legis_id
stringlengths 7
15
| text
stringlengths 248
4.78M
| url
stringlengths 71
89
|
|---|---|---|
117-s-3514 | II 117th CONGRESS 2d Session S. 3514 IN THE SENATE OF THE UNITED STATES January 18, 2022 Mr. Paul (for himself, Mr. Scott of Florida , Mr. Lankford , Mr. Wicker , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To repeal COVID–19 vaccination requirements imposed by the District of Columbia.
1. Short title This Act may be cited as the Restore Parental and Consumer Medical Rights in the Nation's Capital Act . 2. Repeal of DC vaccine mandates The following shall have no force or effect: (1) Order 2021–148 issued by the Mayor of the District of Columbia on December 22, 2021. (2) The Coronavirus Immunization of School Students and Early Childhood Workers Amendment Act of 2021 (D.C. Act 24–285), enacted by the District of Columbia Council on January 12, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s3514is/xml/BILLS-117s3514is.xml |
117-s-3515 | II 117th CONGRESS 2d Session S. 3515 IN THE SENATE OF THE UNITED STATES January 18, 2022 Mr. Van Hollen (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior to remove the bronze plaque and concrete block bearing the name of Francis Newlands from the grounds of the memorial fountain located at Chevy Chase Circle in the District of Columbia, and for other purposes.
1. Short title This Act may be cited as the Francis G. Newlands Memorial Removal Act . 2. Removal of Plaque and Concrete from Memorial Fountain Grounds (a) In general The Secretary of the Interior shall— (1) remove the brass plaque bearing the name Senator Francis G. Newlands from the grounds of the memorial fountain; (2) remove from the south end of the memorial fountain’s face, the stone, tablet-like projection bearing the name of Francis Griffith Newlands and a related inscription; (3) remove the name Newlands Memorial Fountain carved into the upper face of the memorial fountain’s coping stones; and (4) offer the items removed pursuant to paragraphs (1), (2), and (3) to the descendants of Francis Griffith Newlands for a period of 60 days, and if not claimed within that period, direct the items removed pursuant to paragraphs (1), (2), and (3) to be maintained by the National Park Service as Federal property and accessioned into the Rock Creek Park museum collection. (b) Memorial fountain For the purposes of this section, the term memorial fountain means the memorial fountain located at Chevy Chase Circle, Connecticut Avenue and Western Avenue NW, in the District of Columbia. | https://www.govinfo.gov/content/pkg/BILLS-117s3515is/xml/BILLS-117s3515is.xml |
117-s-3516 | II 117th CONGRESS 2d Session S. 3516 IN THE SENATE OF THE UNITED STATES January 18, 2022 Mr. Sasse introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to provide emergency use authorization with respect to certain COVID–19 diagnostic tests approved for use in the European Union.
1. Short title This Act may be cited as the Increase Access to COVID Testing Act . 2. Emergency use approval of certain COVID–19 tests (a) In general For the duration of the public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19, the Secretary of Health and Human Services shall authorize the introduction into interstate commerce, pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ), without regard for any specific criteria under subsection (c)(2) of such section, of any antigen diagnostic test to detect SARS–CoV–2 that is described in subsection (b), upon request by the manufacturer under such section 564. (b) Tests described An antigen diagnostic test to detect SARS–CoV–2 described in this subsection is such a test— (1) that is included on the common list of COVID–19 rapid antigen tests of the European Commission Directorate-General for Health and Food Safety; and (2) for which the emergency use authorization request is for an at-home, or other non-laboratory site, use, without a prescription. (c) Terms of authorization (1) In general A diagnostic test authorized as described in subsection (a) shall be subject to the same terms and requirements as other products authorized under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ). (2) Change in status in the EU In the case of an antigen diagnostic test authorized as described in subsection (a), if the European Commission Directorate-General for Health and Food Safety removes such test from the common list described in subsection (b)(1), the Secretary of Health and Human Services, not later than 30 days after such removal from the common list, shall conduct a review of the test to determine whether the emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ) should continue. | https://www.govinfo.gov/content/pkg/BILLS-117s3516is/xml/BILLS-117s3516is.xml |
117-s-3517 | II 117th CONGRESS 2d Session S. 3517 IN THE SENATE OF THE UNITED STATES January 19 (legislative day, January 18), 2022 Mr. Cassidy (for himself and Mr. Kennedy ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Red River National Wildlife Refuge Act to modify the boundary of the Red River National Wildlife Refuge, and for other purposes.
1. Short title This Act may be cited as the Red River National Wildlife Refuge Boundary Modification Act . 2. Red River National Wildlife Refuge boundary modification Section 3(a)(1) of the Red River National Wildlife Refuge Act ( Public Law 106–300 ; 114 Stat. 1055) is amended by striking map entitled Red River National Wildlife Refuge—Selection Area , dated September 5, 2000 and inserting map entitled Red River National Wildlife Refuge Acquisition Boundary and dated November 17, 2021 . | https://www.govinfo.gov/content/pkg/BILLS-117s3517is/xml/BILLS-117s3517is.xml |
117-s-3518 | II 117th CONGRESS 2d Session S. 3518 IN THE SENATE OF THE UNITED STATES January 19 (legislative day, January 18), 2022 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To increase the rates of pay under the statutory pay systems and for prevailing rate employees by 5.1 percent, and for other purposes.
1. Short title This Act may be cited as the Federal Adjustment of Income Rates Act or the FAIR Act . 2. Adjustment to rates of pay (a) Statutory pay systems For calendar year 2022, the percentage adjustment under section 5303 of title 5, United States Code, in the rates of basic pay under the statutory pay systems (as defined in section 5302 of title 5, United States Code) shall be 4.1 percent. (b) Prevailing rate employees Notwithstanding the wage survey requirements under section 5343(b) of title 5, United States Code, for fiscal year 2022, the rates of basic pay (as in effect on the last day of fiscal year 2021 under section 5343(a) of such title) for prevailing rate employees in each wage area and the rates of basic pay under sections 5348 and 5349 of such title shall be increased by 4.1 percent. 3. Adjustment to locality pay For calendar year 2022, the percentage adjustment under section 5304 of title 5, United States Code, shall be an increase of 1.0 percent. | https://www.govinfo.gov/content/pkg/BILLS-117s3518is/xml/BILLS-117s3518is.xml |
117-s-3519 | II 117th CONGRESS 2d Session S. 3519 IN THE SENATE OF THE UNITED STATES January 19 (legislative day, January 18), 2022 Mr. Boozman (for himself, Mr. Blunt , Mr. Heinrich , Mr. Cornyn , and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Trails System Act to designate the Butterfield Overland National Historic Trail, and for other purposes.
1. Short title This Act may be cited as the Butterfield Overland National Historic Trail Designation Act . 2. Designation of the Butterfield Overland National Historic Trail Section 5(a) of the National Trails System Act ( 16 U.S.C. 1244(a) ) is amended by adding at the end the following: (31) Butterfield Overland National Historic Trail (A) In general The Butterfield Overland National Historic Trail, a trail of approximately 3,292 miles following the route operated by the Butterfield Overland Mail Company, known as the Ox-Bow Route , to transport mail and passengers between the eastern termini of St. Louis, Missouri, and Memphis, Tennessee, and extending westward through the States of Arkansas, Oklahoma, Texas, New Mexico, and Arizona, to the western terminus of San Francisco, California, as generally depicted on the maps numbered 1 through 15, entitled Study Route Maps , and contained in the report prepared by the National Park Service entitled Butterfield Overland Trail National Historical Trail Special Resource Study and dated May 2018. (B) Maps The maps described in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (C) Administration The trail established by subparagraph (A) shall be administered by the Secretary of the Interior. (D) Land acquisition The United States shall not acquire for the trail established by subparagraph (A) any land or interest in land outside of the exterior boundary of any federally administered area without the consent of the owner of the land or interest in land. . | https://www.govinfo.gov/content/pkg/BILLS-117s3519is/xml/BILLS-117s3519is.xml |
117-s-3520 | II 117th CONGRESS 2d Session S. 3520 IN THE SENATE OF THE UNITED STATES January 19 (legislative day, January 18), 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit targeted advertising by advertising facilitators and advertisers, and for other purposes.
1. Short title This Act may be cited as the Banning Surveillance Advertising Act of 2022 . 2. Prohibition on targeted advertising (a) Prohibition on targeting by advertising facilitators (1) In general An advertising facilitator may not— (A) target the dissemination of an advertisement; or (B) knowingly enable an advertiser or a third party to target the dissemination of an advertisement, including by providing the advertiser or third party with— (i) a list of individuals or connected devices; (ii) contact information of an individual; (iii) a unique identifier that may be used to identify an individual or a connected device; or (iv) other personal information that can be used to identify an individual or a connected device. (2) Contextual advertisements (A) In general For purposes of paragraph (1), an advertising facilitator shall not be considered to target the dissemination of an advertisement, or to knowingly enable an advertiser or third party to target the dissemination of an advertisement, to an individual (or a connected device associated with an individual) if the advertisement— (i) is disseminated based on information— (I) that the individual is viewing or with which the individual is otherwise engaging; or (II) for which the individual searched; and (ii) is displayed or otherwise disseminated in close proximity to information described in clause (i). (B) Prohibition on further use of information related to the delivery of contextual advertisements Information collected in connection with the dissemination of an advertisement as described in subparagraph (A) may not be used to target the dissemination of additional advertisements or to knowingly enable an advertiser or third party to target the dissemination of additional advertisements. (3) Information provided by or on behalf of advertiser with attestation of compliance Paragraph (1) does not apply to the targeting of the dissemination of an advertisement based on information described in clauses (i) through (iv) of subparagraph (B) of such paragraph that is provided to an advertising facilitator by an advertiser or by a third party on behalf of an advertiser, if the advertising facilitator is provided a written attestation that the advertiser is not in violation of subsection (b) with respect to such information. (b) Prohibition on targeting by advertisers An advertiser may not target, cause an advertising facilitator to target, or knowingly enable a third party to target or cause an advertising facilitator to target, the dissemination of an advertisement (including by providing any information described in clauses (i) through (iv) of subsection (a)(1)(B)) based on personal information— (1) that the advertiser has purchased or otherwise obtained from another person (other than an individual to whom the personal information pertains); or (2) that— (A) identifies an individual as a member of a protected class; or (B) is known or should reasonably be known by the advertiser to act as a reasonable proxy for identifying an individual as a member of a protected class. (c) Exception for targeting based on recognized place For purposes of this section, the dissemination of an advertisement shall not be considered to be targeted to an individual, connected device, or group of individuals or connected devices based on a recognized place associated with the individual, connected device, or group of individuals or connected devices. 3. Enforcement (a) Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice 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 Except as provided in subparagraph (B) and paragraph (3)— (i) the Commission shall enforce this Act and the regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act; and (ii) any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (B) Exclusive litigation authority Notwithstanding section 16(a) of the Federal Trade Commission Act ( 15 U.S.C. 56(a) ), the Commission shall have exclusive authority to commence or defend, and supervise the litigation of, any action for a violation of this Act or a regulation promulgated under this Act, and any appeal of such action, in its own name by any of its attorneys designated by it for such purpose, without first referring the matter to the Attorney General. (3) Common carriers and nonprofit organizations Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 ; 45(a)(2); 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act and the regulations promulgated under this Act, in the same manner provided in paragraphs (1) and (2), with respect to— (A) common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and all Acts amendatory thereof and supplementary thereto; and (B) organizations not organized to carry on business for their own profit or that of their members. (4) Rulemaking authority The Commission may promulgate, under section 553 of title 5, United States Code, any regulations necessary to implement this Act. (5) Savings clause Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (b) Enforcement by States (1) In general In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by an act or practice in violation of this Act or a regulation promulgated under this Act, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or an appropriate State court to obtain appropriate relief. (2) Rights of the Commission (A) Notice to the Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by the Commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) remove the civil action to the appropriate district court of the United States, if the action was not originally brought in such court; (II) be heard on all matters arising in the civil action; and (III) file petitions for appeal of a decision in the civil action. (C) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (3) Action by the Commission If the Commission institutes a civil action with respect to a violation of this Act or a regulation promulgated under this Act, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (4) Actions by other State officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under such paragraph, subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an attorney general or authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (c) Private right of action (1) Enforcement by individuals (A) In general Any individual alleging a violation of this Act or a regulation promulgated under this Act may bring a civil action in any Federal or State court of competent jurisdiction. (B) Relief In a civil action brought under subparagraph (A) in which the plaintiff prevails, the court may award— (i) an amount equal to— (I) in the case of a negligent violation, not less than $100 and not greater than $1,000 per violation; or (II) in the case of a reckless, knowing, willful, or intentional violation, not less than $500 and not greater than $5,000 per violation; (ii) reasonable attorney’s fees and litigation costs; and (iii) any other relief, including equitable or declaratory relief, that the court determines appropriate. (C) Injury in fact A violation of this Act or a regulation promulgated under this Act with respect to the personal information of an individual constitutes a concrete and particularized injury in fact to that individual. (2) Invalidity of pre-dispute arbitration agreements and pre-dispute joint-action waivers (A) In general Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint-action waiver shall be valid or enforceable. (B) Applicability Any determination as to whether or how this paragraph applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether such agreement purports to delegate such determination to an arbitrator. 4. Definitions In this Act: (1) Advertisement The term advertisement means information provided by an advertiser to an advertising facilitator that the advertising facilitator, in exchange for monetary consideration or another thing of value, disseminates to an individual, connected device, or group of individuals or connected devices. (2) Advertiser (A) In general The term advertiser means a person to the extent such person, directly or indirectly, provides an advertising facilitator with monetary consideration or another thing of value for the dissemination of an advertisement to an individual, connected device, or group of individuals or connected devices. (B) Exclusion The term advertiser does not include a natural person, except to the extent such person is engaged in a commercial activity that is more than de minimis. (3) Advertising facilitator (A) In general The term advertising facilitator means a person to the extent such person— (i) receives monetary consideration or another thing of value to disseminate an advertisement to an individual, connected device, or group of individuals or connected devices; and (ii) collects or processes personal information with respect to the dissemination of the advertisement. (B) Exclusion The term advertising facilitator does not include a natural person, except to the extent such person is engaged in a commercial activity that is more than de minimis. (4) Collect The term collect means, with respect to personal information, to obtain such information in any manner, except when solely transmitting, routing, providing intermediate storage for, or providing connections for such information through a system or network. (5) Commission The term Commission means the Federal Trade Commission. (6) Connected device The term connected device means any electronic equipment that is— (A) primarily designed for or marketed to consumers; (B) capable of connecting to the internet or another communication network; and (C) capable of sending, receiving, or processing personal information. (7) Contents The term contents , when used with respect to any communication, has the meaning given such term in section 2510 of title 18, United States Code. (8) Dispute The term dispute means any claim by an individual that a person has violated this Act or the regulations promulgated under this Act. (9) Disseminate The term disseminate means, with respect to an advertisement, to transmit, display, or otherwise disseminate the advertisement electronically or through communication by wire or radio. (10) Dissemination The term dissemination means, with respect to an advertisement, the transmission, display, or other dissemination of the advertisement electronically or through communication by wire or radio. (11) Indian lands The term Indian lands includes— (A) any Indian country of an Indian Tribe (as such term is defined in section 1151 of title 18, United States Code); (B) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), by an Indian Tribe that is a Native village (as such term is defined in section 3 of that Act ( 43 U.S.C. 1602 )) or by a Village Corporation (as such term is defined in section 3 of that Act ( 43 U.S.C. 1602 )) that is associated with an Indian Tribe; and (C) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Bureau of the Census for the purposes of the most recent decennial census. (12) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (13) Personal information The term personal information means data linked or reasonably linkable to an individual or connected device, including— (A) data inferred or derived about the individual or connected device from other collected data, if such data is still linked or reasonably linkable to the individual or connected device; (B) contents of communications; (C) internet browsing history and online activity; and (D) a unique identifier used for the purposes of targeting the dissemination of an advertisement. (14) Pre-dispute arbitration agreement The term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of making the agreement. (15) Pre-dispute joint-action waiver The term pre-dispute joint-action waiver means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of making the agreement. (16) Protected class The term protected class means the actual or perceived race, color, ethnicity, national origin, religion, sex (including sexual orientation and gender identity or gender expression), familial status, or disability of an individual or group of individuals. (17) Recognized place (A) In general The term recognized place means any of the following: (i) A State. (ii) Indian lands. (iii) A county, municipality, city, town, township, village, borough, or similar unit of general government that is— (I) incorporated pursuant to a State law; or (II) an incorporated place (as defined in the most recent glossary of the Bureau of the Census). (iv) A census designated place (as defined in the most recent glossary of the Bureau of the Census). (v) A designated market area (as defined in section 122(j) of title 17, United States Code). (vi) A congressional district. (B) Exclusions The term recognized place does not include— (i) a subdivision of any item listed in subparagraph (A) that is not itself listed in such subparagraph; or (ii) a ZIP Code. (18) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. (19) Target (A) In general The term target means, with respect to the dissemination of an advertisement, to perform or cause to be performed any computational process designed to select an individual, connected device, or group of individuals or connected devices to which to disseminate the advertisement based on personal information pertaining to the individual or connected device or to the individuals or connected devices that make up the group. (B) Exclusions The term target does not include, with respect to the dissemination of an advertisement, the performance or causing the performance of any computational process undertaken solely for transmitting, routing, providing intermediate storage for, or providing connections for the advertisement through a system or network. (20) Third party The term third party includes, with respect to an advertiser or an advertising facilitator, a subsidiary, a corporate affiliate, or other related party of the advertiser or advertising facilitator. | https://www.govinfo.gov/content/pkg/BILLS-117s3520is/xml/BILLS-117s3520is.xml |
117-s-3521 | II 117th CONGRESS 2d Session S. 3521 IN THE SENATE OF THE UNITED STATES January 19 (legislative day, January 18), 2022 Mr. Schatz (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To assist entrepreneurs and support development of the creative economy, and for other purposes.
1. Short title This Act may be cited as the Comprehensive Resources for Entrepreneurs in the Arts to Transform the Economy Act of 2022 or the CREATE Act of 2022 . 2. Microloan program expansion Section 7(m)(6) of the Small Business Act ( 15 U.S.C. 636(m)(6) ) is amended by adding at the end the following: (F) Loan criteria for artists and arts entrepreneurs The Administration, in consultation with eligible intermediaries, shall develop loan criteria to ensure that small business concerns owned and controlled by artists and small business concerns that support the creative economy receive loan proceeds under this subsection. . 3. SBA business loans for the creative economy Section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) is amended by adding at the end the following: (38) Creative economy In providing assistance under this subsection, the Administration shall develop procedures to evaluate the business proposals and business plans of non-employer businesses and small business concerns that focus on economic development, job creation, and community growth with respect to the creative economy. . 4. SBA technical assistance programs Section 21 of the Small Business Act ( 15 U.S.C. 648 ) is amended by adding at the end the following: (o) Technical assistance programs for artists and arts entrepreneurs The Administration, in consultation with relevant stakeholders, shall develop technical assistance programs to be carried out by small business development centers under this subsection that target the specific needs of artists and arts entrepreneurs. . 5. Arts-focused economic development Title II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by adding at the end the following: 219. Arts-focused economic development (a) Definitions In this section: (1) Business incubation program The term business incubation program means a program that— (A) accelerates the successful development of entrepreneurial businesses through business support resources and services, developed or orchestrated by incubator management; (B) is designed to produce successful businesses; and (C) provides management guidance, technical assistance, and consulting designed for young, growing businesses, including by providing— (i) rental space and flexible leases; (ii) shared basic business services and equipment; (iii) technology support services; and (iv) assistance in obtaining financing necessary for growth of the business. (2) Incubator The term incubator means a multitenant facility with on-site management that directs a business incubation program. (b) Arts-Focused economic development In providing grants and assistance under this Act (including through the local technical assistance, partnership planning, and comprehensive economic development strategies programs of the Economic Development Administration), the Secretary shall provide to State, regional, and local arts agencies, artists, and creative workers support through traditional economic development tools, including— (1) incubators; and (2) economic development planning and technical assistance, including assistance for State, regional, and local arts agencies in work related to comprehensive economic development strategies. . 6. Demonstration program to promote use of creative industries and occupations in certain economic planning Not later than 120 days after the date of enactment of this Act, the Secretary of Commerce shall establish a demonstration program to assess the feasibility and advisability of providing support to local arts agencies and nonprofits through planning grants under section 203 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3143 ) and local technical assistance grants under section 207 of that Act ( 42 U.S.C. 3147 ) to promote the use of creative industries and occupations in the economic planning of local governments, including in comprehensive economic development strategies. | https://www.govinfo.gov/content/pkg/BILLS-117s3521is/xml/BILLS-117s3521is.xml |
117-s-3522 | II 117th CONGRESS 2d Session S. 3522 IN THE SENATE OF THE UNITED STATES January 19 (legislative day, January 18), 2022 Mr. Cornyn (for himself, Mr. Cardin , Mr. Wicker , and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide enhanced authority for the President to enter into agreements with the Government of Ukraine to lend or lease defense articles to that Government to protect civilian populations in Ukraine from Russian military invasion, and for other purposes.
1. Short title This Act may be cited as the Ukraine Democracy Defense Lend-Lease Act of 2022 . 2. Reaffirmation of policy Congress reaffirms— (1) its finding under section 501 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2301 ) that the efforts of the United States and other friendly countries to promote peace and security continue to require measures of support based upon the principle of effective self-help and mutual aid ; (2) its recognition under that section that the peace of the world and the security of the United States are endangered so long as hostile countries continue by threat of military action, by the use of economic pressure, and by internal subversion, or other means to attempt to bring under their domination peoples now free and independent and continue to deny the rights of freedom and self-government to peoples and countries once free but now subject to such domination ; and (3) its intention under that section to promote the peace of the world and the foreign policy, security, and general welfare of the United States by fostering an improved climate of political independence and individual liberty, [and] improving the ability of friendly countries and international organizations to deter or, if necessary, defeat aggression . 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) Critical infrastructure The term critical infrastructure means systems and assets, whether physical or virtual, so vital to Ukraine that the incapacity or destruction of such systems and assets would have a debilitating impact on the security, national economic security, or national public health or safety of Ukraine, or any combination of those matters. (3) Defense article The term defense article — (A) has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403 ); and (B) includes United States cyber capabilities and assets. 4. Agreements with the Government of Ukraine to lend or lease defense articles to that Government to protect civilian populations in Ukraine from Russian invasion (a) Authority (1) In general Subject to the provisions of law described in paragraph (2), the President may enter into one or more agreements directly with the Government of Ukraine to lend or lease defense articles to that Government if— (A) before the date on which a defense article is transferred to the Government of Ukraine under such an agreement, the Government of Ukraine certifies to the President of the United States that the defense article is necessary to protect civilian populations in Ukraine from Russian military invasion; and (B) not later than 90 days after the date on which a defense article is transferred to the Government of Ukraine under such an agreement, the President certifies to the appropriate congressional committees that the defense article is necessary to protect civilian populations in Ukraine from Russian military invasion. (2) Provisions of law described (A) In general Except as provided in subparagraph (B), the provisions of law described in this paragraph are the following: (i) The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ). (ii) The Arms Export Control Act ( 22 U.S.C. 2751 et seq. ). (iii) Any other relevant provision of law. (B) Exclusions The enhanced authority described in paragraph (1) is not subject to the following provisions of law: (i) Section 503(b)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2311(b)(3) ). (ii) Sections 61 and 63 of the Arms Export Control Act (22 U.S.C. 2796 and 2796b). (3) Waiver of certain report requirements Congress finds that an emergency exists for purposes of subsection (b) of section 62 of the Arms Export Control Act ( 22 U.S.C. 2796a ), and the requirements of that section are waived. (b) Expiration of authority (1) In general The enhanced authority described in subsection (a) shall expire on the date on which each of the following conditions is met: (A) The conflict described in paragraph (2)(A) has ceased. (B) The Russian Federation has reduced its military force on the eastern border of Ukraine to levels commensurate with the levels maintained prior to March 1, 2021. (2) Conflict described (A) In general The conflict described in this paragraph is the conflict between the Russian Federation and Ukraine that began in February 2014 when the Russian Federation invaded Ukraine and annexed the Crimea region of Ukraine. (B) Treatment of attacks on civilian populations Any attack by the Russian Federation on a civilian population in Ukraine, including any conventional attack on a civilian population or any cyber attack to critical infrastructure in Ukraine that originates from within the Russian Federation, shall be treated as a continuation of the conflict described in subparagraph (A). (c) Delegation of authority The President may delegate the enhanced authority described in subsection (a) only to an official appointed by the President by and with the advice and consent of the Senate. 5. Procedures for delivery of defense articles Not later than 90 days after the date of the enactment of this Act, the President shall establish expedited procedures for the delivery of any defense article loaned or leased to the Government of Ukraine under an agreement entered into under section 4(a) to ensure timely delivery of the article to that Government. 6. Reports required (a) Report on use of authority (1) In general 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 setting forth the following: (A) An identification of any defense articles loaned or leased to the Government of Ukraine under an agreement entered into under section 4(a), disaggregated by articles loaned and articles leased. (B) The intended use and specific protection circumstances for each defense article identified under subparagraph (A). (2) Updates Not less frequently than once every 90 days until the conflict described in section 4(b)(2) has ceased, the President shall update the report required by paragraph (1). (b) Report on efforts To lift NSPA restrictions on transfers of defense articles to Ukraine 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 on restrictions imposed by the North Atlantic Treaty Organization (NATO) Support and Procurement Agency on transfers of defense articles to Ukraine, including a discussion of whether such restrictions should be lifted. | https://www.govinfo.gov/content/pkg/BILLS-117s3522is/xml/BILLS-117s3522is.xml |
117-s-3523 | II 117th CONGRESS 2d Session S. 3523 IN THE SENATE OF THE UNITED STATES January 19 (legislative day, January 18), 2022 Mr. Marshall (for himself, Mr. Hawley , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the STOCK Act to require the public availability of financial disclosure forms of certain special consultants and information relating to certain confidential filers, and for other purposes.
1. Short title This Act may be cited as the Financial Accountability for Uniquely Compensated Individuals Act or the FAUCI Act . 2. Public availability of financial disclosure forms of certain special consultants and information relating to certain confidential filers (a) In general Section 11(b)(1) of the STOCK Act ( Public Law 112–105 ; 5 U.S.C. App. 105 note) is amended— (1) in the matter preceding subparagraph (A), by inserting , through databases maintained on the official website of the Office of Government Ethics after enable ; (2) by striking the undesignated matter following subparagraph (B); and (3) in subparagraph (B)— (A) in each of clauses (i) and (iii), by striking the comma at the end of the clause and inserting a semicolon; (B) in clause (i), by inserting any officer or employee in the executive branch (including a special Government employee (as defined in section 202 of title 18, United States Code) and any special consultant appointed under section 207(f) of the Public Health Service Act ( 42 U.S.C. 209(f) )) whose annual rate of pay is equal to or greater than the annual rate of pay for a Member of Congress under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ), before and any officer ; (C) in clause (ii), by striking , and at the end and inserting a semicolon; (D) in clause (iii), by adding and at the end; and (E) by inserting after clause (iii) the following: (iv) a list of the name, position, and salary of each individual whose annual rate of pay is equal to or greater than the annual rate of pay for a Member of Congress under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ) that filed a confidential financial disclosure report under section 107(a)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.), including a description of the specific type of information included in the financial disclosure report filed by the individual. . (b) Applicable deadlines The Director of the Office of Government Ethics shall publish on the public website of the Office of Government Ethics any information with respect to which public access is required by an amendment made by subsection (a)— (1) not later than 45 days after the date of enactment of this Act, in the case of information required for calendar year 2020; (2) not later than 180 days after the date of enactment of this Act, in the case of information required for each of calendar years 2017 through 2019; (3) not later than 1 year after the date of enactment of this Act, in the case of information required for each of calendar years 2014 through 2016; (4) not later than May 15, 2022, in the case of information required for calendar year 2021; (5) not later than 30 days after the date on which the financial disclosure is filed, in the case of information required by an amendment made by subsection (a)(3)(B) for calendar year 2022 and each calendar year thereafter; and (6) not later than May 15 of the subsequent calendar year, in the case of information required by an amendment made by subsection (a)(3)(E) for calendar year 2022 and each calendar year thereafter. | https://www.govinfo.gov/content/pkg/BILLS-117s3523is/xml/BILLS-117s3523is.xml |
117-s-3524 | II 117th CONGRESS 2d Session S. 3524 IN THE SENATE OF THE UNITED STATES January 19 (legislative day, January 18), 2022 Mr. Wyden (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To regulate monitoring of electronic communications between an incarcerated person in a Bureau of Prisons facility and that person’s attorney or other legal representative, and for other purposes.
1. Short title This Act may be cited as the Effective Assistance of Counsel in the Digital Era Act . 2. Electronic communications between an incarcerated person and the person’s attorney (a) Definitions In this section— (1) the term agent of an attorney or legal representative means any person employed by or contracting with an attorney or legal representative, including law clerks, interns, investigators, paraprofessionals, and administrative staff; (2) the term contents has the meaning given such term in 2510 of title 18, United States Code; (3) the term electronic communication — (A) has the meaning given such term in section 2510 of title 18, United States Code; and (B) includes the Trust Fund Limited Inmate Computer System; (4) the term incarcerated person means any individual in the custody of the Bureau of Prisons or the United States Marshals Service who has been charged with or convicted of an offense against the United States, including such an individual who is imprisoned in a State institution; (5) the term monitoring means accessing the contents of an electronic communication at the time that, or anytime after, such communication is sent; and (6) the term privileged electronic communication means— (A) an electronic communication between an incarcerated person and a potential, current, or former attorney or legal representative of the incarcerated person that falls within the legally recognized scope of attorney-client privilege and is subject to the limitations or exceptions associated with such privilege; and (B) an electronic communication between an incarcerated person and the agent of an attorney or legal representative described in subparagraph (A). (b) Prohibition on monitoring Not later than 2 years after the date of enactment of this Act, the Attorney General shall issue a report, establish guidelines, and create a program or system, or modify a program or system that exists on the date of enactment of this Act, through which an incarcerated person may send or receive an electronic communication that excludes from monitoring the contents of any privileged electronic communication. (c) Features of program or system The program or system created or modified under subsection (b) shall comply with the following: (1) Retention of contents The Bureau of Prisons may retain, and provide access by an incarcerated person to, the contents of electronic communications, including the contents of privileged electronic communications, of the incarcerated person until the date on which the incarcerated person is released from the custody of the Bureau of Prisons or the United States Marshals Service. (2) Attorney-client privilege Attorney-client privilege, and the protections and limitations associated with such privilege (including the crime fraud exception), shall apply to electronic communications sent or received through the program or system. (d) Accessing retained communications (1) In general Privileged electronic communications retained under subsection (c)(1) may only be accessed by or provided to a person other than the incarcerated person for whom such privileged electronic communications are retained in accordance with paragraphs (2) and (3) of this subsection. (2) Attorney general The Attorney General, or a designee, may only access such privileged electronic communications if necessary for the purpose of creating and maintaining the program or system created or modified under subsection (b), or any modification to the program or system. The Attorney General may not review the contents of privileged electronic communications pursuant to this paragraph. (3) Investigative and law enforcement officers (A) Warrant (i) In general Such privileged electronic communications may only be accessed and the contents of such privileged electronic communications may only be reviewed by an investigative or law enforcement officer pursuant to a warrant issued by a court pursuant to the procedures described in the Federal Rules of Criminal Procedure. (ii) Waiver An incarcerated person may waive the requirement to obtain a warrant under clause (i). (iii) Approval No application for such a warrant may be made to a court without the express approval of a United States attorney, an Assistant Attorney General, or a designee thereof. (B) Privileged information The Attorney General shall establish procedures concerning the review of privileged electronic communications under subparagraph (A), which shall include the following: (i) Review Before the contents of such privileged electronic communications may be reviewed by an investigative or law enforcement officer pursuant to a warrant described in subparagraph (A), the privileged electronic communications shall be reviewed by a United States attorney, an Assistant Attorney General, or a designee to determine if a limitation or exception to the attorney-client privilege applies to any of the privileged electronic communications. (ii) Barring participation A United States attorney, an Assistant Attorney General, or a designee who reviews privileged electronic communications pursuant to clause (i) shall be barred from— (I) participating in a legal proceeding in which an individual who sent or received such a privileged electronic communication is a defendant; or (II) sharing with an attorney who is participating in such a legal proceeding such a privileged electronic communication. (4) Motion to suppress Upon motion of a defendant, a court may suppress evidence obtained or derived from accessing privileged electronic communications or reviewing the contents of privileged electronic communications in violation of this subsection. (e) Notice until program or system is operational The Attorney General shall provide written notice to each individual who is an incarcerated person at any time during the period beginning on the date of enactment of this Act and ending on the date on which the program or system created or modified under subsection (b) is operational that the privileged electronic communications of the individual are subject to monitoring. (f) Rules of construction (1) Inapplicability to non-privileged electronic communications Nothing in this section shall be construed to limit the ability of investigative or law enforcement officers to monitor, record, access, review, or retain nonprivileged electronic communications of an incarcerated person. (2) Verification of agent of an attorney or legal representative Nothing in this section shall limit the authority of the Bureau of Prisons to establish policies that require a potential, current, or former attorney or legal representative to verify their identity, employment status, or licensure to practice law prior to being granted authorization to receive or send electronic communications from or to an incarcerated person. | https://www.govinfo.gov/content/pkg/BILLS-117s3524is/xml/BILLS-117s3524is.xml |
117-s-3525 | II 117th CONGRESS 2d Session S. 3525 IN THE SENATE OF THE UNITED STATES January 19 (legislative day, January 18), 2022 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To encourage the extraction and processing of rare earth metals in the United States, and for other purposes.
1. Short title This Act may be cited as the Restoring Essential Energy and Security Holdings Onshore for Rare Earths Act of 2022 or the REEShore Act of 2022 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Processed or refined The term processed or refined means any process by which raw rare earth metals are changed, mixed, or otherwise manipulated to render the metal usable for manufacturing everyday items, including computer chips or circuit boards. (3) Rare earth metals The term rare earth metals means beryllium, cerium, cobalt, dysprosium, erbium, europium, gadolinium, graphite, holmium, lanthanum, lithium, lutetium, manganese, neodymium, praseodymium, promethium, samarium, scandium, tantalum, terbium, thulium, tungsten, ytterbium, and yttrium. 3. Establishment of strategic rare earth metal and rare earth metal products reserve (a) Findings Congress finds that the storage of substantial quantities of rare earth metals and rare earth metal products will— (1) diminish the vulnerability of the United States to the effects of a severe supply chain interruption; and (2) provide limited protection from the short-term consequences of an interruption in supplies of rare earth metal products, particularly such products required for defense manufacturing and use. (b) Statement of policy It is the policy of the United States to provide for the establishment of a strategic rare earth metals and rare earth metal products reserve. (c) Report required (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Defense shall jointly submit the appropriate congressional committees a report describing— (A) the strategic requirements of the United States regarding stockpiles of rare earth metals and processed and refined rare earth metal products; and (B) the requirements for such metals and products to support the United States for one year in the event of a supply disruption. (2) Considerations In developing the report required by paragraph (1), the Secretary of the Interior and the Secretary of Defense shall take into consideration the needs of the Armed Forces of the United States, the defense industrial and technology sectors, and any places, organizations, physical infrastructure, or digital infrastructure designated as critical to the national security of the United States. (d) Implementation Not later than 3 years after submission of the report required by subsection (c), the Secretary of the Interior shall take such actions as are necessary to procure all types of rare earth metals and processed and refined rare earth metal products in appropriate quantities to support the strategic requirements described in the report. (e) Reassessment of requirements The Secretary of the Interior and the Secretary of Defense shall— (1) jointly reassess the strategic requirements described in paragraph (1) of subsection (c) and the considerations described in paragraph (2) of that subsection; and (2) not less frequently than annually, submit to the appropriate congressional committees a report on— (A) that reassessment; and (B) describing any activities relating to the establishment or use of a strategic rare earth metals and rare earth metal products reserve during the preceding year. 4. Disclosures concerning rare earth metals by contractors of Department of Defense (a) Requirement The Secretary of Defense shall require that any contractor that provides to the Department of Defense a system with a rare earth metal permanent magnet disclose, along with delivery of the system, the provenance of the magnet. (b) Elements A disclosure under subsection (a) shall include an identification of the country or countries in which— (1) the rare earth metals used in the magnet were mined; (2) the rare earth metals were refined into oxides; (3) the rare earth metals were made into metals and alloys; and (4) the magnet was sintered or bonded and magnetized. (c) Implementation of supply chain tracking system If a contractor cannot make the disclosure required by subsection (a) with respect to a magnet, the Secretary shall require the contractor to establish and implement a supply chain tracking system in order to make the disclosure not later than 180 days after providing the magnet to the Department of Defense. (d) Report required Not later than December 31, 2022, and annually thereafter, the Secretary of Defense, after consultation with the Secretary of Commerce and the Secretary of the Interior, shall submit to the appropriate congressional committees a report that includes— (1) a summary of the disclosures made under this section; (2) an assessment of the extent of reliance by the United States on foreign countries, and especially countries that are not allies of the United States, for rare earth metals; (3) a determination with respect to which systems are of the greatest concern for interruptions of rare earth metal supply chains; and (4) any suggestions for legislation or funding that would mitigate supply chain security gaps. 5. Restriction on use of Chinese-made rare earth metals in military technologies (a) In general The Secretary of Defense shall require that, for any contract entered into or renewed on or after December 31, 2026, for the procurement of a system the export of which is restricted or controlled under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), no rare earth metals processed or refined in the People’s Republic of China may be included in the system. (b) Waiver The Secretary may waive the restriction under subsection (a) upon a determination that— (1) rare earth metals of sufficient quantity and quality are not available at reasonable prices from sources outside of the People’s Republic of China; and (2) such a waiver is in the interests of national security. 6. Compliance with contracting requirements (a) In general Not later than September 30, 2022, and every 2 years thereafter, the Comptroller General of the United States shall audit the extent of compliance or noncompliance with the requirements of sections 4 and 5 of this Act, and section 2533c of title 10, United States Code, through a random sampling of contracts entered into by the Department of Defense during the 2-year period preceding the audit. (b) Report required Not later than 30 days after the completion of an audit under subsection (a), the Comptroller General shall submit to the appropriate congressional committees an assessment of— (1) the inclusion by the Department of Defense of necessary contracting clauses in relevant contracts; and (2) compliance by contractors of the Department with sections 4 and 5 of this Act and section 2533c of title 10, United States Code. (c) Referral The Comptroller General shall provide the Department of Justice with the resources and authorities needed for any enforcement actions against entities that have failed to comply with the requirements of section 4 or 5 of this Act or section 2533c of title 10, United States Code. 7. Investigation of unfair trade practices (a) In general Not later than 90 days after the date of the enactment of this Act, the United States Trade Representative, in coordination with the Secretary of Commerce, shall initiate an investigation under title III of the Trade Act of 1974 ( 19 U.S.C. 2411 et seq. ) to determine whether acts, policies, and practices of the Government of the People's Republic of China related to technology transfer, intellectual property, or innovation with respect to rare earth metal mining, separation, metallization, alloying, or magnet manufacturing, or related processes, are acts, policies, and practices described in subsection (a) or (b) of section 301 of that Act ( 19 U.S.C. 2411 ). (b) Report required (1) In general Not later than 180 days after initiating the investigation required by subsection (a), the Trade Representative shall submit to the appropriate congressional committees a report assessing the necessity of trade enforcement actions to deter the Government of the People's Republic of China from further interference in the rare earth metals market. (2) Elements The report required by paragraph (1) shall include— (A) a summary of actions taken by the Government of the People's Republic of China to disrupt supply chains for rare earth metals; (B) a summary of the world market for rare earth metals at each stage of the supply chain, including the ability of producers in the United States and countries that are allies of the United States to meet the national security and commercial needs of the United States; (C) determinations with respect to whether further action under title III of the Trade Act of 1974 ( 19 U.S.C. 2411 et seq. ), section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ), or any other provision of law is necessary to deter the Government of the People's Republic of China from further interference in the rare earth metals market; and (D) recommendations for such other authorities as the Secretary considers necessary to deter the Government of the People's Republic of China from further interference in the rare earth metals market. 8. Production in and uses of rare earth metals by United States allies (a) Policy It shall be the policy of the United States to encourage countries that are allies of the United States to eliminate their dependence on non-allied countries for rare earth metals to the maximum extent practicable. (b) Report required Not later than December 31, 2022, and annually thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report— (1) describing in detail the discussions of such Secretaries with countries that are allies of the United States concerning supply chain security for rare earth metals; (2) assessing the likelihood of those countries discontinuing the use of rare earth metals from the People’s Republic of China or other countries that such Secretaries deem to be of concern; and (3) assessing initiatives in other countries to increase rare earth metals production capabilities. | https://www.govinfo.gov/content/pkg/BILLS-117s3525is/xml/BILLS-117s3525is.xml |
117-s-3526 | II 117th CONGRESS 2d Session S. 3526 IN THE SENATE OF THE UNITED STATES January 19 (legislative day, January 18), 2022 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the imposition of sanctions with respect to the People's Republic of China if the People's Liberation Army initiates a military invasion of Taiwan, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Sanctions Targeting Aggressors of Neighboring Democracies with Taiwan Act of 2022 or the STAND with Taiwan Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Statement of policy. Sec. 5. Definitions. Sec. 6. Determination of the initiation of a military invasion by the People’s Liberation Army or its proxies. Sec. 7. Imposition of sanctions with respect to members of the Chinese Communist Party. Sec. 8. Imposition of sanctions with respect to financial institutions affiliated with the Chinese Communist Party. Sec. 9. Imposition of sanctions with respect to entities owned by or affiliated with the Chinese Communist Party. Sec. 10. Prohibition on transfers of funds involving the People's Republic of China. Sec. 11. Prohibition on listing or trading of Chinese entities on United States securities exchanges. Sec. 12. Prohibition on investments by United States financial institutions that benefit the Chinese Communist Party. Sec. 13. Prohibition on importation of certain goods made in the People’s Republic of China. Sec. 14. Exceptions; waiver. Sec. 15. Implementation; penalties. 2. Findings Congress makes the following findings: (1) Taiwan is a free and prosperous democracy of nearly 24,000,000 people, an important contributor to peace and stability around the world, and continues to embody and promote democratic values, freedom, and human rights in Asia. (2) The policy of the United States toward Taiwan is guided by the Taiwan Relations Act ( 22 U.S.C. 3301 et seq. ), the United States-People's Republic of China joint communiqués concluded in 1972, 1978, and 1982, and the Six Assurances that President Ronald Reagan communicated to Taiwan in 1982. (3) Under section 2 of the Taiwan Relations Act ( 22 U.S.C. 3301 ), it is the policy of the United States— (A) to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area ; (B) to declare that peace and stability in the area are in the political, security, and economic interests of the United States, and are matters of international concern ; (C) to make clear that the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means ; (D) to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States ; (E) to provide Taiwan with arms of a defensive character ; and (F) to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan . (4) Since the election of President Tsai Ing-wen as President of Taiwan in 2016, the Chinese Communist Party has employed a variety of coercive military and nonmilitary tactics short of armed conflict in its efforts to exert existential pressure on Taiwan, including through diplomatic isolation, restricting tourism, cyberattacks, spreading disinformation, and controlling the ability of Taiwan to purchase COVID–19 vaccines from other countries. (5) In 2021, there was a notable increase in military provocations by the People’s Liberation Army against Taiwan, including increased flights of military aircraft within Taiwan’s air defense identification zone, holding military exercises in the vicinity of Taiwan’s controlled waters, and performing live-fire exercises in the South China Sea. (6) In March 2021, then Commander of the United States Indo-Pacific Command Admiral Philip Davidson testified that the threat of a military invasion of Taiwan by the People’s Liberation Army is manifest during this decade, in fact in the next six years . (7) In March 2021, then Commander of the United States Pacific Fleet Admiral John Aquilino testified that the threat of a military invasion by the People’s Liberation Army of Taiwan is much closer to us than most think and could materialize well before 2035. (8) In October 2021, President Joseph R. Biden publicly affirmed that the United States would come to the defense of Taiwan, saying, yes, we have a commitment to do that . (9) In addition to military power, economic and financial instruments of United States power and their potential use can have an important deterrent effect on the actions of other countries. 3. Sense of Congress It is the sense of Congress that— (1) it is in the interests of the United States to maintain a free and open Indo-Pacific region, with peace and stability in the Taiwan Strait as a critical component; (2) efforts by the Chinese Communist Party to unilaterally determine the future of Taiwan through non-peaceful means, including threats and the direct use of force, military coercion, economic boycotts or embargoes, and efforts to internationally isolate or annex Taiwan— (A) directly undermine the spirit, intent, and purpose of the Taiwan Relations Act ( 22 U.S.C. 3301 et seq. ); (B) undermine peace and stability in the Taiwan Strait; (C) limit a free and open Indo-Pacific region; and (D) are of grave concern to the Government of the United States; (3) the initiation of a military invasion of Taiwan by the People’s Liberation Army would— (A) disrupt the peace and stability of the region and threaten the peace and stability of the entire globe; and (B) undermine core the political, security, and economic interests of the United States; and (4) as an important deterrent measure against a military invasion of Taiwan, the Chinese Communist Party must understand that initiating such an invasion will result in catastrophic economic and financial consequences for the People’s Republic of China. 4. Statement of policy The policy of the Government of the United States on Taiwan is guided by the Taiwan Relations Act ( 22 U.S.C. 3301 et seq. ), the United States-People’s Republic of China joint communiqués concluded in 1972, 1978, and 1982, and the Six Assurances that President Ronald Reagan communicated to Taiwan in 1982, but in the event of the initiation of a military invasion of Taiwan by the People’s Liberation Army, it is the policy of the United States— (1) to use and deploy all economic, commercial, and financial instruments and levers of power, including— (A) the imposition of sanctions with respect to members of the Chinese Communist Party and financial institutions and other entities affiliated with the Chinese Communist Party; (B) prohibiting the listing or trading of the securities of Chinese entities on United States securities exchanges; (C) prohibiting investments by United States financial institutions in economic sectors of the People’s Republic of China; and (D) prohibiting the importation of certain goods mined, produced, or manufactured in the People’s Republic of China into the United States; and (2) to work in close coordination with allies and partners of the United States to encourage those allies and partners to undertake similar economic, commercial, and financial actions against the Chinese Communist Party. 5. Definitions In this Act: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Admission; admitted; alien The terms admission , admitted , and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Financial Services of the House of Representatives. (4) Covered determination The term covered determination has the meaning given that term in section 6(a). (5) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code. (6) Foreign financial institution The term foreign financial institution has the meaning given that term in regulations prescribed by the Secretary of the Treasury. (7) Foreign person The term foreign person means an individual or entity that is not a United States person. (8) Knowingly The term knowingly with respect to conduct, a circumstance, or a result, means that a person had actual knowledge, or should have known, of the conduct, the circumstance, or the result. (9) Military invasion The term military invasion includes— (A) an amphibious landing or assault; (B) an airborne operation or air assault; (C) an aerial bombardment or blockade; (D) missile attacks, including rockets, ballistic missiles, cruise missiles, and hypersonic missiles; and (E) a naval bombardment or blockade. (10) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) 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. 6. Determination of the initiation of a military invasion by the People’s Liberation Army or its proxies (a) Covered determination defined In this Act, the term covered determination means— (1) a determination by the President, not later than 24 hours after a military invasion of Taiwan by the People’s Liberation Army or any of its proxies, that such an invasion has occurred; or (2) the enactment of a joint resolution pursuant to subsection (b). (b) Determination by joint resolution (1) Covered joint resolution defined In this subsection, the term covered joint resolution means only a joint resolution of either House of Congress the sole matter after the resolving clause of which is as follows: That Congress determines that the People's Liberation Army or one of its proxies initiated a military invasion of Taiwan on ___. , with the blank space being filled with the appropriate date. (2) Introduction A covered joint resolution may be introduced— (A) in the House of Representatives, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee); and (B) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee). (3) Floor consideration in House of Representatives (A) Discharge from committee If a committee of the House of Representatives to which a covered joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral of the joint resolution, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. (B) Moving to consideration At any time after a covered joint resolution has been placed on the appropriate calendar, it is in order for the sponsor of the joint resolution (or a designee) to move for the consideration of that joint resolution. (C) Points of order; motions All points of order against the covered joint resolution and its consideration are waived. If the motion under subparagraph (B) is agreed to, the joint resolution shall remain the unfinished business of the House until disposed of, except as provided in paragraph (5). (D) No amendments A covered joint resolution shall not be subject to amendment in the House of Representatives. (E) Debate General debate on a covered joint resolution shall not exceed 4 hours, which shall be equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. (F) Final passage At the conclusion of debate, the previous question shall be considered as ordered on the resolution, and the House of Representatives shall vote on final passage without intervening motion. (4) Consideration in the Senate (A) Reporting and discharge If the committee of the Senate to which a covered joint resolution was referred has not reported the joint resolution within 2 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. (B) Proceeding to consideration Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the committee of the Senate to which a covered joint resolution was referred reports the joint resolution to the Senate or has been discharged from consideration of the joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. (C) No amendments An amendment to a covered joint resolution, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit a covered joint resolution, is not in order. (D) Consideration (i) Limitation on debate Consideration in the Senate of a covered joint resolution shall be limited to not more than 10 hours, which shall be equally divided between, and controlled by, the majority leader and the minority leader, or by their designees. (ii) Vote on adoption Whenever all the time for debate on a covered joint resolution has been used or yielded back, the vote on the adoption of the resolution shall occur without any intervening motion or amendment, except that a single quorum call at the conclusion of the debate if requested in accordance with the Rules of the Senate may occur immediately before such vote. (E) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a covered joint resolution shall be decided without debate. (F) Consideration of veto messages Debate in the Senate of any veto message with respect to a covered joint resolution, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (5) Rules relating to Senate and House of Representatives (A) Treatment of Senate joint resolution in House In the House of Representatives, the following procedures shall apply to a covered joint resolution received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action): (i) The joint resolution shall be referred to the appropriate committees. (ii) If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. (iii) Beginning on the third legislative day after the committee to which a joint resolution has been referred reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (iv) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 4 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (B) Treatment of House joint resolution in Senate (i) Receipt before passage If, before the passage by the Senate of a covered joint resolution, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply: (I) That joint resolution shall not be referred to a committee. (II) With respect to that joint resolution— (aa) the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but (bb) the vote on passage shall be on the joint resolution from the House of Representatives. (ii) Receipt after passage If, following passage of a covered joint resolution in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar. (iii) No companion measure If a covered joint resolution is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House joint resolution. (C) Application to revenue measures The provisions of this paragraph shall not apply in the House of Representatives to a covered joint resolution that is a revenue measure. (6) Rules of House of Representatives and Senate This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 7. Imposition of sanctions with respect to members of the Chinese Communist Party (a) Imposition of sanctions Not later than 3 days after a covered determination is made, the President shall— (1) impose the sanctions described in subsection (b) with respect to any foreign person the President determines is a member of the Chinese Communist Party, including any branch of the armed forces or intelligence agencies of the Chinese Communist Party; and (2) impose the sanctions described in subsection (c) with respect to— (A) any foreign person identified under paragraph (1); (B) any successor entity to that foreign person; and (C) any foreign person that is a parent or subsidiary of that foreign person. (b) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property (A) In general The President shall exercise all of the powers granted by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to block and prohibit all transactions in all property and interests in property of a foreign person described in subsection (a)(1) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of this section. (2) Inclusion on entity list The President shall include a foreign person described in subsection (a)(1) on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, for activities contrary to the national security or foreign policy interests of the United States. (3) Banking transactions The President shall, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of a foreign person described in subsection (a)(1). (c) Ineligibility for visas, admission, or parole (1) Visas, admission, or parole An alien described in subsection (a)(2) shall be— (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) 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 et seq. ). (2) Current visas revoked (A) In general The visa or other entry documentation of an alien described in subsection (a)(2) shall be revoked, regardless of when such visa or other entry documentation is or was issued. (B) Immediate effect A revocation under subparagraph (A) shall— (i) take effect immediately; and (ii) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (d) Exception for compliance with international obligations and law enforcement activities Sanctions under subsection (c) shall not apply with respect to an alien if— (1) admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist law enforcement activity in the United States; or (2) the alien holds a valid, unexpired A–1, A–2, C–2, G–1, or G–2 visa. 8. Imposition of sanctions with respect to financial institutions affiliated with the Chinese Communist Party (a) In general Not later than 3 days after a covered determination is made, the Secretary of the Treasury shall impose the sanctions described in subsection (c) with respect to a foreign financial institution described in subsection (b). (b) Foreign financial institutions described A foreign financial institution is described in this subsection if the Chinese Communist Party has a majority ownership interest in the financial institution or the financial institution is otherwise affiliated with the Chinese Communist Party, including the following financial institutions and their subsidiaries and successor entities: (1) The People’s Bank of China. (2) The Industrial and Commercial Bank of China. (3) The China Construction Bank. (4) The Bank of China. (5) The Bank of Communications. (6) The Agricultural Bank of China. (7) The China CITIC Bank. (c) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property (A) In general The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign financial institution subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of this section. (2) Restrictions on correspondent and payable-through accounts The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or payable-through account by a foreign financial institution subject to subsection (a). 9. Imposition of sanctions with respect to entities owned by or affiliated with the Chinese Communist Party (a) In general Not later than 3 days after a covered determination is made, the Secretary of the Treasury shall impose the sanctions described in subsection (b) with respect to any entity that— (1) the Chinese Communist Party has an ownership interest in; or (2) is otherwise affiliated with the Chinese Communist Party. (b) Blocking of property (1) In general The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of an entity in an industry subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of this section. 10. Prohibition on transfers of funds involving the People's Republic of China (a) In general Except as provided by subsection (b), a depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act ( 12 U.S.C. 461(b)(1)(A) )) or a broker or dealer in securities registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) may not process transfers of funds— (1) to or from the People's Republic of China; or (2) for the direct or indirect benefit of members of the Chinese Communist Party. (b) Exception A depository institution, broker, or dealer described in subsection (a) may process a transfer described in that subsection if the transfer— (1) arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction that is authorized by a specific or general license; and (2) does not involve debiting or crediting an Chinese account. 11. Prohibition on listing or trading of Chinese entities on United States securities exchanges (a) In general The Securities and Exchange Commission shall prohibit the securities of an issuer described in subsection (b) from being traded on a national securities exchange on and after the date that is 3 days after a covered determination is made. (b) Issuers An issuer described in this subsection is an issuer that is— (1) an official of or individual affiliated with the Chinese Communist Party; or (2) an entity that— (A) the Chinese Communist Party has an ownership interest in; or (B) is otherwise affiliated with the Chinese Communist Party. (c) Definitions In this section: (1) Issuer; security The terms issuer and security have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c ). (2) National securities exchange The term national securities exchange means an exchange registered as a national securities exchange in accordance with section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ). 12. Prohibition on investments by United States financial institutions that benefit the Chinese Communist Party (a) In general Not later than 3 days after a covered determination is made, the Secretary of the Treasury shall prohibit any United States financial institution from making any investments described in subsection (b). (b) Investments described An investment described in this subsection is a monetary investment— (1) to— (A) an entity owned or controlled by the Chinese Communist Party; or (B) the People’s Liberation Army; or (2) for the benefit of any priority industrial sector identified by the Chinese Communist Party in the Made in China 2025 plan or the 14th Five Year Smart Manufacturing Development Plan , including— (A) agriculture machinery; (B) information technology; (C) artificial intelligence, machine learning, and robotics; (D) green energy and green vehicles; (E) aerospace equipment; (F) ocean engineering and high tech ships; (G) railway equipment; (H) power equipment; (I) new materials; (J) medicine and medical devices; (K) fifth generation and future generation telecommunications and other advanced wireless networking technologies; (L) semiconductor manufacturing; (M) biotechnology; (N) quantum computing; (O) surveillance technologies, including facial recognition technologies and censorship software; (P) fiber optic cables; and (Q) mining and resource development. (c) United States financial institution defined In this section, the term United States financial institution — (1) means any financial institution that is a United States person; and (2) includes an investment company, private equity company, venture capital company, or hedge fund that is a United States person. 13. Prohibition on importation of certain goods made in the People’s Republic of China (a) In general Except as provided in subsection (b), on and after the date that is 3 days after a covered determination is made, all goods mined, produced, or manufactured wholly or in part in the People’s Republic of China, or by a person working for or affiliated with an entity or industry wholly financed by the Chinese Communist Party or in which the Chinese Communist Party has a majority ownership interest, shall not be entitled to entry at any of the ports of the United States and the importation of such goods is prohibited. (b) Exception The prohibition under subsection (a) shall not apply with respect to a good if the President— (1) determines that the good is necessary to the national security, economic security, or public health of the United States; and (2) submits to the appropriate congressional committees and make available to the public a report on that determination. 14. Exceptions; waiver (a) Exception for intelligence activities This Act shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (b) National security waiver The President may waive the imposition of sanctions under this Act with respect to a person if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver. 15. Implementation; penalties (a) 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 and 1704) to carry out this Act. (b) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any regulation, license, or order issued to carry out this Act 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 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. | https://www.govinfo.gov/content/pkg/BILLS-117s3526is/xml/BILLS-117s3526is.xml |
117-s-3527 | II 117th CONGRESS 2d Session S. 3527 IN THE SENATE OF THE UNITED STATES January 19 (legislative day, January 18), 2022 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to transfer the name of property of the Department of Veterans Affairs designated by law to other property of the Department.
1. Authority of Secretary of Veterans Affairs to transfer names of facilities, structures, or real property of Department of Veterans Affairs (a) In general Section 531 of title 38, United States Code, is amended— (1) in the section heading, by striking Requirement and inserting Requirements ; (2) in subsection (a), by striking Except as expressly provided by law and inserting the following: (a) Naming limitation Except as expressly provided by law or as authorized under subsection (b) ; and (3) by adding at the end the following new subsection (b): (b) Transfer of names (1) In general The Secretary may transfer the name of covered property of the Department to other covered property of the Department if— (A) the original covered property was designated with that name by law; and (B) the other covered property is located in a different location or at a different address from the original covered property within the town, city, or other local government area specified in the designation made by such law. (2) References If the Secretary transfers the name of covered property under paragraph (1), any reference in a law, regulation, map, document, paper, or other record of the United States to the covered property originally named by law shall be deemed to be a reference to the covered property to which the name has been transferred under such paragraph. (3) Covered property In this subsection, the term covered property means a facility, structure, or real property of the Department or a major portion (such as a wing or floor) of any such facility, structure, or real property. . (b) Clerical amendment The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 531 and inserting the following new item: 531. Requirements relating to naming of Department property. . | https://www.govinfo.gov/content/pkg/BILLS-117s3527is/xml/BILLS-117s3527is.xml |
117-s-3528 | II 117th CONGRESS 2d Session S. 3528 IN THE SENATE OF THE UNITED STATES January 20, 2022 Mr. Kelly (for himself and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Federal Election Campaign Act of 1971 to limit the authority of corporations to establish and operate separate segregated funds utilized for political purposes, including the establishment or operation of a political committee, to nonprofit corporations, and for other purposes.
1. Short title This Act may be cited as the Ban Corporate PACs Act . 2. Limiting authority of corporations to establish or operate separate segregated funds for political purposes to nonprofit corporations (a) Limitation (1) In general Section 316(b)(2)(C) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30118(b)(2)(C) ) is amended by striking a corporation and inserting a nonprofit corporation . (2) Definition Section 316(b) of such Act ( 52 U.S.C. 30118(b) ) is amended by adding at the end the following new paragraph: (8) For purposes of this section, the term nonprofit corporation means a corporation described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, other than a corporation which is ineligible to be exempt from taxation under section 501(a) of such Code if it establishes a separate segregated fund under this subsection. . (b) Permitting solicitation of contributions only from executive and administrative personnel Section 316(b) of such Act ( 52 U.S.C. 30118(b) ) is amended— (1) in paragraph (4)(A)(i), by striking its stockholders and their families and ; (2) in paragraph (4)(B)— (A) by striking a corporation the first place it appears and inserting a nonprofit corporation ; (B) by striking any stockholder, executive or administrative personnel, and inserting any executive or administrative personnel ; and (C) by striking stockholders, executive or administrative personnel, and inserting executive or administrative personnel ; (3) in paragraph (4)(D)— (A) by striking stockholders and ; (B) by striking such stockholders or personnel and inserting such personnel ; and (C) by striking such stockholders and personnel and inserting such personnel ; and (4) in paragraph (5), by striking stockholders and . (c) Treatment of government contractors Section 317(b) of such Act ( 52 U.S.C. 30119(b) ) is amended— (1) by striking any corporation and inserting any nonprofit corporation ; and (2) by striking a corporation and inserting a nonprofit corporation . 3. Effective date; transition for existing funds and committees (a) Effective date The amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Transition for existing funds and committees In the case of a separate segregate fund established and operating under section 316(b)(2)(C) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30118(b)(2)(C) ) as of the date of the enactment of this Act which is not a fund of a nonprofit corporation as defined in section 316(b)(8) of such Act (as added by section 2(a)(2)), the fund shall terminate and disburse its entire balance not later than 1 year after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3528is/xml/BILLS-117s3528is.xml |
117-s-3529 | II 117th CONGRESS 2d Session S. 3529 IN THE SENATE OF THE UNITED STATES January 20, 2022 Mr. Van Hollen (for himself, Mr. Scott of South Carolina , Mr. Warnock , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Investor Protection and Securities Reform Act of 2010 to provide grants to States for enhanced protection of senior investors and senior policyholders, and for other purposes.
1. Short title This Act may be cited as the Empowering States to Protect Seniors from Bad Actors Act . 2. Grants to eligible entities for enhanced protection of senior investors and senior policyholders (a) In general Section 989A of the Investor Protection and Securities Reform Act of 2010 ( 12 U.S.C. 5537 ) is amended to read as follows: 989A. Grants to eligible entities for enhanced protection of senior investors and senior policyholders (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) the securities commission (or any agency or office performing like functions) of any State; and (B) the insurance department (or any agency or office performing like functions) of any State. (2) Senior The term senior means any individual who has attained the age of 62 years or older. (3) Senior financial fraud The term senior financial fraud means a fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or a fiduciary, that— (A) uses the resources of a senior for monetary or personal benefit, profit, or gain; (B) results in depriving a senior of rightful access to or use of benefits, resources, belongings, or assets; or (C) is an action described in section 1348 of title 18, United States Code, that is taken against a senior. (4) Task force The term task force means the task force established under subsection (b)(1). (b) Grant program (1) Task force (A) In general The Commission shall establish a task force to carry out the grant program under paragraph (2). (B) Membership The task force shall consist of the following members: (i) A Chair of the task force, who— (I) shall be appointed by the Chairman of the Commission, in consultation with the Commissioners of the Commission; and (II) may be a representative of the Office of the Investor Advocate of the Commission, the Division of Enforcement of the Commission, or such other representative as the Commission determines appropriate. (ii) If the Chair is not a representative of the Office of the Investor Advocate of the Commission, a representative of such Office. (iii) If the Chair is not a representative of the Division of Enforcement of the Commission, a representative of such Division. (iv) Such other representatives as the Commission determines appropriate. (C) Detail of executive agency employees Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of that Federal agency to the Commission to assist it in carrying out its functions under this section. The detail of any such personnel shall be without interruption or loss of civil service status or privilege. (2) Grants The task force shall carry out a program under which the task force shall make grants, on a competitive basis, to eligible entities, which— (A) may use the grant funds— (i) to hire staff to identify, investigate, and prosecute (through civil, administrative, or criminal enforcement actions) cases involving senior financial fraud; (ii) to fund technology, equipment, and training for regulators, prosecutors, and law enforcement officers, in order to identify, investigate, and prosecute cases involving senior financial fraud; (iii) to provide educational materials and training to seniors to increase awareness and understanding of senior financial fraud; (iv) to develop comprehensive plans to combat senior financial fraud; and (v) to enhance provisions of State law to provide protection from senior financial fraud; and (B) may not use the grant funds for any indirect expense, such as rent, utilities, or any other general administrative cost that is not directly related to the purpose of the grant program. (3) Authority of task force In carrying out paragraph (2), the task force— (A) may consult with staff of the Commission; and (B) shall make public all actions of the task force relating to carrying out that paragraph. (c) Applications An eligible entity desiring a grant under this section shall submit an application to the task force, in such form and in such a manner as the task force may determine, that includes— (1) a proposal for activities to protect seniors from senior financial fraud that are proposed to be funded using a grant under this section, including— (A) an identification of the scope of the problem of senior financial fraud in the applicable State; (B) a description of how the proposed activities would— (i) protect seniors from senior financial fraud, including by proactively identifying victims of senior financial fraud; (ii) assist in the investigation and prosecution of those committing senior financial fraud; and (iii) discourage and reduce cases of senior financial fraud; and (C) a description of how the proposed activities would be coordinated with other State efforts; and (2) any other information that the task force determines appropriate. (d) Performance objectives; reporting requirements; audits (1) In general The task force— (A) may establish such performance objectives and reporting requirements for eligible entities receiving a grant under this section as the task force determines are necessary to carry out and assess the effectiveness of the program under this section; and (B) shall require each eligible entity that receives a grant under this section to submit to the task force a detailed accounting of the use of grant funds, which shall be submitted at such time, in such form, and containing such information as the task force may require. (2) Report Not later than 2 years, and again not later than 5 years, after the date of the enactment of the Empowering States to Protect Seniors from Bad Actors Act, the task force shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report that— (A) specifies each recipient of a grant under this section; (B) includes a description of the programs that are supported by each such grant; and (C) includes an evaluation by the task force of the effectiveness of such grants. (3) Audits The task force shall annually conduct an audit of the program under this section to ensure that eligible entities to which grants are made under that program are, for the year covered by the audit, using grant funds for the intended purposes of those funds. (e) Maximum amount The amount of a grant to an eligible entity under this section may not exceed $500,000, which the task force shall adjust annually to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (f) Subgrants An eligible entity that receives a grant under this section may, in consultation with the task force, make a subgrant, as the eligible entity determines is necessary or appropriate— (1) to carry out the activities described in subsection (b)(2)(A); and (2) which may not be used for any activity described in subsection (b)(2)(B). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2028. . (b) Conforming amendment The table of contents in section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking the item relating to section 989A and inserting the following: Sec.989A. Grants to eligible entities for enhanced protection of senior investors and senior policyholders. . | https://www.govinfo.gov/content/pkg/BILLS-117s3529is/xml/BILLS-117s3529is.xml |
117-s-3530 | II 117th CONGRESS 2d Session S. 3530 IN THE SENATE OF THE UNITED STATES January 20, 2022 Mr. Cotton (for himself and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To encourage the extraction and processing of rare earth metals in the United States, and for other purposes.
1. Short title This Act may be cited as the Restoring Essential Energy and Security Holdings Onshore for Rare Earths Act of 2022 or the REEShore Act of 2022 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Processed or refined The term processed or refined means any process by which raw rare earth metals are changed, mixed, or otherwise manipulated to render the metal usable for manufacturing everyday items, including computer chips or circuit boards. (3) Rare earth metals The term rare earth metals means beryllium, cerium, cobalt, dysprosium, erbium, europium, gadolinium, graphite, holmium, lanthanum, lithium, lutetium, manganese, neodymium, praseodymium, promethium, samarium, scandium, tantalum, terbium, thulium, tungsten, ytterbium, and yttrium. 3. Establishment of strategic rare earth metal and rare earth metal products reserve (a) Findings Congress finds that the storage of substantial quantities of rare earth metals and rare earth metal products will— (1) diminish the vulnerability of the United States to the effects of a severe supply chain interruption; and (2) provide limited protection from the short-term consequences of an interruption in supplies of rare earth metal products, particularly such products required for defense manufacturing and use. (b) Statement of policy It is the policy of the United States to provide for the establishment of a strategic rare earth metals and rare earth metal products reserve. (c) Report required (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Defense shall jointly submit the appropriate congressional committees a report describing— (A) the strategic requirements of the United States regarding stockpiles of rare earth metals and processed and refined rare earth metal products; and (B) the requirements for such metals and products to support the United States for one year in the event of a supply disruption. (2) Considerations In developing the report required by paragraph (1), the Secretary of the Interior and the Secretary of Defense shall take into consideration the needs of the Armed Forces of the United States, the defense industrial and technology sectors, and any places, organizations, physical infrastructure, or digital infrastructure designated as critical to the national security of the United States. (d) Implementation Not later than 3 years after submission of the report required by subsection (c), the Secretary of the Interior shall take such actions as are necessary to procure all types of rare earth metals and processed and refined rare earth metal products in appropriate quantities to support the strategic requirements described in the report. (e) Reassessment of requirements The Secretary of the Interior and the Secretary of Defense shall— (1) jointly reassess the strategic requirements described in paragraph (1) of subsection (c) and the considerations described in paragraph (2) of that subsection; and (2) not less frequently than annually, submit to the appropriate congressional committees a report on— (A) that reassessment; and (B) describing any activities relating to the establishment or use of a strategic rare earth metals and rare earth metal products reserve during the preceding year. 4. Disclosures concerning rare earth metals by contractors of Department of Defense (a) Requirement The Secretary of Defense shall require that any contractor that provides to the Department of Defense a system with a rare earth metal permanent magnet disclose, along with delivery of the system, the provenance of the magnet. (b) Elements A disclosure under subsection (a) shall include an identification of the country or countries in which— (1) the rare earth metals used in the magnet were mined; (2) the rare earth metals were refined into oxides; (3) the rare earth metals were made into metals and alloys; and (4) the magnet was sintered or bonded and magnetized. (c) Implementation of supply chain tracking system If a contractor cannot make the disclosure required by subsection (a) with respect to a magnet, the Secretary shall require the contractor to establish and implement a supply chain tracking system in order to make the disclosure not later than 180 days after providing the magnet to the Department of Defense. (d) Report required Not later than December 31, 2022, and annually thereafter, the Secretary of Defense, after consultation with the Secretary of Commerce and the Secretary of the Interior, shall submit to the appropriate congressional committees a report that includes— (1) a summary of the disclosures made under this section; (2) an assessment of the extent of reliance by the United States on foreign countries, and especially countries that are not allies of the United States, for rare earth metals; (3) a determination with respect to which systems are of the greatest concern for interruptions of rare earth metal supply chains; and (4) any suggestions for legislation or funding that would mitigate supply chain security gaps. 5. Restriction on use of Chinese-made rare earth metals in military technologies (a) In general The Secretary of Defense shall require that, for any contract entered into or renewed on or after December 31, 2026, for the procurement of a system the export of which is restricted or controlled under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), no rare earth metals processed or refined in the People’s Republic of China may be included in the system. (b) Waiver The Secretary may waive the restriction under subsection (a) upon a determination that— (1) rare earth metals of sufficient quantity and quality are not available at reasonable prices from sources outside of the People’s Republic of China; and (2) such a waiver is in the interests of national security. 6. Compliance with contracting requirements (a) In general Not later than September 30, 2022, and every 2 years thereafter, the Comptroller General of the United States shall audit the extent of compliance or noncompliance with the requirements of sections 4 and 5 of this Act, and section 2533c of title 10, United States Code, through a random sampling of contracts entered into by the Department of Defense during the 2-year period preceding the audit. (b) Report required Not later than 30 days after the completion of an audit under subsection (a), the Comptroller General shall submit to the appropriate congressional committees an assessment of— (1) the inclusion by the Department of Defense of necessary contracting clauses in relevant contracts; and (2) compliance by contractors of the Department with sections 4 and 5 of this Act and section 2533c of title 10, United States Code. (c) Referral The Comptroller General shall provide the Department of Justice with the resources and authorities needed for any enforcement actions against entities that have failed to comply with the requirements of section 4 or 5 of this Act or section 2533c of title 10, United States Code. 7. Investigation of unfair trade practices (a) In general Not later than 90 days after the date of the enactment of this Act, the United States Trade Representative, in coordination with the Secretary of Commerce, shall initiate an investigation under title III of the Trade Act of 1974 ( 19 U.S.C. 2411 et seq. ) to determine whether acts, policies, and practices of the Government of the People's Republic of China related to technology transfer, intellectual property, or innovation with respect to rare earth metal mining, separation, metallization, alloying, or magnet manufacturing, or related processes, are acts, policies, and practices described in subsection (a) or (b) of section 301 of that Act ( 19 U.S.C. 2411 ). (b) Report required (1) In general Not later than 180 days after initiating the investigation required by subsection (a), the Trade Representative shall submit to the appropriate congressional committees a report assessing the necessity of trade enforcement actions to deter the Government of the People's Republic of China from further interference in the rare earth metals market. (2) Elements The report required by paragraph (1) shall include— (A) a summary of actions taken by the Government of the People's Republic of China to disrupt supply chains for rare earth metals; (B) a summary of the world market for rare earth metals at each stage of the supply chain, including the ability of producers in the United States and countries that are allies of the United States to meet the national security and commercial needs of the United States; (C) determinations with respect to whether further action under title III of the Trade Act of 1974 ( 19 U.S.C. 2411 et seq. ), section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ), or any other provision of law is necessary to deter the Government of the People's Republic of China from further interference in the rare earth metals market; and (D) recommendations for such other authorities as the Secretary considers necessary to deter the Government of the People's Republic of China from further interference in the rare earth metals market. 8. Production in and uses of rare earth metals by United States allies (a) Policy It shall be the policy of the United States to encourage countries that are allies of the United States to eliminate their dependence on non-allied countries for rare earth metals to the maximum extent practicable. (b) Report required Not later than December 31, 2022, and annually thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report— (1) describing in detail the discussions of such Secretaries with countries that are allies of the United States concerning supply chain security for rare earth metals; (2) assessing the likelihood of those countries discontinuing the use of rare earth metals from the People’s Republic of China or other countries that such Secretaries deem to be of concern; and (3) assessing initiatives in other countries to increase rare earth metals production capabilities. 9. Effective date This Act takes effect on the date that is one day after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3530is/xml/BILLS-117s3530is.xml |
117-s-3531 | II 117th CONGRESS 2d Session S. 3531 IN THE SENATE OF THE UNITED STATES January 20, 2022 Mr. Coons (for himself, Ms. Murkowski , Ms. Collins , Ms. Rosen , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Federal Government to produce a national climate adaptation and resilience strategy, and for other purposes.
1. Short title This Act may be cited as the National Climate Adaptation and Resilience Strategy Act . 2. Definitions In this Act: (1) Adaptation The term adaptation means an adjustment in a natural or human system in response to a new or changing environmental condition, including such an adjustment associated with climate change, that exploits beneficial opportunities or moderates negative effects. (2) Adaptive capacity The term adaptive capacity means the ability of a system— (A) to adjust to climate vulnerabilities to moderate potential damage or harm; (B) to take advantage of new, and potentially beneficial, opportunities; or (C) to cope with change. (3) Cascading climate hazards The term cascading climate hazards means a series of successive environmental hazards triggered by an initial hazard that is driven or exacerbated by climate change, such that the impacts to vulnerable systems are amplified. (4) Chief resilience officer The term Chief Resilience Officer means the Chief Resilience Officer of the United States appointed by the President under section 3(a)(1). (5) Climate change The term climate change means changes in average atmospheric and oceanic conditions that persist over multiple decades or longer and are natural or anthropogenic in origin, including— (A) both increases and decreases in temperature; (B) shifts in precipitation; (C) shifts in ecoregion or biome geography and phenology, as applicable; (D) changing risk from certain types of rapid-onset climate hazards and slow-onset climate hazards; and (E) changes to other features of the climate system. (6) Climate information The term climate information means information, data, or products that enhance knowledge and understanding of climate science, risk, conditions, vulnerability, or impact, including— (A) climate data products; (B) historic or future climate projections or scenarios; (C) climate risk or vulnerability information; (D) data or information related to climate adaptation and mitigation; and (E) other best available climate science. (7) Compound climate hazards The term compound climate hazards means 2 or more environmental hazards driven or exacerbated by climate change that occur simultaneously or successively, such that the impacts to vulnerable systems are amplified. (8) Council The term Council means the Partners Council on Climate Adaptation and Resilience established by section 4(a). (9) Freely Associated State The term Freely Associated State means— (A) the Commonwealth of the Northern Mariana Islands; (B) the Federated States of Micronesia; (C) the Republic of the Marshall Islands; (D) the Republic of Palau; and (E) the United States Virgin Islands. (10) Frontline communities The term frontline communities means human communities that— (A) are highly vulnerable to climate change or exposed to climate risk; (B) experience the earliest, most adverse impacts of climate change; and (C) may have a reduced ability to adapt to climate change due to a lack of resources, political power, or adaptive capacity. (11) Implementation plan The term Implementation Plan means the Implementation Plan jointly developed by the Chief Resilience Officer and the Working Groups under section 6(b). (12) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (13) National climate assessment The term National Climate Assessment means the assessment delivered to Congress and the President pursuant to section 106 of the Global Change Research Act of 1990 ( 15 U.S.C. 2936 ). (14) Natural infrastructure The term natural infrastructure means infrastructure that— (A) uses, restores, or emulates natural ecological, geological, or physical processes; and (B) (i) is created through the action of natural physical, geological, biological, and chemical processes over time; (ii) is created by human design, engineering, and construction to emulate or act in concert with natural processes; or (iii) involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of natural areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, to manage erosion and saltwater intrusion, and for other related purposes. (15) Non-Federal partner The term non-Federal partner means a member of a unit of State, local, or territorial government, the government of an Indian Tribe, the government of a Freely Associated State, a private sector entity, or another individual or organization not affiliated with the Federal Government. (16) Operations report The term Operations Report means the National Climate Adaptation and Resilience Operations Report jointly developed by the Chief Resilience Officer and the Working Groups under section 5. (17) Rapid-onset climate hazard The term rapid-onset climate hazard means an abrupt environmental hazard driven or exacerbated by climate change that occurs quickly or unexpectedly and triggers impacts that materialize rapidly and interact with conditions of exposure and vulnerability to result in a disaster. (18) Represented agency The term represented agency means each Federal agency from which the Chief Resilience Officer appoints a member to a Working Group under section 3(b)(4)(B)(ii). (19) Resilience The term resilience means the capacity of a social, physical, economic, or environmental system to cope with an environmental hazard event, trend, or disturbance that is driven or exacerbated by climate change by responding or reorganizing in ways that maintain, to the greatest extent practicable, the essential function, identity, and structure of the system and ensure that, in the event of a rapid-onset climate hazard or a slow-onset climate hazard, basic human needs are met, while also maintaining the capacity for adaptation and transformation. (20) Risk (A) In general The term risk means the potential for consequences in a situation in which— (i) something of value is at stake; and (ii) the outcome is uncertain. (B) Inclusion The term risk includes the potential for consequences described in subparagraph (A) that is evaluated as the product obtained by multiplying— (i) the probability of a hazard occurring; by (ii) the consequence that would result if the hazard occurred. (21) Slow-onset climate hazard (A) In general The term slow-onset climate hazard means an environmental hazard driven or exacerbated by climate change that evolves gradually through time due to incremental change or because of an increasing frequency or intensity of recurring climate impacts. (B) Inclusions The term slow-onset climate hazard includes hazards such as— (i) sea level rise; (ii) desertification; (iii) biodiversity loss or the alteration of or shift in habitat range of individual species or entire biomes; (iv) increasing temperatures; (v) ocean acidification; (vi) saltwater intrusion; (vii) soil salinization; (viii) drought and water scarcity; (ix) reduced snow pack; (x) sea ice retreat; (xi) glacial ice treat; (xii) permafrost thaw; and (xiii) coastal and river bank erosion. (22) Strategy The term Strategy means the National Climate Adaptation and Resilience Strategy required to be developed jointly by the Chief Resilience Officer and the Working Groups under section 6(a). (23) Vulnerability The term vulnerability means the propensity or predisposition of a human individual or community or physical, biological, or socioeconomic system to be susceptible to and adversely affected by the impacts of climate change. (24) Working group The term Working Group means a National Climate Adaptation and Resilience Working Group established by the Chief Resilience Officer under section 3(b). 3. Chief resilience officer and National Climate Adaptation and Resilience Working Groups (a) Chief resilience officer (1) In general Not later than 120 days after the date of enactment of this Act, the President shall identify or appoint a Chief Resilience Officer of the United States to serve in the Executive Office of the President. (2) Duties The Chief Resilience Officer shall— (A) serve the President by directing a whole-of-government effort to build resilience to climate change vulnerabilities in the United States (as described in the National Climate Assessment or other relevant analyses identified by the Chief Resilience Officer) in collaboration with existing Federal initiatives and interagency adaptation efforts; and (B) establish Working Groups in accordance with subsection (b) to facilitate interagency coordination with respect to climate resilience and adaptation. (b) Working groups (1) Establishment (A) In general Subject to subparagraph (B), the Chief Resilience Officer shall establish the minimum number of National Climate Adaptation and Resilience Working Groups that is necessary to carry out the duties and purposes described in paragraph (3). (B) Limitation The Chief Resilience Officer shall not establish more than 5 Working Groups. (2) Focus Each Working Group shall focus on a topic or series of related topics with respect to climate adaptation and resilience, as determined by the Chief Resilience Officer. (3) Duties and purpose Each Working Group shall, under the leadership of the Chief Resilience Officer, with respect to the focus of the Working Group— (A) coordinate a whole-of-government plan to build resilience to the applicable climate change vulnerabilities described in the National Climate Assessment or other relevant analyses identified by the Chief Resilience Officer; and (B) assist in the development of the applicable portions of— (i) the Operations Report; (ii) the Strategy; and (iii) the Implementation Plan. (4) Structure (A) Chairperson (i) In general The Chief Resilience Officer shall serve as chairperson of each Working Group. (ii) Temporary chairperson The President or the Chief Resilience Officer may designate another staff member or member of a Working Group to act temporarily as the chairperson of that Working Group in the absence of the Chief Resilience Officer. (B) Membership In establishing a Working Group, the Chief Resilience Officer shall— (i) identify each Federal agency with operations or organizational units that are relevant to the focus of the Working Group; and (ii) appoint 1 member of each Federal agency identified under clause (i) to represent that Federal agency on the Working Group. (C) Requirement In appointing a member of a Working Group under subparagraph (B)(ii), the Chief Resilience Officer shall, to the maximum extent practicable, appoint the head of the portion of the represented agency that is most relevant to the focus of the Working Group. (D) Duties of members Each member of a Working Group— (i) shall attend meetings of the Working Group; and (ii) work to support the duties of the Working Group. (5) Meetings (A) In general Each Working Group shall meet not less frequently than once every 180 days. (B) Quorum 3/4 of the members of a Working Group shall constitute a quorum of the Working Group. (C) Remote participation A member of a Working Group may participate in a meeting of that Working Group through teleconference or similar means. (6) Support personnel (A) Executive Secretary (i) In general The Chief Resilience Officer shall appoint a permanent employee of a represented agency to serve as Executive Secretary of the Working Groups. (ii) Employment The employee appointed as Executive Secretary under clause (i) shall remain an employee of the agency, department, or program from which the employee was appointed. (B) Necessary assistance To carry out the purposes of each Working Group, as described in paragraph (3), each represented agency with a member on the Working Group shall furnish necessary assistance to that Working Group, such as— (i) the detail of employees to the Working Group to perform such functions, consistent with the purposes of the Working Group described in paragraph (3), as the Chief Resilience Officer may assign, including support staff for the Executive Secretary appointed under subparagraph (A)(i); and (ii) on request of the Chief Resilience Officer, undertaking special studies for the Working Group as may be appropriate to carry out the functions of the Working Group. 4. Partners Council on Climate Adaptation and Resilience (a) Establishment There is established a council, to be known as the Partners Council on Climate Adaptation and Resilience . (b) Mission and function The Council shall work to improve the climate adaptation and resilience operations of the Federal Government by providing recommendations through the Chief Resilience Officer, including those recommendations contained in the report required under subsection (c), that identify how the Federal Government can better support non-Federal partners with equitable resources, technical assistance, improved policies, and other assistance to help frontline communities build resilience to climate change. (c) Report Not later than 16 months after the date of enactment of this Act, and every 3 years thereafter, the Council, acting through the Chief Resilience Officer, shall submit to the President and the Working Groups a report that includes— (1) an analysis of the deficiencies or gaps in the climate resilience operations of the Federal Government that reduce or fail to increase the capacity of non-Federal partners to adapt to climate change; (2) an identification of the resources, including Federal funding, necessary for non-Federal partners to adequately adapt to climate change; and (3) recommendations with respect to how the Federal Government could better support efforts by non-Federal partners to expeditiously address vulnerabilities associated with climate change and build climate resilience. (d) Chair and Vice-Chair The Chief Resilience Officer shall serve as chairperson of the Council and shall appoint a vice-chairperson from among the members of the Council appointed pursuant to subsection (e). (e) Membership (1) In general In addition to the Chief Resilience Officer, the Council shall consist of 20 non-Federal partner members appointed by the Chief Resilience Officer. (2) Appointment (A) In general The Chief Resilience Officer shall appoint members of the Council who can support the Working Groups by articulating how the Federal Government can better support State, local, and territorial governments, the governments of Indian Tribes, the governments of Freely Associated States, nonprofit organizations, or private sector entities to build resilience to climate change. (B) Requirements In appointing members of the Council, the Chief Resilience Officer shall appoint— (i) 12 members who are employees of State, local, or territorial governments, the governments of Indian Tribes, or the governments of Freely Associated States, of which— (I) not fewer than 2 shall be employees of a State government; (II) not fewer than 2 shall be employees of a unit of local government; (III) not fewer than 2 shall be employees of the government of an Indian Tribe; and (IV) not fewer than 2 shall be employees of a territorial government or the government of a Freely Associated State; and (ii) 8 members who represent nongovernmental organizations and the private sector, of which— (I) 3 shall represent nongovernmental organizations; (II) 3 shall represent the private sector; and (III) 2 shall represent academic institutions. (C) Selection To the maximum extent practicable, the Chief Resilience Officer shall seek to select members of the Council who— (i) possess firsthand, lived experience of climate vulnerability in the United States, including direct experience working with, or as members of, frontline communities; and (ii) represent a diversity of— (I) perspectives; (II) demographics; (III) geographies; (IV) political affiliations; and (V) institution sizes, including representatives of both small and large units of government and businesses. (D) Term Members appointed to the Council shall serve a single term of not more than 3 years, except that— (i) of the initial members appointed to the Council, the Chief Resilience Officer shall appoint— (I) 1/2 of the members to serve for a term of 18 months; and (II) 1/2 of the members to serve a term of 3 years; and (ii) the Chief Resilience Officer may extend the term of any member of the Council by a period of not more than 1 year on a one-time basis, if the Chief Resilience Officer determines it necessary to support the work of the Council. (E) Vacancies (i) In general A vacancy in the Council shall be filled in the same manner in which the original selection was made. (ii) Appointment of new members After the expiration of the term for which a member of the Council is appointed, the member may continue to serve until a successor is appointed. (f) Meetings (1) In general The Council shall meet not less frequently than once every 180 days. (2) Quorum 3/4 of the members of the Council shall constitute a quorum of the Council. (3) Remote participation A member of the Council may participate in a meeting of the Council through teleconference or similar means. (g) Applicability of FACA Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. 5. National climate adaptation and resilience operations report Not later than 16 months after the date of enactment of this Act, and every 3 years thereafter, the Chief Resilience Officer and the Working Groups shall jointly submit to the President and Congress a National Climate Adaptation and Resilience Operations Report that includes— (1) a summary of the existing climate resilience operations of each represented agency that includes— (A) the roles and responsibilities of each represented agency in building national resilience to the climate vulnerabilities described in the National Climate Assessment or other analyses relevant to each represented agency; (B) the major findings and conclusions from climate adaptation plans or risk or vulnerability assessments prepared by each represented agency; (C) the mechanisms by which each represented agency supports the resilience efforts of non-Federal partners, such as by providing funding, resources, and technical assistance; and (D) an assessment of how each represented agency is working to ensure equitable adaptation outcomes; and (2) a cross-agency analysis of the resilience operations identified under paragraph (1) that— (A) identifies— (i) the challenges, barriers, or disincentives for the Federal Government to build resilience to climate change in the United States; (ii) the inconsistencies in goals, priorities, or strategies underlying climate resilience operations and policy across represented agencies that may inhibit effective interagency coordination to support national climate resilience, including— (I) the areas of necessary differences in those goals, priorities, or strategies; and (II) the justifications for those inconsistencies; (iii) areas of overlap or redundant use of resources between or among represented agencies, including recommendations to eliminate any unnecessary or unintentional redundancy; (iv) gaps or deficiencies in resilience operations and policy that need to be addressed in the context of the Strategy; (v) opportunities for greater collaboration between or among represented agencies to improve Federal Government resilience operations and policy; and (vi) opportunities for greater collaboration between the Federal Government and non-Federal partners to build local-level adaptive capacity and resilience; and (B) includes a review and summary of all available Federal funding from represented agencies that is specifically allocated for climate adaptation activities to be undertaken by non-Federal partners, including— (i) a summary of Federal funding available in appropriations accounts and subaccounts; (ii) disparities between the supply and demand for adaptation funding available to non-Federal partners; and (iii) existing mechanisms to ensure Federal funding allocations are being directed to frontline communities with the greatest level of vulnerability. 6. National Climate Adaptation and Resilience Strategy (a) Strategy (1) In general Not later than 2 years after the date of enactment of this Act, the Chief Resilience Officer and the Working Groups shall jointly submit to the President and Congress a National Climate Adaptation and Resilience Strategy. (2) Updates Not later than the date that is 3 years after the date on which the Chief Resilience Officer and the Working Groups jointly submit the Strategy to the President and Congress under paragraph (1), and every 3 years thereafter, the Chief Resilience Officer and the Working Groups shall jointly submit an updated version of the Strategy to the President and Congress to account for— (A) new science related to climate change, resilience, and adaptation; (B) relevant changes in Federal Government structure, congressional authorities, or appropriations; and (C) any other necessary improvements or changes identified by the Chief Resilience Officer. (3) Purpose and scope The Strategy shall describe strategies for the Federal Government, in partnership with non-Federal partners, to address the vulnerabilities of the United States to climate change described in the National Climate Assessment or other relevant analyses identified by the Chief Resilience Officer to ensure that— (A) the United States has an overarching strategic vision to respond to climate change that— (i) identifies national climate resilience goals and guides national climate adaptation efforts; (ii) facilitates the incorporation of the climate resilience goals identified under clause (i) into relevant national programs, operations, and strategies; (iii) develops proactive, long-term, scenario-based strategies to plan for and respond to current and future climate impacts to human communities, natural resources and public land, and infrastructure and other physical assets; (iv) emphasizes forward-thinking adaptation strategies that seek to overcome repeated climate impacts to vulnerable systems and communities; (v) prioritizes climate resilience efforts to support the most vulnerable human communities and the most urgent national resilience challenges, as determined by the Chief Resilience Officer in consultation with the Working Groups; (vi) avoids unnecessary redundancies and inefficiencies in the national planning for and response to climate change; and (vii) recognizes the vulnerability of natural systems to climate change and underscores the importance of promoting ecosystem resilience to preserve the intrinsic value of nature and support ecosystem services relied on by human beings; (B) Federal investments in Federal and non-Federal infrastructure and assets promote climate resilience to the maximum extent practicable; and (C) the adaptive capacity and resilience of State, local, and territorial governments, governments of Indian Tribes, and governments of Freely Associated States are maximized to the maximum extent practicable. (4) Council recommendations In developing the Strategy, the Chief Resilience Officer and Working Groups shall consider the recommendations of the Council. (5) Inclusions In addition to the overarching strategies developed in accordance with paragraph (3), the Strategy shall include the following: (A) Direct Federal Government response to climate change (i) Strategies to address the limitations, redundancies, and opportunities for improved resilience operations of the Federal Government that are identified in the Operations Report. (ii) Strategies to better prepare the United States for the adverse impacts experienced or anticipated to be experienced as a result of— (I) rapid-onset climate hazards; (II) slow-onset climate hazards; (III) compound climate hazards; and (IV) cascading climate hazards. (iii) 1 or more strategies to educate, engage, or develop the skills of the workforce of the represented agencies with respect to topics related to climate change vulnerability and resilience to promote effective Federal resilience operations. (iv) An identification of opportunities and appropriate circumstances for represented agencies to better utilize natural infrastructure as an adaptation strategy. (B) Support of non-Federal partners' response to climate change (i) 1 or more strategies for represented agencies to better collaborate and work directly with non-Federal partners to increase the resilience and adaptive capacity of State, local, and territorial governments, the governments of Indian Tribes, the governments of Freely Associated States, and other non-Federal partners. (ii) 1 or more strategies to educate non-Federal partners about the availability of Federal funding opportunities identified in the Operations Report under section 5(2)(B), including the development of a centralized, cross-agency portal that allows non-Federal partners to easily identify and apply for appropriate Federal funding opportunities for the specific resilience needs of those non-Federal partners. (iii) 1 or more strategies to clarify, simplify, and harmonize the planning requirements and application processes for State, local, and territorial governments, the governments of Indian Tribes, and the governments of Freely Associated States to access Federal funds for climate adaptation and resilience efforts across represented agencies. (iv) 1 or more strategies to identify under-resourced communities and communities with low adaptive capacity and resilience and to directly support those communities in applying for Federal funds for climate adaptation and resilience efforts. (v) 1 or more strategies to support the retreat or relocation of human communities in areas that are at increasing risk from climate change, in particular from slow-onset climate hazards, including strategies to better manage equitable property buyouts, managed retreat, or relocation options for communities in those areas. (C) Climate information (i) 1 or more strategies to increase the accessibility and utility of climate information that is produced, published, or hosted by the Federal Government, including strategies to better collaborate across the represented agencies and work with non-Federal partners— (I) to provide the high-quality, locally relevant climate information and, where practicable and useful, transparent and replicable downscaled climate projections that are necessary to support local-level adaptation efforts; (II) to establish improved methods of communicating climate risk and other relevant climate information; (III) to better educate non-Federal partners about the available resources for climate information; and (IV) to assist non-Federal partners in selecting and using appropriate climate information or related tools. (ii) Standardized procedures to synthesize, align, and update climate information produced, published, or hosted by the Federal Government to create arrays of standardized national, regional, and, where applicable, local climate information for adaptation planning. (iii) An assessment of the necessity and utility of developing or improving a centralized clearinghouse and dedicated Federal program for climate information to better provide climate information to end users. (iv) 1 or more strategies to develop the centralized clearinghouse or dedicated Federal program described in clause (iii), if such an effort is determined to be necessary by the Chief Resilience Officer. (D) Resilience metrics and indicators At the discretion of the Chief Resilience Officer, 1 or more strategies to develop or improve resilience metrics and indicators to assist the Federal Government and non-Federal partners— (i) to the maximum extent practicable, to consistently measure the resilience of human communities, natural systems, and physical assets to climate change; (ii) to set baselines and targets to measurably increase climate resilience over time; and (iii) to better monitor and assess the effectiveness of various resilience-building activities after implementation. (E) Funding climate adaptation (i) 1 or more strategies to help prioritize Federal funding expenditures for adaptation and resilience in consideration of the greatest vulnerabilities. (ii) 1 or more strategies to create financial incentives for adaptation and resilience efforts. (iii) A review of the cost-benefit analysis methodologies and discount rates used by represented agencies for all Federal investments, including a review of the implications of those methodologies and discount rates for climate adaptation and resilience. (iv) Recommendations to improve the methodologies described in clause (iii) to reflect— (I) the added value of resilience planning and construction methodologies over the lifetime of a project or unit of infrastructure; (II) the benefits of natural infrastructure investments; (III) the potential value of retreat and relocation as adaptation solutions; and (IV) to what extent existing cost-benefit analysis methodologies lead to inequitable outcomes or outcomes that increase climate vulnerability. (F) Social equity (i) Strategies to ensure that the costs, benefits, and risks resulting from climate resilience efforts, including funding allocations, the methodologies for determining funding allocations, and existing and future policies, are equitably distributed among sectors of society, types of communities, and geographies. (ii) Strategies to ensure that federally supported climate resilience efforts are— (I) designed in consultation with the communities that will be affected by those efforts; and (II) centered on the needs of those communities. (iii) To the greatest extent practicable, 1 or more strategies to integrate social equity considerations across all aspects of the Strategy. (b) Implementation Plan Concurrently with the Strategy and each update of the Strategy, the Chief Resilience Officer and the Working Groups shall jointly submit to the President and Congress an Implementation Plan that describes how represented agencies intend to carry out the Strategy, which shall include— (1) a description of the roles and responsibilities of each represented agency in carrying out each element of the Strategy described in subsection (a); (2) a plan to enter into such interagency agreements between and among represented agencies, partnerships with non-Federal entities, and other agreements for coordination between and among the Federal Government and non-Federal partners as may be necessary to facilitate a unified national plan to build resilience to climate change; and (3) the use of any relevant metrics and indicators described in subsection (a)(5)(D). (c) Assessment Not later than 2 years following the completion of each Strategy under subsection (a)(1) and each Implementation Plan, the Comptroller General of the United States shall submit to the President and Congress a report that assesses— (1) the extent to which the Strategy and Implementation Plan have been carried out by the Federal Government, which shall be judged, as appropriate, based on any metrics and indicators developed to track progress in increasing resilience under subsection (a)(5)(D); (2) the effectiveness of the actions taken under the Strategy and Implementation Plan and the resulting outcomes of those actions in building national resilience to climate change; and (3) the progress made towards the development of an effective whole-of-government effort to build resilience to the climate vulnerabilities described in the National Climate Assessment or other relevant analyses identified by the Chief Resilience Officer, including recommendations for additional steps necessary to reach this goal. (d) Public comment The Chief Resilience Officer shall— (1) publish draft and final versions of the Strategy and Implementation Plan, and each update to the Strategy and Implementation Plan; and (2) through publication in the Federal Register, solicit comments from the public on the draft versions of the documents published under paragraph (1) for a period of 60 days, which the Chief Resilience Officer and the Working Groups shall consider before submitting final versions of the Strategy and Implementation Plan, and updates to the Strategy and Implementation Plan, to the President and Congress. 7. General provisions (a) Sunset This Act ceases to be effective on the date that is the earlier of— (1) the date on which the Comptroller General of the United States submits to the President and Congress the third assessment report under section 6(c); and (2) the date that is the last day of fiscal year 2032. (b) Authorization of appropriations There is authorized to be appropriated to the Executive Office of the President to carry out this Act $2,000,000 for each of fiscal years 2022 through the fiscal year in which this Act ceases to be effective under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3531is/xml/BILLS-117s3531is.xml |
117-s-3532 | II 117th CONGRESS 2d Session S. 3532 IN THE SENATE OF THE UNITED STATES January 20, 2022 Mr. Cruz (for himself, Mr. Barrasso , Mr. Hagerty , Mr. Rubio , Mr. Marshall , Mr. Tillis , Mr. Inhofe , Mr. Sasse , and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the imposition of sanctions with respect to Ansarallah and its officials, agents, or affiliates for acts of international terrorism.
1. Imposition of sanctions with respect to Ansarallah (a) In general Not later than 30 days after the date of the enactment of this Act, the President shall— (1) designate Ansarallah as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); and (2) impose, with respect to Ansarallah and any foreign person the President determines is an official, agent, or affiliate of Ansarallah, the sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). (b) Determination required Not later than 30 days after the President makes the designation required by paragraph (1) of subsection (a) and imposes the sanctions required by paragraph (2) of that subsection, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a determination regarding whether the following foreign persons are officials, agents, or affiliates of Ansarallah: (1) Abdul Malik al-Houthi. (2) Abd al-Khaliq Badr al-Din al-Houthi. (3) Abdullah Yahya al-Hakim. (c) Ansarallah defined In this section, the term Ansarallah means the movement known as Ansarallah, the Houthi movement, or any other alias. | https://www.govinfo.gov/content/pkg/BILLS-117s3532is/xml/BILLS-117s3532is.xml |
117-s-3533 | II 117th CONGRESS 2d Session S. 3533 IN THE SENATE OF THE UNITED STATES January 20, 2022 Mr. Schatz (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to improve the National Volcano Early Warning and Monitoring System, and for other purposes.
1. Short title This Act may be cited as the Volcanic Ash and Fumes Act of 2022 . 2. Modifications to National Volcano Early Warning and Monitoring System (a) Definitions Subsection (a) of section 5001 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 43 U.S.C. 31k ) is amended— (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following: (2) Secretary of Commerce The term Secretary of Commerce means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere. ; and (3) by adding at the end the following: (4) Volcanic Ash Advisory Center The term Volcanic Ash Advisory Center means an entity designated by the International Civil Aviation Organization that is responsible for informing aviation interests about the presence of volcanic ash in the airspace. . (b) Purposes Subsection (b)(1)(B) of such section is amended— (1) in clause (i), by striking and at the end; (2) in clause (ii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (iii) to strengthen the warning and monitoring systems of volcano observatories in the United States by integrating relevant capacities of the National Oceanic and Atmospheric Administration, including with the Volcanic Ash Advisory Centers located in Anchorage, Alaska, and Washington, DC, to observe and model emissions of gases, aerosols, and ash, atmospheric dynamics and chemistry, and ocean chemistry resulting from volcanic eruptions. . (c) System components Subsection (b)(2) of such section is amended— (1) in subparagraph (B)— (A) by striking and before spectrometry ; and (B) by inserting , and unoccupied aerial vehicles after emissions ; and (2) by adding at the end the following: (C) Memorandum of understanding The Secretary and the Secretary of Commerce shall develop and execute a memorandum of understanding to establish cooperative support for the activities of the System from the National Oceanic and Atmospheric Administration, including environmental observations, modeling, and temporary duty assignments of personnel to support emergency activities, as necessary or appropriate. . (d) Management Subsection (b)(3) of such section is amended— (1) in subparagraph (A), by adding at the end the following: (iii) Update (I) National Oceanic and Atmospheric Administration cost estimates The Secretary of Commerce shall submit to the Secretary annual cost estimates for modernization activities and support of the System for the National Oceanic and Atmospheric Administration. (II) Update of management plan The Secretary shall update the management plan submitted under clause (i) to include the cost estimates submitted under subclause (I). ; and (2) by adding at the end the following: (E) Collaboration The Secretary of Commerce shall collaborate with the Secretary to implement activities carried out under this section related to the expertise of the National Oceanic and Atmospheric Administration, including observations and modeling of emissions of gases, aerosols, and ash, atmospheric dynamics and chemistry, and ocean chemistry resulting from volcanic eruptions. . (e) Funding Subsection (c) of such section is amended— (1) in paragraph (1)— (A) in the paragraph heading, by inserting , United States Geological Survey after appropriations ; and (B) by inserting to the United States Geological Survey after appropriated ; (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following: (2) Authorization of appropriations, National Oceanic and Atmospheric Administration There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this section such sums as may be necessary for the period of fiscal years 2022 through 2023. ; and (4) in paragraph (3), as redesignated by paragraph (2)— (A) by striking United States Geological Survey ; and (B) by inserting of the United States Geological Survey and the National Oceanic and Atmospheric Administration after programs . | https://www.govinfo.gov/content/pkg/BILLS-117s3533is/xml/BILLS-117s3533is.xml |
117-s-3534 | II 117th CONGRESS 2d Session S. 3534 IN THE SENATE OF THE UNITED STATES January 31, 2022 Ms. Baldwin (for herself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To strengthen and expand activities related to genomic sequencing of pathogens, and for other purposes.
1. Short title This Act may be cited as the Tracking Pathogens Act . 2. Genomic sequencing (a) Guidance supporting genomic sequencing of pathogens collaboration The Secretary of Health and Human Services (referred to in this section as the Secretary ), acting through the Director of the Centers for Disease Control and Prevention and in consultation with the heads of other agencies and departments, as appropriate, shall issue guidance to support collaboration relating to genomic sequencing of pathogens, including the use of new and innovative approaches and technology for the detection, characterization, and sequencing of pathogens, to improve public health surveillance and preparedness and response activities, consistent with section 2824 of the Public Health Service Act, as added by subsection (b). Such guidance shall address the sharing, for public health surveillance purposes, of specimens of such pathogens, between appropriate entities and public health authorities pursuant to the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), in a manner that protects personal privacy to the extent required by applicable Federal and State privacy law, at a minimum, and the appropriate use of sequence data derived from such specimens. (b) Genomic sequencing program Title XXVIII of the Public Health Service Act ( 42 U.S.C. 300hh et seq. ) is amended by adding at the end the following: 2824. Genomic sequencing, analytics, and public health surveillance of pathogens program (a) Genomic sequencing, analytics, and public health surveillance of pathogens program The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Director of the National Institutes of Health and heads of other departments and agencies, as appropriate, shall strengthen and expand activities related to genomic sequencing of pathogens, including new and innovative approaches and technology for the detection, characterization, and sequencing of pathogens, analytics, and public health surveillance, including— (1) continuing and expanding activities, which may include existing genomic sequencing activities related to advanced molecular detection, to— (A) identify and respond to emerging infectious disease threats; and (B) identify the potential use of genomic sequencing technologies, advanced computing, and other advanced technology, including strategies for environmental sampling, to inform surveillance activities and incorporate the use of such technologies, as appropriate, into related activities; (2) providing technical assistance and guidance to State, Tribal, local, and territorial public health departments to increase the capacity of such departments to perform genomic sequencing of pathogens, including recipients of funding under section 2821; (3) carrying out activities to enhance the capabilities of the public health workforce with respect to pathogen genomics, epidemiology, and bioinformatics, including through training; and (4) continuing and expanding activities, as applicable, with public and private entities, including relevant departments and agencies, laboratories, academic institutions, and industry. (b) Partnerships For the purposes of carrying out the activities described in subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants, contracts, or cooperative agreements to academic and other laboratories with expertise in genomic sequencing for public health purposes, including new and innovative approaches to, and related technology for, the detection, characterization, and sequencing of pathogens. (c) Centers of excellence (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, as appropriate, award grants, contracts, or cooperative agreements to public health agencies or public health agency partnerships for the establishment or operation of centers of excellence to promote innovation in pathogen genomics and molecular epidemiology to improve the control of and response to pathogens that may cause a public health emergency. Such centers shall, as appropriate— (A) identify and evaluate the use of genomics, or other related technologies that may advance public health preparedness and response; (B) improve the identification, development, and use of tools for integrating and analyzing genomic and epidemiologic data; (C) assist with genomic surveillance of, and response to, infectious diseases, including analysis of pathogen genomic data; (D) conduct applied research to improve public health surveillance of, and response to, infectious diseases through innovation in pathogen genomics and molecular epidemiology; (E) develop and provide training materials for experts in the fields of genomics, microbiology, bioinformatics, epidemiology, and other fields, as appropriate; and (F) conduct workforce development through advanced training in academic laboratories. (2) Requirements To be eligible for an award under paragraph (1), an entity shall submit to the Secretary an application containing such information as the Secretary may require, including a description of how the entity will partner, as applicable, with academic institutions or a consortium of academic partners that have relevant expertise, such as microbial genomics, molecular epidemiology, or the application of bioinformatics or statistics. (d) Authorization For purposes of carrying out this section, there are authorized to be appropriated $175,000,000 for each of fiscal years 2023 through 2027. . | https://www.govinfo.gov/content/pkg/BILLS-117s3534is/xml/BILLS-117s3534is.xml |
117-s-3535 | II 117th CONGRESS 2d Session S. 3535 IN THE SENATE OF THE UNITED STATES January 31, 2022 Mr. Markey (for himself, Mrs. Gillibrand , Ms. Warren , Mr. Blumenthal , Mr. Booker , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes.
1. Short title This Act may be cited as the Heating and Cooling Relief Act . 2. Findings Congress finds that: (1) Energy remains unaffordable for low-income households. Nationally, low-income households spend a larger portion of their income on home energy costs than other households. The average low-income household’s energy burden is 3 times that of other households. The report for the Household Pulse Survey of the Bureau of the Census, issued on December 22, 2021, noted that, for families with incomes of less than $35,000 a year, about 51 percent said that they reduced or went without basic household necessities, such as medicine or food, in order to pay an energy bill, for at least one month in the last year. (2) The Low-Income Housing Energy Assistance Program was authorized by Congress to reduce home energy burdens with heating and cooling assistance. In 2019, only 16 percent of income-eligible households received a subsidy under the program. (3) Climate change is fueling increasingly intense winter storms and extreme temperatures. (4) Heat waves are increasingly common as climate change accelerates, and now occur more often in major cities across the United States. The average heat wave season across 50 cities is approximately 47 days longer now than it was in the 1960s. As a result, the Federal Government should provide further cooling assistance for communities in need. (5) The loss of home energy service due to high energy burdens is one of the primary reasons for homelessness, especially for families with children. In some housing contexts, loss of home energy service is a grounds for eviction. (6) The Federal Government should expand and update the Low-Income Home Energy Assistance Program, as part of a robust Federal social safety net, to— (A) protect families against unaffordable home energy bills and home energy shutoffs, by providing sufficient funding and imposing regulations where necessary; (B) ensure all low- and moderate-income families have access to affordable home cooling powered by renewable energy, which will enable households to adapt to rising temperatures due to climate change and promote climate resiliency; (C) enhance outreach— (i) by including nontraditional partners, including home energy suppliers, local educational agencies, and entities carrying out other programs for low-income people, to assist with signups; and (ii) by adding stronger provisions for presumed eligibility and waiving documentation requirements for eligibility; and (D) further Federal efforts to weatherize housing for low- and moderate-income households, to help families struggling to pay their home energy bills and to meet national clean energy goals. 3. Funding Section 2602 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 ) is amended— (1) in subsection (b)— (A) by striking section 2607A) and inserting section 2604(f), 2607A, 2607B, or 2607C) ; and (B) by striking $2,000,000,000 and all that follows and inserting $400,000,000,000 for the period of fiscal years 2022 through 2031. ; (2) in subsection (e), by inserting , or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A) before the period at the end; and (3) by adding at the end the following: (f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2022 through 2031. (g) There is authorized to be appropriated to carry out section 2607C, including making grants under that section, $1,000,000,000 for each of fiscal years 2022 through 2031. . 4. Definitions Section 2603 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8622 ) is amended— (1) by redesignating paragraphs (4) through (6), (7) through (10), and (11), as paragraphs (5) through (7), (9) through (12), and (14), respectively; (2) by inserting after paragraph (3) the following: (4) The term HEAP coordinator means an employee— (A) who administers a program funded under section 2602(b); and (B) whose salary is paid, partly or wholly, with funds made available under that section. ; (3) by inserting after paragraph (7), as so redesignated, the following: (8) The term local coordinating agency means any local organization or local office that receives funds under section 2602(b) to perform customer intake, or approval of benefits, on behalf of the State agency. ; and (4) by inserting after paragraph (12), as so redesignated, the following: (13) The term State agency means any State agency that administers the program funded under section 2602(b). . 5. Emergencies Section 2604(e) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8623(e) ) is amended— (1) by striking (e) and inserting (e)(1) ; and (2) by adding at the end the following: (2) (A) In this paragraph: (i) The term covered household means an eligible household in an area where the President, or the Secretary, as the case may be, has declared a major disaster or emergency. (ii) The term major disaster or emergency means— (I) a major disaster or emergency declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191); or (II) a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). (B) Upon a declaration described in subparagraph (A) for an area, the Secretary and the Administrator of the Federal Emergency Management Agency shall, to the extent practicable, provide heating or cooling assistance to covered households in that area. (C) In particular, in the event of a major disaster or other emergency due to a period of extreme heat (as described in section 2604(f)(1)) or cold in an area, the Secretary and the Administrator shall, to the extent practicable, provide cooling or heating assistance to covered households in that area. . 6. Additional cooling assistance for heat waves Section 2604 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8623 ) is amended by adding at the end the following: (f) (1) In this subsection: (A) The term additional cooling assistance means cooling assistance provided under this subsection. (B) The term extreme heat means heat that exceeds local climatological norms in terms of any 1 or more of the following: (i) Duration. (ii) Intensity. (iii) Season length. (iv) Frequency. (C) The term heat means any 1 or more of the parameters associated with increasing human temperature, such as air temperature, humidity, solar exposure, and low wind speed. (D) The term heat event means an occurrence of extreme heat that may have heat-health implications. (E) The term heat-health means health effects to humans from heat, during or outside of heat events, including from vulnerability and exposure, or the risk of such effects. (2) From funds made available under section 2602(f), the Secretary may provide grants to eligible entities, which shall be States, territories, or Indian Tribes, for additional cooling assistance for heat events. (3) The Secretary shall determine an allocation plan for providing eligible entities with funding through the grants to help eligible households respond to heat events. (4) To receive assistance under this subsection, an eligible entity shall provide assurances to the Secretary that— (A) the eligible entity will not preclude a household that receives heating assistance under this title during a calendar year, on the basis of obtaining that assistance, from receiving cooling assistance under this title during that year; and (B) the eligible entity will not require a household to indicate that a household member has a medical need for cooling assistance under this title, to be eligible for that assistance. (5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households. . 7. Eligible households Section 2605 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624 ) is amended— (1) in subsection (b)(2)— (A) in the matter preceding subparagraph (A), by inserting , subject to subsection (c)(1)(A), after only ; (B) in subparagraph (B), by striking (B) and all that follows through clause (ii) and inserting the following: (B) households with— (i) incomes which do not exceed the greater of— (I) an amount equal to 250 percent of the poverty line that is defined and revised as described in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 ); or (II) an amount equal to 80 percent of the State median income; or (ii) a monthly energy burden of 3 percent or more, as averaged across the calendar year preceding the determination under this paragraph, ; and (C) in the matter following subparagraph (B), by inserting before the semicolon the following: , and the State may not exclude a household from eligibility on the basis of citizenship of 1 or more of the household members ; (2) in subsection (c)(1)(A), by striking assistance to be provided under this title, including criteria and inserting “assistance to be provided under this title, including— (i) certifying that the State and local coordinating agencies in the State— (I) will allow applicants for the assistance, to the greatest extent possible, to self-attest that the applicants meet the criteria in this title for an eligible household; and (II) will not require the applicants to submit proof of income, citizenship, or need, to establish status as an eligible household; and (ii) describing criteria ; (3) in subsection (f), by adding at the end the following: (3) For purposes of section 401(c), and the remainder of title IV, of the Personal Responsibility and Work Opportunity Reconciliation of 1996 ( 8 U.S.C. 1611(a) , 1601 et seq.) assistance under this title should not be considered to be a Federal public benefit. ; and (4) in subsection (j), by striking the State may apply and inserting the State may, subject to subsection (c)(1)(A)(i), apply . 8. Conditions for funding Section 2605 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624 ) is amended— (1) in subsection (b)— (A) in paragraph (1)(C), by inserting before the semicolon the following: , using toxin-free materials that do not contain asthmagens or respiratory sensitizers, giving priority in the use of those funds, to the greatest extent practicable, to supporting emergency home repairs that foster energy efficiency, decarbonization, and climate resilience, including through beneficial electrification of heating and cooling ; (B) in paragraph (7)— (i) in subparagraph (C), by striking and at the end; and (ii) by adding at the end the following: (E) ensure that— (i) the home energy supplier will not charge late fees for any payment, by a household receiving assistance through the program funded under section 2602(b), during the period beginning 6 months before and ending 6 months after a date on which the supplier receives funds through the program for the household; and (ii) if the supplier receives funds through the program for such a household and charged such late fees during that period, the supplier shall refund the fees to the household not later than 7 days after the date the supplier receives the funds; (F) ensure that the home energy supplier will not shut off home energy from a household that received assistance through the program funded under section 2602(b), within the 1-year period beginning on the date the household received the assistance; (G) ensure that the home energy supplier, in return for receiving assistance through the program funded under section 2602(b)— (i) will provide to the State data on households that have not paid their home energy bills, to enable the State and the supplier to carry out coordinated outreach concerning assistance available through the program funded under section 2602(b); and (ii) will, when sending a notice of late payments to such households, include information on such assistance, on how to access such assistance through the HEAP program, and on eligibility criteria for the program; and (H) ensure that the home energy supplier will, not later than 2 years after the date of enactment of the Heating and Cooling Relief Act, in return for receiving assistance under the program funded under section 2602(b) and through a partnership with the State, offer percentage of income payment plans; ; and (C) in paragraph (9)— (i) in subparagraph (A)— (I) by striking 10 percent and inserting 15 percent ; and (II) by striking and at the end; and (ii) by adding at the end the following: (C) in planning and administering that program, the State shall use the portion of the amount described in subparagraph (A), that exceeds 10 percent of the funds described in subparagraph (A), to expand the State program funded under section 2602(b) so that the State operates the program on a year-round basis; and (D) in planning and administering that program, the State— (i) shall make technological changes to allow, not later than 5 years after the date of enactment of the Heating and Cooling Relief Act, for online submission of applications for assistance through that program; and (ii) shall, to the extent practicable— (I) conduct outreach activities, including activities to increase enrollment as described in subsection (m); (II) ensure that all HEAP coordinators in the State receive wages, for administration funded under section 2602(b), at not less than the greater of $15 per hour or the applicable Federal, State, or local minimum wage rate; (III) conduct training; (IV) as needed, conduct outreach relating to the program funded under section 2602(b) to rural electric cooperatives, home energy suppliers owned by a political subdivision of a State, such as a municipally owned electric utility, and home energy suppliers owned by any agency, authority, corporation, or instrumentality of a political subdivision of a State; and (V) explore opportunities for auto-enrollment of eligible households into the program funded under section 2602(b), and in the process document any potential barriers to auto-enrollment that need to be clarified or otherwise addressed at the Federal level; ; (2) in subsection (c)(1)— (A) in subparagraph (G), by striking and at the end; (B) by redesignating subparagraph (H) as subparagraph (I); and (C) by inserting after subparagraph (G) the following: (H) describes how the State will expand the State program funded under section 2602(b) so that the State operates the program on a year-round basis in accordance with subsection (b)(9)(C) and the measures the State has taken so far to carry out this expansion; and ; and (3) by adding at the end the following: (m) The Secretary shall allow, to the greatest extent possible, the self-attestation, and shall not require the proof, described in subsection (c)(1)(A)(i). (n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. (o) The Secretary shall provide technical assistance to States to support partnerships described in subsection (b)(7)(H). (p) (1) The Secretary, in consultation with the Secretary of Education, shall issue guidance for use of funds for administrative activities described in subsection (b)(9) to increase, through partnerships with elementary schools, secondary schools, and local educational agencies, enrollment in the program carried out with funds made available under section 2602(b) among eligible households that include children and that have high energy burdens. (2) The Secretary shall issue guidance for use by States on outreach relating to assistance through the program funded under section 2602(b) to high-risk individuals, with relevant medical conditions, that benefit from the use of medical equipment that requires electricity, including a ventilator, an oxygen concentrator, or another medical device. . 9. Weatherization Section 2605(k) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(k) ) is amended— (1) in paragraph (1), by striking 15 percent and inserting 25 percent ; and (2) in paragraph (2)— (A) in subparagraph (A), in the matter preceding clause (i)— (i) by striking subparagraph (B) and inserting subparagraph (C) ; and (ii) by striking the greater of 25 percent and inserting a portion equal to the greater of 35 percent ; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: (B) The State— (i) shall, to the extent practicable— (I) use the portion described in subparagraph (A) for energy-related home repair that reduces dependence on fossil fuel energy sources; and (II) use the portion to facilitate the use of funds made available under section 2602(b) to increase the participation of eligible households in community solar programs, or to otherwise increase access to and ownership of distributed renewable energy infrastructure among eligible households; and (ii) shall if possible give the highest priority to using the portion for home repair that replaces appliances that rely on fossil fuels with appliances that use electric heating or cooling technology, powered by renewable energy. . 10. Home energy arrears Section 2605 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624 ), as amended by section 8, is further amended by adding at the end the following: (q) (1) In providing assistance through the program funded under section 2602(b), a State, or any other person with which the State makes arrangements to carry out the objectives of this title, shall provide assistance (in addition to any other assistance available) for home energy arrears for any eligible household. (2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. (3) To the extent practicable, the Secretary and the Secretary of Energy, shall jointly— (A) implement a data tracking system to collect aggregate data regarding the number of eligible households in arrears and their respective energy burdens and develop recommendations to HEAP coordinators on how to minimize energy burdens for the households; and (B) issue guidance to home energy suppliers with recommendations for working with State agencies to address home energy arrears of eligible households. . 11. Program name change (a) LIHEAP The Low-Income Home Energy Assistance Act of 1981 is amended— (1) in section 2607A(b) ( 42 U.S.C. 8626a(b) ), by striking low-income the first place it appears; and (2) in section 2607B(e)(2)(B)(ii) ( 42 U.S.C. 8626b(e)(2)(B)(ii) ), by striking Low-Income . (b) Other law A reference in any other Federal law (other than that Act), Executive order, rule, regulation, or delegation of authority, or any document, of or relating to the Low-Income Home Energy Assistance Program, shall be deemed to refer to the Home Energy Assistance Program. 12. Just transition grants The Low-Income Home Energy Assistance Act of 1981 is amended by inserting after section 2607B ( 42 U.S.C. 8626b ) the following: 2607C. HEAP just transition grants (a) Grant program The Secretary and the Secretary of Energy shall jointly carry out a grant program under this section. In carrying out the program, the Secretaries shall make grants to States and local governments to support the development and implementation of interagency plans to reduce energy burdens for eligible households with high home energy use. The plans shall promote the reduction of those burdens in a manner that supports a just transition away from fossil fuel energy and protects eligible households from the threats of climate change. The Secretaries shall make the grants for a period of 3 years. (b) Preferences In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems— (1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; and (2) prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use. (c) Report to congress At the conclusion of the 3-year grant period, the Secretaries shall— (1) conduct an evaluation of the program’s outcomes; and (2) prepare and submit to Congress a report containing the results of the evaluation and policy recommendations. . | https://www.govinfo.gov/content/pkg/BILLS-117s3535is/xml/BILLS-117s3535is.xml |
117-s-3536 | II 117th CONGRESS 2d Session S. 3536 IN THE SENATE OF THE UNITED STATES January 31, 2022 Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at airport security checkpoints, and for other purposes.
1. Short title This Act may be cited as the Crime Doesn’t Fly Act of 2022 . 2. Prohibition of use of U.S. Immigration and Customs Enforcement arrest warrants as identification at airport security checkpoints (a) In general Except as provided in subsection (b), the Administrator of the Transportation Security Administration may not accept a prohibited document as valid proof of identification at an airport security checkpoint. (b) Exception Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )). (c) Prohibited document defined In this section, the term prohibited document means any of the following: (1) U.S. Immigration and Customs Enforcement Form I–200, Warrant for Arrest of Alien (or any successor form). (2) U.S. Immigration and Customs Enforcement Form I–205, Warrant of Removal/Deportation (or any successor form). | https://www.govinfo.gov/content/pkg/BILLS-117s3536is/xml/BILLS-117s3536is.xml |
117-s-3537 | II 117th CONGRESS 2d Session S. 3537 IN THE SENATE OF THE UNITED STATES January 31, 2022 Mr. Daines (for himself, Mr. Cramer , Mr. Sasse , Mr. Boozman , Mr. Scott of South Carolina , Mrs. Hyde-Smith , Mr. Lankford , Mr. Lee , Mr. Romney , Mr. Hawley , Mrs. Fischer , Mr. Rubio , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a child tax credit for pregnant moms with respect to their unborn children, and for other purposes.
1. Short title This Act may be cited as the Child Tax Credit for Pregnant Moms Act of 2022 . 2. Child tax credit allowed with respect to unborn children (a) In general Section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (l) Credit allowed with respect to unborn children For purposes of this section— (1) In general The term qualifying child includes an unborn child of an eligible taxpayer, and the requirements of subsections (e)(1) and (h)(7) shall be treated as met with respect to such child, for— (A) the taxable year immediately preceding the year in which such child is born alive, if the taxpayer includes on the return of tax for such taxable year a social security number for such child which is issued before the due date for such return of tax (without regard to extensions), or (B) the taxable year in which such child is miscarried or stillborn, if the taxpayer includes on the return of tax for the taxable year the identification number from a certificate of miscarriage or stillbirth issued for such child under section 229A(b) of the Public Health Service Act. (2) Retroactive or double credit allowed in certain cases to ensure equal access to the credit for unborn children (A) In general In the case of a qualifying child of an eligible taxpayer who is born alive and with respect to whom the credit under this section is not claimed under paragraph (1)(A) for the taxable year described in such paragraph, for the taxable year in which the child is born alive, with respect to such child— (i) the amount of the credit allowed (before the application of this subsection) under subsection (a), and (ii) the amount of the credit allowed (before the application of this subsection) under subsection (d)(1), shall each be increased by the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the taxpayer for such preceding year. (B) Special rule for splitting of credit In the case of a child otherwise described in subparagraph (A) who, but for this subparagraph, would not be treated as a qualifying child of the eligible taxpayer for the taxable year in which such child is born alive— (i) subparagraph (A) shall not apply with respect to such child, (ii) such child shall be treated as a qualifying child for purposes of this section for such taxable year of— (I) the eligible taxpayer, and (II) any other taxpayer with respect to whom such child would, without regard to this subparagraph, be treated as a qualifying child, and (iii) in the case of the eligible taxpayer, the amount of the credit allowed under subsection (a) and the amount of the credit allowed under subsection (d)(1) for such taxable year shall each be equal to the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the eligible taxpayer for such preceding year. (3) Definitions For purposes of this subsection— (A) Born alive The term born alive has the meaning given such term by section 8(b) of title 1, United States Code. (B) Eligible taxpayer The term eligible taxpayer means a taxpayer who— (i) with respect to a child, is the mother who— (I) carries or carried such child in the womb, and (II) is the biological mother of such child or initiated the pregnancy with the intention of bearing and retaining custody of and parental rights to such child (or acted to such effect), or (ii) in the case of a joint return, is the husband of such mother, but only if such taxpayer includes on the return of tax for the taxable year the social security number of such taxpayer (of at least 1 of such mother or husband, in the case of a joint return). (C) Social security number The term social security number has the meaning given such term by subsection (h)(7). (D) Unborn child The term unborn child means an individual of the species homo sapiens, from the beginning of the biological development of that individual, including fertilization, until the point of the earlier of being born alive or death. . (b) Conforming amendment Subsection (a) of section 24 of the Internal Revenue Code of 1986 is amended by striking for which the taxpayer is allowed a deduction under section 151 . (c) Application The amendments made by this section shall apply to children born alive, stillborn, or miscarried in taxable years beginning after the date of the enactment of this Act. 3. Miscarriage or stillbirth certificates Part A of title II of the Public Health Service Act ( 42 U.S.C. 202 et seq. ) is amended by adding at the end the following: 229A. Miscarriage or stillbirth certificates (a) Form certifying miscarriage or stillbirth Upon the request of a parent of an unborn child who dies pursuant to a miscarriage or stillbirth desiring a certificate described in subsection (b), a qualifying health care practitioner who attends or diagnoses such miscarriage or stillbirth may submit to the Secretary, acting through the Director for the National Center for Health Statistics (referred to in this section as the Director ), a form certifying the miscarriage or stillbirth that includes— (1) the name of the unborn child (if provided by the requesting parent); (2) the sex of the child (if known); (3) the probable gestational age of the child; (4) identifying information of the parents of the unborn child; (5) a written certification from such practitioner stating, under penalty of perjury pursuant to section 1746 of title 28, that— (A) the mother was diagnosed as having been pregnant with the unborn child, according to standard medical practice, by such practitioner or another licensed health care practitioner; and (B) the unborn child died— (i) as a result of a miscarriage or stillbirth attended by or diagnosed by the certifying practitioner; and (ii) not as a result of an induced abortion or any other act that was intended by the mother to cause the death of the unborn child, including through the use of any abortion-inducing drug, but not including any treatment of an ectopic pregnancy; (6) a written certification from the mother of the unborn child stating, under penalty of perjury pursuant to section 1746 of title 28, United States Code, that the unborn child died as described in paragraph (9)(B); and (7) any other information as the Director may require. (b) Certificate of miscarriage or stillbirth Within 60 days of receipt of a form certifying a miscarriage or stillbirth submitted by a qualifying health care practitioner under subsection (a), the Secretary, acting through the Director, shall issue to the requesting parent a certificate of miscarriage or stillbirth that includes— (1) a unique identification number for the unborn child who was miscarried or stillborn; (2) (A) the name of the unborn child, as provided on the form under subsection (a); or (B) if a name does not appear on such original or amended form and the requesting parent does not wish to provide a name for the unborn child, baby boy or baby girl , as applicable (or baby if the child’s sex is unknown), and the last name of the parent; (3) the probable gestational age of the child; (4) the following statement, which shall appear on the front of the certificate: This certificate is not proof of a live birth ; (5) the names of the parents; and (6) any other information as the Director may require. (c) Fees The Secretary, acting through the Director, may require payment of a fee from the requesting parent for obtaining a certificate of miscarriage or stillbirth under subsection (b), in an amount that is not greater than the actual cost of processing such certificate. (d) Disclosure Information submitted to the Secretary under subsection (a) and issued by the Secretary under subsection (b) shall be confidential, and shall not be disclosed other than as provided in such subsections or as otherwise used in the administration of the child tax credit allowed under section 24 of the Internal Revenue Code of 1986. (e) Definitions For purposes of this section— (1) Miscarriage The term miscarriage means the involuntary death of an unborn child who was carried in the womb for a period of less than 20 weeks. (2) Qualifying health care practitioner (A) In general The term qualifying health care practitioner — (i) means an individual who is licensed to practice medicine and surgery, osteopathic medicine and surgery, or midwifery, or who is otherwise legally authorized to perform births and to diagnose and attend miscarriages or stillbirths; and (ii) excludes any such individual who is acting within the scope of employment with, self-employment as or with, or volunteer service for, an abortion center. (B) Abortion center For purposes of subparagraph (A)(ii), the term abortion center — (i) means any entity for which at least one percent of its gross receipts are from performing abortions (including the use or prescription of any abortion-inducing drug, but excluding any procedure that is necessary to prevent the death of a pregnant mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, so long as every reasonable effort is made to preserve the lives of both the pregnant mother and her unborn child); (ii) includes the entire legal entity described in clause (i), including any entity that controls, is controlled by, or is under common control with, such legal entity; and (iii) excludes any hospital (as defined in section 1861(e) of the Social Security Act). (3) Stillbirth The term stillbirth means the involuntary death of an unborn child who was carried in the womb for 20 weeks or more. (4) Unborn child The term unborn child means an individual of the species homo sapiens, from the beginning of the biological development of that individual, including fertilization, until the point of the earlier of being born alive (as defined in section 8(b) of title 1, United States Code) or death. . | https://www.govinfo.gov/content/pkg/BILLS-117s3537is/xml/BILLS-117s3537is.xml |
117-s-3538 | II 117th CONGRESS 2d Session S. 3538 IN THE SENATE OF THE UNITED STATES January 31, 2022 Mr. Graham (for himself, Mr. Blumenthal , Mr. Durbin , Mr. Grassley , Mrs. Feinstein , Mr. Cornyn , Mr. Whitehouse , Mr. Hawley , Ms. Hirono , Mr. Kennedy , Mr. Casey , Mrs. Blackburn , Ms. Cortez Masto , Ms. Collins , Ms. Hassan , Ms. Ernst , Mr. Warner , Mrs. Hyde-Smith , Ms. Murkowski , and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a National Commission on Online Child Sexual Exploitation Prevention, and for other purposes.
1. Short title This Act may be cited as the Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2022 or the EARN IT Act of 2022 . 2. Definitions In this Act: (1) Commission The term Commission means the National Commission on Online Child Sexual Exploitation Prevention. (2) Interactive computer service The term interactive computer service has the meaning given the term in section 230(f)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(f)(2) ). 3. National Commission on Online Child Sexual Exploitation Prevention (a) Establishment There is established a National Commission on Online Child Sexual Exploitation Prevention. (b) Purpose The purpose of the Commission is to develop recommended best practices that providers of interactive computer services may choose to implement to prevent, reduce, and respond to the online sexual exploitation of children, including the enticement, grooming, sex trafficking, and sexual abuse of children and the proliferation of online child sexual abuse material. (c) Membership (1) Composition (A) In general The Commission shall be composed of 19 members. (B) Agency heads The following Federal officials shall serve as members of the Commission: (i) The Attorney General or his or her representative. (ii) The Secretary of Homeland Security or his or her representative. (iii) The Chairman of the Federal Trade Commission or his or her representative. (C) Other members Of the remaining 16 members of the Commission— (i) 4 shall be appointed by the majority leader of the Senate, of whom— (I) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(A); (II) 1 shall have the qualifications required under paragraph (2)(B); (III) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(C); and (IV) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(D); (ii) 4 shall be appointed by the minority leader of the Senate, of whom— (I) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(A); (II) 1 shall have the qualifications required under paragraph (2)(B); (III) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(C); and (IV) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(D); (iii) 4 shall be appointed by the Speaker of the House of Representatives, of whom— (I) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(A); (II) 1 shall have the qualifications required under paragraph (2)(B); (III) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(C); and (IV) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(D); and (iv) 4 shall be appointed by the minority leader of the House of Representatives, of whom— (I) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(A); (II) 1 shall have the qualifications required under paragraph (2)(B); (III) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(C); and (IV) 1 shall have the qualifications required under clause (i) or (ii) of paragraph (2)(D). (2) Qualifications Of the 16 members of the Commission appointed under paragraph (1)(C)— (A) 4 shall have current experience in investigating online child sexual exploitation crimes, of whom— (i) 2 shall have such experience in a law enforcement capacity; and (ii) 2 shall have such experience in a prosecutorial capacity; (B) 4 shall be survivors of online child sexual exploitation, or have current experience in providing services for victims of online child sexual exploitation in a non-governmental capacity; (C) (i) 2 shall have current experience in matters related to consumer protection, civil liberties, civil rights, or privacy; and (ii) 2 shall have current experience in computer science or software engineering related to matters of cryptography, data security, or artificial intelligence in a non-governmental capacity; and (D) 4 shall be individuals who each currently work for an interactive computer service that is unrelated to each other interactive computer service represented under this subparagraph, representing diverse types of businesses and areas of professional expertise, of whom— (i) 2 shall have current experience in addressing online child sexual exploitation and promoting child safety at an interactive computer service with not less than 30,000,000 monthly users in the United States; and (ii) 2 shall have current experience in addressing online child sexual exploitation and promoting child safety at an interactive computer service with less than 10,000,000 monthly users in the United States. (3) Date The initial appointments of members to the Commission under paragraph (1)(C) shall be made not later than 90 days after the date of enactment of this Act. (d) Period of appointment; vacancies (1) Period of appointment A member of the Commission shall be appointed for a term of 5 years. (2) Vacancies (A) Effect on commission Any vacancy in the Commission shall not affect the powers of the Commission. (B) Filling of vacancies A vacancy in the Commission shall be filled in the same manner as the original appointment under subsection (c)(1). (e) Initial meeting The Commission shall hold the first meeting of the Commission not later than 60 days after the date on which a majority of the members of the Commission have been appointed. (f) Chairperson The Attorney General or his or her representative shall serve as the Chairperson of the Commission. (g) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold a meeting. (h) Meetings The Commission shall meet at the call of the Chairperson. (i) Authority of commission The Commission may, for the purpose of carrying out this section and section 4, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. (j) Information from Federal agencies (1) In general The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section and section 4. (2) Furnishing information Upon request of the Chairperson of the Commission for information under paragraph (1), the head of a Federal department or agency shall furnish the information to the Commission, unless the information is subject to an active investigation or otherwise privileged or confidential. (k) Travel expenses A member of the Commission shall serve without compensation, but 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 of title 5, United States Code, while away from the home or regular places of business of the member in the performance of services for the Commission. (l) Duration Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. 4. Duties of the Commission (a) Recommended best practices (1) Initial recommendations (A) In general Not later than 18 months after the date on which a majority of the members of the Commission required to be appointed under section 3(c)(1)(C) have been so appointed, the Commission shall develop and submit to the Attorney General recommended best practices that providers of interactive computer services may choose to engage in to prevent, reduce, and respond to the online sexual exploitation of children, including the enticement, grooming, sex trafficking, and sexual abuse of children and the proliferation of online child sexual abuse material. (B) Requirements (i) Alternative best practices The best practices required to be developed and submitted under subparagraph (A) shall include alternatives that take into consideration— (I) the size, type of product, and business model of a provider of an interactive computer service; (II) whether an interactive computer service— (aa) is made available to the public; (bb) is primarily responsible for hosting, storage, display, and retrieval of information on behalf of third parties, including providers of other interactive computer services; or (cc) provides the capability to transmit data to and receive data from all or substantially all internet endpoints on behalf of a consumer; and (III) whether a type of product, business model, product design, or other factors related to the provision of an interactive computer service could make a product or service susceptible to the use and facilitation of online child sexual exploitation. (ii) Scope Notwithstanding paragraph (3), the alternatives described in clause (i) of this subparagraph may exclude certain matters required to be addressed under paragraph (3), as the Commission determines appropriate based on the nature of particular products or services, the factors described in such clause (i), or other factors relevant to the purposes of this Act. (2) Support requirement The Commission may only recommend the best practices under paragraph (1) if not fewer than 14 members of the Commission support the best practices. (3) Matters addressed The matters addressed by the recommended best practices developed and submitted by the Commission under paragraph (1) shall include— (A) preventing, identifying, disrupting, and reporting online child sexual exploitation; (B) coordinating with non-profit organizations and other providers of interactive computer services to preserve, remove from view, and report online child sexual exploitation; (C) retaining child sexual exploitation content and related user identification and location data; (D) receiving and triaging reports of online child sexual exploitation by users of interactive computer services, including self-reporting; (E) implementing a standard rating and categorization system to identify the type and severity of child sexual abuse material; (F) training and supporting content moderators who review child sexual exploitation content for the purposes of preventing and disrupting online child sexual exploitation; (G) preparing and issuing transparency reports, including disclosures in terms of service, relating to identifying, categorizing, and reporting online child sexual exploitation and efforts to prevent and disrupt online child sexual exploitation; (H) coordinating with voluntary initiatives offered among and to providers of interactive computer services relating to identifying, categorizing, and reporting online child sexual exploitation; (I) employing age rating and age gating systems to reduce online child sexual exploitation; (J) offering parental control products that enable customers to limit the types of websites, social media platforms, and internet content that are accessible to children; and (K) contractual and operational practices to ensure third parties, contractors, and affiliates comply with the best practices. (4) Relevant considerations In developing best practices under paragraph (1), the Commission shall consider— (A) the cost and technical limitations of implementing the best practices; (B) the impact on competition, product and service quality, data security, and privacy; (C) the impact on the ability of law enforcement agencies to investigate and prosecute child sexual exploitation and rescue victims; and (D) the current state of technology. (5) Periodic updates Not less frequently than once every 5 years, the Commission shall update and resubmit to the Attorney General recommended best practices under paragraph (1). (b) Publication of best practices Not later than 30 days after the date on which the Commission submits recommended best practices under subsection (a), including updated recommended best practices under paragraph (5) of that subsection, the Attorney General shall publish the recommended best practices on the website of the Department of Justice and in the Federal Register. 5. Protecting victims of online child sexual abuse Section 230(e) of the Communications Act of 1934 ( 47 U.S.C. 230(e) ) is amended by adding at the end the following: (6) No effect on child sexual exploitation law Nothing in this section (other than subsection (c)(2)(A)) shall be construed to impair or limit— (A) any claim in a civil action brought against a provider of an interactive computer service under section 2255 of title 18, United States Code, if the conduct underlying the claim constitutes a violation of section 2252 or section 2252A of that title; (B) any charge in a criminal prosecution brought against a provider of an interactive computer service under State law regarding the advertisement, promotion, presentation, distribution, or solicitation of child sexual abuse material, as defined in section 2256(8) of title 18, United States Code; or (C) any claim in a civil action brought against a provider of an interactive computer service under State law regarding the advertisement, promotion, presentation, distribution, or solicitation of child sexual abuse material, as defined in section 2256(8) of title 18, United States Code. (7) Encryption technologies (A) In general Notwithstanding paragraph (6), none of the following actions or circumstances shall serve as an independent basis for liability of a provider of an interactive computer service for a claim or charge described in that paragraph: (i) The provider utilizes full end-to-end encrypted messaging services, device encryption, or other encryption services. (ii) The provider does not possess the information necessary to decrypt a communication. (iii) The provider fails to take an action that would otherwise undermine the ability of the provider to offer full end-to-end encrypted messaging services, device encryption, or other encryption services. (B) Consideration of evidence Nothing in subparagraph (A) shall be construed to prohibit a court from considering evidence of actions or circumstances described in that subparagraph if the evidence is otherwise admissible. . 6. Use of term child sexual abuse material (a) Sense of Congress It is the sense of Congress that the term child sexual abuse material has the same legal meaning as the term child pornography , as that term was used in Federal statutes and case law before the date of enactment of this Act. (b) Amendments (1) Title 5, United States Code Chapter 65 of title 5, United States Code, is amended— (A) in section 6502(a)(2)(B), by striking child pornography and inserting child sexual abuse material ; and (B) in section 6504(c)(2)(F), by striking child pornography and inserting child sexual abuse material . (2) Homeland Security Act of 2002 The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— (A) in section 307(b)(3)(D) ( 6 U.S.C. 187(b)(3)(D) ), by striking child pornography and inserting child sexual abuse material ; and (B) in section 890A ( 6 U.S.C. 473 )— (i) in subsection (b)(2)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and (ii) in subsection (e)(3)(B)(ii), by striking child pornography and inserting child sexual abuse material . (3) Immigration and Nationality Act Section 101(a)(43)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43)(I) ) is amended by striking child pornography and inserting child sexual abuse material . (4) Small Business Jobs Act of 2010 Section 3011(c) of the Small Business Jobs Act of 2010 ( 12 U.S.C. 5710(c) ) is amended by striking child pornography and inserting child sexual abuse material . (5) Broadband Data Improvement Act Section 214(a)(2) of the Broadband Data Improvement Act ( 15 U.S.C. 6554(a)(2) ) is amended by striking child pornography and inserting child sexual abuse material . (6) CAN-SPAM Act of 2003 Section 4(b)(2)(B) of the CAN-SPAM Act of 2003 ( 15 U.S.C. 7703(b)(2)(B) ) is amended by striking child pornography and inserting child sexual abuse material . (7) Title 18, United States Code Title 18, United States Code, is amended— (A) in section 1956(c)(7)(D), by striking child pornography each place the term appears and inserting child sexual abuse material ; (B) in chapter 110— (i) in section 2251(e), by striking child pornography and inserting child sexual abuse material ; (ii) in section 2252(b)— (I) in paragraph (1), by striking child pornography and inserting child sexual abuse material ; and (II) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; (iii) in section 2252A— (I) in the section heading, by striking material constituting or containing child pornography and inserting child sexual abuse material ; (II) in subsection (a)— (aa) in paragraph (1), by striking child pornography and inserting child sexual abuse material ; (bb) in paragraph (2)— (AA) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (BB) in subparagraph (B), by striking material that contains child pornography and inserting child sexual abuse material ; (cc) in paragraph (3)(A), by striking child pornography and inserting child sexual abuse material ; (dd) in paragraph (4)— (AA) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (BB) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; (ee) in paragraph (5)— (AA) in subparagraph (A), by striking material that contains an image of child pornography and inserting item containing child sexual abuse material ; and (BB) in subparagraph (B), by striking material that contains an image of child pornography and inserting item containing child sexual abuse material ; and (ff) in paragraph (7)— (AA) by striking child pornography and inserting child sexual abuse material ; and (BB) by striking the period at the end and inserting a comma; (III) in subsection (b)— (aa) in paragraph (1), by striking child pornography and inserting child sexual abuse material ; and (bb) in paragraph (2), by striking child pornography each place the term appears and inserting child sexual abuse material ; (IV) in subsection (c)— (aa) in paragraph (1)(A), by striking child pornography and inserting child sexual abuse material ; (bb) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and (cc) in the undesignated matter following paragraph (2), by striking child pornography and inserting child sexual abuse material ; (V) in subsection (d)(1), by striking child pornography and inserting child sexual abuse material ; and (VI) in subsection (e), by striking child pornography each place the term appears and inserting child sexual abuse material ; (iv) in section 2256(8)— (I) by striking child pornography and inserting child sexual abuse material ; and (II) by striking the period at the end and inserting a semicolon; (v) in section 2257A(h)— (I) in paragraph (1)(A)(iii)— (aa) by inserting a comma after marketed ; (bb) by striking such than and inserting such that ; and (cc) by striking a visual depiction that is child pornography and inserting child sexual abuse material ; and (II) in paragraph (2), by striking any visual depiction that is child pornography and inserting child sexual abuse material ; (vi) in section 2258A— (I) in subsection (a)(2)— (aa) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (bb) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; (II) in subsection (b)— (aa) in paragraph (4)— (AA) in the paragraph heading, by striking Visual depictions of apparent child pornography and inserting Apparent child sexual abuse material ; and (BB) by striking visual depiction of apparent child pornography and inserting apparent child sexual abuse material ; and (bb) in paragraph (5), by striking visual depiction of apparent child pornography and inserting apparent child sexual abuse material ; and (III) in subsection (g)(2)(B), by striking visual depictions of apparent child pornography and inserting apparent child sexual abuse material ; (vii) in section 2258C— (I) in the section heading, by striking Use to combat child pornography of technical elements relating to reports made to the CyberTipline and inserting Use of technical elements from reports made to the CyberTipline to combat child sexual abuse material ; (II) in subsection (a)— (aa) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and (bb) in paragraph (3), by striking the actual visual depictions of apparent child pornography and inserting any apparent child sexual abuse material ; (III) in subsection (d), by striking child pornography visual depiction and inserting child sexual abuse material visual depiction ; and (IV) in subsection (e), by striking child pornography visual depiction and inserting child sexual abuse material visual depiction ; (viii) in section 2259— (I) in paragraph (b)(2)— (aa) in the paragraph heading, by striking child pornography and inserting child sexual abuse material ; (bb) in the matter preceding subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (cc) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; (II) in subsection (c)— (aa) in paragraph (1)— (AA) in the paragraph heading, by striking Child pornography production and inserting Production of child sexual abuse material ; (BB) by striking child pornography production and inserting production of child sexual abuse material ; and (CC) by striking production of child pornography and inserting production of child sexual abuse material ; (bb) in paragraph (2), in the matter preceding subparagraph (A), by striking trafficking in child pornography offenses each place the term appears and inserting offenses for trafficking in child sexual abuse material ; and (cc) in paragraph (3)— (AA) in the paragraph heading, by striking child pornography and inserting child sexual abuse material ; and (BB) by striking child pornography and inserting child sexual abuse material ; and (III) in subsection (d)(1)— (aa) in subparagraph (A)— (AA) by striking child pornography each place the term appears and inserting child sexual abuse material ; and (BB) by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material ; (bb) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; and (cc) in subparagraph (C)— (AA) by striking child pornography and inserting child sexual abuse material ; and (BB) by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material ; (ix) in section 2259A— (I) in the section heading, by striking child pornography cases and inserting cases involving child sexual abuse material ; (II) in subsection (a)— (aa) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and (bb) in paragraph (3), by striking a child pornography production offense and inserting an offense for production of child sexual abuse material ; and (III) in subsection (d)(2)(B), by striking child pornography production or trafficking offense that the defendant committed and inserting offense for production of child sexual abuse material or trafficking in child sexual abuse material committed by the defendant ; and (x) in section 2259B— (I) in the section heading, by striking Child pornography victims reserve and inserting Reserve for child sexual abuse material ; (II) in subsection (a), by striking Child Pornography Victims Reserve each place the term appears and inserting Reserve for Victims of Child Sexual Abuse Material ; (III) in subsection (b), by striking Child Pornography Victims Reserve each place the term appears and inserting Reserve for Victims of Child Sexual Abuse Material ; and (IV) in subsection (c), by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material ; (C) in chapter 117— (i) in section 2423(f)(3), by striking child pornography and inserting child sexual abuse material ; and (ii) in section 2427— (I) in the section heading, by striking child pornography and inserting child sexual abuse material ; and (II) by striking child pornography and inserting child sexual abuse material ; (D) in section 2516— (i) in paragraph (1)(c), by striking material constituting or containing child pornography and inserting child sexual abuse material ; and (ii) in paragraph (2), by striking child pornography production and inserting production of child sexual abuse material ; (E) in section 3014(h)(3), by striking child pornography victims and inserting victims of child sexual abuse material ; (F) in section 3509— (i) in subsection (a)(6), by striking child pornography and inserting child sexual abuse material ; and (ii) in subsection (m)— (I) in the subsection heading, by striking Child Pornography and inserting Child Sexual Abuse Material ; (II) in paragraph (1), by striking property or material that constitutes child pornography (as defined by section 2256 of this title) and inserting child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material, ; (III) in paragraph (2)— (aa) in subparagraph (A)— (AA) by striking property or material that constitutes child pornography (as defined by section 2256 of this title) and inserting child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material, ; and (BB) by striking the property or material and inserting the child sexual abuse material, property, or items ; and (bb) in subparagraph (B), by striking property or material each place the term appears and inserting child sexual abuse material, property, or items ; and (IV) in paragraph (3)— (aa) by striking property or material that constitutes child pornography, as defined under section 2256(8) and inserting child sexual abuse material (as defined by section 2256 of this title) ; (bb) by striking such child pornography and inserting such child sexual abuse material ; and (cc) by striking Such property or material and inserting Such child sexual abuse material ; and (G) in section 3632(d)(4)(D)(xlii), by striking material constituting or containing child pornography and inserting child sexual abuse material . (8) Tariff Act of 1930 Section 583(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1583(a)(2)(B) ) is amended by striking child pornography and inserting child sexual abuse material . (9) Elementary and Secondary Education Act of 1965 Section 4121 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7131 ) is amended— (A) in subsection (a)— (i) in paragraph (1)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and (ii) in paragraph (2)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and (B) in subsection (e)(5)— (i) in the paragraph heading, by striking Child pornography and inserting Child sexual abuse material ; and (ii) by striking child pornography and inserting child sexual abuse material . (10) Museum and Library Services Act Section 224(f) of the Museum and Library Services Act ( 20 U.S.C. 9134(f) ) is amended— (A) in paragraph (1)— (i) in subparagraph (A)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (ii) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (B) in paragraph (7)(A)— (i) in the subparagraph heading, by striking Child pornography and inserting Child sexual abuse material ; and (ii) by striking child pornography and inserting child sexual abuse material . (11) Omnibus Crime Control and Safe Streets Act of 1968 Section 3031(b)(3) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10721(b)(3) ) is amended by striking child pornography and inserting child sexual abuse material . (12) Juvenile Justice and Delinquency Prevention Act of 1974 Section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K) ) is amended— (A) in clause (i)(I)(aa), by striking child pornography and inserting child sexual abuse material ; and (B) in clause (ii), by striking child pornography and inserting child sexual abuse material . (13) Victims of Crime Act of 1984 Section 1402(d)(6)(A) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20101(d)(6)(A) ) is amended by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material . (14) Victims of Child Abuse Act of 1990 The Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20301 et seq. ) is amended— (A) in section 212(4) ( 34 U.S.C. 20302(4) ), by striking child pornography and inserting child sexual abuse material ; (B) in section 214(b) ( 34 U.S.C. 20304(b) )— (i) in the subsection heading, by striking Child Pornography and inserting Child Sexual Abuse Material ; and (ii) by striking child pornography and inserting child sexual abuse material ; and (C) in section 226(c)(6) ( 34 U.S.C. 20341(c)(6) ), by striking child pornography and inserting child sexual abuse material . (15) Sex Offender Registration and Notification Act Section 111 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911 ) is amended— (A) in paragraph (3)(B)(iii), by striking child pornography and inserting child sexual abuse material ; and (B) in paragraph (7)(G), by striking child pornography and inserting child sexual abuse material . (16) Adam Walsh Child Protection and Safety Act of 2006 Section 143(b)(3) of the Adam Walsh Child Protection and Safety Act of 2006 ( 34 U.S.C. 20942(b)(3) ) is amended by striking child pornography and enticement cases and inserting cases involving child sexual abuse material and enticement of children . (17) PROTECT Our Children Act of 2008 The PROTECT Our Children Act of 2008 ( 34 U.S.C. 21101 et seq. ) is amended— (A) in section 101(c) ( 34 U.S.C. 21111(c) )— (i) in paragraph (16)— (I) in the matter preceding subparagraph (A), by striking child pornography trafficking and inserting trafficking in child sexual abuse material ; (II) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; (III) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; (IV) in subparagraph (C), by striking child pornography and inserting child sexual abuse material ; and (V) in subparagraph (D), by striking child pornography and inserting child sexual abuse material ; and (ii) in paragraph (17)(A), by striking child pornography and inserting child sexual abuse material ; and (B) in section 105(e)(1)(C) ( 34 U.S.C. 21115(e)(1)(C) ), by striking child pornography trafficking and inserting trafficking in child sexual abuse material . (18) Social Security Act Section 471(a)(20)(A)(i) of the Social Security Act ( 42 U.S.C. 671(a)(20)(A)(i) ) is amended by striking child pornography and inserting offenses involving child sexual abuse material . (19) Privacy Protection Act of 1980 Section 101 of the Privacy Protection Act of 1980 ( 42 U.S.C. 2000aa ) is amended— (A) in subsection (a)(1), by striking child pornography and inserting child sexual abuse material ; and (B) in subsection (b)(1), by striking child pornography and inserting child sexual abuse material . (20) Child Care and Development Block Grant Act of 1990 Section 658H(c)(1) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f(c)(1) ) is amended— (A) in subparagraph (D)(iii), by striking child pornography and inserting offenses relating to child sexual abuse material ; and (B) in subparagraph (E), by striking child pornography and inserting child sexual abuse material . (21) Communications Act of 1934 Title II of the Communications Act of 1934 ( 47 U.S.C. 201 et seq. ) is amended— (A) in section 223 ( 47 U.S.C. 223 )— (i) in subsection (a)(1)— (I) in subparagraph (A), in the undesignated matter following clause (ii), by striking child pornography and inserting which constitutes child sexual abuse material ; and (II) in subparagraph (B), in the undesignated matter following clause (ii), by striking child pornography and inserting which constitutes child sexual abuse material ; and (ii) in subsection (d)(1), in the undesignated matter following subparagraph (B), by striking child pornography and inserting that constitutes child sexual abuse material ; and (B) in section 254(h) ( 47 U.S.C. 254(h) )— (i) in paragraph (5)— (I) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (II) in subparagraph (C)(i)(II), by striking child pornography and inserting child sexual abuse material ; (ii) in paragraph (6)— (I) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (II) in subparagraph (C)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (iii) in paragraph (7)(F)— (I) in the subparagraph heading, by striking Child pornography and inserting Child sexual abuse material ; and (II) by striking child pornography and inserting child sexual abuse material . (c) Table of sections amendments (1) Chapter 110 of title 18 The table of sections for chapter 110 of title 18, United States Code, is amended— (A) by striking the item relating to section 2252A and inserting the following: 2252A. Certain activities relating to child sexual abuse material. ; (B) by striking the item relating to section 2258C and inserting the following: 2258C. Use of technical elements from reports made to the CyberTipline to combat child sexual abuse material. ; (C) by striking the item relating to section 2259A and inserting the following: 2259A. Assessments in cases involving child sexual abuse material. ; and (D) by striking the item relating to section 2259B and inserting the following: 2259B. Reserve for victims of child sexual abuse material. . (2) Chapter 117 of title 18 The table of sections for chapter 117 of title 18, United States Code, is amended by striking the item relating to section 2427 and inserting the following: 2427. Inclusion of offenses relating to child sexual abuse material in definition of sexual activity for which any person can be charged with a criminal offense. . (d) Amendment to the Federal sentencing guidelines Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall amend the Federal sentencing guidelines, including application notes, to replace the terms child pornography and child pornographic material with child sexual abuse material . (e) Effective date The amendments made by this section to title 18 of the United States Code shall apply to conduct that occurred before, on, or after the date of enactment of this Act. 7. Modernizing the Cybertipline (a) In general Chapter 110 of title 18, United States Code, is amended— (1) in section 2258A, as amended by section 6(b) of this Act— (A) in subsection (a)— (i) in paragraph (1)(B)(ii), by inserting after facts or circumstances the following: , including any available facts or circumstances sufficient to identify and locate each minor and each involved individual, ; and (ii) in paragraph (2)(A)— (I) by inserting 1591 (if the violation involves a minor), before 2251, ; and (II) by striking or 2260 and inserting 2260, or 2422(b) ; (B) in subsection (b)— (i) in paragraph (1)— (I) by inserting or location after identity ; and (II) by striking other identifying information, and inserting other information which may identify or locate the involved individual, ; (ii) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (iii) by inserting after paragraph (1) the following: (2) Information about the involved minor Information relating to the identity or location of any involved minor, which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, or any other information which may identify or locate any involved minor, including self-reported identifying information. ; and (iv) by adding at the end the following: (7) Formatting of reports When in its discretion a provider voluntarily includes any content described in this subsection in a report to the CyberTipline, the provider shall use best efforts to ensure that the report conforms with the structure of the CyberTipline. ; and (C) in subsection (d)(5)(B)— (i) in clause (i), by striking forwarded and inserting made available ; and (ii) in clause (ii), by striking forwarded and inserting made available ; (2) in section 2258B— (A) in subsection (a)— (i) by striking arising from the performance and inserting the following: , may not be brought in any Federal or State court if the claim or charge is directly attributable to— (1) the performance ; (ii) in paragraph (1), as so designated, by striking may not be brought in any Federal or State court. and inserting a semicolon; and (iii) by adding at the end the following: (2) transmitting, distributing, or mailing child sexual abuse material to any Federal, State, or local law enforcement agency, or giving such agency access to child sexual abuse material, in response to a search warrant, court order, or other legal process issued by such agency; or (3) research voluntarily undertaken by the provider or domain name registrar using any material being preserved under section 2258A(h), if the research is only for the purpose of— (A) improving or facilitating reporting under this section, section 2258A, or section 2258C; or (B) stopping the online sexual exploitation of children. ; and (B) in subsection (b)(2)(C)— (i) by striking the performance of ; (ii) by inserting described in or performed after function ; and (iii) by striking this section, sections and inserting this section or section ; and (3) in section 2258C, as amended by section 6(b) of this Act— (A) in the section heading, by striking the CyberTipline and inserting NCMEC ; (B) in subsection (a)— (i) in paragraph (1)— (I) by striking NCMEC and inserting the following: (A) Provision to providers NCMEC ; (II) in subparagraph (A), as so designated, by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: (B) Provision to non-profit entities NCMEC may provide hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) to a non-profit entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children. ; and (ii) in paragraph (2)— (I) by inserting (A) after (1) ; (II) by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: The elements authorized under paragraph (1)(B) shall be limited to hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ). ; and (C) in subsection (d), by inserting or to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline . (b) Technical and conforming amendment The table of sections for chapter 110 of title 18, United States Code, is amended by striking the item relating to section 2258C (as amended by section 6(c)(1)(B) of this Act) and inserting the following: “2258C. Use of technical elements from reports made to NCMEC to combat child sexual abuse material.”. 8. Eliminating network distribution of child exploitation Section 2258A(h) of title 18, United States Code, is amended— (1) in paragraph (1), by striking 90 days and inserting 180 days ; and (2) by adding at the end the following: (5) Extension of preservation A provider of a report to the CyberTipline may voluntarily preserve the contents provided in the report (including any comingled content described in paragraph (2)) for longer than 180 days after the submission to the CyberTipline for the purpose of reducing the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children. . 9. IT solutions relating to combating online child exploitation Title IV of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11291 et seq. ) is amended— (1) by redesignating section 409 ( 34 U.S.C. 11297 ) as section 410; and (2) by inserting after section 408 ( 34 U.S.C. 11296 ) the following: 409. IT solutions relating to combating online child exploitation (a) Development of IT solutions The Administrator shall enable the development of information technology solutions and the creation and acquisition of innovative tools to implement updates, improvements, and modernization needed to enhance efforts to combat online child exploitation in order to ensure that consistent, actionable information is provided to law enforcement agencies, including Internet Crimes Against Children (commonly known as ICAC ) task forces. (b) Consultation with partners In developing the information technology solutions under subsection (a), the Administrator shall solicit input from all partners in the effort to combat online child exploitation, including the Center, ICAC task forces, the Federal Bureau of Investigation, the Department of Homeland Security, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, and the United States Marshals Service. (c) Funding Each fiscal year, the Administrator shall carry out this section using not less than $1,000,000 of the amounts made available to carry out this title for that fiscal year. . 10. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act. 11. 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 unconstitutional, 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. | https://www.govinfo.gov/content/pkg/BILLS-117s3538is/xml/BILLS-117s3538is.xml |
117-s-3539 | II 117th CONGRESS 2d Session S. 3539 IN THE SENATE OF THE UNITED STATES February 1, 2022 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to carry out watershed pilots, and for other purposes.
1. Short title This Act may be cited as the Watershed Results Act . 2. Definitions In this Act: (1) Advance watershed analytics The term advance watershed analytics means the technical analysis that is— (A) conducted before making funding available for a watershed pilot; and (B) necessary— (i) to identify specific high-impact outcome projects across an entire watershed; (ii) to identify project costs and implementation feasibility constraints; (iii) to identify how different groups of projects impact overall watershed targets; and (iv) to develop scenarios that— (I) maximize outcomes; and (II) are feasible to quickly implement at scale. (2) Federal financial source The term Federal financial source means an award, grant, loan, guarantee, incentive, or credit enhancement funding available to Federal agencies participating in watershed pilots. (3) Fund The term Fund means the Environmental Outcomes Fund established by the Secretary under section 4(c)(1). (4) Management team The term management team means the management team for a watershed pilot designated under section 3(b)(2). (5) Outcome The term outcome means— (A) a quantifiable increase in surface water or groundwater; (B) a measurable increase in aquatic habitat quality or quantity in a watershed affected by the operation of a Bureau of Reclamation project; or (C) any other quantifiable benefit identified by the management team as being desirable in the applicable watershed. (6) Pay-for-performance contract The term pay-for-performance contract means a contract to purchase successfully implemented outcomes at a negotiated per-unit price. (7) Plan The term plan means an actionable implementation and funding plan developed for a watershed pilot under section 3(c)(1). (8) Qualifying project The term qualifying project means a project in a Reclamation State that efficiently achieves 1 or more outcomes in pursuit of a plan, as prioritized through advance watershed analytics. (9) Reclamation State The term Reclamation State means— (A) a State or territory described in the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391 ); (B) the State of Hawaii; and (C) the State of Alaska. (10) Secretary The term Secretary means the Secretary of the Interior. (11) Watershed pilot The term watershed pilot means a watershed pilot established under section 3(a). 3. Watershed pilots (a) In general Not later than 180 days after the date of enactment of this Act and subject to subsection (h), the Secretary shall establish a total of not less than 2 and not more than 5 watershed pilots in a Reclamation State. (b) Management of watershed pilots (1) Management by Secretary Management and responsibility for each watershed pilot shall be led by the Secretary. (2) Management team The Secretary shall designate a management team for the watershed pilot, which shall be composed of representatives appointed by the Secretary. (3) Consultation In establishing and carrying out a watershed pilot, the Secretary and the management team shall consult with— (A) State, local, and Tribal representatives; (B) nongovernmental organizations, including water and irrigation districts; (C) private sector representatives; and (D) such other individuals or entities as the Secretary and the management team determine to be appropriate. (c) Plan (1) In general Not later than 1 year after the date on which a watershed pilot is established, the management team for the applicable watershed pilot shall develop and implement a 5-year plan for carrying out the watershed pilot. (2) Requirements A plan shall incorporate— (A) advance watershed analytics to establish milestones, outcome targets, an implementation plan, and a timeline for achieving the milestones, targets, and full implementation; (B) a coordinated cross-agency funding strategy that will— (i) achieve the milestones and outcome targets established under subparagraph (A) in an effective and flexible manner by efficiently and quickly delivering Federal financial sources to qualifying projects; (ii) leverage amounts made available under sections 4(c)(4) and 7 with existing Federal financial sources; (iii) use Federal financial sources and amounts from the Fund to leverage and attract investments from private or philanthropic sources to accelerate greater outcomes-based results; and (iv) concentrate Federal financial source commitments from multiple agencies in a watershed pilot during the period of the watershed pilot; (C) annually updated progress tracking against milestones and targets; and (D) such other information as the Secretary determines to be relevant to achieve outcomes on an accelerated timeline. (3) Review A plan shall be reviewed annually by the management team. (d) Notification On adoption of each plan, the Secretary shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a notification that the watershed pilot has been established and the plan has been adopted. (e) Disbursement of funds to qualifying projects Not later than 30 days after the date on which the Secretary and the management team for a watershed pilot verify outcomes from the qualifying project, the Secretary and the management team for the watershed pilot shall disburse amounts from Federal financial sources, including amounts made available under sections 4(c)(4) and 7, to a qualifying project, through pay-for-performance contracts, at agreed upon outcome prices. (f) Minimum outcome prices Not later than 1 year after the date on which a watershed pilot is established, the Secretary and the management team for the watershed pilot shall set and publish minimum per-unit outcome prices. (g) Use of advance watershed analytics The Secretary and the management team for each watershed pilot shall use advance watershed analytics throughout the planning, implementation, measuring, and monitoring of outcomes within the watershed pilot. (h) Authority for additional pilots The Secretary, following notification of the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, shall approve the establishment of more than 5 watershed pilots under this section. 4. Financing and funding of watershed pilots (a) Use of pay-For-Performance contracts In carrying out a watershed pilot, the Secretary shall enter into a pay-for-performance contract to achieve outcome-based goals described in the plan developed for the watershed pilot. (b) Flexibility under existing programs The Secretary shall modify, expand, or streamline eligibility and verification criteria for existing Federal financial sources to maximize flexibility, speed, and use of Federal funds in the most effective manner to achieve outcomes under the watershed pilot. (c) Environmental outcomes fund (1) In general The Secretary shall establish an Environmental Outcomes Fund. (2) Use of fund Amounts in the Fund shall only be expended on pay-for-performance contracts under a watershed pilot. (3) Criteria Amounts in the Fund shall be expended in accordance with— (A) this Act, including the plan developed for the applicable watershed pilot; and (B) criteria established by the Secretary and the management team for the applicable watershed pilot, which shall include criteria for— (i) eligibility of qualifying projects; (ii) types of qualifying projects; (iii) the timing of the disbursement of funds; and (iv) such other matters as the Secretary and the management team determine to be appropriate. (4) Mandatory funding (A) In general Out of any funds in the Treasury not otherwise appropriated, on October 1, 2022, and on each October 1 thereafter through October 1, 2027, the Secretary of the Treasury shall transfer to the Secretary from the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391 ), $15,000,000 to be deposited in the Fund. (B) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall deposit into the Fund for use in accordance with this subsection the funds transferred under subparagraph (A), without further appropriation. (5) Report to congress If a watershed pilot is established as a permanent program, the Secretary may submit to Congress recommendations for modifications to funding levels and a permanent authorization of funding for the permanent program. (d) Cost-Share waiver Any otherwise applicable cost-share requirements for existing Federal financial sources, including under section 212(a)(1) of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1729(a)(1) ), shall be waived for watershed pilots carried out using amounts made available under this Act. 5. Reports (a) Definition of appropriate committees of congress In this section, the term appropriate committees of Congress means— (1) of the Senate— (A) the Committee on Appropriations; and (B) the Committee on Energy and Natural Resources; and (2) of the House of Representatives— (A) the Committee on Appropriations; and (B) the Committee on Natural Resources. (b) Annual reports The Secretary shall, not later than the date on which the budget of the United States Government is submitted by the President under section 1105 of title 31, United States Code, for each fiscal year for which the watershed pilot is being carried out, submit to the appropriate committees of Congress a report describing the status of each watershed pilot, including progress towards the milestones described in section 3(c)(2)(A). (c) 5-Year report Not later than October 1 of the fifth fiscal year in which a watershed pilot is carried out under section 3, the Secretary shall submit to the appropriate committees of Congress a report describing, in accordance with the plan developed for the applicable watershed pilot— (1) a summary of— (A) the projected results of the watershed pilot in meeting the milestones described in section 3(c)(2)(A); (B) the projected outcomes of the watershed pilot described in that section; (C) the total amount of funds made available under the watershed pilot; (D) the type of funding expended under the watershed pilot; and (E) such other information as the Secretary determines to be appropriate; and (2) recommendations for continuing, terminating, or making permanent the watershed pilot. (d) Environmental outcomes funds (1) Secretary The Secretary, not later than the date on which the budget of the United States Government is submitted by the President under section 1105 of title 31, United States Code, for each fiscal year for which the watershed pilot is being carried out, submit to the appropriate committees of Congress a report describing the outcomes achieved using amounts made available from, management of, and expenditures from, the Fund. (2) Inspectors general (A) Audit The Inspector General of the Department of the Interior shall conduct a biannual audit of the management of, and funding (including expenditures) relating to, the Fund for the purpose of ensuring proper and effective use of Federal funding by evaluating the effectiveness of the watershed pilot in achieving the plan developed for the watershed pilot, including an evaluation of the outcomes achieved and the Federal financial sources used to achieve those outcomes. (B) Reports The Inspector General of the Department of the Interior shall, not later than the date on which the budget of the United States Government is submitted by the President under section 1105 of title 31, United States Code, for each fiscal year for which the watershed pilot is being carried out, submit to the appropriate committees of Congress a report describing the 2 audits most recently conducted under subparagraph (A). 6. Duration Each watershed pilot shall terminate on the date that is 5 years after the date on which the notification is submitted under section 3(d) with respect to that watershed pilot. 7. Authorization of appropriations There are authorized to be appropriated— (1) for each watershed pilot, $15,000,000 for each of fiscal years 2022 through 2027, which shall be in addition to the amounts made available under section 4(c)(4); and (2) to carry out advance watershed analytics for each watershed pilot, $2,000,000 for each of fiscal years 2022 through 2024. | https://www.govinfo.gov/content/pkg/BILLS-117s3539is/xml/BILLS-117s3539is.xml |
117-s-3540 | II 117th CONGRESS 2d Session S. 3540 IN THE SENATE OF THE UNITED STATES February 1, 2022 Mr. Scott of South Carolina (for himself, Mr. Cruz , Mr. Toomey , Ms. Lummis , Mr. Hagerty , Mr. Crapo , Mr. Tillis , Mr. Cramer , Mr. Moran , Mr. Daines , Mr. Shelby , and Mr. Kennedy ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Deposit Insurance Act to remove the Comptroller of the Currency and the Director of the Bureau of Consumer Financial Protection from the Board of Directors of the Federal Deposit Insurance Corporation, and for other purposes.
1. Management of Board of Directors of FDIC Section 2 of the Federal Deposit Insurance Act ( 12 U.S.C. 1812 ) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) In general The management of the Corporation shall be vested in a Board of Directors consisting of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who are citizens of the United States, 1 of whom shall have State bank supervisory experience. ; (2) in subsection (c)— (A) by striking paragraph (3) and inserting the following: (3) Continuation of service The Chairperson, Vice Chairperson, and each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until the earlier of— (A) the date on which a successor has been appointed and qualified; or (B) the date on which the next session of Congress subsequent to the expiration of such term expires. ; and (B) by adding at the end the following: (4) Limitation No appointed member shall serve more than 12 years— (A) including any service described in paragraph (2); and (B) not including any service described in paragraph (3). ; (3) by striking subsection (d) and inserting the following: (d) Vacancy Any vacancy on the Board of Directors shall be filled in the manner in which the original appointment was made. ; (4) in subsection (e)(2)— (A) in subparagraph (A), by striking or at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (C) be the Director or any other officer of the Bureau of Consumer Financial Protection; or (D) be the Comptroller of the Currency or any other officer of the Office of the Comptroller of the Currency. ; and (5) in subsection (f)— (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). | https://www.govinfo.gov/content/pkg/BILLS-117s3540is/xml/BILLS-117s3540is.xml |
117-s-3541 | 117th CONGRESS 2d Session S. 3541 IN THE SENATE OF THE UNITED STATES AN ACT To improve health care and services for veterans exposed to toxic substances, and for other purposes.
1. Short title This Act may be cited as the Health Care for Burn Pit Veterans Act . 2. Expansion of eligibility for health care from Department of Veterans Affairs for certain veterans exposed to toxic substances (a) In general Section 1710(e)(3) of title 38, United States Code, is amended— (1) in subparagraph (A)— (A) by striking January 27, 2003 and inserting September 11, 2001 ; and (B) by striking five-year period and inserting ten-year period ; (2) by amending subparagraph (B) to read as follows: (B) With respect to a veteran described in paragraph (1)(D) who was discharged or released from the active military, naval, air, or space service after September 11, 2001, and before October 1, 2013, but did not enroll to receive such hospital care, medical services, or nursing home care under such paragraph pursuant to subparagraph (A) before October 1, 2022, the one-year period beginning on October 1, 2022. ; and (3) by striking subparagraph (C). (b) Clarification of coverage Section 1710(e)(1)(D) of such title is amended by inserting after Persian Gulf War the following: (to include any veteran who, in connection with service during such period, received the Armed Forces Expeditionary Medal, Service Specific Expeditionary Medal, Combat Era Specific Expeditionary Medal, Campaign Specific Medal, or any other combat theater award established by a Federal statute or an Executive Order) . (c) Report Not later than October 1, 2024, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on— (1) the number of veterans who enrolled in the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code, to receive care pursuant to eligibility under subparagraph (B) of section 1710(e)(3) of such title, as amended by subsection (a)(2); and (2) of the veterans described in paragraph (1), the number of such veterans who reported a health concern related to exposure to a toxic substance or radiation. (d) Outreach plan Not later than December 1, 2022, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a plan to conduct outreach to veterans described in subparagraph (B) of section 1710(e)(3) of title 38, United States Code, as amended by subsection (a)(2), to notify such veterans of their eligibility for hospital care, medical services, or nursing home care under such subparagraph. (e) Effective date This section and the amendments made by this section shall take effect on October 1, 2022. 3. Incorporation of toxic exposure screening for veterans (a) In general Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall incorporate a screening to help determine potential exposures to toxic substances during active military, naval, air, or space service as part of a health care screening furnished by the Department of Veterans Affairs to veterans enrolled in the system of annual patient enrollment of the Department established and operated under section 1705 of title 38, United States Code, to improve understanding by the Department of exposures of veterans to toxic substances while serving in the Armed Forces. (b) Timing The Secretary shall ensure that a veteran described in subsection (a) completes the screening required under such subsection not less frequently than once every five years. (c) Determination of questions (1) In general The questions included in the screening required under subsection (a) shall be determined by the Secretary with input from medical professionals. (2) Specific questions At a minimum, the screening required under subsection (a) shall, with respect to a veteran, include— (A) a question about the potential exposure of the veteran to an open burn pit; and (B) a question regarding exposures that are commonly associated with service in the Armed Forces. (3) Open burn pit defined In this subsection, the term open burn pit means an area of land that— (A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and (B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste. (d) Print material In developing the screening established under subsection (a), the Secretary shall ensure that print materials complementary to such screening that outline related resources for veterans are available at each medical center of the Department to veterans who may not have access to the internet. (e) Screening updates The Secretary shall consider updates to the content of the screening required under subsection (a) not less frequently than biennially to ensure the screening contains the most current information. (f) Active military, naval, air, or space service defined In this section, the term active military, naval, air, or space service has the meaning given that term in section 101(24) of title 38, United States Code. 4. Training for personnel of the Department of Veterans Affairs with respect to veterans exposed to toxic substances (a) Health care personnel The Secretary of Veterans Affairs shall provide to health care personnel of the Department of Veterans Affairs education and training to identify, treat, and assess the impact on veterans of illnesses related to exposure to toxic substances and inform such personnel of how to ask for additional information from veterans regarding different exposures. (b) Benefits personnel (1) In general The Secretary shall incorporate a training program for processors of claims under the laws administered by the Secretary who review claims for disability benefits relating to service-connected disabilities based on exposure to toxic substances. (2) Annual training Training provided to processors under paragraph (1) shall be provided not less frequently than annually. 5. Analysis and report on treatment of veterans for medical conditions related to toxic exposure (a) In general The Secretary of Veterans Affairs shall analyze, on a continuous basis, all clinical data that— (1) is obtained by the Department of Veterans Affairs in connection with hospital care, medical services, and nursing home care furnished under section 1710(a)(2)(F) of title 38, United States Code; and (2) is likely to be scientifically useful in determining the association, if any, between the medical condition of a veteran and the exposure of the veteran to a toxic substance. (b) Annual report Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing— (1) the aggregate data compiled under subsection (a); (2) an analysis of such data; (3) a description of the types and incidences of medical conditions identified by the Department under such subsection; (4) the explanation of the Secretary for the incidence of such medical conditions and other explanations for the incidence of such conditions as the Secretary considers reasonable; and (5) the views of the Secretary on the scientific validity of drawing conclusions from the incidence of such medical conditions, as evidenced by the data compiled under subsection (a), regarding any association between such conditions and exposure to a toxic substance. 6. Analysis relating to mortality of veterans who served in Southwest Asia (a) Analysis (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in coordination with the Secretary of Defense, shall conduct an updated analysis of total and respiratory disease mortality in covered veterans. (2) Elements The analysis required by paragraph (1) shall include, to the extent practicable, the following with respect to each covered veteran: (A) Metrics of airborne exposures. (B) The location and timing of deployments of the veteran. (C) The military occupational specialty of the veteran. (D) The Armed Force in which the veteran served. (E) Pre-existing health status of the veteran, including with respect to asthma. (F) Relevant personal information of the veteran, including cigarette and e-cigarette smoking history, diet, sex, gender, age, race, and ethnicity. (b) Covered veteran defined In this section, the term covered veteran means any veteran who— (1) on or after August 2, 1990, served on active duty in— (A) Bahrain; (B) Iraq; (C) Kuwait; (D) Oman; (E) Qatar; (F) Saudi Arabia; (G) Somalia; or (H) the United Arab Emirates; or (2) on or after September 11, 2001, served on active duty in— (A) Afghanistan; (B) Djibouti; (C) Egypt; (D) Jordan; (E) Lebanon; (F) Syria; or (G) Yemen. 7. Study on health trends of post 9/11 veterans The Secretary of Veterans Affairs shall conduct an epidemiological study on the health trends of veterans who served in the Armed Forces after September 11, 2001. 8. Study on cancer rates among veterans (a) In general The Secretary of Veterans Affairs shall conduct a study on the incidence of cancer in veterans to determine trends in the rates of the incidence of cancer in veterans. (b) Elements The study required by subsection (a) shall assess, with respect to each veteran included in the study, the following: (1) The age of the veteran. (2) The period of service and length of service of the veteran in the Armed Forces. (3) The military occupational specialty or specialties of the veteran. (4) The gender of the veteran. (5) The type or types of cancer that the veteran has. 9. Publication of list of resources of Department of Veterans Affairs for veterans exposed to toxic substances and outreach program for such veterans and caregivers and survivors of such veterans (a) Publication of list of resources (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs shall publish a list of resources of the Department of Veterans Affairs for— (A) veterans who were exposed to toxic substances; (B) families and caregivers of such veterans; and (C) survivors of such veterans who are receiving death benefits under the laws administered by the Secretary. (2) Update The Secretary shall periodically update the list published under paragraph (1). (b) Outreach The Secretary shall develop, with input from the community, an informative outreach program for veterans on illnesses that may be related to exposure to toxic substances, including outreach with respect to benefits and support programs. 10. Report on Individual Longitudinal Exposure Record (a) In general Not later than one year after the date on which the Individual Longitudinal Exposure Record achieves full operational capability, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the data quality of the Individual Longitudinal Exposure Record and the usefulness of the Individual Longitudinal Exposure Record in supporting veterans in receiving health care and benefits from the Department of Veterans Affairs. (b) Elements The report required by subsection (a) shall include the following: (1) An identification of exposures to toxic substances that may not be fully captured by the current systems for environmental and occupational health monitoring and recommendations for how to improve those systems. (2) An analysis of the quality of the location data in determining exposures of veterans to toxic substances and recommendations for how to improve the quality of that location data. (3) Recommendations on how to improve the usefulness of the Individual Longitudinal Exposure Record. (c) Definitions In this section: (1) Appropriate committees of Congress defined The term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives. (2) Individual Longitudinal Exposure Record The term Individual Longitudinal Exposure Record includes any pilot program or other program used by the Department of Veterans Affairs or the Department of Defense to track how members of the Armed Forces or veterans have been exposed to various occupational or environmental hazards.
Passed the Senate February 16, 2022. Secretary | https://www.govinfo.gov/content/pkg/BILLS-117s3541es/xml/BILLS-117s3541es.xml |
117-s-3542 | II 117th CONGRESS 2d Session S. 3542 IN THE SENATE OF THE UNITED STATES February 1, 2022 Mr. Grassley (for himself, Mr. Kelly , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prevent the misuse of drones, and for other purposes.
1. Short title This Act may be cited as the Drone Act of 2022 . 2. Findings Congress finds that— (1) drone technology has the potential to revolutionize commerce, military operations, law enforcement, and various industries, as well as recreation in general; (2) drone technology also presents a potential danger to public safety and national security; (3) drone technology is increasingly being used by drug trafficking and human trafficking organizations at the southern border— (A) to assist in smuggling into the United States high-value items; (B) for conducting reconnaissance; and (C) even as offensive weapons against competing criminal organizations; (4) drone technology has been used to deliver into Federal correctional centers contraband such as cell phones, wire cutters, screwdrivers, and hacksaws; (5) there were 875 drone sightings in restricted airport airspace in 2020, and 766 such sightings in the first half of 2021, including 36 such sightings in the vicinities of runways; and (6) while existing Federal law includes some criminal provisions relating to misuse of drones, those provisions are fragmentary in nature and therefore fail to restrain and deter the most serious drone-related crimes. 3. Drone offenses Part I of title 18, United States Code, is amended— (1) in section 39B(a)— (A) in paragraph (1)— (i) by striking operation of, an aircraft and inserting the following: operation of— (A) an aircraft ; (ii) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (B) a vessel of the United States, or a vessel subject to the jurisdiction of the United States, as those terms are defined in section 70502 of title 46, carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); (C) a motor vehicle that is used, operated, or employed in interstate or foreign commerce and is carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); or (D) a vehicle used or designed for flight or navigation in space described in section 7(6), shall be punished as provided in subsection (c). ; and (B) in paragraph (2)— (i) by striking operation of, an aircraft and inserting the following: operation of— (A) an aircraft ; (ii) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (B) a vessel of the United States, or a vessel subject to the jurisdiction of the United States, as those terms are defined in section 70502 of title 46, carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); (C) a motor vehicle that is used, operated, or employed in interstate or foreign commerce and is carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); or (D) a vehicle used or designed for flight or navigation in space described in section 7(6), shall be punished as provided in subsection (c). ; (2) in section 40A— (A) in the heading, by striking Operation of unauthorized unmanned aircraft over wildfires and inserting Interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities ; and (B) in subsection (a)— (i) by striking operates an unmanned aircraft and knowingly or recklessly and inserting the following: operates an unmanned aircraft and— (1) knowingly or recklessly ; (ii) by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (2) knowingly or recklessly interferes with a law enforcement, emergency response, or military operation or activity of a unit or agency of the United States Government or of a State, tribal, or local government (other than a wildfire suppression or law enforcement or emergency response efforts related to a wildfire suppression) shall be fined under this title, imprisoned for not more than 2 years, or both. ; (3) by inserting after section 40A the following: 40B. Misuse of unmanned aircraft (a) Definitions In this section— (1) the term aircraft , notwithstanding section 31(a)(1), means any device, craft, vehicle, or contrivance that is— (A) invented, used, or designed to navigate, fly, or travel in the air; or (B) used or intended to be used for flight in the air; (2) the term airport has the meaning given the term in section 40102(a)(9) of title 49; (3) the term contraband has the meaning given the term in section 80302(a) of title 49; (4) the term dangerous weapon has the meaning given the term in section 930; (5) the term explosive means any thing within the scope of the definition of explosive materials in section 841; (6) the term firearm has the meaning given the term in section 921; (7) the term Federal law includes any form of Federal law, including any Federal statute, rule, regulation, or order; (8) the term personnel of the United States means any Federal officer, employee, or contractor, or any person assisting such an officer, employee, or contractor in the performance of duties; (9) the terms prison and prohibited object have the meanings given those terms in section 1791; (10) the term restricted electromagnetic weapon means any type of device, instrument, technology, or contrivance that— (A) can generate or emit electromagnetic radiation or fields that are capable of jamming, disrupting, degrading, damaging, or interfering with the operation of any technological or electronic asset, system, network, or infrastructure, or any component or subcomponent thereof; and (B) is classified as a restricted electromagnetic weapon by the Attorney General, in consultation with the Secretary of Defense; (11) the term serious bodily injury has the meaning given the term in section 1365; (12) the term United States corporation or legal entity means any corporation or other entity organized under the laws of the United States or any State; (13) the term unmanned aircraft has the meaning given the term in section 44801 of title 49; (14) the term vessel means any craft or contrivance used, capable of being used, or designed to be used for transportation in, on, or through water; and (15) the term weapon of mass destruction has the meaning given the term in section 2332a. (b) Offenses (1) Weaponization It shall be unlawful, in a circumstance described in subsection (c), to knowingly— (A) equip or arm an unmanned aircraft with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (B) possess, receive, transfer, operate, or produce an unmanned aircraft that is equipped or armed with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (C) discharge or deploy a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction using an unmanned aircraft; or (D) use an unmanned aircraft to cause— (i) serious bodily injury or death to a person; or (ii) damage to property in an amount that exceeds $5,000. (2) Operation of drone to commit felony It shall be unlawful to knowingly operate an unmanned aircraft in furtherance of the commission of a crime punishable by death or imprisonment of more than 1 year under a law of the United States or a State, if Federal law requires that the aircraft be registered and the aircraft is not registered. (3) Impairment of identification or lighting It shall be unlawful to, in violation of Federal law, knowingly and willfully— (A) remove, obliterate, tamper with, or alter the identification number of the unmanned aircraft; (B) disable or fail to effect any required identification transmission or signaling of the unmanned aircraft; or (C) disable or obscure any required anti-collision lighting of the unmanned aircraft or fail to have or illuminate such lighting as required. (4) Intrusion on protected spaces It shall be unlawful for any person, knowing that the conduct of the person is unlawful, to— (A) operate an unmanned aircraft in any airspace, or cause the takeoff or landing of an unmanned aircraft in any place, in violation of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security; or (B) operate an unmanned aircraft across a border of the United States or its territories or possessions without complying with the requirements of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security. (5) Transportation of contraband It shall be unlawful to knowingly use an unmanned aircraft to— (A) transport contraband; or (B) introduce a prohibited object into a prison. (c) Circumstances The circumstances described in this subsection are that the offense— (1) is an offense under paragraph (2), (3), (4), or (5) of subsection (b); (2) involves an unmanned aircraft, firearm, explosive, dangerous weapon, restricted electromagnetic weapon, weapon of mass destruction, or ammunition that has moved at any time in interstate or foreign commerce; (3) occurs in or affects interstate or foreign commerce; (4) involves the movement of any person or thing in, or use of any means or instrumentality of, interstate or foreign commerce; (5) involves— (A) any use of the electromagnetic spectrum that is subject to the jurisdiction of the Federal Communications Commission or the National Telecommunications and Information Administration; or (B) any aircraft or airspace use that is subject to the jurisdiction of the Federal Aviation Administration; (6) is committed, whether within or outside of the United States, against— (A) the United States or any department, agency, property, activity, or personnel of the United States; or (B) an aircraft in the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49); (7) is committed outside of the United States against any United States national, United States corporation or legal entity, aircraft registered under United States law, or vessel of the United States or vessel subject to the jurisdiction of the United States (as those terms are defined in section 70502 of title 46); or (8) is committed in the special maritime and territorial jurisdiction of the United States. (d) Penalties Any person who violates subsection (b)— (1) in the case of a violation of paragraph (2), (3), or (4) of that subsection, shall be imprisoned for not more than 5 years, fined under this title, or both; (2) in the case of a violation of paragraph (1)(A), (1)(B), (1)(C), or (5) of that subsection, shall be imprisoned for not more than 10 years, fined under this title, or both; (3) subject to paragraph (4) of this subsection, in the case of a violation of paragraph (1)(D) of that subsection, shall be imprisoned for not more than 20 years, fined under this title, or both; and (4) in the case of a violation of any paragraph of that subsection, if death results, shall be sentenced to death or imprisoned for any term of years or for life, fined under this title, or both. (e) Inchoate offenses (1) In general Whoever threatens, attempts, or conspires to commit an offense under subsection (b) shall be subject to the same punishment under subsection (d) as for a completed offense. (2) Federal jurisdiction In the case of a threat, attempt, or conspiracy to commit an offense under subsection (b), the requirement that a circumstance described in subsection (c) exists shall be satisfied if any of the circumstances described in that subsection would have existed had the offense been carried out. (f) Exceptions (1) Government-authorized conduct Subsection (b) shall not apply to conduct by or under the authority of, authorized by, or pursuant to a contract with, the United States or a State, Tribal, or local government, or any department or agency of the United States or a State, Tribal, or local government. (2) Weaponization for authorized or licensed activities Subsection (b)(1), as that subsection applies to firearms, explosives, and other dangerous weapons, shall not apply to— (A) conduct related to avalanche mitigation; or (B) any other conduct in which the use of the firearm, explosive, or dangerous weapon is licensed or otherwise permitted for the mitigation of dangers associated with hazardous environments. (3) Authorized property damage Subsection (b)(1)(D) shall not apply to conduct consisting of injury to property, if engaged in by or with the authorization or consent of the owner of the property, including in any consensual competition in which unmanned aircraft are deployed against each other. ; (4) in the chapter analysis for chapter 2, by striking the item relating to section 40A and inserting the following: 40A. Interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities. 40B. Misuse of unmanned aircraft. ; (5) in section 982(a)(6)(A), by inserting 39B (relating to unsafe operation of unmanned aircraft), 40A (relating to interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities), 40B (relating to misuse of unmanned aircraft), before 555 ; (6) in section 2332b(g)(5)(B), by inserting 40B(b)(1) (relating to weaponization of unmanned aircraft), before 81 ; and (7) in section 2516(1)(c), by inserting section 39B (relating to unsafe operation of unmanned aircraft), section 40A (relating to interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities), section 40B (relating to misuse of unmanned aircraft), before section 43 . | https://www.govinfo.gov/content/pkg/BILLS-117s3542is/xml/BILLS-117s3542is.xml |
117-s-3543 | II 117th CONGRESS 2d Session S. 3543 IN THE SENATE OF THE UNITED STATES February 1, 2022 Mr. Peters (for himself, Mr. Hagerty , and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To support research, development, and other activities to develop innovative vehicle technologies, and for other purposes.
1. Short title This Act may be cited as the Vehicle Innovation Act of 2022 . 2. Definitions In this Act: (1) Department The term Department means the Department of Energy. (2) Secretary The term Secretary means the Secretary of Energy. 3. Objectives The objectives of this Act are— (1) to establish a consistent and consolidated authority for the vehicle technology program at the Department; (2) to develop United States technologies and practices that improve the fuel efficiency and emissions of all vehicles produced in the United States; (3) to support domestic research, development, engineering, demonstration, and commercial application and manufacturing of advanced vehicles, engines, and components; (4) to enable vehicles to move larger volumes of goods and more passengers with less energy and emissions; (5) to develop cost-effective advanced technologies for wide-scale utilization throughout the passenger, commercial, government, and transit vehicle sectors; (6) to allow for greater consumer choice of vehicle technologies and fuels; (7) shorten technology development and integration cycles in the vehicle industry; (8) to ensure a proper balance and diversity of Federal investment in vehicle technologies; and (9) to strengthen partnerships between Federal and State governmental agencies and the private and academic sectors. 4. Coordination and nonduplication The Secretary shall ensure, to the maximum extent practicable, that the activities authorized by this Act do not duplicate those of other programs within the Department or other relevant research agencies. 5. Authorization of appropriations There are authorized to be appropriated to the Secretary for research, development, engineering, demonstration, and commercial application of vehicles and related technologies in the United States, including activities authorized under this Act— (1) for fiscal year 2023, $313,567,000; (2) for fiscal year 2024, $326,109,000; (3) for fiscal year 2025, $339,154,000; (4) for fiscal year 2026, $352,720,000; and (5) for fiscal year 2027, $366,829,000. 6. Reporting (a) Technologies developed Not later than 18 months after the date of enactment of this Act and annually thereafter through 2027, the Secretary shall submit to Congress a report regarding the technologies developed as a result of the activities authorized by this Act, with a particular emphasis on whether the technologies were successfully adopted for commercial applications, and if so, whether products relying on those technologies are manufactured in the United States. (b) Additional matters At the end of each fiscal year through 2027, the Secretary shall submit to the relevant Congressional committees of jurisdiction an annual report describing activities undertaken in the previous year under this Act, active industry participants, the status of public-private partnerships, progress of the program in meeting goals and timelines, and a strategic plan for funding of activities across agencies. 7. Vehicle research and development (a) Program (1) Activities The Secretary shall conduct a program of basic and applied research, development, engineering, demonstration, and commercial application activities on materials, technologies, and processes with the potential to substantially reduce petroleum use and the emissions of the passenger and commercial vehicles of the United States, including activities in the areas of— (A) electrification of vehicle systems; (B) batteries, ultracapacitors, and other energy storage devices; (C) power electronics; (D) vehicle, component, and subsystem manufacturing technologies and processes; (E) engine efficiency and combustion optimization; (F) waste heat recovery; (G) transmission and drivetrains; (H) hydrogen vehicle technologies, including fuel cells and internal combustion engines, and hydrogen infrastructure, including hydrogen energy storage to enable renewables and provide hydrogen for fuel and power; (I) natural gas vehicle technologies; (J) aerodynamics, rolling resistance (including tires and wheel assemblies), and accessory power loads of vehicles and associated equipment; (K) vehicle weight reduction, including lightweighting materials and the development of manufacturing processes to fabricate, assemble, and use dissimilar materials; (L) friction and wear reduction; (M) engine and component durability; (N) innovative propulsion systems; (O) advanced boosting systems; (P) hydraulic hybrid technologies; (Q) engine compatibility with and optimization for a variety of transportation fuels including natural gas and other liquid and gaseous fuels; (R) predictive engineering, modeling, and simulation of vehicle and transportation systems; (S) refueling and charging infrastructure for alternative fueled and electric or plug-in electric hybrid vehicles, including the unique challenges facing rural areas; (T) gaseous fuels storage systems and system integration and optimization; (U) sensing, communications, and actuation technologies for vehicle, electrical grid, and infrastructure; (V) efficient use, substitution, and recycling of potentially critical materials in vehicles, including rare earth elements and precious metals, at risk of supply disruption; (W) aftertreatment technologies; (X) thermal management of battery systems; (Y) retrofitting advanced vehicle technologies to existing vehicles; (Z) development of common standards, specifications, and architectures for both transportation and stationary battery applications; (AA) advanced internal combustion engines; (BB) mild hybrid; (CC) engine down speeding; (DD) vehicle-to-vehicle, vehicle-to-pedestrian, and vehicle-to-infrastructure technologies; and (EE) other research areas as determined by the Secretary. (2) Transformational technology The Secretary shall ensure that the Department continues to support research, development, engineering, demonstration, and commercial application activities and maintains competency in mid- to long-term transformational vehicle technologies with potential to achieve reductions in emissions, including activities in the areas of— (A) hydrogen vehicle technologies, including fuel cells, hydrogen storage, infrastructure, and activities in hydrogen technology validation and safety codes and standards; (B) multiple battery chemistries and novel energy storage devices, including nonchemical batteries and electromechanical storage technologies such as hydraulics, flywheels, and compressed air storage; (C) communication and connectivity among vehicles, infrastructure, and the electrical grid; and (D) other innovative technologies research and development, as determined by the Secretary. (3) Industry participation (A) In general To the maximum extent practicable, activities under this Act shall be carried out in partnership or collaboration with automotive manufacturers, heavy commercial, vocational, and transit vehicle manufacturers, qualified plug-in electric vehicle manufacturers, compressed natural gas vehicle manufacturers, vehicle and engine equipment and component manufacturers, manufacturing equipment manufacturers, advanced vehicle service providers, fuel producers and energy suppliers, electric utilities, universities, national laboratories, and independent research laboratories. (B) Requirements In carrying out this Act, the Secretary shall— (i) determine whether a wide range of companies that manufacture or assemble vehicles or components in the United States are represented in ongoing public-private partnership activities, including firms that have not traditionally participated in federally sponsored research and development activities, and where possible, partner with such firms that conduct significant and relevant research and development activities in the United States; (ii) leverage the capabilities and resources of, and formalize partnerships with, industry-led stakeholder organizations, nonprofit organizations, industry consortia, and trade associations with expertise in the research and development of, and education and outreach activities in, advanced automotive and commercial vehicle technologies; (iii) develop more effective processes for transferring research findings and technologies to industry; (iv) support public-private partnerships, dedicated to overcoming barriers in commercial application of transformational vehicle technologies, that use such industry-led technology development facilities of entities with demonstrated expertise in successfully designing and engineering pre-commercial generations of such transformational technology; and (v) promote efforts to ensure that technology research, development, engineering, and commercial application activities funded under this Act are carried out in the United States. (4) Interagency and intraagency coordination To the maximum extent practicable, the Secretary shall coordinate research, development, demonstration, and commercial application activities among— (A) relevant programs within the Department, including— (i) the Office of Energy Efficiency and Renewable Energy; (ii) the Office of Science; (iii) the Office of Electricity Delivery and Energy Reliability; (iv) the Office of Fossil Energy; (v) the Advanced Research Projects Agency—Energy; and (vi) other offices as determined by the Secretary; and (B) relevant technology research and development programs within other Federal agencies, as determined by the Secretary. (5) Federal demonstration of technologies The Secretary shall make information available to procurement programs of Federal agencies regarding the potential to demonstrate technologies resulting from activities funded through programs under this Act. (6) Intergovernmental coordination The Secretary shall seek opportunities to leverage resources and support initiatives of State and local governments in developing and promoting advanced vehicle technologies, manufacturing, and infrastructure. (7) Criteria In awarding grants under the program under this subsection, the Secretary shall give priority to those technologies (either individually or as part of a system) that— (A) provide the greatest aggregate fuel savings based on the reasonable projected sales volumes of the technology; and (B) provide the greatest increase in United States employment. (8) Secondary use applications (A) In general The Secretary shall carry out a research, development, and demonstration program that— (i) builds on any work carried out under section 915 of the Energy Policy Act of 2005 ( 42 U.S.C. 16195 ); (ii) identifies possible uses of a vehicle battery after the useful life of the battery in a vehicle has been exhausted; (iii) conducts long-term testing to verify performance and degradation predictions and lifetime valuations for secondary uses; (iv) evaluates innovative approaches to recycling materials from plug-in electric drive vehicles and the batteries used in plug-in electric drive vehicles; (v) (I) assesses the potential for markets for uses described in clause (ii) to develop; and (II) identifies any barriers to the development of those markets; and (vi) identifies the potential uses of a vehicle battery— (I) with the most promise for market development; and (II) for which market development would be aided by a demonstration project. (B) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress an initial report on the findings of the program described in subparagraph (A), including recommendations for stationary energy storage and other potential applications for batteries used in plug-in electric drive vehicles. (C) Secondary use demonstration (i) In general Based on the results of the program described in subparagraph (A), the Secretary shall develop guidelines for projects that demonstrate the secondary uses and innovative recycling of vehicle batteries. (ii) Publication of guidelines Not later than 18 months after the date of enactment of this Act, the Secretary shall— (I) publish the guidelines described in clause (i); and (II) solicit applications for funding for demonstration projects. (iii) Pilot demonstration program Not later than 21 months after the date of enactment of this Act, the Secretary shall select proposals for grant funding under this subsection, based on an assessment of which proposals are mostly likely to contribute to the development of a secondary market for batteries. (b) Manufacturing The Secretary shall carry out a research, development, engineering, demonstration, and commercial application program of advanced vehicle manufacturing technologies and practices, including innovative processes— (1) to increase the production rate and decrease the cost of advanced battery and fuel cell manufacturing; (2) to vary the capability of individual manufacturing facilities to accommodate different battery chemistries and configurations; (3) to reduce waste streams, emissions, and energy intensity of vehicle, engine, advanced battery, and component manufacturing processes; (4) to recycle and remanufacture used batteries and other vehicle components for reuse in vehicles or stationary applications; (5) to develop manufacturing processes to effectively fabricate, assemble, and produce cost-effective lightweight materials such as advanced aluminum and other metal alloys, polymeric composites, and carbon fiber for use in vehicles; (6) to produce lightweight high pressure storage systems for gaseous fuels; (7) to design and manufacture purpose-built hydrogen fuel cell vehicles and components; (8) to improve the calendar life and cycle life of advanced batteries; and (9) to produce permanent magnets for advanced vehicles. 8. Medium- and heavy-duty commercial and transit vehicles program The Secretary, in partnership with relevant research and development programs in other Federal agencies, and a range of appropriate industry stakeholders, shall carry out a program of cooperative research, development, demonstration, and commercial application activities on advanced technologies for medium- to heavy-duty commercial, vocational, recreational, and transit vehicles, including activities in the areas of— (1) engine efficiency and combustion research; (2) onboard storage technologies for compressed and liquefied natural gas; (3) development and integration of engine technologies designed for natural gas operation of a variety of vehicle platforms; (4) waste heat recovery and conversion; (5) improved aerodynamics and tire rolling resistance; (6) energy and space-efficient emissions control systems; (7) mild hybrid, heavy hybrid, hybrid hydraulic, plug-in hybrid, and electric platforms, and energy storage technologies; (8) drivetrain optimization; (9) friction and wear reduction; (10) engine idle and parasitic energy loss reduction; (11) electrification of accessory loads; (12) onboard sensing and communications technologies; (13) advanced lightweighting materials and vehicle designs; (14) increasing load capacity per vehicle; (15) thermal management of battery systems; (16) recharging infrastructure; (17) compressed natural gas infrastructure; (18) advanced internal combustion engines; (19) complete vehicle and power pack modeling, simulation, and testing; (20) hydrogen vehicle technologies, including fuel cells and internal combustion engines, and hydrogen infrastructure, including hydrogen energy storage to enable renewables and provide hydrogen for fuel and power; (21) retrofitting advanced technologies onto existing truck fleets; (22) advanced boosting systems; (23) engine down speeding; and (24) integration of these and other advanced systems onto a single truck and trailer platform. 9. Class 8 truck and trailer systems demonstration (a) In general The Secretary shall conduct a competitive grant program to demonstrate the integration of multiple advanced technologies on Class 8 truck and trailer platforms, including a combination of technologies listed in section 8. (b) Applicant teams Applicant teams may be comprised of truck and trailer manufacturers, engine and component manufacturers, fleet customers, university researchers, and other applicants as appropriate for the development and demonstration of integrated Class 8 truck and trailer systems. 10. Technology testing and metrics The Secretary, in coordination with the partners of the interagency research program described in section 8— (1) shall develop standard testing procedures and technologies for evaluating the performance of advanced heavy vehicle technologies under a range of representative duty cycles and operating conditions, including for heavy hybrid propulsion systems; (2) shall evaluate heavy vehicle performance using work performance-based metrics other than those based on miles per gallon, including those based on units of volume and weight transported for freight applications, and appropriate metrics based on the work performed by nonroad systems; and (3) may construct heavy duty truck and bus testing facilities. 11. Nonroad systems pilot program The Secretary shall undertake a pilot program of research, development, demonstration, and commercial applications of technologies to improve total machine or system efficiency for nonroad mobile equipment including agricultural, construction, air, and sea port equipment, and shall seek opportunities to transfer relevant research findings and technologies between the nonroad and on-highway equipment and vehicle sectors. 12. Repeal of existing authorities (a) In general Sections 706, 711, 712, and 933 of the Energy Policy Act of 2005 ( 42 U.S.C. 16051 , 16061, 16062, 16233) are repealed. (b) Energy efficiency Section 911 of the Energy Policy Act of 2005 ( 42 U.S.C. 16191 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by striking vehicles, buildings, and inserting buildings ; and (B) in paragraph (2)— (i) by striking subparagraph (A); and (ii) by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; and (2) in subsection (c)— (A) by striking paragraph (3); (B) by redesignating paragraph (4) as paragraph (3); and (C) in paragraph (3) (as so redesignated), by striking (a)(2)(D) and inserting (a)(2)(C) . | https://www.govinfo.gov/content/pkg/BILLS-117s3543is/xml/BILLS-117s3543is.xml |
117-s-3544 | II 117th CONGRESS 2d Session S. 3544 IN THE SENATE OF THE UNITED STATES February 1, 2022 Ms. Hassan (for herself, Mr. Casey , Mr. Van Hollen , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize funding for section 619 and part C of the Individuals with Disabilities Education Act.
1. Short title This Act may be cited as the Funding Early Childhood is the Right IDEA Act . 2. Findings Congress finds the following: (1) High-quality early intervention and preschool special education services can change a child’s developmental trajectory and improve outcomes for children, families, and communities. (2) Part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ) authorizes a grant program to aid each State in implementing a system of early intervention services for infants and toddlers with disabilities and their families. (3) Funding for such part C ( 20 U.S.C. 1431 et seq. ) has eroded significantly in the last two decades, from a high of $1,768 per child in 1999 to $645 per child in 2017, adjusted for inflation. (4) Section 619 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ) authorizes grants to States for preschool programs serving children with disabilities ages three to five. (5) Funding for such section 619 ( 20 U.S.C. 1419 ) has eroded significantly in the last 25 years, from a high of $1,484 per child in 1992, to $529 in 2017, adjusted for inflation. (6) Infants, toddlers, and preschool children, and their schools would benefit from additional funding to restore per child amounts under part C and section 619 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ; 1419) to ensure continued delivery of high-quality early intervention and preschool special education services. 3. Authorization of appropriations for section 619 of the IDEA Section 619(j) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419(j) ) is amended to read as follows: (j) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $502,600,000 for fiscal year 2023; (2) $683,500,000 for fiscal year 2024; (3) $829,700,000 for fiscal year 2025; (4) $975,900,000 for fiscal year 2026; and (5) $1,220,000,000 for fiscal year 2027. . 4. Authorization of appropriations for part C of the IDEA Section 644 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1444 ) is amended to read as follows: 644. Authorization of appropriations For the purpose of carrying out this part, there are authorized to be appropriated— (1) $731,900,000 for fiscal year 2023; (2) $974,800,000 for fiscal year 2024; (3) $1,227,400,000 for fiscal year 2025; (4) $1,480,000,000 for fiscal year 2026; and (5) $ 1,731,000,000 for fiscal year 2027. . | https://www.govinfo.gov/content/pkg/BILLS-117s3544is/xml/BILLS-117s3544is.xml |
117-s-3545 | II 117th CONGRESS 2d Session S. 3545 IN THE SENATE OF THE UNITED STATES February 1, 2022 Mr. McConnell (for himself, Mr. Paul , Mr. Lee , Ms. Sinema , Mr. Braun , and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Director of the Bureau of Prisons to be appointed by and with the advice and consent of the Senate.
1. Short title This Act may be cited as the Federal Prisons Accountability Act of 2022 . 2. Findings Congress finds the following: (1) The Director of the Bureau of Prisons leads a law enforcement component of the Department of Justice with a budget that exceeded $7,000,000,000 for fiscal year 2018. (2) With the exception of the Federal Bureau of Investigation, the Bureau of Prisons had the largest operating budget of any unit within the Department of Justice for fiscal year 2018. (3) As of 2019, the Director of the Bureau of Prisons oversaw 122 facilities and was responsible for the welfare of more than 176,000 Federal inmates. (4) As of 2019, the Director of the Bureau of Prisons supervised more than 36,000 employees, many of whom operate in hazardous environments that involve regular interaction with violent offenders. (5) Within the Department of Justice, in addition to those officials who oversee litigating components, the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Director of the Community Relations Service, the Director of the Federal Bureau of Investigation, the Director of the Office on Violence Against Women, the Administrator of the Drug Enforcement Administration, the Deputy Administrator of the Drug Enforcement Administration, the Director of the United States Marshals Service, 94 United States Marshals, the Inspector General of the Department of Justice, and the Special Counsel for Immigration Related Unfair Employment Practices, are all appointed by the President by and with the advice and consent of the Senate. (6) Despite the significant budget of the Bureau of Prisons and the vast number of people under the responsibility of the Director of the Bureau of Prisons, the Director is not appointed by and with the advice and consent of the Senate. 3. Director of the Bureau of Prisons (a) In general Section 4041 of title 18, United States Code, is amended by striking appointed by and serving directly under the Attorney General. and inserting the following: who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall serve directly under the Attorney General. . (b) Incumbent Notwithstanding the amendment made by subsection (a), the individual serving as the Director of the Bureau of Prisons on the date of enactment of this Act may serve as the Director of the Bureau of Prisons until the date that is 3 months after the date of enactment of this Act. (c) Rule of construction Nothing in this Act shall be construed to limit the ability of the President to appoint the individual serving as the Director of the Bureau of Prisons on the date of enactment of this Act to the position of Director of the Bureau of Prisons in accordance with section 4041 of title 18, United States Code, as amended by subsection (a). (d) Term (1) In general Section 4041 of title 18, United States Code, as amended by subsection (a), is amended by inserting after consent of the Senate. the following: The Director shall be appointed for a term of 10 years, except that an individual appointed to the position of Director may continue to serve in that position until another individual is appointed to that position, by and with the advice and consent of the Senate. An individual may not serve more than 1 term as Director. . (2) Applicability The amendment made by paragraph (1) shall apply to appointments made on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3545is/xml/BILLS-117s3545is.xml |
117-s-3546 | II 117th CONGRESS 2d Session S. 3546 IN THE SENATE OF THE UNITED STATES February 1, 2022 Mr. Hagerty (for himself, Mr. Tillis , Ms. Lummis , Ms. Ernst , Mr. Cruz , Mr. Cramer , Mr. Braun , Mr. Rubio , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to repeal the amendments made to reporting of third party network transactions by the American Rescue Plan Act of 2021.
1. Short title This Act may be cited as the Stop the Nosy Obsession with Online Payments Act of 2022 or the SNOOP Act of 2022 . 2. Repeal of modification of exceptions for reporting of third party network transactions (a) In general Section 6050W(e) of the Internal Revenue Code of 1986 is amended to read as follows: (e) Exception for de minimis payments by third party settlement organizations A third party settlement organization shall be required to report any information under subsection (a) with respect to third party network transactions of any participating payee only if— (1) the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions exceeds $20,000, and (2) the aggregate number of such transactions exceeds 200. . (b) Conforming amendment Section 6050W(c)(3) of the Internal Revenue Code of 1986 is amended by striking described in subsection (d)(3)(A)(iii) . (c) Effective date (1) In general The amendment made by subsection (a) shall apply to returns for calendar years beginning after December 31, 2021. (2) Clarification The amendment made by subsection (b) shall apply to transactions after the date of the enactment of the American Rescue Plan Act of 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3546is/xml/BILLS-117s3546is.xml |
117-s-3547 | II 117th CONGRESS 2d Session S. 3547 IN THE SENATE OF THE UNITED STATES February 1, 2022 Mr. Booker (for himself, Mr. Van Hollen , Mr. Brown , Ms. Klobuchar , Mr. Cardin , Mr. Menendez , Mrs. Feinstein , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To authorize the Director of the National Museum of African American History and Culture to support African American history education programs, and for other purposes.
1. Short title This Act may be cited as the African American History Act . 2. Definitions In this Act: (1) African American history The term African American history means the history of African Americans, including the history of African peoples beginning in the African diaspora through the present day, that illuminates the passage to the Americas, slavery, abolition, reconstruction, and the civil rights movements. This history also includes a focus on the innovations and contributions of African Americans to society both past and present, and the impact of African Americans on the history and development of the United States. (2) African American history education program The term African American history education program means an educational program relating to African American life, art, history, and culture, including programs— (A) using digital, electronic, and interactive technologies; and (B) carried out in collaboration with elementary schools, secondary schools, and postsecondary schools. (3) Director The term Director means the Director of the National Museum of African American History and Culture. (4) ESEA terms The terms early childhood education program , elementary school , local educational agency , and secondary school have the meaning given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 3. Program authorized (a) In general The Director, in accordance with any program of the National Museum of African American History and Culture established before, on, or after the date of the enactment of this Act, may use the funds appropriated under section 5 to carry out any of the following activities at the discretion of the Director: (1) Developing and making available accurate, relevant, and accessible resources to promote the understanding of African American history, which may include digital resources and other types of resources, such as print resources and traveling exhibitions. (2) Through a social justice and anti-bias lens, convening experts, providing opportunities for discourse, and engaging with the public through programming, educational resources, and social media. (3) Through a social justice and anti-bias lens, increasing resource capacity, technical support, and content creation to engage various audiences in-person and via online platforms. (4) Creating, expanding, and disseminating scholarly work through research, curricula, in-house and traveling exhibitions, publications, and programming. (5) Providing language translation of the work of the National Museum of African American History and Culture, including scholarly work, research, traveling exhibitions, publications, programming, pamphlets, and other information distributed about activities funded under this Act. (6) Expanding the collection acquisition and collection access processes, including staffing, conservation, processing, and digitization. (7) Augmenting one or more of the following African American history education program activities: (A) Development, dissemination, and implementation of principles of sound pedagogy for teaching about African American history. (B) Provision of professional development, such as, but not limited to, through— (i) local, regional, and national workshops; (ii) teacher trainings or engagements in conjunction with African American history education centers and other appropriate partners; (iii) engagement with— (I) local educational agencies; and (II) early childhood education programs, elementary schools, and secondary schools that are independent of any local educational agency; and (iv) operation and expansion of a teacher fellowship program to cultivate and support leaders in African American history education. (C) Engagement with State and local education leaders to encourage the adoption of resources supported under this Act into curricula across diverse disciplines. (8) Creating, developing, implementing, replicating, or taking to scale entrepreneurial, evidence-based, field-initiated innovations for museum improvement, and evaluating rigorously such innovations. (b) Online African American history education resources (1) Website The Director may use the funds appropriated under section 5 to develop and maintain on the website of the National Museum of African American History and Culture content designated for educators, students, and families to improve their awareness and understanding of African American history. (2) Information distribution The Director may use funds appropriated under section 5 to distribute information about the activities funded under this Act through the website of the National Museum of African American History and Culture, and may respond to inquiries for supplementary information concerning such activities. (c) Continuation of activities To the extent that the National Museum of African American History and Culture is engaged in an activity described in subsection (a) or (b) on the date of the enactment of this Act, the Director may use the funds appropriated under section 5 to continue that activity. 4. Annual report and briefings (a) Report Not later than February 1 of each year, the Director shall submit to Congress, and make available to the public, a report describing how the funds made available under this Act have been used— (1) to create and promote educational activities; and (2) otherwise to carry out this Act. (b) Briefings Not later than 6 months after the date on which funding is first distributed under this Act, and annually thereafter, the Director or the Director’s designee shall brief the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives on the programs and activities carried out under this Act. (c) Sunset Subsections (a) and (b) shall cease to be effective on September 30, 2026. 5. Authorization of appropriations There are authorized to be appropriated to carry out this Act $2,000,000 for fiscal year 2022 and each of the 4 succeeding fiscal years. | https://www.govinfo.gov/content/pkg/BILLS-117s3547is/xml/BILLS-117s3547is.xml |
117-s-3548 | II 117th CONGRESS 2d Session S. 3548 IN THE SENATE OF THE UNITED STATES February 1, 2022 Ms. Smith (for herself and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to establish a presumption of service-connection for certain veterans with tinnitus or hearing loss, and for other purposes.
1. Short title This Act may be cited as the Veterans Hearing Benefits Act of 2022 . 2. Presumption of service-connection for hearing loss and tinnitus Section 1112 of title 38, United States Code, is amended by adding at the end the following new subsection: (d) (1) For purposes of section 1110 of this title, and subject to the provisions of section 1113 of this title, diagnosed hearing loss, tinnitus, or both of a veteran described in paragraph (2) shall be considered to have been incurred in or aggravated by the active military, naval, or air service of the veteran, notwithstanding that there is no record of evidence of such hearing loss or tinnitus, as the case may be, during the period of such service. (2) A veteran described in this paragraph is a veteran who while on active military, naval, or air service— (A) was assigned to a military occupational specialty or equivalent described in paragraph (3); or (B) served in combat. (3) A military occupational specialty or equivalent referred to in paragraph (2)(A) is a military occupational specialty or equivalent in which individuals assigned to such military occupational specialty or equivalent in the active military, naval, or air service are or were likely to be exposed to a sufficiently high level of acoustic trauma as to result in permanent hearing loss, tinnitus, or both, as determined by the Secretary. . 3. Modification to schedule for rates for disability compensation Pursuant to section 1155 of title 38, United States Code, the Secretary of Veterans Affairs shall adjust the schedule of rating disabilities to establish a minimum disability rating for a veteran who requires a hearing aid because of a service-connected disability, including pursuant to section 1112(d) of such title, as amended by section 2. | https://www.govinfo.gov/content/pkg/BILLS-117s3548is/xml/BILLS-117s3548is.xml |
117-s-3549 | II 117th CONGRESS 2d Session S. 3549 IN THE SENATE OF THE UNITED STATES February 1, 2022 Mr. Tester (for himself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require original equipment manufacturers to make available certain documentation, parts, software, and tools with respect to electronics-enabled implements of agriculture, and for other purposes.
1. Short title This Act may be cited as the Agricultural Right to Repair Act . 2. Definitions In this Act: (1) Authorized repair provider The term authorized repair provider — (A) means, with respect to an electronics-enabled implement of agriculture of an original equipment manufacturer, a person that has an arrangement with an OEM under which the OEM grants such person a license to use a trade name, service mark, or other proprietary identifier for the purposes of offering diagnosis, maintenance, or repair services for the electronics-enabled implement of agriculture on behalf of such person or the OEM; and (B) includes, with respect to digital electronic equipment, an OEM who offers diagnosis, maintenance, or repair services for the digital electronic equipment that the OEM manufactures or offers for sale. (2) Commonly available The term commonly available means any item that is commercially available for purchase from more than a single seller and is not solely made available by an OEM for use on such OEM's products. (3) Digital electronic equipment; equipment The term digital electronic equipment or equipment means any product that depends for its functioning, in whole or in part, on digital electronics embedded in or attached to the product. (4) Documentation The term documentation means any manual, diagram, reporting output, service code description, schematic, library of diagnosed issues, software bill of material, or other guidance or information used in effecting the services of diagnosis, maintenance, or repair of an electronics-enabled implement of agriculture. (5) Electronics-enabled implement of agriculture The term electronics-enabled implement of agriculture means equipment that— (A) is designed for agricultural purposes; (B) is exclusively used by the owner of the equipment in the conduct of the agricultural operations of the owner; and (C) depends for its functioning, in whole or in part, on digital electronic equipment. (6) Embedded software The term embedded software means a programmable instruction provided on firmware delivered with an electronics-enabled implement of agriculture. (7) Fair and reasonable terms The term fair and reasonable terms means, with respect to a part, tool, software, or documentation offered by an OEM: (A) In general (i) Costs Costs that are equivalent to the lowest actual cost for which the OEM offers the part, tool, software, or documentation to an authorized repair provider, including any discount, rebate, or other financial incentive offered to an authorized repair provider. (ii) Terms Terms that— (I) are equivalent to the most favorable terms under which an OEM offers the part, tool, software, or documentation to an authorized repair provider, including the methods and timeliness of delivery of the part, tool, software, or documentation; (II) do not impose on an owner or an independent repair provider any substantial obligation to use or any restriction on the use of the part, tool, software, or documentation to diagnose, maintain, or repair an electronics-enabled implement of agriculture made by the OEM, including a condition that the owner or independent repair provider become an authorized repair provider or a requirement that a part or tool be registered, paired with, or approved by the OEM or an authorized repair provider before such part or tool is operational; and (III) prohibit an OEM or an authorized repair provider from imposing any additional cost or burden that is not reasonably necessary or is designed to be an impediment on the owner or independent repair provider. (B) For documentation With respect to documentation, that the documentation is made available by the OEM at no charge, except that, when the documentation is requested in physical printed form, a charge may be included for the reasonable actual costs of preparing and sending the copy. (C) For software tools With respect to a software tool, that the software tool is made available by the OEM at no charge and without requiring authorization or internet access for use or operation of the software tool, or imposing impediments to access or use (such as not making the software tool available for download, and, upon request, delivery via physical storage media), in the course of using the tool to diagnose, maintain, or repair and enable full functionality of an electronics-enabled implement of agriculture, or in a manner that impairs the efficient and cost-effective performance of any such diagnosis, maintenance, or repair. (8) Firmware The term firmware means a software program or set of instructions programmed on an electronics-enabled implement of agriculture, or on a part for such equipment, to allow the equipment or part to communicate within a networked product or system or with other computer hardware, including any relevant patch or fix made by the OEM of such equipment or part. (9) Independent repair provider The term independent repair provider means, with respect to an electronics-enabled implement of agriculture, a person who— (A) is not an authorized repair provider of the electronics-enabled implement of agriculture; and (B) provides diagnosis, maintenance, or repair services for the electronics-enabled implement of agriculture. (10) Original equipment manufacturer; OEM The term original equipment manufacturer or OEM means any person that manufactures an electronics-enabled implement of agriculture and sells, leases, or otherwise supplies such implement to any other person. (11) Owner The term owner means any person that owns or leases an electronics-enabled implement of agriculture other than the OEM of such electronics-enabled implement of agriculture. (12) Part The term part means any component or subcomponent of an electronics-enabled implement of agriculture that is sold, supplied, or otherwise made available by an OEM for purposes of maintaining, repairing, or diagnosing such electronics-enabled implement of agriculture. (13) Software bill of material The term software bill of material means a formal record containing the details and supply chain relationships of various components used in building software. (14) Tool The term tool means any software program (including any software update), hardware implement, or other apparatus used for repair-related diagnostic testing, maintenance, or repair of an electronics-enabled implement of agriculture, including software or any other mechanism that provisions the implement, programs the implement, pairs a new part, calibrates functionality, or performs any other function required to bring the implement back to fully functional condition. (15) Trade secret The term trade secret has the meaning given such term in section 1839 of title 18, United States Code. 3. Requirements for OEMs (a) Fair and reasonable terms An original equipment manufacturer shall make available, on fair and reasonable terms, to any owner or independent repair provider any documentation, part, software, or tool required to diagnose, maintain, or repair digital electronic equipment for any electronics-enabled implement of agriculture. (b) Disabling security functions An OEM shall make available to any owner or independent repair provider, on fair and reasonable terms, any documentation, part, software, or tool required to disable or enable an electronic security lock or other security-related function of an electronics-enabled implement of agriculture. (c) Interaction with copyright laws (1) In general Notwithstanding section 1201(a) of title 17, United States Code, a person may circumvent a technological measure that effectively controls access to a work protected under such title in connection with an activity protected under this Act if the purpose of such circumvention is to— (A) diagnose, maintain, upgrade, reprogram, or repair an electronics-enabled implement of agriculture; (B) enable interoperability with any computer program or device used in an electronics-enabled implement of agriculture; (C) conduct security research relating to an electronics-enabled implement of agriculture; or (D) enable non-infringing modification of any computer program or device used in an electronics-enabled implement of agriculture. (2) Access to tools Notwithstanding section 1201(a) of title 17, United States Code, a person may manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of or use in circumventing a technological measure that effectively controls access to a work protected under such title for the purposes described in paragraph (1). (d) Ensuring common availability (1) In general Notwithstanding any provision of title 17 or 35, United States Code, at such time as an OEM stops offering any documentation, part, software, or tool to any authorized repair provider, any copyright or patent held by the OEM with respect to such documentation, part, software, or tool shall be placed in the public domain. (2) Replacement An OEM shall ensure that any part required by the OEM's electronics-enabled implement of agriculture can be replaced without causing damage to the equipment using— (A) a commonly available tool; or (B) a tool that is not commonly available that is made available to owners or independent repair providers by the OEM on fair and reasonable terms. 4. Enforcement (a) Unfair or deceptive acts or practices A violation of section 3 or a regulation promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Powers of the Commission (1) In general The Commission shall enforce this Act and any regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities Any person who violates section 3 or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. 5. Rulemaking The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act. 6. Limitations Nothing in this Act shall be construed— (1) to require an OEM to divulge trade secrets to an owner or an independent service provider, except as necessary to provide access to any necessary repair material or process on fair and reasonable terms; (2) to alter the terms of an agreement between an OEM and an authorized repair provider, except with respect to any provision of such an agreement that would limit the obligations of an OEM under this Act; (3) to require an authorized repair provider to make any documentation, part, or tool relating to an electronics-enabled implement of agriculture available on fair and reasonable terms unless the authorized repair provider is the OEM of such implement; (4) to require an OEM to provide any part or equipment solely used in the development of their products; or (5) to allow— (A) any modification that permanently deactivates a safety notification system when an electronics-enabled implement of agriculture is being repaired; (B) access to any function of a tool that enables the owner or independent repair provider to change the settings of an electronics-enabled implement of agriculture so as to bring the equipment permanently out of compliance with any applicable safety or emissions laws; (C) the evasion of emissions laws or copyright laws; or (D) any other illegal modification activities. | https://www.govinfo.gov/content/pkg/BILLS-117s3549is/xml/BILLS-117s3549is.xml |
117-s-3550 | II 117th CONGRESS 2d Session S. 3550 IN THE SENATE OF THE UNITED STATES February 1, 2022 Mr. Sasse introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit Members of Congress from buying or selling individual securities and lobbying for compensation after leaving Congress, and for other purposes.
1. Short title This Act may be cited as the Ethics Reform Act . 2. Prohibition on buying or selling individual securities (a) In general No Member of Congress may buy or sell any individual security. (b) Widely held investment funds Subsection (a) shall not apply to the buying or selling of any widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (c) Penalty Whoever violates this section shall be fined not more than $1,000,000, imprisoned for not more than 5 years, or both. 3. Lobbying for compensation ban (a) Purpose The purpose of this section is to prohibit Members of Congress from lobbying for compensation after leaving Congress. (b) Prohibition No individual serving as a Member of Congress on or after the date of enactment of this Act shall, upon the completion of the term of office of the Member of Congress, accept compensation for offering any advice or engaging in written or oral communication with regard to— (1) the formulation, modification, or adoption of Federal legislation (including legislative proposals); (2) the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, policy, or position of the United States Government; (3) the administration or execution of a Federal program or policy (including the negotiation, award, or administration of a Federal contract, grant, loan, permit, or license); (4) the nomination or confirmation of an individual for a position subject to confirmation by the Senate; or (5) the representation of any party in a pending matter involving the Federal Government before a Federal court or in a Federal administrative proceeding. (c) Exception Subsection (b) shall not apply to full-time employment by or elected service in Federal, State, or local government, unless the activities described in that subsection constitute a primary responsibility of employment. (d) Penalty Whoever violates this section shall be fined the greater of not greater than $1,000,000 or the value of the compensation received by the individual, imprisoned for not more than 5 years, or both. 4. Prohibition on immediate family members of certain covered officials soliciting or otherwise raising funds from certain foreign entities (a) Definitions In this section: (1) Close associate The term close associate means, with respect to a senior foreign political figure, an individual who is widely and publicly known to maintain a close relationship with the senior foreign political figure, unless it is established that such individual is a citizen of and domiciled within the United States. (2) Covered foreign entity The term covered foreign entity means— (A) a government of a foreign country; (B) a foreign political party; or (C) any entity that is owned or controlled by a government of a foreign country or a foreign political party. (3) Covered official The term covered official means— (A) the President; (B) the Vice President; and (C) the head of a relevant agency or department. (4) Foreign political party; government of a foreign country The terms foreign political party and government of a foreign country have the meanings given those terms in section 1 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 ). (5) Immediate family member of a covered official The term immediate family member of a covered official means, with respect to a covered official, a sibling, spouse, or child of the covered official. (6) Immediate family member of a senior foreign political figure The term immediate family member of a senior foreign political figure means, with respect to a senior foreign political figure, a sibling, spouse, or child of the senior foreign political figure, unless it is established that such sibling, spouse, or child is a citizen of and domiciled within the United States. (7) Relevant agency or department The term relevant agency or department means— (A) the Environmental Protection Agency; or (B) an Executive department , as defined in section 101 of title 5, United States Code. (8) Senior foreign political figure The term senior foreign political figure means— (A) a senior official in any branch of the government of a foreign country; or (B) a senior official of a foreign political party. (b) Prohibition During the period in which an individual is serving as a covered official, the covered official or the immediate family member of the covered official may not solicit or otherwise raise funds for any purpose from any— (1) covered foreign entity; (2) senior foreign political figure; (3) immediate family member of a senior foreign political figure; (4) close associate of a senior foreign political figure; or (5) entity that is owned or controlled by an individual described in paragraph (2), (3), or (4). (c) Penalties Whoever knowingly fails to comply with this section shall be fined not more than $1,000,000, imprisoned not more than 5 years, or both. (d) Effective date This section shall take effect on the date that is 30 days after the date of enactment of this Act. 5. Disclosure of returns and return information of candidates for President and Vice President of the United States (a) In general Subsection (k) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (16) Disclosure of returns and return information of candidates for President and Vice President of the United States (A) In general The Secretary shall disclose and make publicly available returns and return information, except as provided in subparagraphs (B) and (C), of any candidate (as defined in section 9002(2)). (B) Exceptions The information disclosed under subparagraph (A) shall not include the social security number of any individual, any financial account number, the name of any individual under age 18, or any home address of any individual (other than the city and State in which such address is located). (C) Scope Subparagraph (A) shall apply to any return, and return information included on any return, which is filed within the 10 taxable years preceding the year in which the individual becomes a candidate (as so defined). . (b) Effective date The amendment made by this section shall apply to individuals becoming a candidate (within the meaning of section 9002(2) of the Internal Revenue Code of 1986) after the date of enactment of this Act. 6. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda (a) In general Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) ) is amended by striking election; and inserting election, including a State or local ballot initiative or referendum; . (b) Effective date The amendment made by this section shall apply with respect to elections held in 2023 or any succeeding year. | https://www.govinfo.gov/content/pkg/BILLS-117s3550is/xml/BILLS-117s3550is.xml |
117-s-3551 | II 117th CONGRESS 2d Session S. 3551 IN THE SENATE OF THE UNITED STATES February 1, 2022 Mr. Daines (for himself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Agriculture and the Secretary of the Interior to carry out certain activities to enhance recreational opportunities for gateway communities, and for other purposes.
1. Short title This Act may be cited as the Gateway Community and Recreation Enhancement Act . 2. Definitions In this Act: (1) Gateway community The term gateway community means a community that serves as an entry point or is adjacent to a recreation destination (including a recreation destination on Federal land) at which there is consistently high, in the determination of the Secretaries, seasonal or year-round visitation. (2) Secretaries The term Secretaries means— (A) the Secretary of the Interior; and (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. 3. Visitation pilot program (a) In general Not later than 2 years after the date of enactment of this Act, using existing funds available to the Secretaries, the Secretaries, in partnership with gateway communities, State and local outdoor recreation and tourism agencies, local governments, Tribal governments, data and technology companies, and other relevant stakeholders, shall carry out a pilot program for the purposes described in subsection (b). (b) Purposes Under the pilot program carried out under subsection (a), the Secretaries shall, with respect to each Federal land management unit selected for participation in the pilot program under subsection (c), make available to the public, either directly or through partner organizations— (1) data on visitation, including data and resources publicly available from existing nongovernmental platforms, at— (A) the Federal land management unit; and (B) to the extent available, recreation sites managed by any other Federal agency, a State agency, or a local agency located near the Federal land management unit; and (2) through different media platforms, information about lesser-known recreation sites (including recreation sites managed by any other Federal agency, a State agency, or a local agency) located near the Federal land management unit, in an effort to disperse visitation among recreational sites. (c) Locations (1) In general The Secretaries shall select Federal land management units to participate in the pilot program carried out under subsection (a) in accordance with this subsection. (2) Feedback; support of gateway communities In selecting a Federal land management unit to participate in the pilot program carried out under subsection (a), the Secretaries shall— (A) solicit feedback from gateway communities; and (B) select a Federal land management unit that is supported by the applicable gateway community. (3) Initial numbers of Federal land management units (A) In general The Secretaries shall select for participation in the pilot program carried out under subsection (a)— (i) 15 Federal land management units managed by the Department of the Interior; and (ii) 5 Federal land management units managed by the Forest Service. (B) Expansion Not later than 5 years after the date of enactment of this Act, in addition to the Federal land management units selected for the pilot program under subparagraph (A), the Secretaries shall select for participation in the pilot program carried out under subsection (a) 80 additional Federal land management units managed by the Secretaries, not fewer than 50 of which shall be Federal land management units managed by the Department of the Interior. (d) Existing programs The Secretaries may use existing programs or products of the Secretaries to carry out this section. (e) Effect Nothing in this section authorizes the Secretaries— (1) to monitor or record the movements of a visitor to Federal land; (2) to restrict, interfere with, or monitor a private communication of a visitor to Federal land; (3) to take possession of any documents, data, or other personal effects of a visitor to Federal land; or (4) to collect— (A) information from owners of land adjacent to Federal land; or (B) information on non-Federal land. 4. Gateway community partnerships Using existing funds available to the Secretaries, the Secretaries shall— (1) collaborate with State and local governments, Tribal governments, housing authorities, applicable trade associations, nonprofit organizations, and other relevant stakeholders— (A) to improve the understanding of the economic impacts of visitation on gateway communities; and (B) to identify community needs in gateway communities, including housing shortages, demands on existing municipal infrastructure, and accommodation and management of sustainable visitation; and (2) in accordance with existing law, seek to address community needs in gateway communities identified under paragraph (1)(B) by— (A) entering into cooperative agreements, memoranda of understanding, or similar agreements with gateway communities; (B) offering leases, rights-of-way, or easements; (C) entering into public-private partnerships; or (D) providing financial assistance under existing programs. | https://www.govinfo.gov/content/pkg/BILLS-117s3551is/xml/BILLS-117s3551is.xml |
117-s-3552 | II 117th CONGRESS 2d Session S. 3552 IN THE SENATE OF THE UNITED STATES February 1, 2022 Mr. Booker (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide an increased allocation of funding under certain programs for assistance in areas of persistent poverty, and for other purposes.
1. Short title This Act may be cited as the Targeting Resources to Communities in Need Act of 2022 . 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Appropriations, the Committee on the Budget, the Committee on Commerce, Science, and Transportation, and the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Appropriations, the Committee on the Budget, the Committee on Energy and Commerce, the Committee on Transportation and Infrastructure, and the Committee on Oversight and Reform of the House of Representatives; and (C) any other committee of Congress that has jurisdiction over a department or agency with a role developing or implementing measures under section 4(a). (2) Area of persistent poverty The term area of persistent poverty means an area that is a high-poverty census tract or a persistent poverty county. (3) Director The term Director means the Director of the Office of Management and Budget. (4) High-poverty census tract The term high-poverty census tract means a census tract that has a poverty rate of not less than 20 percent in the most recent American Community Survey 5-year survey by the Bureau of the Census. (5) Persistent poverty county The term persistent poverty county means— (A) a county, parish, or other equivalent county division (as determined by the Bureau of the Census) with a poverty rate of not less than 20 percent in the Small Area Income and Poverty Estimates by the Bureau of the Census for 1997, 2007, 2017, and the most recent year for which the estimates are available; or (B) any territory or possession of the United States. 3. Publication of list of areas of persistent poverty (a) In general Not later than 60 days after the date of enactment of this Act, the Bureau of the Census shall publish a list of all areas of persistent poverty. (b) Update The Bureau of the Census shall update annually the list published under subsection (a). 4. Increasing share of Federal resources to areas of persistent poverty and other high-poverty areas (a) Guidance and measures To increase Federal investments Not later than 1 year after the date of enactment of this Act, the Director, in consultation with Federal agencies, shall develop and implement guidance and measures to increase the share of Federal investments targeted to areas of persistent poverty and other areas with high and persistent poverty (including any other areas that the Director, in consultation with Federal agencies, determines to be appropriate areas to target). (b) Guidance for agencies Not later than 120 days after the date of enactment of this Act, the Director shall issue guidance to agencies regarding— (1) identifying the scope of programs subject to increased targeted investment described in subsection (a); (2) identifying the manner and share of targeted investment described in subsection (a); and (3) outlining measures to track increased investment in areas of persistent poverty and other areas with high and persistent poverty over time. (c) Minimum investment amount In developing the guidance and measures under subsection (a), the Director shall include a minimum goal that Federal investments targeted to areas of persistent poverty or other areas with high and persistent poverty be in an amount that is greater than the amount that is proportional to the population of such areas in the United States relative to the population of the United States as a whole. (d) Reports to Congress The Director shall submit to the appropriate committees of Congress an annual report that includes— (1) a list of the programs, by agency, that are included in the effort to increase the share of Federal investments targeted to areas of persistent poverty and other areas with high and persistent poverty; and (2) for each program listed under paragraph (1)— (A) the amount of funds that were directed under the program toward an area of persistent poverty or other area with high and persistent poverty during the previous fiscal year; (B) the percentage change from the fiscal year before the previous fiscal year in the amount of funds that were directed under the program toward an area of persistent poverty or other area with high and persistent poverty; and (C) to the extent practicable, an assessment of the economic impact of the program, including data on impacted individuals, disaggregated by household income, race, gender, age, national origin, disability status, and whether the individuals live in an urban area, suburban area, or rural area. 5. GAO reports Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States shall report to the appropriate committees of Congress on the effectiveness of the measures implemented pursuant to section 4(a), including an assessment regarding the impact of the measures on increasing Federal funds spent in areas of persistent poverty and other areas with high and persistent poverty. 6. Authorization of appropriations There is authorized to be appropriated for fiscal year 2022, $5,000,000 for salaries and expenses (including for entering contracts with non-Federal persons) to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3552is/xml/BILLS-117s3552is.xml |
117-s-3553 | II 117th CONGRESS 2d Session S. 3553 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mr. Rubio (for himself and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To review domestic biopharmaceutical manufacturing capabilities in order to improve public health and medical preparedness and response capabilities and domestic biopharmaceutical manufacturing capabilities.
1. Short title This Act may be cited as the Agility in Manufacturing Preparedness Act . 2. Review of domestic biopharmaceutical manufacturing capabilities (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ), in cooperation with the Director of the Biomedical Advanced Research and Development Authority, shall seek to enter into an agreement with the National Institute for Innovation in Manufacturing Biopharmaceuticals to perform the services described in subsection (b). (b) Review and recommendations Under an agreement described in subsection (a) between the Secretary, the Director of the Biomedical Advanced Research and Development Authority, and the National Institute for Innovation in Manufacturing Biopharmaceuticals, the National Institute for Innovation in Manufacturing Biopharmaceuticals shall— (1) review current domestic biopharmaceutical manufacturing capacity at the Department of Health and Human Services and its adaptability to various threats; (2) draft recommendations for developing, demonstrating, deploying, and advancing new domestic biopharmaceutical manufacturing technologies that address gaps identified under paragraph (1) and align Federal technologies with technologies available to the private sector, including through the new BioMAP initiative of the Biomedical Advanced Research and Development Authority; and (3) identify other opportunities and priorities to improve the United States public health and medical preparedness and response capabilities and domestic biopharmaceutical manufacturing capabilities. | https://www.govinfo.gov/content/pkg/BILLS-117s3553is/xml/BILLS-117s3553is.xml |
117-s-3554 | II 117th CONGRESS 2d Session S. 3554 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mr. Scott of South Carolina (for himself, Mr. Cassidy , and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish an alternative use of certain Federal education funds when in-person instruction is not available.
1. Short title This Act may be cited as the Kids in Classes Act . 2. Findings Congress finds the following: (1) Research indicates that children living in the poorest 20 percent of neighborhoods in the United States will experience the most negative and long-lasting effects of school closures. (2) Researchers predict that 1 year of school closures will cost ninth graders in the poorest communities a 25 percent decrease in their post-educational earning potential, even if that year of closure is followed by 3 years of normal schooling. By contrast, the same researchers predict no substantial losses for students from the richest 20 percent of neighborhoods. (3) Long periods of school closures during the COVID–19 pandemic deprive low-income students and students of color the equalizing force of education. (4) School closures will widen educational inequality and the learning gaps created by these closures will persist as students progress through high school, putting their future prospects at risk. (5) Data shows that closed classrooms were disproportionately composed of disadvantaged students, as well as students with low mathematics scores, students with limited English proficiency, or students who qualify for a free or reduced priced lunch. (6) School shutdowns contribute to disproportionate learning loss for disadvantaged students, compounding existing gaps. 3. Use of title I funds if in-person instruction is not available (a) Title I funds To follow eligible children Notwithstanding any other provision of law, a State educational agency shall not receive grant funds provided under title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), unless the State has provided for the allocation of those funds directly to the parent or guardian of an eligible child for qualified educational expenses (including curriculum and curricular materials, books or instructional materials, technological educational materials, online educational materials, tutoring or educational classes outside the home, private school tuition, testing fees, diagnostic tools, and educational therapies for students with disabilities) for the purposes of ensuring that funding under such title follows eligible children. (b) Eligible child In this section the term eligible child means a child who attends a public elementary school or secondary school that— (1) receives funds provided under title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); and (2) fails for more than 3 days during a school year, for reasons related to public health emergency or collective bargaining action, to make available in-person instruction for all students who wish to attend. | https://www.govinfo.gov/content/pkg/BILLS-117s3554is/xml/BILLS-117s3554is.xml |
117-s-3555 | II 117th CONGRESS 2d Session S. 3555 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mr. Scott of Florida (for himself, Ms. Ernst , Mr. Rubio , Mr. Paul , Ms. Lummis , Mr. Barrasso , and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Occupational Safety and Health Act of 1970 to clarify the scope of the authority for emergency temporary standards, and for other purposes.
1. Short title This Act may be cited as the OSHA ETS Clarification Act of 2022 . 2. OSHA emergency temporary standard Section 6(c) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(c) ) is amended— (1) by striking and (B) and inserting (B) the exposure to the substances, agents, or new hazards arises exclusively from within the workplace to be covered by the emergency temporary standard, or is unique and specific to the workplace to be covered by the emergency temporary standard, and (C) ; and (2) by inserting within the workplace after such danger . | https://www.govinfo.gov/content/pkg/BILLS-117s3555is/xml/BILLS-117s3555is.xml |
117-s-3556 | II 117th CONGRESS 2d Session S. 3556 IN THE SENATE OF THE UNITED STATES February 2, 2022 Ms. Lummis (for herself and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to modify certain regulations relating to the requirements for commercial driver’s license testing and commercial learner’s permit holders, and for other purposes.
1. Short title This Act may be cited as the Licensing Individual Commercial Exam-takers Now Safely and Efficiently Act of 2022 or the LICENSE Act of 2022 . 2. Modifications to certain commercial driver’s license regulations Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, shall— (1) revise section 384.228 of title 49, Code of Federal Regulations (or a successor regulation), to allow a State or third-party examiner to administer a commercial driver’s license knowledge test only if the examiner— (A) maintains a valid commercial driver’s license test examiner certification; (B) completes a commercial driver’s license skills test examiner training course that meets the requirements of subsection (d) of that section; and (C) completes 1 unit of instruction described in subsection (c)(3) of that section; (2) revise section 383.25(a)(1) of title 49, Code of Federal Regulations (or a successor regulation), to allow a commercial driver’s license holder accompanying a commercial learner’s permit holder to be present anywhere in the cab of the vehicle being operated by the commercial learner’s permit holder; and (3) revise section 383.79 of title 49, Code of Federal Regulations (or a successor regulation), to allow a State to administer a driving skills test to any commercial driver’s license applicant, regardless of the State of domicile of the applicant or where the applicant received driver training. | https://www.govinfo.gov/content/pkg/BILLS-117s3556is/xml/BILLS-117s3556is.xml |
117-s-3557 | II 117th CONGRESS 2d Session S. 3557 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mr. Bennet (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to extend the Quality Payment Program–Small Practice, Underserved, and Rural Support program.
1. Short title This Act may be cited as the Small Practice, Underserved, and Rural Support Program Extension Act of 2022 or the SURS Extension Act of 2022 . 2. Extension of Quality Payment Program–Small Practice, Underserved, and Rural Support program The first sentence of section 1848(q)(11)(B) of the Social Security Act ( 42 U.S.C. 1395w–4(q)(11)(B) ) is amended by inserting and for each of fiscal years 2022 through 2027 before the period. | https://www.govinfo.gov/content/pkg/BILLS-117s3557is/xml/BILLS-117s3557is.xml |
117-s-3558 | II 117th CONGRESS 2d Session S. 3558 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Arms Export Control Act to provide for better monitoring and verification of the use of defense articles and defense services by countries of concern, and for other purposes.
1. Short title This Act may be cited as the Values in Arms Export Act of 2022 . 2. Monitoring and verification of use of defense articles and defense services Chapter 3A of the Arms Export Control Act ( 22 U.S.C. 2785 ) is amended— (1) by redesignating the second section designated section 40A as section 40B; and (2) by inserting after section 40B, as so redesignated, the following new section: 40C. Monitoring and verification of use of defense articles and defense services (a) Principles (1) Statement of policy It is the policy of the United States that a country’s respect for and compliance with internationally recognized principles of human rights and the law of war are central and deciding factors in determining the eligibility of the country to purchase defense articles or defense services under this Act. (2) Examples of inconsistent actions and behaviors Actions or behavior by a country inconsistent with the principles described in paragraph (1) include the following: (A) Gross violations of internationally recognized human rights (as defined in section 502B(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(d) )). (B) Failure to adhere to standards of proportionality and discrimination. (C) Patterns or egregious incidents of destruction or damage of medical facilities or other civilian infrastructure. (D) Patterns or egregious incidents of harming or disregard for the safety of medical personnel, aid workers, peacekeepers, or journalists. (E) Patterns or egregious incidents of harming or disregard for the safety of civilians. (F) The denial of humanitarian relief resulting in serious harm to civilian populations. (G) Gross or systemic corruption, lack of transparency, or lack of accountability in the government or among security forces. (3) Reporting of inconsistent actions and behaviors (A) Reports by officers or employees of United States Any officer or employee of the United States Government stationed in a country with knowledge of action or behavior by that country that is inconsistent with the principles described in paragraph (1) shall report the action or behavior to the chief of mission (as defined in section 102 of the Foreign Service Act of 1980 ( 22 U.S.C. 3902 )) for that country. (B) Reporting to Secretary of State A chief of mission that receives a report under subparagraph (A) with respect to an action or behavior shall promptly report the action or behavior to the Secretary of State. (C) Reporting to Congress Not later than seven days after the Secretary receives a report under subparagraph (B) with respect to an action or behavior, the Secretary shall submit to Congress a report on the action or behavior. The report shall be submitted in unclassified form, but may include a classified annex if necessary. The report shall include at a minimum the following information: (i) The title or subject of each report. (ii) A description of significant problems, abuses, and deficiencies related to the inconsistent actions and behaviors of the country in question. (iii) A description of the evidence or information used to form the basis for the report. (4) Intelligence community reporting The Director of National Intelligence may specify additional reporting procedures for officers or employees who are members of the intelligence community. Such procedures shall encompass reporting and analysis of information relevant to the principles described in this subsection but which may be insufficiently verified or not of sufficient severity for reporting under paragraph (3). (5) Inclusion in intelligence priorities The Director of National Intelligence shall ensure that collection and analysis of information related to the principles described in this subsection is included in each National Intelligence Priorities Framework, or any successor directive. (b) Monitoring and verification program (1) In general The Secretary of Defense shall carry out a program of monitoring and verification of the use of defense articles and defense services acquired under this Act by countries of concern. (2) Elements The program established under this subsection shall include the following elements: (A) The observation and evaluation by members of the United States Armed Forces of the targeting process used by the country of concern, the employment of the acquired defense articles by the country of concern, the return of any unused defense articles, and the post-use assessment of damage and casualties. (B) Employment by the Secretary of Defense of direct observation, real-time video feeds, other real-time sensory data and collection methods, and other appropriate sources of information that can be independently authenticated by the United States Government, as opposed to reports or other nonobjective media created or provided by a country of concern, which are not appropriate sources of information. (3) Availability and use of information (A) In general The Secretary of Defense shall make available to the Secretary of State, the appropriate congressional committees, and the Human Rights and Law of War Oversight Board established under section 4 of the Values in Arms Export Act of 2022 all information collected or evaluated as part of the program established under this subsection. (B) Appropriate congressional committees defined In this paragraph, the term appropriate congressional committees means— (i) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (ii) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (4) Separate budgetary line item The Secretary of Defense shall include in the budget justification materials submitted to Congress in support of the Department of Defense budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) specific identification, as a budgetary line item, of the amounts required for the program established under this subsection. (5) Funding Funding to carry out the requirements of this section shall be derived from amounts collected under section 21. The President shall ensure such charges pursuant to such section are sufficient to fully meet all requirements of this section without cost to the United States. (c) Evaluation by the Secretary of State (1) Consideration of information The Secretary of State— (A) shall consistently review all relevant information related to a country of concern to determine to whether the country has engaged in any action or behavior inconsistent with the principles described in subsection (a)(1), including— (i) information gathered through the program established under subsection (b); (ii) information from any agency of the United States Government, including reports under subsection (a)(3); (iii) information referred by Members of Congress; and (iv) credible reports or information gathered by members of the media, nongovernmental organizations, foreign countries, international organizations, or academic experts; and (B) may consider exculpatory information proffered by the country if— (i) the information can be independently authenticated by the United States; (ii) the country provides access to all information in its possession about alleged incidents of the use of security forces of the country in a manner that is inconsistent with the principles described in subsection (a)(1); and (iii) there is no evidence that the country has attempted to obstruct investigations by independent parties. (2) Determinations required In each case in which a country of concern may have engaged in an action or behavior inconsistent with the principles described in subsection (a)(1), the Secretary of State, based on United States standards and policy for the conduct of the United States Armed Forces or international law, as applicable, shall make a determination as to the legality and appropriateness of— (A) the action or behavior; and (B) the employment of defense articles or defense services acquired under this Act in the action or behavior. (d) Designation of countries of concern (1) Country of concern defined In this section, the term country of concern — (A) means— (i) a country designated as a country of concern by the President, the Secretary of State, the Secretary of Defense, or the Human Rights and Law of War Oversight Board established under section 4 of the Values in Arms Export Act of 2022 ; (ii) a country designated as a country of concern by law or by Congress through the adoption of a concurrent resolution; or (iii) any country with respect to which the United States has determined that one or more units of the security forces of the country is ineligible for assistance pursuant to section 620M of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d ) or section 362 of title 10, United States Code, notwithstanding any waiver exercised under such sections; and (B) does not include the North Atlantic Treaty Organization, or any member country of such Organization, Japan, Australia, the Republic of Korea, Israel, or New Zealand. (2) Duration of designation The designation of a country as a country of concern under paragraph (1)— (A) shall remain in effect for a period of three years; and (B) may be renewed, before the previous designation expires, in any manner in which a designation may be made under paragraph (1). (3) Expedited procedures (A) Consideration in Senate Any bill, joint resolution, or concurrent resolution designating a country as a country of concern under paragraph (1)(A)(ii) 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 ; 90 Stat. 765). (B) Consideration in House of Representatives For the purpose of expediting the consideration of bills, joint resolutions, or concurrent resolutions designating a country as a country of concern under paragraph (1)(A)(ii), a motion to proceed to the consideration of any such bill, joint resolution, or concurrent resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. (e) Ineligibility for sales and transfers (1) In general A country shall be ineligible for sale or transfer of defense articles (including spare parts for such articles) or defense services, or the extension of credit (including participation in the extension of credit) or loan guarantees under this Act, for a 10-year period beginning on, and shall immediately discontinue the use of, or return to the United States, any covered defense articles in its possession effective as of, the date— (A) the country is designated a country of concern under subsection (d) for the second time in a 10-year period; (B) the Secretary of State, in consultation with the Secretary of Defense, determines that the country, at the end of the three-year designation period under subsection (d)(2), has failed to demonstrate sufficient improvement in adherence to the principles described in subsection (a)(1); or (C) during the three-year designation period under subsection (d)(2), the country engages in an action or behavior inconsistent with those principles. (2) Restoration of eligibility A country may qualify for early termination of the 10-year ineligibility period under paragraph (1)— (A) if the Secretary of State determines and reports to Congress that the government of the country has taken meaningful steps to correct the deficiencies upon which such ineligibility is based, which shall include— (i) enacting and enforcing new laws or policy; (ii) substantial remedial training for government officials and members of the military or security forces; (iii) in the case of organized armed groups that are not part of the formal chain of command for regular and irregular forces of the country, but that are controlled or supported by the country to any degree, taking actions to cease any support for or affiliation with those organizations or to cause them to cease participation in hostilities; and (iv) fully investigating and holding accountable individuals at any level who were responsible for human rights and law of armed conflict violation; and (B) upon the enactment of a joint resolution approving such early termination of ineligibility. (3) Immediate limited ineligibility upon initial designation A country shall be ineligible for sale or transfer of a covered defense article under this Act for a three-year period beginning on the date the country is designated a country of concern. (4) Waiver for valid training (A) In general The President may waive the application of this subsection to International Military Education and Training (IMET) assistance or training provided by any United States Government agency, and carried out by United States Government personnel, relating to the law of armed conflict, human rights, anticorruption, or similar issues. (B) Limitation on scope of waiver In no case may a waiver under subparagraph (A) extend to cover operations that are part of any armed conflict or any activity that would be subject to the War Powers Resolution ( 50 U.S.C. 1541 et seq. ). (5) Covered defense article defined In this subsection, the term covered defense article means— (A) any defense article in the same category of the United States Munitions List as a defense article determined to have been involved in the country’s designation as a country of concern; and (B) any spare parts or services related to the defense article determined to have been involved in the country’s designation as a country of concern. (f) Imposition of sanctions with respect to government officials (1) In general The Secretary of the Treasury shall impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) with respect to appropriate officials of the government of a country described in subsection (e)(1). In imposing such sanctions, the Secretary shall prioritize senior members of the government, or those in significant leadership positions, who have authority over the personnel or conduct involved in the country’s designation as a country of concern. (2) Waiver The President may waive the imposition of sanctions under paragraph (1) with respect to an official described in that paragraph if the President— (A) determines that it is in the vital national security interests of the United States to issue the waiver; and (B) submits to Congress a justification for the waiver, including a comprehensive explanation for why the official should receive the waiver. (3) Reports required Not later than one year after the date of the enactment of this section, and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on the imposition of sanctions under paragraph (1) that includes— (A) a description of any waivers issued under paragraph (2); and (B) an assessment of the effectiveness of the sanctions in changing the action or behavior of each country that resulted in ineligibility under subsection (e). (g) Required agreement terms Any agreement for the sale of defense articles or defense services under this Act entered into after the date of the enactment of this section shall include terms requiring the country receiving such articles or services to agree to the requirements of this section and to permit and fully cooperate with any investigation by United States Government personnel into an action or behavior by the country that may be inconsistent with the principles described in subsection (a)(1). No such sale or transfer shall be permitted without inclusion of such requirements. (h) Reports required (1) In general Not later than 180 days after the date of the enactment of this section, and every 180 days thereafter, the Secretary of State shall submit to Congress a report that includes— (A) an assessment of whether each country of concern has engaged in actions or behavior inconsistent with the principles described in subsection (a)(1) during the 180-day period preceding submission of the report, including any progress in improving, or worsening of, such actions or behavior of that country; (B) an identification of each country of concern for which, during the 180-day period following submission of the report— (i) the designation of the country as a country of concern will expire; (ii) more than 10 years will have elapsed following the designation of the country as a country of concern; or (iii) a 10-year ineligibility period under subsection (e) will expire; (C) an assessment of any progress made during the 180-day period preceding submission of the report by a country subject to a 10-year ineligibility period under subsection (e) toward eligibility for early termination of that period under paragraph (2) of that subsection; (D) all reports submitted pursuant to subsection (a)(3) during the 180-day period preceding submission of the report; (E) in coordination with the Secretary of Defense, the findings of the program established under subsection (b), including any instances in which a country failed to fully comply with the program; and (F) an identification of any country that has failed to fully comply with investigations described in subsection (g). (2) Form of report Each report required by paragraph (1) shall be submitted in unclassified form to the maximum extent possible, but may include a classified annex. (i) Rule of construction Nothing in this section shall be construed as authorizing the use of military force or otherwise authorizing the President to introduce United States forces into hostilities that have not been specifically authorized by Congress pursuant to the War Powers Resolution ( 50 U.S.C. 1541 et seq. ). . 3. Required assessment of risk of exported weapons being used to violate principles of human rights or the law of armed conflict (a) Letters of offer Section 36(b)(1) of the Arms Export Control Act ( 22 U.S.C. 2776(b)(1) ) is amended— (1) in subparagraph (O), by striking ; and and inserting a semicolon; (2) in subparagraph (P), by striking the period at the end and inserting ; and ; and (3) by inserting after subparagraph (P) the following new subparagraph: (Q) an assessment of the risk of the defense articles, defense services, or design and construction services to be offered being used to violate principles of human rights or the law of armed conflict, prepared by the Secretary of State through the Assistant Secretary for the Bureau of Democracy, Human Rights, and Labor, in consultation with the Secretary of Defense and the Director of Central Intelligence. . (b) Export license applications Section 36(c)(1) of the Arms Export Control Act ( 22 U.S.C. 2776(c)(1) ) is amended— (1) by striking and (C) and inserting (C) ; and (2) by inserting after items to be exported the following: , and (D) an assessment of the risk of the items being used to violate principles of human rights or the law of armed conflict, prepared by the Secretary of State through the Assistant Secretary for the Bureau of Democracy, Human Rights, and Labor, in consultation with the Secretary of Defense and the Director of Central Intelligence . 4. Human Rights and Law of War Oversight Board (a) In general There is established as an independent agency within the executive branch a Human Rights and Law of War Oversight Board (referred to in this section as the Board ). (b) Purpose The Board shall— (1) analyze and review the actions and conduct of recipient countries for strict adherence to the law of armed conflict and human rights principles, and their continual efforts to improve such adherence; and (2) ensure that human rights and law of armed conflict concerns are appropriately considered in the negotiation, approval, and execution of arms sales, including as required under section 40C of the Arms Export Control Act, as added by section 2 of this Act. (c) Functions (1) Advice and counsel on policy development and implementation The Board shall— (A) review proposed legislation, regulations, and policies related to international arms sales; (B) advise the President and the departments, agencies, and elements of the executive branch to ensure that human rights and the law of armed conflict are appropriately considered in the development and implementation of such legislation, regulations, policies, and guidelines; (C) in providing advice on such proposals, consider whether such proposals would— (i) diminish to any degree the oversight by entities of the executive branch of the end use of United States-provided arms; or (ii) lessen to any degree the centrality of compliance by recipient states with principles of human rights or the law of armed conflict as a core factor in decisions of whether to approve sales; and (D) submit to Congress, the President, or the head of any executive branch department, agency, or entity, such recommendations for policy, regulation, or law relevant to the purpose or functions of the Board that the Board deems advisable. (2) Oversight The Board shall continually review— (A) the regulations, policies, and procedures, and the implementation of the regulations, policies, and procedures, of the departments, agencies, and elements of the executive branch relating to arms sales to ensure that principles of human rights or the law of armed conflict are a central focus and consideration at each stage of the arms sales process, including end use; (B) whether entities of the executive branch are adhering to such policies; (C) other actions by the executive branch relating to arms sales to determine whether such actions— (i) diminish to any degree the oversight by entities of the executive branch of the end use of United States-provided arms; or (ii) lessen to any degree the centrality of compliance by recipient states with principles of human rights or the law of armed conflict as a core factor in decisions of whether to approve sales; and (D) the adherence of recipient states to human rights principles and the law of armed conflict, the extent to which United States-provided weapons are being used or could be used in contravention of those principles and laws, and whether recipient states are working to improve their adherence to the maximum extent of their capabilities. (3) Testimony The members of the Board shall appear and testify before Congress upon request. (4) Assessments The Board shall submit to Congress, at the time of any notification under subsection (b) or (c) of section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ), the assessment of the Board, along with any minority views, of the appropriateness of the proposed sale based on the recipient state’s adherence to principles of human rights and the law of armed conflict. (d) Designations (1) In general The Board may in its sole discretion, by a majority vote of the Members, designate a country as a country of concern under section 40C(d)(1)(A)(i) of the Arms Export Control Act, as added by section 2 of this Act. Not later than the time of the designation, the Board shall transmit to the Senate, the House of Representatives, and the President the Board's determination supporting such designation, along with any minority views. The determination shall be in unclassified form to the maximum extent possible, but may include a classified annex as necessary. (2) Reversal The President may vacate a designation by the Board under paragraph (1). In exercising this authority, the President shall submit to the Board, the Senate, and the House of Representatives a detailed justification for the action. This authority may not be delegated. (e) Reports (1) In general The Board shall periodically, but not less frequently than annually, submit to the Senate, the House of Representatives, and the President a report on the activities of the Board. (2) Elements The report required under paragraph (1) shall include the following elements: (A) A description of the major activities of the Board during the preceding period. (B) Information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (c). (C) The minority views on any findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (c). (D) A summary of each proposal reviewed by the Board under subsection (c)(1) that— (i) the Board advised against implementation or advised significant modifications of; and (ii) notwithstanding such advice, actions were taken to implement. (E) For the preceding period, a description of any requests submitted under subsection (g)(1)(C) for the issuance of subpoenas that were modified or denied by the Attorney General. (3) Form The report required under this subsection shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex as necessary. (f) Informing the public The Board— (1) shall make its reports, including its reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and (2) shall hold public hearings and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law, but may, notwithstanding section 552b of title 5, United States Code, meet or otherwise communicate in any number to confer or deliberate in a manner that is closed to the public. (g) Access to information (1) Authorization If determined by the Board to be necessary to carry out its responsibilities under this section, the Board is authorized to— (A) have access from any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element, to all relevant records, reports, audits, reviews, documents, papers, recommendations, or other relevant material, including classified information consistent with applicable law; (B) interview, take statements from, or take public testimony from personnel of any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element; (C) at the direction of a majority of the members of the Board, submit a written request to the Attorney General that the Attorney General require, by subpoena, persons (other than departments, agencies, and elements of the executive branch) to produce any relevant information, documents, reports, answers, records, accounts, papers, and other documentary or testimonial evidence; and (D) conduct travel or site visits. (2) Assistance The Secretary of State, the Secretary of Defense, and any other head of a department, agency, or entity shall provide to the Board any necessary assistance to facilitate activities set forth under paragraph (1). (3) Review of subpoena request (A) In general Not later than 30 days after the date of receipt of a request by the Board under paragraph (1)(C), the Attorney General shall— (i) issue the subpoena as requested; or (ii) provide the Board, in writing, with an explanation of the grounds on which the subpoena request has been modified or denied. (B) Notification If a subpoena request is modified or denied under subparagraph (A)(ii), the Attorney General shall, not later than 5 days after the date of that modification or denial, notify the Senate and the House of Representatives. (4) Enforcement of subpoena In the case of contumacy or failure to obey a subpoena issued pursuant to paragraph (1)(C), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to produce the evidence required by such subpoena. (5) Agency cooperation Whenever information or assistance requested under subparagraph (A) or (B) of paragraph (1) is, in the judgment of the Board, unreasonably refused or not provided, the Board shall report the circumstances to the head of the department, agency, or element concerned without delay. The head of the department, agency, or element concerned shall ensure that the Board is given access to the information, assistance, material, or personnel the Board determines to be necessary to carry out its functions. (6) Access Nothing in this section shall be construed to authorize the Board, or any agent thereof, to gain access to information regarding an activity covered by section 503(a) of the National Security Act of 1947 ( 50 U.S.C. 3093(a) ). (h) Membership (1) Members The Board shall be composed of a full-time chairman and four additional members, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications (A) In general Members of the Board shall be selected solely on the basis of their professional qualifications, achievements, public stature, expertise in human rights and the law of armed conflict, and relevant experience, and without regard to political affiliation, but in no event shall more than three members of the Board be members of the same political party. (B) Prohibition on appointment of individuals employed by certain entities An individual who was employed, during the preceding 5-year period, by an entity that engages in activities subject to the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) is not eligible to serve as a member of the Board. (C) Selection of members not of political party of President The President shall, before appointing an individual who is not a member of the same political party as the President, consult with the leadership of that party, if any, in the Senate and the House of Representatives. (3) Incompatible office An individual appointed to the Board may not, while serving on the Board, be an elected official, officer, or employee of the Federal Government, other than in the capacity as a member of the Board. (4) Term Each member of the Board shall serve a term of 6 years, except that— (A) a member appointed to a term of office after the commencement of such term may serve under such appointment only for the remainder of such term; and (B) upon the expiration of the term of office of a member, the member shall continue to serve until the member’s successor has been appointed and qualified, except that no member may serve under this subparagraph— (i) for more than 60 days when Congress is in session unless a nomination to fill the vacancy shall have been submitted to the Senate; or (ii) after the adjournment sine die of the session of the Senate in which such nomination is submitted. (5) Quorum and meetings The Board shall meet upon the call of the chairman or a majority of its members. Three members of the Board shall constitute a quorum. (i) Compensation and travel expenses (1) Compensation (A) Chairman The chairman of the Board shall be compensated at the rate of pay payable for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code. (B) Members Each member of the Board shall be compensated at a rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Board. (2) Travel expenses Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently by the Government under section 5703(b) of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (j) Staff (1) Appointment and compensation The chairman of the Board, in accordance with rules agreed upon by the Board, shall appoint and fix the compensation of a full-time executive director and such other personnel as may be necessary to enable the Board 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. (2) Appointment in absence of chairman If the position of chairman of the Board is vacant, during the period of the vacancy, the Board, at the direction of the unanimous vote of the serving members of the Board, may exercise the authority of the chairman under paragraph (1). (3) Detailees Any Federal employee may be detailed to the Board without reimbursement from the Board, and such detailee shall retain the rights, status, and privileges of the detailee’s regular employment without interruption. (4) Consultant services The Board may procure the temporary or intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates that do not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title. (k) Security clearances (1) In general The appropriate departments, agencies, and elements of the executive branch shall cooperate with the Board to expeditiously provide the Board members and staff with appropriate security clearances to the extent possible under existing procedures and requirements. (2) Rules and procedures After consultation with the Secretary of Defense, the Attorney General, and the Director of National Intelligence, the Board shall adopt rules and procedures of the Board for physical, communications, computer, document, personnel, and other security relating to carrying out the functions of the Board. (l) Treatment as agency, not as advisory committee The Board— (1) is an agency (as defined in section 551(1) of title 5, United States Code); and (2) is not an advisory committee (as defined in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)). (m) Ethics policy (1) In general Not later than 180 days after the first date on which three members have been appointed to the Board, by and with the advice and consent of the Senate, the Board shall adopt policies governing ethical conduct of its members and staff, which shall include— (A) restrictions on lobbying or advocating to the Board by entities that engage in activities covered by the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ); and (B) periods of prohibition on employment of members and staff of the Board by such entities following their service on the Board or the staff of the Board. (2) Review The Board shall review and revise as appropriate such policies not less frequently than every three years. (3) Transmission to President and Congress The Board shall transmit the policies required by paragraph (1), and any revisions to such policies under paragraph (2), to the President and to Congress. (n) Initial assessment The Board shall conduct an initial assessment of the capability of the Department of State, the Department of Defense, and the Defense Security Cooperation Agency to carry out the requirements of section 40C of the Arms Export Control Act, as added by section 2 of this Act. The Board shall transmit to Congress a report on its findings not later than 18 months after the first date on which three members shall have been appointed to the Board, by and with the advice and consent of the Senate. (o) Authorization of appropriations There are authorized to be appropriated to carry out this section amounts as follows: (1) For fiscal year 2023, $5,000,000. (2) For fiscal year 2024, $7,000,000. (3) For fiscal year 2025, $9,000,000. (4) For fiscal year 2026, $11,000,000. (5) For fiscal year 2027 and each subsequent fiscal year, such sums as may be necessary. 5. Inclusion in Blue lantern program of consideration of use of defense articles and services to commit serious violations of the laws of armed conflict and international human rights law Subsection (b)(1) of section 40B of the Arms Export Control Act, as redesignated by section 2(1), is amended by inserting (including use to commit serious violations of the laws of armed conflict and international human rights law) after to diversion or other misuse . 6. Consideration of risk of commission of violations of human rights or the law of armed conflict in issuing export licenses Section 38(a)(2) of the Arms Export Control Act ( 22 U.S.C. 2778(a)(2) ) is amended by inserting after conflict, the following: be used to commit violations of human rights or the law of armed conflict, . 7. Initial designations of countries of concern (a) Designations Saudi Arabia and the United Arab Emirates are hereby designated as countries of concern for purposes of section 40C of the Arms Export Control Act, as added by section 2 of this Act. (b) Basis for designations The designations under subsection (a) are based on the following defense articles: (1) GBU–12 Paveway II Laser Guided Bomb. (2) GBU–31/32/38 Joint Direct Attack Munition. (3) MK–82 bomb. (4) White phosphorus munitions. 8. Comptroller General report Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report reviewing the implementation of section 40C of the Arms Export Control Act, as added by section 2 of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3558is/xml/BILLS-117s3558is.xml |
117-s-3559 | II 117th CONGRESS 2d Session S. 3559 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mr. Merkley (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to prohibit institutions of higher education participating in Federal student assistance programs from giving preferential treatment in the admissions process to legacy students or donors.
1. Short title This Act may be cited as the Fair College Admissions for Students Act . 2. Ban on legacy or donor preferences in admissions (a) In general Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) (A) The institution will not provide any manner of preferential treatment in the admission process to applicants on the basis of their relationships to— (i) donors to the institution; or (ii) except as provided in subparagraph (B), alumni of the institution. (B) The Secretary may waive the limitation described in subparagraph (A)(ii) for an award year for an eligible institution described in section 371(a) if such institution demonstrates to the satisfaction of the Secretary that preferential treatment in the admission process to applicants on the basis of their relationships to alumni of the institution is in the best interest of students who have been historically underrepresented in higher education. . (b) Effective date The amendment made by subsection (a) shall take effect on the first day of the second award year (as defined in section 481(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(a) )) that begins after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3559is/xml/BILLS-117s3559is.xml |
117-s-3560 | II 117th CONGRESS 2d Session S. 3560 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mr. Schatz (for himself, Mrs. Gillibrand , Mrs. Feinstein , Ms. Klobuchar , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To promote and support the local arts and creative economy in the United States.
1. Short title; table of contents (a) Short title This Act may be cited as the Promoting Local Arts and Creative Economy Workforce Act of 2022 or the PLACE Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Findings and definitions Sec. 101. Findings. Sec. 102. Definitions. TITLE II—Creative workforce advancement Sec. 201. Department of Labor. Sec. 202. Department of Education. Sec. 203. Economic Development Administration programs. Sec. 204. Creative jobs training through Bureau of Prisons reentry and skills development programs. Sec. 205. Grants relating to the creative economy. Sec. 206. Promotion for veterans with service-connected disabilities of job training and resources in creative industries and occupations. Sec. 207. Disaster assistance for creative industry workers through FEMA. Sec. 208. Department of Health and Human Services. Sec. 209. Disaster unemployment assistance. TITLE III—Tax incentives Sec. 301. Tax incentives. TITLE IV—Cultural trade promotion Sec. 401. Promotion by Export-Import Bank of the United States of exports by creative industries and occupations. Sec. 402. Promotion of exports from creative industries and occupations. Sec. 403. Collaboration to improve access to reliable international shipping services. Sec. 404. Demonstration program to promote use of creative industries and occupations in certain economic planning. Sec. 405. Trade and Development Agency. TITLE V—Federal support for the creative economy Sec. 501. Collaboration. Sec. 502. Creative Economy Advisory Board. Sec. 503. Travel and Tourism Advisory Board. Sec. 504. Federal Council on the Arts and Humanities. Sec. 505. Art in Architecture program funding. Sec. 506. Office of Readiness, Recovery, and Resilience. I Findings and definitions 101. Findings Congress makes the following findings: (1) The United States economy has changed rapidly as automation, artificial intelligence, digital technologies, and modern information and communication systems have transformed the way people in the United States work, live, and interact. (2) The United States must establish policies and create programs capable of responding to changing economic realities. (3) The United States must develop strategies to maximize current assets and help grow a United States economy and workforce that can thrive in a challenging environment of constant change and reinvention. (4) The Nation needs to strengthen and improve Federal support for a Next Generation economy and workforce. (5) The United States must explore sustainable strategies to create jobs that will endure, will remain reliant on a local workforce, and are unlikely to move overseas. (6) There is great value and untapped potential in the Nation's rich history, the creative freedoms enjoyed by its people, and the many cultures and traditions that make the United States so unique. (7) Promoting local arts and enhancing the creative economy of the United States would support the Nation's diverse citizenry, rich traditions, and vast creative talents, including the unique history and continuing vitality of Native American communities. (8) The United States must embrace the opportunities and challenges the country faces and reimagine the role of the Federal Government in providing support for local arts activity and expanding the creative economy. (9) The United States needs to engage workers from around the Nation to develop, hone, and share expressions of their cultural heritage, including languages, creative collaborations, and artistic skills. (10) The Nation needs to recognize that there is a broad range of undervalued and underutilized human potential in the United States, and the existence of that human potential has profound social, economic, and workforce ramifications. (11) Securing the future well-being of individuals, families, communities, and the Nation will depend in part on adopting Federal policies that will increase support for the creative economy. (12) The Nation needs to improve creative workforce readiness and develop an education and job training plan, including a plan for education and training through specialized vocational schools and apprenticeship programs, to ensure that individuals of all ages in the United States can realize their full creative potential now and in the future. (13) Investing in a creative economy workforce would help showcase the Nation’s creative arts, strengthen its capacity for job growth, promote economic inclusion, boost entrepreneurship, improve and revitalize rural, remote, and underserved areas, and empower communities to share their stories. 102. Definitions In this Act: (1) Creative industry or occupation The term creative industry or occupation means— (A) an industry that— (i) has a substantial current or potential impact (including through positions that lead to economic self-sufficiency and opportunities for advancement) on a State, regional, or local economy or a Native American community's economy, as appropriate; and (ii) contributes to the growth of businesses or nonprofit organizations that have their origin in individual creativity, skill, and talent, including businesses or nonprofit organizations focused on design, crafts, music, visual and media arts, performing arts, language, literature, or expressions of Native cultures or regional or local heritage culture; and (B) an occupation that— (i) currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a substantial potential impact on a State, regional, or local economy or a Native American community's economy, as appropriate; and (ii) is comprised of— (I) businesses or nonprofit organizations described in subparagraph (A)(ii); or (II) individuals who are self-employed or sole proprietors and whose work has an origin in individual creativity, skill, and talent, including a focus on design, crafts, music, visual arts, media arts, performing arts, language, literature, or expressions of Native cultures or regional or local heritage culture. (2) Native American The term Native American , used with respect to culture, means the culture of a Native American, as defined in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). II Creative workforce advancement 201. Department of Labor (a) Workforce Innovation and Opportunity Act (1) Definition Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is amended by adding at the end the following: (72) Creative industry or occupation The term creative industry or occupation has the meaning given the term in section 102 of the PLACE Act. . (2) Unified State plans Section 102(b)(1)(A) of such Act ( 29 U.S.C. 3112(b)(1)(A) ) is amended— (A) in clause (i), by striking occupations; and inserting occupations, and creative industries and occupations; ; and (B) in clause (ii), by striking those industries and occupations and the sectors, industries, and occupations described in clause (i) . (3) Regional coordination Section 106(c)(1)(C) of such Act ( 29 U.S.C. 3121(c)(1)(C) ) is amended by striking occupations and inserting occupations, and regional creative industries and occupations, . (4) Local plans Section 108(b)(1)(B) of such Act ( 29 U.S.C. 3123(b)(1)(B) ) is amended by striking occupations; and inserting occupations, and creative industries and occupations; . (5) Native american programs Section 166(d)(2)(A)(i) of such Act ( 29 U.S.C. 3221(d)(2)(A)(i) ) is amended by inserting development of skills relating to creative industries or occupations and before training on . (6) National dislocated worker grants Section 170 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3225 ) is amended— (A) in subsection (a)— (i) in paragraph (1)— (I) in subparagraph (A), by striking or at the end; (II) in subparagraph (B), by striking the period at the end and inserting ; or ; and (III) by adding at the end the following: (C) for purposes of assistance provided under subsection (b)(1)(E), an opioid crisis, as declared by the Secretary after consultation with the Secretary of Health and Human Services. ; and (ii) by adding at the end the following: (3) Dislocated worker (A) In general The term dislocated worker means— (i) a dislocated worker, as defined in section 3; and (ii) for purposes of assistance provided under subsection (b)(1)(E), a recovering individual. (B) Recovering individual The term recovering individual means an individual who— (i) left employment, or has never been employed, due mainly to opioid use; and (ii) (I) has successfully completed a supervised drug rehabilitation program for opioid use and is no longer engaging in the illegal use of opioids, or has otherwise been rehabilitated successfully and is no longer engaging in such illegal use; (II) is participating in a supervised rehabilitation program and is no longer engaging in such illegal use; or (III) is erroneously regarded as engaging in such illegal use, but is not engaging in such illegal use. ; and (B) in subsection (b)(1)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (E) to provide employment and training assistance in a creative industry or occupation, in an area where an opioid crisis has been declared, as described in subsection (a)(1)(C). . (b) Creative economy grant program (1) In general The Secretary of Labor, acting through the Assistant Secretary for Employment and Training, shall make grants to eligible entities to enable those eligible entities to provide wage subsidies for individuals in a creative industry or occupation. (2) Eligible entity (A) In General To be eligible to receive such a grant, an entity shall be a business (including a nonprofit organization) that— (i) is engaged in a creative industry or occupation and has its origin in individual creativity, skill, and talent, including focusing on design, crafts, music, visual arts, media arts, performing arts, language, literature, or expressions of Native cultures or regional or local heritage culture; and (ii) has fewer than 500 full-time equivalent employees, as determined in accordance with subparagraph (B). (B) Full-time equivalent basis For purposes of determining the number of full-time equivalent employees under subparagraph (A)(ii)— (i) any employee working not fewer than 30 hours per week shall be considered a full-time employee; and (ii) any employee working not fewer than 10 hours and fewer than 30 hours per week shall be counted as one-half of a full-time employee. (3) Application To be eligible to receive such a grant, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary may require. (4) Use of funds An entity that receives a grant under this section shall use the grant funds to provide wage subsidies for any individual who earns income through creative, cultural, or artistic-based pursuits to produce ideas, content, goods, or services, without regard for the employment status of the individual. 202. Department of Education (a) Corrections education Section 225(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3305(b) ) is amended— (1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (2) by inserting after paragraph (6) the following: (7) education that relates to a creative industry or occupation (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ); . (b) Adult education Section 203 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3272 ) is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) gain education or skills relating to a creative industry or occupation (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ) ; and (2) in paragraph (2), by inserting skills relating to a creative industry or occupation (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ) before or integrated education and training . (c) Career and technical education Section 3(5) of the Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(5) ) is amended— (1) in subparagraph (C), by striking and after the semicolon; (2) in subparagraph (D), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (E) may be related to a creative industry or occupation (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ). . (d) Work study Section 443 of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53 ) is amended by adding at the end the following: (f) Creative industry or occupation (1) In General Funds granted to an institution under this section may be used to compensate (including compensation for time spent in training and travel directly related to relevant activities) students employed in projects that support a creative industry or occupation (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ). (2) Federal share The Federal share of the compensation of work-study students compensated under this subsection may exceed 75 percent. . (e) Elementary and Secondary Education Section 4642(a)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7292(a)(1) ) is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: (B) workforce training for a creative industry or occupation (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ); . 203. Economic Development Administration programs (a) Creative economy apprenticeship and internship grants Title II of the Public Works and Economic Development Act of 1965 is amended by inserting after section 207 ( 42 U.S.C. 3147 ) the following: 208. Creative economy apprenticeship and internship grants (a) Definitions In this section: (1) Apprenticeship program The term apprenticeship program means a program under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ) (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ), to provide workforce training relating to a creative industry or occupation. (2) Creative industry or occupation The term creative industry or occupation has the meaning given the term in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 . (3) Eligible entity The term eligible entity means an eligible entity as determined by the Secretary. (4) Internship program The term internship program means a paid internship program to provide workforce training relating to a creative industry or occupation that is conducted in accordance with such regulations and policies relating to paid internships as the Secretary of Labor may promulgate. (b) Apprenticeship programs (1) Establishment The Secretary shall establish a program, to be known as the Creative Economy Apprenticeship Grant Program , under which the Secretary shall provide to eligible entities grants, on a competitive basis, for use in accordance with paragraph (3). (2) Applications (A) In general To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Determination by Secretary (i) In general The Secretary shall determine whether to approve or disapprove an application submitted under subparagraph (A) by not later than 90 days after the date of receipt of the application. (ii) Action on approval On approval by the Secretary of an application under clause (i), the Secretary shall provide to the applicable eligible entity a grant in accordance with paragraph (4). (iii) Action on disapproval On disapproval by the Secretary of an application under clause (i), the Secretary shall provide to the applicable eligible entity— (I) a notice of the disapproval, including a description of the reasons for the disapproval; and (II) an opportunity to remedy any deficiency identified by the Secretary under subclause (I) by submitting to the Secretary a revised application by not later than 30 days after the date of the disapproval. (3) Use of funds An eligible entity shall use a grant provided under this subsection to carry out an apprenticeship program. (4) Allocation Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall allocate to each eligible entity the application of which is approved under paragraph (2) during that fiscal year an amount based on the proportion that— (A) the number of individuals served by the apprenticeship program of the eligible entity; bears to (B) the total number of individuals served by the apprenticeship programs of all eligible entities that receive assistance under this subsection for the fiscal year. (c) Internship programs (1) Establishment The Secretary shall establish a program, to be known as the Creative Economy Internship Grant Program , under which the Secretary shall provide to eligible entities grants, on a competitive basis, for use in accordance with paragraph (3). (2) Applications (A) In general To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Determination by Secretary (i) In general The Secretary shall determine whether to approve or disapprove an application submitted under subparagraph (A) by not later than 90 days after the date of receipt of the application. (ii) Action on approval On approval by the Secretary of an application under clause (i), the Secretary shall provide to the applicable eligible entity a grant in accordance with paragraph (4). (iii) Action on disapproval On disapproval by the Secretary of an application under clause (i), the Secretary shall provide to the applicable eligible entity— (I) a notice of the disapproval, including a description of the reasons for the disapproval; and (II) an opportunity to remedy any deficiency identified by the Secretary under subclause (I) by submitting to the Secretary a revised application by not later than 30 days after the date of the disapproval. (3) Use of funds An eligible entity shall use a grant provided under this subsection to carry out an internship program. (4) Allocation Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall allocate to each eligible entity the application of which is approved under paragraph (2) during that fiscal year an amount based on the proportion that— (A) the number of individuals served by the internship program of the eligible entity; bears to (B) the total number of individuals served by the internship programs of all eligible entities that receive assistance under this subsection for the fiscal year. (d) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. . (b) Grants for economic adjustment Section 209(c)(5) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3149(c)(5) ) is amended by inserting , including through the promotion of creative industries and occupations (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ) before the period at the end. 204. Creative jobs training through Bureau of Prisons reentry and skills development programs Section 231(a) of the Second Chance Act of 2007 ( 34 U.S.C. 60541(a) ) is amended by adding at the end the following: (3) Ensuring that reentry and skills development programs for prisoners include skills training for jobs in creative industries and occupations, as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2021. . 205. Grants relating to the creative economy To the extent practicable, grant programs relating to economic development administered by the Department of Health and Human Services, Commissioner of the Administration for Native Americans, or the head of an agency with assets or resources relating to workforce development, may be used to support efforts to provide workforce training related to the creative economy (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ). 206. Promotion for veterans with service-connected disabilities of job training and resources in creative industries and occupations Section 3116 of title 38, United States Code, is amended by adding at the end the following new subsection: (c) In carrying out this section, the Secretary shall assist in making available and promote job training and resources that— (1) are provided by nonprofit organizations, educational institutions, Native American (as defined in section 3765 of this title) governments and organizations, and Federal, State, and local governments; and (2) relate to creative industries and occupations, as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2021. . 207. Disaster assistance for creative industry workers through FEMA (a) In general The President, acting through the Administrator of the Federal Emergency Management Agency, shall promulgate rules to ensure that expenses incurred, as a result of a major disaster or emergency, by a self-employed or freelance worker or worker in a creative microenterprise, including those workers whose work focuses on design, crafts, music, visual arts, media arts, performing arts, language, literature, and expressions of Native American culture and local or regional heritage culture, to repair or replace tools needed by the self-employed or freelance worker or worker in a creative microenterprise are considered eligible expenses for assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ). (b) Requirement The rules promulgated under subsection (a) may not require, as a condition of receiving such assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ), an applicant— (1) to apply or be declined for assistance from the Small Business Administration; or (2) to demonstrate that assistance received from the Small Business Administration does not satisfy the total necessary expenses or serious needs arising out of a major disaster or emergency. 208. Department of Health and Human Services The Administration for Native Americans of the Department of Health and Human Services shall, in carrying out job training programs, including under the Native American Programs Act of 1974 ( 42 U.S.C. 2991 et seq. ), include training for creative industries and occupations. 209. Disaster unemployment assistance The Administrator of the Federal Emergency Management Agency shall amend the regulations implementing the disaster unemployment assistance program authorized under section 410 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5177 ) to ensure that— (1) the assistance amount for a self-employed worker is calculated based on the business receipts of the self-employed worker rather than net profit; and (2) the assistance amount is not calculated by counting gross receipts of a self-employed worker against the net profit of the self-employed worker. III Tax incentives 301. Tax incentives (a) New markets tax credit and guidelines for qualified community development entities Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall issue guidelines for the creation and operation of community development entities focused on the creative industries or occupations, which would allow such entities to be treated as qualified community development entities for purposes of section 45D(c) of the Internal Revenue Code of 1986. (b) Work opportunity credit for hiring certain displaced workers (1) In general Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting , or , and by adding at the end the following new subparagraph: (K) a qualified displaced worker. . (2) Qualified displaced worker Subsection (d) of section 51 of such Code is amended by adding at the end the following new paragraph: (16) Qualified displaced worker The term qualified displaced worker means an individual who, immediately before beginning work for the employer— (A) is an eligible TAA recipient (as defined in section 35(c)(2)), (B) is an eligible alternative TAA recipient (as defined in section 35(c)(3)), or (C) is eligible for employment and training activities for dislocated workers under chapter 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3171 et seq. ) or assistance under section 170 of such Act ( 29 U.S.C. 3225 ). . (3) Effective date The amendments made by this subsection shall apply to individuals beginning work for the employer after the date of the enactment of this Act. (c) Above-the-Line deduction of expenses of performing artists (1) In general Section 62(a)(2)(B) of the Internal Revenue Code of 1986 is amended— (A) by striking performing artists.— The deductions and inserting performing artists.— (i) In general The deductions , and (B) by adding at the end the following new clauses: (ii) Phaseout The amount of expenses taken into account under clause (i) shall be reduced (but not below zero) by 10 percentage points for each $2,000 ($4,000 in the case of a joint return), or fraction thereof, by which the taxpayer’s adjusted gross income (determined without regard to this subparagraph) for the taxable year exceeds $100,000 (200 percent of such amount in the case of a joint return). (iii) Cost-of-living adjustment In the case of any taxable year beginning in a calendar year after 2021, the $100,000 amount under clause (ii) shall 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 calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. If any amount after adjustment under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. . (2) Clarification regarding commission paid to performing artist’s manager or agent Section 62(a)(2)(B)(i) of such Code, as amended by subsection (a), is amended by inserting before the period at the end the following: , including any commission paid to the performing artist’s manager or agent . (3) Conforming amendments (A) Section 62(a)(2)(B)(i) of such Code, as amended by this subsection, is further amended by striking by him and inserting by the performing artist . (B) Section 62(b)(1) of such Code is amended by inserting and at the end of subparagraph (A), by striking , and at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (4) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (d) Charitable contributions of certain items created by the taxpayer (1) In general Subsection (e) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (8) Special rule for certain contributions of literary, musical, or artistic compositions (A) In general In the case of a qualified artistic charitable contribution— (i) the amount of such contribution shall be the fair market value of the property contributed (determined at the time of such contribution), and (ii) no reduction in the amount of such contribution shall be made under paragraph (1). (B) Qualified artistic charitable contribution For purposes of this paragraph, the term qualified artistic charitable contribution means a charitable contribution of any literary, musical, artistic, or scholarly composition, or similar property, or the copyright thereon (or both), but only if— (i) such property was created by the personal efforts of the taxpayer making such contribution no less than 18 months prior to such contribution, (ii) the taxpayer— (I) has received a qualified appraisal of the fair market value of such property in accordance with the regulations under this section, and (II) attaches to the taxpayer’s income tax return for the taxable year in which such contribution was made a copy of such appraisal, (iii) the donee is an organization described in subsection (b)(1)(A), (iv) the use of such property by the donee is related to the purpose or function constituting the basis for the donee’s exemption under section 501 (or, in the case of a governmental unit, to any purpose or function described under subsection (c)), (v) the taxpayer receives from the donee a written statement representing that the donee’s use of the property will be in accordance with the provisions of clause (iv), and (vi) the written appraisal referred to in clause (ii) includes evidence of the extent (if any) to which property created by the personal efforts of the taxpayer and of the same type as the donated property is or has been— (I) owned, maintained, and displayed by organizations described in subsection (b)(1)(A), and (II) sold to or exchanged by persons other than the taxpayer, donee, or any related person (as defined in section 465(b)(3)(C)). (C) Maximum dollar limitation; no carryover of increased deduction The increase in the deduction under this section by reason of this paragraph for any taxable year— (i) shall not exceed the artistic adjusted gross income of the taxpayer for such taxable year, and (ii) shall not be taken into account in determining the amount which may be carried from such taxable year under subsection (d). (D) Artistic adjusted gross income For purposes of this paragraph, the term artistic adjusted gross income means that portion of the adjusted gross income of the taxpayer for the taxable year attributable to— (i) income from the sale or use of property created by the personal efforts of the taxpayer which is of the same type as the donated property, and (ii) income from teaching, lecturing, performing, or similar activity with respect to property described in clause (i). (E) Paragraph not to apply to certain contributions Subparagraph (A) shall not apply to any charitable contribution of any letter, memorandum, or similar property which was written, prepared, or produced by or for an individual while the individual is an officer or employee of any person (including any government agency or instrumentality) unless such letter, memorandum, or similar property is entirely personal. (F) Copyright treated as separate property for partial interest rule In the case of a qualified artistic charitable contribution, the tangible literary, musical, artistic, or scholarly composition, or similar property and the copyright on such work shall be treated as separate properties for purposes of this paragraph and subsection (f)(3). . (2) Effective date The amendment made by this subsection shall apply to contributions made after the date of the enactment of this Act in taxable years ending after such date. IV Cultural trade promotion 401. Promotion by Export-Import Bank of the United States of exports by creative industries and occupations Section 2(b)(1) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(1) ) is amended by adding at the end the following: (N) (i) The Bank shall— (I) undertake efforts to enhance the Bank's capacity to provide information about the Bank's programs to creative industries or occupations that have not previously participated in the Bank's programs; and (II) promote the export of goods produced and services provided by creative industries or occupations. (ii) Not later than 1 year after the date of enactment of this subparagraph, the President of the Bank shall submit to Congress a report on the activities undertaken pursuant to this subparagraph. (iii) In this subparagraph, the term creative industry or occupation has the meaning given that term in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2021. . 402. Promotion of exports from creative industries and occupations (a) Promotion of exports by United States and Foreign Commercial Service Section 2301(b) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4721(b) ) is amended, in the matter preceding paragraph (1), by inserting after medium-sized businesses the following: and creative industries and occupations (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ) . (b) Strategic plan of Trade Promotion Coordinating Committee Section 2312(c) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727(c) ) is amended— (1) in paragraph (6), by striking ; and and inserting a semicolon; (2) in paragraph (7), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (8) consider how to promote exports of goods and services from creative industries and occupations (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ). . (c) Promotion of exports of Native Hawaiian arts and crafts and exports from Native Hawaiian-Owned Businesses Section 2307 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4726 ) is amended— (1) by inserting or Native Hawaiian after American Indian each place it appears; (2) in subsection (a)— (A) by inserting or Native Hawaiian after include Indian ; and (B) by inserting or Native Hawaiian-owned after Indian-owned ; and (3) in subsection (e), by striking hand made or hand crafted and inserting made . 403. Collaboration to improve access to reliable international shipping services The Under Secretary of Commerce for International Trade, the Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service appointed under section 2301(a)(2) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4721(a)(2) ), and the Postmaster General shall consult and collaborate with respect to how to better connect microenterprises and small businesses to fast, reliable international shipping services that meet the expectations of the modern consumer. 404. Demonstration program to promote use of creative industries and occupations in certain economic planning Not later than 120 days after the date of enactment of this Act, the Secretary of Commerce shall establish a demonstration program to assess the feasibility and advisability of providing support to local arts agencies and nonprofits through the Economic Development Administration Planning and Local Technical Assistance Program authorized under the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) to promote the use of creative industries and occupations in the economic planning of local governments, including in comprehensive economic development strategies. 405. Trade and Development Agency Section 661(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2421(a) ) is amended— (1) by striking the subsection designation and heading and all that follows through The Trade in the first sentence, and inserting the following: (a) Treatment; purpose (1) Treatment The Trade ; (2) in the second sentence of paragraph (1) (as so designated), by striking The purpose and inserting the following: (2) Purpose The purpose ; and (3) in paragraph (2) (as so designated), by striking such as energy, transportation, telecommunications, and environment. and inserting the following: such as— (A) energy; (B) transportation; (C) telecommunications; (D) the environment; and (E) creative industries and occupations (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ). . V Federal support for the creative economy 501. Collaboration In carrying out this Act, and the amendments made by this Act, the head of each relevant Federal agency shall, to the greatest extent practicable, collaborate with the Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities. 502. Creative Economy Advisory Board (a) Establishment; Resources (1) Establishment The Secretary of Commerce shall establish, pursuant to section 3 of the Act of February 14, 1903 ( 15 U.S.C. 1512 ; 32 Stat. 826, chapter 552; 95 Stat. 154), and the Federal Advisory Committee Act (5 U.S.C. App.), an advisory board, to be known as the Creative Economy Advisory Board (referred to in this section as the Advisory Board ). (2) Resources The Secretary of Commerce shall make available to the Advisory Board such personnel, funds, and other resources as may be appropriate to enable the Advisory Board to carry out the activities described in subsection (d). (b) Membership (1) In general The Advisory Board shall be composed of 15 members, to be appointed by the Secretary of Commerce from among individuals with expertise relating to the issues described in subsection (d)(1). (2) Date of appointment The appointment of the members of the Advisory Board shall be made not later than 120 days after the date of enactment of this Act. (c) Term; vacancies (1) Term A member shall be appointed to serve on the Advisory Board for a term of 2 years. (2) Vacancies A vacancy on the Advisory Board— (A) shall not affect the powers of the Advisory Board; and (B) shall be filled in the same manner as the original appointment was made. (d) Duties (1) Studies Not less frequently than biannually, the Advisory Board shall conduct a study of all matters relating to— (A) cultural tourism; (B) heritage tourism; (C) the creative economy (including creative industries and occupations); and (D) international cultural trade and activity. (2) Recommendations The Advisory Board shall develop recommendations regarding the matters described in paragraph (1). (3) Report Not later than 1 year after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Advisory Board shall submit to the Secretary of Commerce a report that contains— (A) a detailed statement of the findings and conclusions of the Advisory Board under the most recent study under paragraph (1); and (B) the recommendations of the Advisory Board for such administrative actions as the Advisory Board considers to be appropriate. (e) Powers (1) Hearings The Advisory Board may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Advisory Board considers to be advisable to carry out this section. (2) Information from Federal agencies (A) In general The Advisory Board may secure directly from a Federal agency such information as the Advisory Board considers to be necessary to carry out this section. (B) Provision of information On request of the Advisory Board, the head of a Federal agency shall provide the requested information to the Advisory Board. (3) Postal services The Advisory Board may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (4) Gifts The Advisory Board may accept, use, and dispose of gifts or donations of services or property. (f) Personnel matters (1) No compensation of members Except as provided in paragraph (2), a member of the Advisory Board shall serve without compensation. (2) Travel expenses A member of the Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Advisory Board. 503. Travel and Tourism Advisory Board Notwithstanding any other provision of law (including regulations), the Secretary of Commerce shall appoint to serve as a permanent member of the United States Travel and Tourism Advisory Board established pursuant to section 3 of the Act of February 14, 1903 ( 15 U.S.C. 1512 ; 32 Stat. 826, chapter 552; 95 Stat. 154), and the Federal Advisory Committee Act (5 U.S.C. App.) a representative of creative industries and occupations. 504. Federal Council on the Arts and the Humanities Section 9 of the National Foundation on the Arts and the Humanities Act of 1965 ( 20 U.S.C. 958 ) is amended— (1) in subsection (b)— (A) by inserting the Administrator of the Small Business Administration, the Secretary of the Treasury, after Assistant Secretary for Aging, ; and (B) by striking The President shall designate the presiding officer of the Council from among the members. and inserting The co-Chairs of the Council shall be the Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities. ; and (2) in subsection (c)— (A) in paragraph (6), by striking and after the semicolon; (B) in paragraph (7), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (8) coordinate the creative industry or occupation programs of the Federal agencies; (9) establish goals and priorities for the creative industries or occupations and their development that will strengthen the creative economy of the United States; (10) work with industry organizations, Federal agencies, and industry nonprofit organizations to identify and reduce regulatory, logistical, and fiscal barriers within the Federal Government and State governments that inhibit creative industry and occupation growth; and (11) identify technological, market, or business challenges that may best be addressed by public-private partnerships, and are likely to attract both participation and primary funding from industry, and encourage the formation of those public-private partnerships. . 505. Art in Architecture program funding Notwithstanding any other provision of law (including regulations), of the amounts made available for each fiscal year to the General Services Administration for construction, the Administrator of General Services shall use not less than 1 percent to carry out the Art in Architecture program of the General Services Administration under part 102–77 of title 41, Code of Federal Regulations (or successor regulations). 506. Office of Readiness, Recovery, and Resilience (a) Office established There shall be established within the National Endowment for the Arts an Office of Readiness, Recovery, and Resilience (referred to in this section as the Office ). (b) Purposes The purposes of the Office are— (1) to build upon the work of the National Endowment for the Arts, as of the date of enactment of this Act, in support of the disaster and emergency management-related needs of artists and arts organizations in the recovery phase; (2) to improve the preparedness of artists and arts organizations, and to improve their resilience, in the face of the growing climate emergency; (3) to focus on and meet the range of preparedness, response, and recovery needs of artists and arts organizations; and (4) to support the role artists and arts organizations can play in community mitigation and recovery through the arts. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3560is/xml/BILLS-117s3560is.xml |
117-s-3561 | II 117th CONGRESS 2d Session S. 3561 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require owners of covered federally assisted rental dwelling units to install temperature sensors in such units, and for other purposes.
1. Short title This Act may be cited as the Housing Temperature Safety Act of 2022 . 2. Temperature sensors (a) Definitions In this Act: (1) Assistance The term assistance — (A) means any grant, loan, subsidy, contract, cooperative agreement, or other form of financial assistance; and (B) does not include the insurance or guarantee of a loan, mortgage, or pool of loans or mortgages. (2) Covered federally assisted rental dwelling unit The term covered federally assisted rental dwelling unit means a residential dwelling unit that is made available for rental and for which assistance is provided, or that is part of a housing project for which assistance is provided, under— (A) the public housing program under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ); (B) the programs for rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), including— (i) the program for project-based rental assistance; and (ii) the program for tenant-based rental assistance; (C) the AIDS Housing Opportunities program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12901 et seq. ); (D) the program for supportive housing for the elderly under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ); (E) the program for supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); or (F) the programs under sections 514, 515, and 516 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485, 1486). (3) Owner The term owner means, with respect to a covered federally assisted rental dwelling unit, any private person or entity, including a cooperative, an agency of the Federal Government, or a public housing agency, having the legal right to lease or sublease the dwelling unit. (4) Secretary The term Secretary means the Secretary of Housing and Urban Development. (5) Temperature sensor The term temperature sensor means an internet capable temperature reporting device able to track the ambient air temperature to the tenth degree Fahrenheit and Celsius. (b) Installation and maintenance (1) In general Not later than 1 year after the date of enactment of this Act, each owner of a covered federally assisted rental dwelling unit shall ensure that each temperature sensor in the covered federally assisted rental dwelling unit is installed and maintained in accordance with the rule issued by the Secretary under paragraph (2) on each level of the covered federally assisted rental dwelling unit. (2) Rulemaking Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a rule that establishes standards and requirements for the installation and maintenance of temperature sensors in covered federally assisted rental dwelling units. (c) Data reporting (1) In general Each owner of a covered federally assisted rental dwelling unit shall, 6 times each day, collect data from temperature sensors installed pursuant to subsection (b), which shall include— (A) the temperature recorded during each temperature reading; and (B) the time and date of each temperature reading. (2) Guidance Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish guidance with respect to— (A) the collection of temperature sensor data by owners of covered federally assisted rental dwelling units, including the protection of personally identifiable information; (B) the retention of the data described in subparagraph (A) by owners of covered federally assisted rental dwelling units for not less than 2 years; and (C) the reporting of the data described in subparagraph (A) to the Secretary unless a tenant of the covered federally assisted dwelling unit has opted out of having that data reported by the owner to the Secretary. (d) Report Not later than 1 year after the date of the enactment of this Act, and each year thereafter, the Secretary shall submit to Congress a report that— (1) describes the status of the implementation of subsection (b), and includes— (A) the percentage of covered federally assisted dwelling units without a temperature sensor pursuant to subsection (b); (B) the percentage of temperature sensors that have been installed by owners of covered federally assisted dwelling units; and (C) the number of fatalities that occurred due to fire, hypothermia, heat exhaustion, and other temperature-related causes in covered federally assisted dwelling units and whether a temperature sensor was present in the dwelling unit; and (2) discloses the results of data collection instituted by the Secretary before the date of enactment of this Act to determine the prevalence of temperature sensors in covered federally assisted dwelling units. (e) Relation to State law (1) Rule of construction Nothing in this section shall be construed to annul, alter, or affect, or exempt any person subject to the provisions of this section from complying with, the laws of any State with respect to installing or maintaining temperature sensors, except to the extent that those laws are inconsistent with any provision of this section, and then only to the extent of the inconsistency. (2) Determination of inconsistencies The Secretary is authorized to determine whether the inconsistencies described in paragraph (1) exist and may not determine that any State law is inconsistent with any provision of this section if the Secretary determines that the State law provides for greater protection or safety. (f) Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3561is/xml/BILLS-117s3561is.xml |
117-s-3562 | II 117th CONGRESS 2d Session S. 3562 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mr. Scott of South Carolina (for himself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Deposit Insurance Act to ensure that certain custodial deposits of well capitalized insured depository institutions are not considered to be funds obtained by or through deposit brokers, and for other purposes.
1. Short title This Act may be cited as the Minority Depository Institution and Community Bank Deposit Access Act of 2022 . 2. Limited exception for custodial deposits (a) In general Section 29 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831f ) is amended by adding at the end the following: (j) Limited exception for custodial deposits (1) In general Custodial deposits of an eligible institution shall not be considered to be funds obtained, directly or indirectly, by or through a deposit broker to the extent that the total amount of such custodial deposits does not exceed an amount equal to 10 percent of the total liabilities of the eligible institution. (2) Definitions In this subsection: (A) Custodial deposit The term custodial deposit means a deposit that would otherwise be considered to be obtained, directly or indirectly, by or through a deposit broker, if the deposit is deposited at 1 or more insured depository institutions, for the purpose of providing or maintaining deposit insurance for the benefit of a third party, by or through any of the following, each acting in a formal custodial or fiduciary capacity for the benefit of a third party: (i) An insured depository institution serving as agent, trustee, or custodian. (ii) A trust entity controlled by an insured depository institution serving as agent, trustee, or custodian. (iii) A State-chartered trust company serving as agent, trustee, or custodian. (iv) A plan administrator or investment advisor, acting in a formal custodial or fiduciary capacity for the benefit of a plan, as defined in section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 ). (B) Eligible institution The term eligible institution means an insured depository institution that accepts custodial deposits, that were not deposited at the insured depository institution in return for fees paid by the insured depository institution pursuant to an agreement with a third party, if the insured depository institution— (i) (I) has less than $5,000,000,000 in total assets as reported on the consolidated report of condition and income as reported quarterly to the appropriate Federal banking agency; or (II) (aa) is a community development financial institution, as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ); or (bb) is a minority depository institution, as defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1463 note); (ii) (I) when most recently examined under section 10(d) was found to have a composite condition of outstanding or good; and (II) is well capitalized; or (iii) has obtained a waiver pursuant to subsection (c). (C) Plan administrator The term plan administrator has the meaning given the term administrator in section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 ). (D) Well capitalized The term well capitalized has the meaning given the term in section 38(b). . (b) Interest rate restriction Section 29 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831f ) is amended by striking subsection (e) and inserting the following: (e) Restriction on interest rate paid (1) Definitions In this subsection— (A) the terms custodial deposit , eligible institution , and well capitalized have the meanings given those terms in subsection (j); and (B) the term covered insured depository institution means an insured depository institution that— (i) under subsection (c) or (d), accepts funds obtained, directly or indirectly, by or through a deposit broker; or (ii) while acting as an eligible institution under subsection (j), accepts custodial deposits while not well capitalized. (2) Prohibition A covered insured depository institution may not pay a rate of interest on funds that, under subsection (c) or (d), are obtained, directly or indirectly, by or through a deposit broker or on custodial deposits that are accepted while not well capitalized that, at the time the funds or custodial deposits are accepted, significantly exceeds the limit set forth in paragraph (3). (3) Limit on interest rates The limit on the rate of interest referred to in paragraph (2) shall be not greater than— (A) the rate paid on deposits of similar maturity in the normal market area of the covered insured depository institution for deposits accepted in the normal market area of the covered insured depository institution; or (B) the national rate paid on deposits of comparable maturity, as established by the Corporation, for deposits accepted outside the normal market area of the covered insured depository institution. . 3. Community development revolving loan fund for credit unions Section 130 of the Federal Credit Union Act ( 12 U.S.C. 1772c–1 ) is amended by striking subsection (c) and inserting the following: (c) Loans (1) In general The Board may require that any loans made from the Fund be matched by increased shares in the borrower credit union. (2) Eligibility Only low-income credit unions and minority depository institutions that are federally insured credit unions are eligible for loans made from the Fund. . | https://www.govinfo.gov/content/pkg/BILLS-117s3562is/xml/BILLS-117s3562is.xml |
117-s-3563 | II 117th CONGRESS 2d Session S. 3563 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mr. Scott of Florida (for himself, Mr. Cotton , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Secure and Trusted Communications Networks Act of 2019 to provide for the addition of certain equipment and services produced or provided by DJI Technologies to the list of covered communications equipment or services published under such Act, and for other purposes.
1. Short title This Act may be cited as the Countering CCP Drones Act . 2. Addition of certain equipment and services of DJI Technologies to Covered List (a) In general Section 2(c) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601(c) ) is amended by adding at the end the following: (5) The communications equipment or service being— (A) telecommunications or video surveillance equipment produced by Shenzhen Da-Jiang Innovations Sciences and Technologies Company Limited (commonly known as DJI Technologies ) (or any subsidiary or affiliate thereof); or (B) telecommunications or video surveillance services provided by an entity described in subparagraph (A) or using equipment described in such subparagraph. . (b) Conforming amendments Section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 ) is amended by striking paragraphs (1) through (4) each place it appears and inserting paragraphs (1) through (5) . | https://www.govinfo.gov/content/pkg/BILLS-117s3563is/xml/BILLS-117s3563is.xml |
117-s-3564 | II 117th CONGRESS 2d Session S. 3564 IN THE SENATE OF THE UNITED STATES February 2, 2022 Ms. Duckworth (for herself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to codify the Boots to Business Program, and for other purposes.
1. Short title This Act may be cited as the Veteran Entrepreneurship Training Act of 2022 . 2. Boots to Business Program Section 32 of the Small Business Act ( 15 U.S.C. 657b ) is amended by adding at the end the following: (h) Boots to Business Program (1) Covered individual defined In this subsection, the term covered individual means— (A) a member of the Armed Forces, including the National Guard or Reserves; (B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code; (C) an individual who— (i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and (ii) was discharged or released from such service under conditions other than dishonorable; and (D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C). (2) Establishment Beginning on the first October 1 after the date of enactment of this subsection and for the subsequent 4 fiscal years, the Administrator shall carry out a program to be known as the Boots to Business Program to provide entrepreneurship training to covered individuals. (3) Goals The goals of the Boots to Business Program are to— (A) provide assistance and in-depth training to covered individuals interested in business ownership; and (B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern. (4) Program components (A) In general The Boots to Business Program may include— (i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern; (ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern; (iii) an in-person classroom instruction component providing an introduction to the foundations of self-employment and ownership of a small business concern; and (iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan. (B) Collaboration The Administrator may— (i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and (ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 1071 note). (C) Use of resource partners (i) In general The Administrator shall— (I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and (II) to the maximum extent practicable, use a variety of other resource partners and entities in administering the Boots to Business Program. (ii) Grant authority In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program. (D) Availability to Department of Defense The Administrator shall make available to the Secretary of Defense information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the website of the Department of Defense relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense. (E) Availability to Veterans Affairs In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program which shall, at a minimum— (i) describe the Boots to Business Program and the services provided; and (ii) include eligibility requirements for participating in the Boots to Business Program. (5) Report Not later than 180 days after the date of enactment of this subsection and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which may be included as part of another report submitted to such committees by the Administrator, and which shall include— (A) information regarding grants awarded under paragraph (4)(C); (B) the total cost of the Boots to Business Program; (C) the number of program participants using each component of the Boots to Business Program; (D) the completion rates for each component of the Boots to Business Program; (E) to the extent possible— (i) the demographics of program participants, to include gender, age, race, relationship to military, military occupational specialty, and years of service of program participants; (ii) the number of small business concerns formed or expanded with assistance under the Boots to Business Program; (iii) the gross receipts of small business concerns receiving assistance under the Boots to Business Program; (iv) the number of jobs created with assistance under the Boots to Business Program; (v) the number of referrals to other resources and programs of the Administration; (vi) the number of program participants receiving financial assistance under loan programs of the Administration; (vii) the type and dollar amount of financial assistance received by program participants under any loan program of the Administration; and (viii) results of participant satisfaction surveys, including a summary of any comments received from program participants; (F) an evaluation of the effectiveness of the Boots to Business Program in each region of the Administration during the most recent fiscal year; (G) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator; (H) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals; (I) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and (J) any additional information the Administrator determines necessary. . | https://www.govinfo.gov/content/pkg/BILLS-117s3564is/xml/BILLS-117s3564is.xml |
117-s-3565 | II 117th CONGRESS 2d Session S. 3565 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mr. Scott of Florida (for himself and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the use of Federal funds to purchase at-home tests for SARS–CoV–2 that are imported from, or manufactured in, the People's Republic of China.
1. Short title This Act may be cited as the No Taxpayer Dollars for Communist China COVID Tests Act . 2. Prohibition on using Federal funds to purchase certain tests Notwithstanding any other provision of law, no Federal funds may be used to purchase any at-home test for SARS–CoV–2 that is imported from the People's Republic of China, or that was manufactured, in whole or in part, in the People's Republic of China. | https://www.govinfo.gov/content/pkg/BILLS-117s3565is/xml/BILLS-117s3565is.xml |
117-s-3566 | II 117th CONGRESS 2d Session S. 3566 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mr. Reed (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act with respect to trauma care.
1. Short title This Act may be cited as the Improving Trauma Systems and Emergency Care Act . 2. Trauma care reauthorization (a) In general Section 1201 of the Public Health Service Act ( 42 U.S.C. 300d ) is amended— (1) in subsection (a)— (A) in paragraph (3)— (i) by inserting analyze, after compile, ; and (ii) by inserting and medically underserved areas before the semicolon; (B) in paragraph (4), by adding and after the semicolon; (C) by striking paragraph (5); and (D) by redesignating paragraph (6) as paragraph (5); (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Trauma care readiness and coordination The Secretary, acting through the Assistant Secretary for Preparedness and Response, shall support the efforts of States and consortia of States to coordinate and improve emergency medical services and trauma care during a public health emergency declared by the Secretary pursuant to section 319 or a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Such support may include— (1) developing, issuing, and updating guidance, as appropriate, to support the coordinated medical triage and evacuation to appropriate medical institutions based on patient medical need, taking into account regionalized systems of care; (2) disseminating, as appropriate, information on evidence-based or evidence-informed trauma care practices, taking into consideration emergency medical services and trauma care systems, including such practices identified through activities conducted under subsection (a) and which may include the identification and dissemination of performance metrics, as applicable and appropriate; and (3) other activities, as appropriate, to optimize a coordinated and flexible approach to the emergency response and medical surge capacity of hospitals, other health care facilities, critical care, and emergency medical systems. . (b) Grants To improve trauma care in rural areas Section 1202 of the Public Health Service Act ( 42 U.S.C. 300d–3 ) is amended— (1) by amending the section heading to read as follows: Grants to improve trauma care in rural areas ; (2) by amending subsections (a) and (b) to read as follows: (a) In general The Secretary shall award grants to eligible entities for the purpose of carrying out research and demonstration projects to support the improvement of emergency medical services and trauma care in rural areas through the development of innovative uses of technology, training and education, transportation of seriously injured patients for the purposes of receiving such emergency medical services, access to prehospital care, evaluation of protocols for the purposes of improvement of outcomes and dissemination of any related best practices, activities to facilitate clinical research, as applicable and appropriate, and increasing communication and coordination with applicable State or Tribal trauma systems. (b) Eligible entities (1) In general To be eligible to receive a grant under this section, an entity shall be a public or private entity that provides trauma care in a rural area. (2) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that will provide services under the grant in any rural area identified by a State under section 1214(d)(1). ; and (3) by adding at the end the following: (d) Reports An entity that receives a grant under this section shall submit to the Secretary such reports as the Secretary may require to inform administration of the program under this section. . (c) Pilot grants for trauma centers Section 1204 of the Public Health Service Act ( 42 U.S.C. 300d–6 ) is amended— (1) by amending the section heading to read as follows: Pilot grants for trauma centers ; (2) in subsection (a)— (A) by striking not fewer than 4 and inserting 10 ; (B) by striking that design, implement, and evaluate and inserting to design, implement, and evaluate new or existing ; (C) by striking emergency care and inserting emergency medical ; and (D) by inserting , and improve access to trauma care within such systems before the period; (3) in subsection (b)(1), by striking subparagraphs (A) and (B) and inserting the following: (A) a State or consortia of States; (B) an Indian Tribe or Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act); (C) a consortium of level I, II, or III trauma centers designated by applicable State or local agencies within an applicable State or region, and, as applicable, other emergency services providers; or (D) a consortium or partnership of nonprofit Indian Health Service, Indian Tribal, and urban Indian trauma centers. ; (4) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by striking that proposes a pilot project ; and (ii) by striking an emergency medical and trauma system that— and inserting a new or existing emergency medical and trauma system. Such eligible entity shall use amounts awarded under this subsection to carry out 2 or more of the following activities: ; (B) in paragraph (1)— (i) by striking coordinates and inserting Strengthening coordination and communication ; and (ii) by striking an approach to emergency medical and trauma system access throughout the region, including 9–1–1 Public Safety Answering Points and emergency medical dispatch; and inserting approaches to improve situational awareness and emergency medical and trauma system access, including distribution of patients during a mass casualty incident, throughout the region. ; (C) in paragraph (2)— (i) by striking includes and inserting Providing ; (ii) by inserting support patient movement to after region to ; and (iii) by striking the semicolon and inserting a period; (D) in paragraph (3)— (i) by striking allows for and inserting Improving ; and (ii) by striking ; and and inserting a period; (E) in paragraph (4), by striking includes a consistent and inserting Supporting a consistent ; and (F) by adding at the end the following: (5) Establishing, implementing, and disseminating, or utilizing existing, as applicable, evidence-based or evidence-informed practices across facilities within such emergency medical and trauma system to improve health outcomes, including such practices related to management of injuries, and the ability of such facilities to surge. (6) Conducting activities to facilitate clinical research, as applicable and appropriate. ; (5) in subsection (d)(2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking the proposed and inserting the applicable emergency medical and trauma system ; (ii) in clause (i), by inserting or Tribal entity after equivalent State office ; and (iii) in clause (vi), by striking ; and and inserting a semicolon; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: (B) for eligible entities described in subparagraph (C) or (D) of subsection (b)(1), a description of, and evidence of, coordination with the applicable State Office of Emergency Medical Services (or equivalent State Office) or applicable such office for a Tribe or Tribal organization; and ; (6) in subsection (e)— (A) in paragraph (1), by striking $1 for each $3 and inserting $1 for each $5 ; and (B) by adding at the end the following: (3) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for a State, consortia of States, Indian Tribe or Tribal organization, or trauma center, if the Secretary determines that applying such matching requirement would result in serious hardship or an inability to carry out the purposes of the pilot program. ; (7) in subsection (f), by striking population in a medically underserved area and inserting medically underserved population ; (8) in subsection (g)— (A) in the matter preceding paragraph (1), by striking described in ; (B) in paragraph (2), by striking the system characteristics that contribute to and inserting opportunities for improvement, including recommendations for how to improve ; (C) by striking paragraph (4); (D) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (E) in paragraph (4), as so redesignated, by striking ; and and inserting a semicolon; (F) in paragraph (5), as so redesignated, by striking the period and inserting ; and ; and (G) by adding at the end the following: (6) any evidence-based or evidence-informed strategies developed or utilized pursuant to subsection (c)(5). ; and (9) by amending subsection (h) to read as follows: (h) Dissemination of findings Not later than 1 year after the completion of the final project under subsection (a), the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the information contained in each report submitted pursuant to subsection (g) and any additional actions planned by the Secretary related to regionalized emergency care and trauma systems. . (d) Program funding Section 1232(a) of the Public Health Service Act ( 42 U.S.C. 300d–32(a) ) is amended by striking 2010 through 2014 and inserting 2023 through 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s3566is/xml/BILLS-117s3566is.xml |
117-s-3567 | II 117th CONGRESS 2d Session S. 3567 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mr. Rubio (for himself, Mr. Scott of Florida , Mr. Braun , Mr. Cruz , Mr. Hagerty , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To modify the limitation on military-to-military exchanges and contacts with the People's Liberation Army to cover all logistical operations and remove the exception for search-and-rescue and humanitarian operations and exercises.
1. Short title This Act may be cited as the No People’s Liberation Army in Logistical Operations and Other Pertinent Humanitarian Operations Leading to Endangered Security Act or the No PLA LOOPHOLES Act . 2. Modification of limitation on military-to-military exchanges and contacts with Chinese People’s Liberation Army Section 1201 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 ; 10 U.S.C. 168 note) is amended— (1) in subsection (b)(4), by striking Advanced logistical operations and inserting Logistical operations ; and (2) by striking subsection (c). | https://www.govinfo.gov/content/pkg/BILLS-117s3567is/xml/BILLS-117s3567is.xml |
117-s-3568 | II 117th CONGRESS 2d Session S. 3568 IN THE SENATE OF THE UNITED STATES February 2, 2022 Mr. Portman (for himself and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the Administrator of the Transportation Security Administration from accepting warrants for the arrest of aliens as valid proof of identification at airport security checkpoints, and for other purposes.
1. Short title This Act may be cited as the Prohibiting the Use of Arrest Warrants for Identification at Security Checkpoints Act of 2022 . 2. Prohibition against acceptance of U.S. Immigration and Customs Enforcement arrest warrants as identification at airport security checkpoints (a) In general The Administrator of the Transportation Security Administration may not accept a prohibited document as valid proof of identification or as an acceptable alternate identification at an airport security checkpoint. (b) Exception Subsection (a) shall not apply with respect to an alien who is being removed from the United States in accordance with the immigration laws (as such term is defined in section 101 of the Immigration and National Act ( 8 U.S.C. 1101 )). (c) Prohibited document defined In this section, the term prohibited document means any of the following: (1) U.S. Immigration and Customs Enforcement Form I–200, Warrant for Arrest of Alien (or any successor form). (2) U.S. Immigration and Customs Enforcement Form I–205, Warrant of Removal/Deportation (or any successor form). | https://www.govinfo.gov/content/pkg/BILLS-117s3568is/xml/BILLS-117s3568is.xml |
117-s-3569 | II 117th CONGRESS 2d Session S. 3569 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Thune (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To extend the program to provide liability protections for volunteer practitioners at certain health centers.
1. Short title This Act may be cited as the Help Expand Liability Protections for Volunteers Act or the HELP for Volunteers Act . 2. Extension of program Section 224(q) of the Public Health Service Act ( 42 U.S.C. 233(q) ) is amended by striking paragraph (6). | https://www.govinfo.gov/content/pkg/BILLS-117s3569is/xml/BILLS-117s3569is.xml |
117-s-3570 | II 117th CONGRESS 2d Session S. 3570 IN THE SENATE OF THE UNITED STATES February 3, 2022 Ms. Rosen (for herself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity.
1. Short title This Act may be cited as the Cyber Ready Workforce Act . 2. Findings Congress finds the following: (1) According to projections from Georgetown University’s Center on Education and the Workforce, the United States was already set to experience a shortage of 5,000,000 workers with postsecondary education or training, including training leading to vocational certificates and apprenticeship training, by 2020. The COVID–19 pandemic has only exacerbated this problem. (2) Registered apprenticeships strengthen the Nation's economy, create pathways to good-paying careers, and help meet the Nation's current workforce demands. (3) Apprenticeships can help fill the Nation's workforce needs, including in fields not traditionally linked to apprenticeships, such as cybersecurity. (4) The cybersecurity field has a severe shortage in talent, with over 597,000 job openings today, according to CyberSeek, an interactive cybersecurity jobs heat map funded by the Department of Commerce's National Institute of Standards and Technology (NIST). (5) Employers, especially in cybersecurity and information technology fields, may be unfamiliar with the apprenticeship model or do not have the capacity or resources to develop and implement their own training. 3. Definitions In this Act: (1) Registered apprenticeship program The term registered apprenticeship program means a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ). (2) Workforce intermediary The term workforce intermediary means an entity that facilitates the establishment of registered apprenticeship programs, and may be a partnership that includes one or more of the following as partners: (A) A business or industry organization. (B) A community-based organization, as defined in section 3201(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(5) ). (C) A State or local workforce development board, as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (D) A postsecondary education institution with experience in developing and administering registered apprenticeship programs. (E) A joint labor-management partnership. (F) An institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (G) A nonprofit organization. 4. Cybersecurity apprenticeship grant program (a) In general The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. (b) Description of programs eligible For purposes of subsection (a), registered apprenticeship programs in cybersecurity shall include technical instruction, workplace training, and industry-recognized certification in cybersecurity. Programs shall— (1) include certifications in CompTIA Network+, CompTIA A+, CompTIA Security+, Microsoft Windows 10 Technician, Microsoft Certified System Administrator, Certified Network Defender, Certified Ethical Hacker, ISACA Cybersecurity Nexus (CSX), (ISC) 2 's Certified Information Systems Security Professional (CISSP), or other industry-recognized certification in cybersecurity; (2) encourage stackable and portable credentials; and (3) lead to occupations such as computer support specialists, cybersecurity support technicians, cloud computing architects, computer programmers, computer systems analysts, or security specialists. 5. Use of funds (a) Required activities A workforce intermediary shall use at least 85 percent of the amount of grant funds received under this Act for the following: (1) Development and technical support Complete the apprenticeship registration process with the Department of Labor, and assist employers with other logistical and technical issues. (2) Employer partnership (A) In general Develop curricula and technical instruction for the registered apprenticeship program in cooperation with local businesses, organizations, and employer-partners, referencing the work roles and tasks outlined in the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework Special Publication 800–181 to develop skills and standards for the program. (B) Offsite training Assist employers in paying for the cost of offsite training and acquiring course materials provided to apprentices. (C) Connecting employers Connect employers with education and training providers to complement on-the-job learning. (3) Support services for apprentices Provide support services to apprentices to assist with their success in the registered apprenticeship program, which may include the following: (A) Career counseling. (B) Mentorship. (C) Assisting with costs of transportation, housing, and child care services. (b) Allowable activities A workforce intermediary may use up to 15 percent of the amount of grant funds received under this Act for the following outreach and marketing activities: (1) Market apprenticeships and the apprenticeship model to employers, secondary school administrators, and counselors. (2) Recruit and conduct outreach to potential apprentices, including secondary school students, underrepresented populations (such as women and minorities), youth, and veterans. 6. Authorization of appropriations There is authorized to be appropriated, such sums as may be necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3570is/xml/BILLS-117s3570is.xml |
117-s-3571 | II 117th CONGRESS 2d Session S. 3571 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Heinrich (for himself, Mr. Risch , Mr. Luján , Mr. Daines , Mr. Tester , Mr. Crapo , Mr. Bennet , and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To promote remediation of abandoned hardrock mines, and for other purposes.
1. Short title This Act may be cited as the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2022 . 2. Definitions In this Act: (1) Abandoned mine site (A) In general The term abandoned mine site means an abandoned or inactive hardrock mine site and any facility associated with an abandoned or inactive hardrock mine site— (i) that was used for the production of a mineral other than coal conducted on Federal land under sections 2319 through 2352 of the Revised Statutes (commonly known as the Mining Law of 1872 ; 30 U.S.C. 22 et seq. ) or on non-Federal land; and (ii) for which, based on information supplied by the Good Samaritan after review of publicly available data and after review of other information in the possession of the Administrator, the Administrator or, in the case of a site on land owned by the United States, the Federal land management agency, determines that no responsible owner or operator has been identified— (I) who is potentially liable for, or has been required to perform or pay for, environmental remediation activities under applicable law; and (II) other than, in the case of a mine site located on land owned by the United States, a Federal land management agency that has not been involved in mining activity on that land, except that the approval of a plan of operations under the hardrock mining regulations of the applicable Federal land management agency shall not be considered involvement in the mining activity. (B) Inclusion The term abandoned mine site includes a hardrock mine site (including associated facilities) that was previously the subject of a completed response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) or a similar Federal and State reclamation or cleanup program, including the remediation of mine-scarred land under the brownfields revitalization program under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ). (C) Exclusions The term abandoned mine site does not include a mine site (including associated facilities)— (i) in a temporary shutdown or cessation; (ii) included on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ) or proposed for inclusion on that list; (iii) that is the subject of a planned or ongoing response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) or a similar Federal and State reclamation or cleanup program; (iv) that has a responsible owner or operator; or (v) that actively mined or processed minerals after December 11, 1980. (2) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (3) Applicable water quality standards The term applicable water quality standards means the water quality standards promulgated by the Administrator or adopted by a State or Indian tribe and approved by the Administrator pursuant to the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). (4) Cooperating person (A) In general The term cooperating person means any person that is named by the Good Samaritan in the permit application as a cooperating entity. (B) Exclusion The term cooperating person does not include a responsible owner or operator. (5) Federal land management agency The term Federal land management agency means any Federal agency authorized by law or Executive order to exercise jurisdiction, custody, or control over land owned by the United States. (6) Good Samaritan The term Good Samaritan means a person that, with respect to historic mine residue, as determined by the Administrator— (A) is not a past or current owner or operator of— (i) the abandoned mine site at which the historic mine residue is located; or (ii) a portion of that abandoned mine site; (B) had no role in the creation of the historic mine residue; and (C) is not potentially liable under any Federal, State, Tribal, or local law for the remediation, treatment, or control of the historic mine residue. (7) Good Samaritan permit The term Good Samaritan permit means a permit granted by the Administrator under section 4(a)(1). (8) Historic mine residue (A) In general The term historic mine residue means mine residue or any condition at an abandoned mine site resulting from hardrock mining activities conducted on— (i) Federal land under sections 2319 through 2352 of the Revised Statutes (commonly known as the Mining Law of 1872 ; 30 U.S.C. 22 et seq. ); or (ii) State, Tribal, or private land. (B) Inclusions The term historic mine residue includes— (i) previously mined ores and minerals other than coal that contribute to acid mine drainage or other pollution; (ii) equipment (including materials in equipment); (iii) any tailings, heap leach piles, dump leach piles, waste rock, overburden, slag piles, or other waste or material resulting from any extraction, beneficiation, or other processing activity that occurred during the active operation of an abandoned mine site; (iv) any acidic or otherwise polluted flow in surface water or groundwater that originates from, or is pooled and contained in, an inactive or abandoned mine site, such as underground workings, open pits, in-situ leaching operations, ponds, or impoundments; (v) any hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )); (vi) any pollutant or contaminant (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )); and (vii) any pollutant (as defined in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 )). (9) Indian tribe The term Indian tribe has the meaning given the term in section 518(h) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377(h) ). (10) Investigative sampling permit The term investigative sampling permit means a permit granted by the Administrator under section 4(d)(1). (11) Person The term person means any entity described in— (A) section 502(5) of the Federal Water Pollution Control Act ( 33 U.S.C. 1362(5) ); and (B) section 101(21) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(21) ). (12) Remediation (A) In general The term remediation means any action taken to investigate, characterize, or cleanup, in whole or in part, a discharge, release, or threat of release of a hazardous substance, pollutant, or contaminant into the environment at or from an abandoned mine site, or to otherwise protect and improve human health and the environment. (B) Inclusion The term remediation includes any action to remove, treat, or contain historic mine residue to prevent, minimize, or reduce— (i) the release or threat of release of a hazardous substance, pollutant, or contaminant that would harm human health or the environment; or (ii) a migration or discharge of a hazardous substance, pollutant, or contaminant that would harm human health or the environment. (C) Exclusion for state, tribal, or private land In the case of a project to remediate historic mine residue at any portion of an abandoned mine site on State, Tribal, or private land, the term remediation does not include any action that requires plugging, opening, or otherwise altering the portal or adit of the abandoned mine site. (13) Reservation The term reservation has the meaning given the term Indian country in section 1151 of title 18, United States Code. (14) Responsible owner or operator The term responsible owner or operator means a person that is— (A) (i) legally responsible under section 301 of the Federal Water Pollution Control Act ( 33 U.S.C. 1311 ) for a discharge that originates from an abandoned mine site; and (ii) financially able to comply with each requirement described in that section; or (B) (i) a present or past owner or operator or other person that is liable with respect to a release or threat of release of a hazardous substance, pollutant, or contaminant associated with the historic mine residue at or from an abandoned mine site under section 104, 106, 107, or 113 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604 , 9606, 9607, 9613); and (ii) financially able to comply with each requirement described in those sections, as applicable. 3. Scope Nothing in this Act— (1) reduces any existing liability; (2) releases any person from liability, except in compliance with this Act; (3) authorizes the conduct of any mining or processing other than the conduct of any processing of previously mined ores, minerals, wastes, or other materials that is authorized by a Good Samaritan permit; (4) imposes liability on the United States or a Federal land management agency pursuant to section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9607 ) or section 301 of the Federal Water Pollution Control Act ( 33 U.S.C. 1311 ); or (5) relieves the United States or any Federal land management agency from any liability under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9607 ) or section 301 of the Federal Water Pollution Control Act ( 33 U.S.C. 1311 ) that exists apart from any action undertaken pursuant to this Act. 4. Abandoned mine site Good Samaritan pilot project authorization (a) Establishment (1) In general The Administrator shall establish a pilot program under which the Administrator shall grant not more than 15 Good Samaritan permits to carry out projects to remediate historic mine residue at any portions of abandoned mine sites in accordance with this Act. (2) Oversight of permits The Administrator may oversee the remediation project under paragraph (1), and any action taken by the applicable Good Samaritan or any cooperating person under the applicable Good Samaritan permit, for the duration of the Good Samaritan permit, as the Administrator determines to be necessary to review the status of the project. (b) Good Samaritan permit eligibility (1) In general To be eligible to receive a Good Samaritan permit to carry out a project to remediate an abandoned mine site, a person shall demonstrate that— (A) the abandoned mine site that is the subject of the application for a Good Samaritan permit is located in the United States; (B) the purpose of the proposed project is the remediation at that abandoned mine site of historic mine residue; (C) the proposed activities are designed to result in the partial or complete remediation of historic mine residue at the abandoned mine site; (D) the proposed project poses a low risk to the environment; (E) to the satisfaction of the Administrator, the person— (i) possesses, or has the ability to secure, the financial and other resources necessary— (I) to complete the permitted work, as determined by the Administrator; and (II) to address any contingencies identified in the Good Samaritan permit application described in subsection (c); (ii) possesses the proper and appropriate experience and capacity to complete the permitted work; and (iii) will complete the permitted work; and (F) the person is a Good Samaritan with respect to the historic mine residue proposed to be covered by the Good Samaritan permit. (2) Identification of all responsible owners or operators (A) In general A Good Samaritan shall make reasonable and diligent efforts to identify, from a review of publicly available information in land records or on internet websites of Federal, State, and local regulatory authorities, all responsible owners or operators of an abandoned mine site proposed to be remediated by the Good Samaritan under this section. (B) Existing responsible owner or operator If the Administrator determines, based on information provided by a Good Samaritan or otherwise, that a responsible owner or operator exists for an abandoned mine site proposed to be remediated by the Good Samaritan, the Administrator shall deny the application for a Good Samaritan permit. (c) Application for permits To obtain a Good Samaritan permit, a person shall submit to the Administrator an application, signed by the person and any cooperating person, that provides, to the extent known or reasonably discoverable by the person on the date on which the application is submitted— (1) a description of the abandoned mine site (including the boundaries of the abandoned mine site) proposed to be covered by the Good Samaritan permit; (2) a description of all parties proposed to be involved in the remediation project, including any cooperating person and each member of an applicable corporation, association, partnership, consortium, joint venture, commercial entity, or nonprofit association; (3) evidence that the person has or will acquire all legal rights or the authority necessary to enter the relevant abandoned mine site and perform the remediation described in the application; (4) a detailed description of the historic mine residue to be remediated; (5) a detailed description of the expertise and experience of the person and the resources available to the person to successfully implement and complete the remediation plan under paragraph (7); (6) to the satisfaction of the Administrator and subject to subsection (d), a description of the baseline environmental conditions, including potentially affected surface water quality and hydrological conditions, affected by the historic mine residue to be remediated that includes— (A) the nature and extent of any adverse impact on the water quality of any body of water caused by the drainage of historic mine residue or other discharges from the abandoned mine site; (B) the flow rate and concentration of any drainage of historic mine residue or other discharge from the abandoned mine site in any body of water that has resulted in an adverse impact described in subparagraph (A); and (C) any other release or threat of release of historic mine residue that has resulted in an adverse impact to public health or the environment; (7) subject to subsection (d), a remediation plan for the abandoned mine site that describes— (A) the nature and scope of the proposed remediation activities, including— (i) any historic mine residue to be addressed by the remediation plan; and (ii) a description of the goals of the remediation including, if applicable, with respect to— (I) the reduction or prevention of a release, threat of release, or discharge to surface waters; or (II) other appropriate goals relating to water or soil; (B) each activity that the person proposes to take that is designed— (i) to improve or enhance water quality or site-specific soil quality relevant to the historic mine residue addressed by the remediation plan, including making measurable progress toward achieving applicable water quality standards; or (ii) to otherwise protect human health and the environment (including through the prevention of a release, discharge, or threat of release to water or soil); (C) the monitoring or other form of assessment that will be undertaken by the person to evaluate the success of the activities described in subparagraph (A) during and after the remediation, with respect to the baseline conditions, as described in paragraph (6); (D) to the satisfaction of the Administrator, detailed engineering plans for the project; (E) detailed plans for any proposed recycling or reprocessing of historic mine residue to be conducted by the person (including a description of how all proposed recycling or reprocessing activities contribute to the remediation of the abandoned mine site); and (F) identification of any proposed contractor that will perform any remediation activity; (8) subject to subsection (d), a schedule for the work to be carried out under the project, including a schedule for periodic reporting by the person on the remediation of the abandoned mine site; (9) subject to subsection (d), in the case of a remediation activity that requires plugging, opening, or otherwise altering the portal or adit of an abandoned mine site, an evaluation of abandoned mine site conditions, including an assessment of any pooled water or hydraulic pressure in the abandoned mine site conducted by a licensed professional engineer; (10) a health and safety plan that is specifically designed for mining remediation work; (11) a specific contingency plan that— (A) includes provisions on response and notification to Federal, State, and local authorities with jurisdiction over downstream waters that have the potential to be impacted by an unplanned release or discharge of hazardous substances, pollutants, or contaminants; and (B) is designed to respond to unplanned adverse events (such as potential fluid release that may result from addressing pooled water or hydraulic pressure situations), including the sudden release of historic mine residue; (12) subject to subsection (d), a project budget and description of financial resources that demonstrate that the permitted work, including any operation and maintenance, will be completed; (13) subject to subsection (d), information demonstrating that the applicant has the financial resources to carry out the remediation (including any long-term monitoring that may be required by the Good Samaritan permit) or the ability to secure an appropriate third-party financial assurance, as determined by the Administrator, to ensure completion of the permitted work, including any long-term operations and maintenance of remediation activities that may be— (A) proposed in the application for the Good Samaritan permit; or (B) required by the Administrator as a condition of granting the permit; (14) subject to subsection (d), a detailed plan for any required operation and maintenance of any remediation, including a timeline, if necessary; (15) subject to subsection (d), a description of any planned post-remediation monitoring, if necessary; and (16) subject to subsection (d), any other appropriate information, as determined by the Administrator or the applicant. (d) Investigative sampling (1) Investigative sampling permits The Administrator may grant an investigative sampling permit for a period determined by the Administrator to authorize a person to conduct investigative sampling of historic mine residue, soil, or water to determine— (A) baseline conditions; and (B) whether the person— (i) is willing to perform further remediation to address the historic mine residue; and (ii) will proceed with a permit conversion under subsection (e)(1). (2) Application If a person proposes to conduct investigative sampling, the person shall submit to the Administrator an investigative sampling permit application that contains, to the satisfaction of the Administrator— (A) each description required under paragraphs (1), (2), (5), and (6) of subsection (c); (B) the evidence required under subsection (c)(3); (C) each plan required under paragraphs (10) and (11) of subsection (c); and (D) a detailed plan of the investigative sampling. (3) Permit limitations (A) In general If a person submits an application that proposes only investigative sampling of historic mine residue, soil, or water that only includes the requirements described in paragraph (2), the Administrator may only grant an investigative sampling permit that authorizes the person only to carry out the plan of investigative sampling of historic mine residue, soil, or water, as described in the investigative sampling permit application under paragraph (2). (B) Reprocessing An investigative sampling permit— (i) shall not authorize a Good Samaritan or cooperating person to conduct any reprocessing of material; and (ii) may authorize metallurgical testing to determine whether reprocessing under subsection (f)(5)(B) is feasible. (4) Requirements relating to samples In conducting investigative sampling of historic mine residue, soil, or water, a person shall— (A) collect samples that are representative of the conditions present at the abandoned mine site that is the subject of the investigative sampling permit; and (B) retain publicly available records of all sampling events for a period of not less than 3 years. (5) Post-sampling remediation (A) Refusal to convert permit Subject to subparagraph (B), a person who obtains an investigative sampling permit may decline to apply to convert the investigative sampling permit into a Good Samaritan permit under paragraph (6) and decline to undertake remediation on conclusion of investigative sampling. (B) Return to preexisting conditions If the activities carried out by a person under an investigative sampling permit result in surface water quality conditions, or any other environmental conditions, that are worse than the preexisting conditions of the applicable abandoned mine site due to historic mine residue at the abandoned mine site, the person shall undertake actions to return the abandoned mine site to those preexisting conditions. (6) Permit conversion Not later than 1 year after the date on which the investigative sampling under the investigative sampling permit concludes, a person to whom an investigative sampling permit is granted under paragraph (1) may apply to convert an investigative sampling permit into a Good Samaritan permit under subsection (e)(1). (e) Investigative sampling conversion (1) In general A person to which an investigative sampling permit was granted may submit to the Administrator an application in accordance with paragraph (2) to convert the investigative sampling permit into a Good Samaritan permit. (2) Application (A) Investigative sampling An application for the conversion of an investigative sampling permit under paragraph (1) shall include any requirement described in subsection (c) that was not included in full in the application submitted under subsection (d)(2). (B) Public notice and comment An application for permit conversion under this paragraph shall be subject to— (i) environmental review and public comment procedures required by subsection (l); and (ii) a public hearing, if requested. (f) Content of permits (1) In general A Good Samaritan permit shall contain— (A) the information described in subsection (c), including any modification required by the Administrator; (B) (i) a provision that states that the Good Samaritan is responsible for securing, for all activities authorized under the Good Samaritan permit, all authorizations, licenses, and permits that are required under applicable law except for— (I) section 301, 302, 306, 307, 402, or 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1311 , 1312, 1316, 1317, 1342, 1344); and (II) authorizations, licenses, and permits that would not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9621 ); or (ii) in the case of an abandoned mine site in a State that is authorized to implement State law pursuant to section 402 or 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 , 1344) or on land of an Indian tribe that is authorized to implement Tribal law pursuant to that section, a provision that states that the Good Samaritan is responsible for securing, for all activities authorized under the Good Samaritan permit, all authorizations, licenses, and permits that are required under applicable law, except for— (I) the State or Tribal law, as applicable; and (II) authorizations, licenses, and permits that would not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9621 ); (C) specific public notification requirements, including the contact information for all appropriate response centers in accordance with subsection (o); (D) in the case of a project on land owned by the United States, a notice that the Good Samaritan permit serves as an agreement for use and occupancy of Federal land that is enforceable by the applicable Federal land management agency; and (E) any other terms and conditions determined to be appropriate by the Administrator or the Federal land management agency, as applicable. (2) Force majeure A Good Samaritan permit may include, at the request of the Good Samaritan, a provision that a Good Samaritan may assert a claim of force majeure for any violation of the Good Samaritan permit caused solely by— (A) an act of God; (B) an act of war; (C) negligence on the part of the United States; (D) an act or omission of a third party, if the Good Samaritan— (i) exercises due care with respect to the actions of the Good Samaritan under the Good Samaritan permit, as determined by the Administrator; (ii) took precautions against foreseeable acts or omissions of the third party, as determined by the Administrator; and (iii) uses reasonable efforts— (I) to anticipate any potential force majeure; and (II) to address the effects of any potential force majeure; or (E) a public health emergency declared by the Federal Government or a global government, such as a pandemic or an epidemic. (3) Monitoring (A) In general The Good Samaritan shall take such actions as the Good Samaritan permit requires to ensure appropriate baseline monitoring, monitoring during the remediation project, and post-remediation monitoring of the environment under paragraphs (6), (7), and (15), respectively, of subsection (c). (B) Multiparty monitoring The Administrator may approve in a Good Samaritan permit the monitoring by multiple cooperating persons if, as determined by the Administrator— (i) the multiparty monitoring will effectively accomplish the goals of this section; and (ii) the Good Samaritan remains responsible for compliance with the terms of the Good Samaritan permit. (4) Signature by Good Samaritan The signature of the relevant Good Samaritan and a cooperating person, if any, on the Good Samaritan permit shall be considered to be an acknowledgment by the Good Samaritan that the Good Samaritan accepts the terms and conditions of the Good Samaritan permit. (5) Other development (A) No authorization of mining activities No mineral exploration, processing, beneficiation, or mining shall be— (i) authorized by this Act; or (ii) covered by any waiver of liability provided by this Act from applicable law. (B) Reprocessing of materials A Good Samaritan may reprocess materials recovered during the implementation of a remediation plan only if— (i) the project under the Good Samaritan permit is on land owned by the United States; (ii) the applicable Federal land management agency has signed a decision document under subsection (l)(2)(G) approving reprocessing as part of a remediation plan; (iii) the proceeds from the sale or use of the materials are used— (I) to defray the costs of the remediation; and (II) to the extent required by the Good Samaritan permit, to reimburse the Administrator or the head of a Federal land management agency for any costs incurred for oversight of the Good Samaritan; and (iv) any remaining proceeds are deposited into the Good Samaritan Mine Remediation Fund established by section 5(a). (C) Connection with other activities The commingling or association of any other discharge of water or historic mine residue or any activity, project, or operation conducted on or after the date of enactment of this Act with any aspect of a project subject to a Good Samaritan permit shall not limit or reduce the liability of any person associated with the other discharge of water or historic mine residue or activity, project, or operation. (g) Additional work A Good Samaritan permit may allow the Good Samaritan to return to the abandoned mine site after the completion of the remediation to perform operations and maintenance or other work— (1) to ensure the functionality of the abandoned mine site; or (2) to protect public health and the environment. (h) Timing Work authorized under a Good Samaritan permit— (1) shall commence, as applicable— (A) not later than the date that is 18 months after the date on which the Administrator granted the Good Samaritan permit, unless the Administrator grants an extension under subsection (r)(3)(B)(i); or (B) if the grant of the Good Samaritan permit is the subject of a petition for judicial review, not later than the date that is 18 months after the date on which the judicial review, including any appeals, has concluded; and (2) shall continue until completed, with temporary suspensions permitted during adverse weather or other conditions specified in the Good Samaritan permit. (i) Transfer of permits A Good Samaritan permit may be transferred to another person only if— (1) the Administrator determines that the transferee qualifies as a Good Samaritan; (2) the transferee signs, and agrees to be bound by the terms of, the permit; (3) the Administrator includes in the transferred permit any additional conditions necessary to meet the goals of this section; and (4) in the case of a project under the Good Samaritan permit on land owned by the United States, the head of the applicable Federal land management agency approves the transfer. (j) Role of administrator and federal land management agencies In carrying out this section— (1) the Administrator shall— (A) consult with prospective applicants; (B) convene, coordinate, and lead the application review process; (C) maintain all records relating to the Good Samaritan permit and the permit process; (D) in the case of a proposed project on State, Tribal, or private land, provide an opportunity for cooperating persons and the public to participate in the Good Samaritan permit process, including— (i) carrying out environmental review and public comment procedures pursuant to subsection (l); and (ii) a public hearing, if requested; and (E) enforce and otherwise carry out this section; and (2) the head of an applicable Federal land management agency shall— (A) in the case of a proposed project on land owned by the United States, provide an opportunity for cooperating persons and the public to participate in the Good Samaritan permit process, including— (i) carrying out environmental review and public comment procedures pursuant to subsection (l); and (ii) a public hearing, if requested; and (B) in coordination with the Administrator, enforce Good Samaritan permits issued under this section for projects on land owned by the United States. (k) State, local, and tribal governments As soon as practicable, but not later than 14 days after the date on which the Administrator receives an application for the remediation of an abandoned mine site under this section, the Administrator shall provide notice and a copy of the application to— (1) each local government with jurisdiction over a drinking water utility, and each Indian tribe with reservation or off-reservation treaty rights to land or water, located downstream from a proposed remediation project that is reasonably anticipated to be adversely impacted by a potential release of contaminants from the abandoned mine site, as determined by the Administrator; (2) each Federal, State, and Tribal agency that may have an interest in the application; and (3) in the case of an abandoned mine site that is located partially or entirely on land owned by the United States, the Federal land management agency with jurisdiction over that land. (l) Environmental review and public comment (1) In general Before the issuance of a Good Samaritan permit to carry out a project for the remediation of an abandoned mine site, the Administrator shall ensure that environmental review and public comment procedures are carried out with respect to the proposed project. (2) Relation to NEPA (A) Major Federal action Subject to subparagraph (F), the issuance or modification of a Good Samaritan permit by the Administrator shall be considered a major Federal action for purposes of section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). (B) Lead agency The lead agency for purposes of an environmental assessment and public comment under this subsection shall be— (i) in the case of a proposed project on land owned by the United States, the applicable Federal land management agency; and (ii) in the case of a proposed project on State, Tribal, or private land, the Administrator. (C) Coordination To the maximum extent practicable, the lead agency described in subparagraph (B) shall coordinate procedures under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with State, Tribal, and Federal cooperating agencies, as applicable. (D) Cooperating agency In the case of a proposed project on land owned by the United States, the Administrator shall be a cooperating agency for purposes of an environmental assessment and public comment under this subsection. (E) Single NEPA document The lead agency described in subparagraph (B) may conduct a single environmental assessment for— (i) the issuance of a Good Samaritan permit; (ii) any activities authorized by a Good Samaritan permit; and (iii) any applicable permits required by the Secretary of the Interior or the Secretary of Agriculture. (F) Significant impacts A Good Samaritan permit may only be issued if the head of the lead agency makes a finding of no significant impact supported by the environmental assessment conducted pursuant to this subsection. (G) Decision document An approval or denial of a Good Samaritan permit may be issued as a single decision document that is signed by— (i) the Administrator; and (ii) in the case of a project on land owned by the United States, the head of the applicable Federal land management agency. (H) Limitation Nothing in this paragraph exempts the Secretary of Agriculture or the Secretary of the Interior, as applicable, from any other requirements of section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). (m) Permit grant (1) In general The Administrator may grant a Good Samaritan permit to carry out a project for the remediation of an abandoned mine site only if— (A) the Administrator determines that— (i) the person seeking the permit is a Good Samaritan; (ii) the application described in subsection (c) is complete; (iii) the project is designed to remediate historic mine residue at the abandoned mine site to protect public health and the environment; (iv) the proposed project is designed to meet all other goals, as determined by the Administrator, including any goals set forth in the application for the Good Samaritan permit that are accepted by the Administrator; (v) the proposed activities, as compared to the baseline conditions described in subsection (c)(6)— (I) will make measurable progress toward achieving applicable water quality standards; or (II) are designed to result in— (aa) improved soil quality or other environmental or safety conditions; or (bb) reductions in further threats to soil quality or other environmental or safety conditions; (vi) the applicant has— (I) demonstrated that the applicant has the proper and appropriate experience and capacity to complete the permitted work; (II) demonstrated that the applicant will complete the permitted work; (III) the financial and other resources to address any contingencies identified in the Good Samaritan permit application described in subsections (b) and (c); (IV) granted access and provided the authority to review the records of the applicant relevant to compliance with the requirements of the Good Samaritan permit; and (V) demonstrated, to the satisfaction of the Administrator, that— (aa) the applicant has, or has access to, the financial resources to complete the project described in the Good Samaritan permit application, including any long-term monitoring and operations and maintenance that the Administrator may require the applicant to perform in the Good Samaritan permit; or (bb) the applicant has established a third-party financial assurance mechanism, such as a corporate guarantee from a parent or other corporate affiliate, letter of credit, trust, surety bond, or insurance to assure that funds are available to complete the permitted work, including for operations and maintenance and to address potential contingencies, that establishes the Administrator or the head of the Federal land management agency as the beneficiary of the third-party financial assurance mechanism and that allows the Administrator to retain and use the funds from the financial assurance mechanism in the event the Good Samaritan does not complete the remediation under the Good Samaritan permit; and (vii) the project meets the requirements of this Act; (B) the State or Indian tribe with jurisdiction over land on which the abandoned mine site is located has been given an opportunity to review and, if necessary, comment on the grant of the Good Samaritan permit; (C) in the case of a project proposed to be carried out under the Good Samaritan permit partially or entirely on land owned by the United States, pursuant to subsection (l), the head of the applicable Federal land management agency has signed a decision document approving the proposed project; and (D) the Administrator or head of the Federal land management agency, as applicable, has provided— (i) environmental review and public comment procedures required by subsection (l); and (ii) a public hearing under that subsection, if requested. (2) Deadline (A) In general The Administrator shall grant or deny a Good Samaritan permit by not later than— (i) the date that is 180 days after the date of receipt by the Administrator of an application for the Good Samaritan permit that, as determined by the Administrator, is complete and meets all applicable requirements of subsection (c); or (ii) such later date as may be determined by the Administrator with notification provided to the applicant. (B) Constructive denial If the Administrator fails to grant or deny a Good Samaritan permit by the applicable deadline described in subparagraph (A), the application shall be considered to be denied. (3) Discretionary action The issuance of a permit by the Administrator and the approval of a project by the head of an applicable Federal land management agency shall be considered to be discretionary actions taken in the public interest. (n) Effect of permits (1) In general A Good Samaritan, recipient of an investigative sampling permit, and any cooperating person undertaking remediation activities identified in, carried out pursuant to, and in compliance with, a Good Samaritan permit— (A) shall be considered to be in compliance with all requirements (including permitting requirements) under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (including any law or regulation implemented by a State or Indian tribe under section 402 or 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 , 1344)) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) during the term of the Good Samaritan permit and after the termination of the Good Samaritan permit; (B) shall not be required to obtain a permit under, or to comply with, section 301, 302, 306, 307, 402, or 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1311 , 1312, 1316, 1317, 1342, 1344), or any State or Tribal standards or regulations approved by the Administrator under those sections of that Act, during the term of the Good Samaritan permit and after the termination of the Good Samaritan permit; and (C) shall not be required to obtain any authorizations, licenses, or permits that would otherwise not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9621 ). (2) Activities not relating to remediation (A) In general Any person (including a Good Samaritan or any cooperating person) that carries out any activity relating to mineral exploration, processing, beneficiation, or mining, including development, that is not authorized by the applicable Good Samaritan permit shall be subject to all applicable law. (B) Liability Any activity not authorized by a Good Samaritan permit, as determined by the Administrator, may be subject to liability and enforcement under all applicable law, including— (i) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and (ii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ). (3) No enforcement liability for Good Samaritans (A) Discharges Subject to subparagraphs (B) and (C), a Good Samaritan, recipient of an investigative sampling permit, or cooperating person that is conducting a remediation activity identified in, pursuant to, and in compliance with, a Good Samaritan permit shall not be subject to enforcement, civil or criminal penalties, citizen suits, or any other liability (including any liability for response costs, natural resource damage, or contribution) under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (including under any law or regulation administered by a State or Indian tribe under that Act) or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) for any actions undertaken or for any past, present, or future releases, threats of releases, or discharges of hazardous substances, pollutants, or contaminants at or from the abandoned mine site that is the subject of the Good Samaritan permit (including any releases, threats of releases, or discharges that occurred prior to the grant of the Good Samaritan permit) during the term of the Good Samaritan permit and after termination of the Good Samaritan permit. (B) Other parties Nothing in subparagraph (A) limits the liability of any person that is not described in that subparagraph. (C) Violation of a permit prior to termination Notwithstanding subparagraph (A), if a Good Samaritan or cooperating person violates the terms of a Good Samaritan permit and that violation results in surface water quality or other environmental conditions that are measurably worse than baseline conditions at the abandoned mine site, the Administrator shall— (i) notify the Good Samaritan and the cooperating person of the violation; and (ii) require the Good Samaritan or the cooperating person, as applicable, to undertake reasonable measures, as determined by the Administrator, to return surface water quality or other environmental conditions to the condition that existed prior to the violation. (4) Minor or corrected permit violations For purposes of this subsection, failure to comply with any term, condition, or limitation of a Good Samaritan permit or investigative sampling permit shall not be considered a permit violation or noncompliance if— (A) that failure to comply is corrected by the permittee within a reasonable period of time, as established by the Administrator; and (B) (i) that failure or noncompliance does not result in a measurable adverse impact on water quality or other environmental conditions; or (ii) the water quality and other affected environmental conditions as a result of that failure or noncompliance have been returned to the condition that existed prior to the violation, as described in paragraph (3)(C)(ii). (o) Public notification of adverse event A Good Samaritan shall notify all appropriate Federal, State, Tribal, and local entities of any unplanned or previously unknown release of historic mine residue caused by the actions of the Good Samaritan or any cooperating person in accordance with— (1) section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9603 ); (2) section 304 of the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11004 ); (3) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (4) any other applicable provision of Federal law; and (5) any other applicable provision of State, Tribal, or local law. (p) Grant eligibility A remediation project conducted under a Good Samaritan permit shall be eligible for funding pursuant to— (1) section 319 of the Federal Water Pollution Control Act ( 33 U.S.C. 1329 ); and (2) section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ). (q) Emergency authority and liability (1) Emergency authority Nothing in this section affects the authority of— (A) the Administrator to take any responsive action authorized by law; or (B) a Federal, State, Tribal, or local agency to carry out any emergency authority, including an emergency authority provided under Federal, State, Tribal, or local law. (2) Liability Except as specifically provided in this Act, nothing in this Act, a Good Samaritan permit, or an investigative sampling permit limits the liability of any person (including a Good Samaritan or any cooperating person) under any provision of law. (r) Termination of authority (1) Termination (A) In general Except as provided in subparagraph (B), the authority to grant Good Samaritan permits pursuant to this Act shall terminate on the date that is 7 years after the date of enactment of this Act. (B) Exception Notwithstanding subparagraph (A), the Administrator may grant a Good Samaritan permit pursuant to this Act after the date identified in subparagraph (A) if the application for the Good Samaritan permit— (i) was submitted not later than 180 days before that date; and (ii) was completed in accordance with subsection (e)(1) by not later than 7 years after the date of enactment of this Act. (2) Effect on certain permits Any Good Samaritan permit granted by the deadline prescribed in subparagraph (A) or (B) of paragraph (1), as applicable, that is in effect on the date that is 7 years after the date of enactment of this Act shall remain in effect after that date in accordance with— (A) the terms and conditions of the Good Samaritan permit; and (B) this Act. (3) Termination of permit (A) In general A Good Samaritan permit shall terminate, as applicable— (i) on inspection and notice from the Administrator to the recipient of the Good Samaritan permit that the permitted work has been completed in accordance with the terms of the Good Samaritan permit, as determined by the Administrator; (ii) if the Administrator terminates a permit under paragraph (4)(B)(i); or (iii) except as provided in subparagraph (B)— (I) on the date that is 18 months after the date on which the Administrator granted the Good Samaritan permit, if the permitted work has not commenced by that date; or (II) if the grant of the Good Samaritan permit was the subject of a petition for judicial review, on the date that is 18 months after the date on which the judicial review, including any appeals, has concluded, if the permitted work has not commenced by that date. (B) Extension (i) In general If the Administrator is otherwise required to terminate a Good Samaritan permit under subparagraph (A)(iii), the Administrator may grant an extension of the Good Samaritan permit. (ii) Limitation Any extension granted under clause (i) shall be not more than 180 days for each extension. (4) Unforeseen circumstances (A) In general The recipient of a Good Samaritan permit or investigative sampling permit may seek to modify or terminate the Good Samaritan permit or investigative sampling permit to take into account any event or condition that— (i) significantly reduces the feasibility or significantly increases the cost of completing the remediation project that is the subject of the Good Samaritan permit or investigative sampling permit; (ii) was not— (I) reasonably contemplated by the recipient of the permit; or (II) taken into account in the remediation plan of the recipient of the permit; and (iii) is beyond the control of the recipient of the permit, as determined by the Administrator. (B) Termination (i) In general The Administrator shall terminate a Good Samaritan permit or investigative sampling permit if— (I) the recipient of the permit seeks termination of the permit under subparagraph (A); (II) the factors described in subparagraph (A) are satisfied; and (III) the Administrator determines that remediation activities conducted by the Good Samaritan or person pursuant to the Good Samaritan permit or investigative sampling permit, respectively, may result in surface water quality conditions, or any other environmental conditions, that will be worse than the baseline conditions, as described in subsection (c)(6), as applicable. (ii) Effect of termination Notwithstanding the termination of a Good Samaritan permit or an investigative sampling permit under clause (i), the provisions of paragraphs (1) through (4) of subsection (n) shall continue to apply to the Good Samaritan, the recipient of an investigative sampling permit, and any cooperating persons after the termination, including to any long-term operations and maintenance pursuant to the agreement under paragraph (5). (5) Long-term operations and maintenance In the case of a project that involves long-term operations and maintenance at an abandoned mine site located on land owned by the United States, the project may be considered complete and the Administrator may terminate the Good Samaritan permit under this subsection if the applicable Good Samaritan has entered into an agreement with the applicable Federal land management agency or a cooperating person for the long-term operations and maintenance that includes sufficient funding for the long-term operations and maintenance. (s) Regulations (1) In general Subject to paragraph (2), not later than 18 months after the date of enactment of this Act, the Administrator, in consultation with the Secretary of the Interior and the Secretary of Agriculture, and appropriate State, Tribal, and local officials, shall promulgate regulations to establish— (A) requirements for remediation plans described in subsection (c); and (B) any other requirement that the Administrator determines to be necessary to carry out this Act. (2) Specific requirements before promulgation of regulations Before the date on which the Administrator promulgates regulations under paragraph (1), the Administrator may establish, on a case-by-case basis, specific requirements that the Administrator determines would facilitate the implementation of this subsection with respect to a Good Samaritan permitting program. 5. Special accounts (a) Establishment There is established in the Treasury of the United States a Good Samaritan Mine Remediation Fund (referred to in this section as a Fund ) for— (1) each Federal land management agency that authorizes a Good Samaritan to conduct a project on Federal land under the jurisdiction of that Federal land management agency under a Good Samaritan permit; and (2) the Environmental Protection Agency. (b) Deposits Each Fund shall consist of— (1) amounts provided in appropriation Acts; (2) any proceeds from reprocessing deposited under section 4(f)(5)(B)(iv); (3) any financial assurance funds collected from an agreement described in section 4(m)(1)(A)(vi)(V)(bb); (4) any funds collected for long-term operations and maintenance under an agreement under section 4(r)(5); (5) any interest earned under an investment under subsection (c); (6) any proceeds from the sale or redemption of investments held in the Fund; and (7) any amounts donated to the Fund by any person. (c) Unused funds Amounts in each Fund not currently needed to carry out this Act shall be— (1) maintained as readily available or on deposit; (2) invested in obligations of the United States or guaranteed by the United States; or (3) invested in obligations, participations, or other instruments that are lawful investments for a fiduciary, a trust, or public funds. (d) Retain and use authority The Administrator and each head of a Federal land management agency, as appropriate, may, notwithstanding any other provision of law, retain and use money deposited in the applicable Fund without fiscal year limitation for the purpose of carrying out this Act. 6. Report to Congress (a) In general Not later than 8 years after the date of enactment of this Act, the Administrator, in consultation with the heads of Federal land management agencies, shall submit to the Committee on Environment and Public Works of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Natural Resources of the House of Representatives a report evaluating the Good Samaritan pilot program under this Act. (b) Inclusions The report under subsection (a) shall include— (1) a description of— (A) the number, types, and objectives of Good Samaritan permits granted pursuant to this Act; and (B) each remediation project authorized by those Good Samaritan permits; (2) qualitative and quantitative data on the results achieved under the Good Samaritan permits before the date of issuance of the report; (3) a description of— (A) any problems encountered in administering this Act; and (B) whether the problems have been or can be remedied by administrative action (including amendments to existing law); (4) a description of progress made in achieving the purposes of this Act; and (5) recommendations on whether the Good Samaritan pilot program under this Act should be continued, including a description of any modifications (including amendments to existing law) required to continue administering this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3571is/xml/BILLS-117s3571is.xml |
117-s-3572 | II 117th CONGRESS 2d Session S. 3572 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Wyden (for himself, Mr. Booker , Mr. Schatz , Ms. Hirono , Mr. Heinrich , Mr. Luján , Ms. Baldwin , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Federal Trade Commission to require impact assessments of automated decision systems and augmented critical decision processes, and for other purposes.
1. Short title This Act may be cited as the Algorithmic Accountability Act of 2022 . 2. Definitions In this Act: (1) Augmented critical decision process The term augmented critical decision process means a process, procedure, or other activity that employs an automated decision system to make a critical decision. (2) Automated decision system The term automated decision system means any system, software, or process (including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure) that uses computation, the result of which serves as a basis for a decision or judgment. (3) Biometrics The term biometrics means any information that represents a biological, physiological, or behavioral attribute or feature of a consumer. (4) Chair The term Chair means the Chair of the Commission. (5) Commission The term Commission means the Federal Trade Commission. (6) Consumer The term consumer means an individual. (7) Covered entity (A) In general The term covered entity means any person, partnership, or corporation over which the Commission has jurisdiction under section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) )— (i) that deploys any augmented critical decision process; and (I) had greater than $50,000,000 in average annual gross receipts or is deemed to have greater than $250,000,000 in equity value for the 3-taxable-year period (or for the period during which the person, partnership, or corporation has been in existence, if such period is less than 3 years) preceding the most recent fiscal year, as determined in accordance with paragraphs (2) and (3) of section 448(c) of the Internal Revenue Code of 1986; (II) possesses, manages, modifies, handles, analyzes, controls, or otherwise uses identifying information about more than 1,000,000 consumers, households, or consumer devices for the purpose of developing or deploying any automated decision system or augmented critical decision process; or (III) is substantially owned, operated, or controlled by a person, partnership, or corporation that meets the requirements under subclause (I) or (II); (ii) that— (I) had greater than $5,000,000 in average annual gross receipts or is deemed to have greater than $25,000,000 in equity value for the 3-taxable-year period (or for the period during which the person, partnership, or corporation has been in existence, if such period is less than 3 years) preceding the most recent fiscal year, as determined in accordance with paragraphs (2) and (3) of section 448(c) of the Internal Revenue Code of 1986; and (II) deploys any automated decision system that is developed for implementation or use, or that the person, partnership, or corporation reasonably expects to be implemented or used, in an augmented critical decision process by any person, partnership, or corporation if such person, partnership, or corporation meets the requirements described in clause (i); or (iii) that met the criteria described in clause (i) or (ii) within the previous 3 years. (B) Inflation adjustment For purposes of applying this paragraph in any fiscal year after the first fiscal year that begins on or after the date of enactment of this Act, each of the dollar amounts specified in subparagraph (A) shall be increased by the percentage increase (if any) in the consumer price index for all urban consumers (U.S. city average) from such first fiscal year that begins after such date of enactment to the fiscal year involved. (8) Critical decision The term critical decision means a decision or judgment that has any legal, material, or similarly significant effect on a consumer's life relating to access to or the cost, terms, or availability of— (A) education and vocational training, including assessment, accreditation, or certification; (B) employment, workers management, or self-employment; (C) essential utilities, such as electricity, heat, water, internet or telecommunications access, or transportation; (D) family planning, including adoption services or reproductive services; (E) financial services, including any financial service provided by a mortgage company, mortgage broker, or creditor; (F) healthcare, including mental healthcare, dental, or vision; (G) housing or lodging, including any rental or short-term housing or lodging; (H) legal services, including private arbitration or mediation; or (I) any other service, program, or opportunity decisions about which have a comparably legal, material, or similarly significant effect on a consumer's life as determined by the Commission through rulemaking. (9) Deploy The term deploy means to implement, use, or make available for sale, license, or other commercial relationship. (10) Develop The term develop means to design, code, produce, customize, or otherwise create or modify. (11) Identifying information The term identifying information means any information, regardless of how the information is collected, inferred, predicted, or obtained that identifies or represents a consumer, household, or consumer device through data elements or attributes, such as name, postal address, telephone number, biometrics, email address, internet protocol address, social security number, or any other identifying number, identifier, or code. (12) Impact assessment The term impact assessment means the ongoing study and evaluation of an automated decision system or augmented critical decision process and its impact on consumers. (13) Passive computing infrastructure The term passive computing infrastructure means any intermediary technology that does not influence or determine the outcome of a decision, including— (A) web hosting; (B) domain registration; (C) networking; (D) caching; (E) data storage; or (F) cybersecurity. (14) State The term State means each of the 50 States, the District of Columbia, and any territory or possession of the United States. (15) Summary report The term summary report means documentation of a subset of information required to be addressed by the impact assessment as described in this Act or determined appropriate by the Commission. (16) Third-party decision recipient The term third-party decision recipient means any person, partnership, or corporation (beyond the consumer and the covered entity) that receives a copy of or has access to the results of any decision or judgment that results from a covered entity's deployment of an automated decision system or augmented critical decision process. 3. Assessing the impact of automated decision systems and augmented critical decision processes (a) Acts prohibited (1) In general It is unlawful for— (A) any covered entity to violate a regulation promulgated under subsection (b); or (B) any person to knowingly provide substantial assistance to any covered entity in violating subsection (b). (2) Preemption of private contracts It shall be unlawful for any covered entity to commit the acts prohibited in paragraph (1), regardless of specific agreements between entities or consumers. (b) Regulations (1) In general Subject to paragraph (2), not later than 2 years after the date of enactment of this Act, the Commission shall, in consultation with the Director of the National Institute of Standards and Technology, the Director of the National Artificial Intelligence Initiative, the Director of the Office of Science and Technology Policy, and other relevant stakeholders, including standards bodies, private industry, academia, technology experts, and advocates for civil rights, consumers, and impacted communities, promulgate regulations, in accordance with section 553 of title 5, United States Code, that— (A) require each covered entity to perform impact assessment of any— (i) deployed automated decision system that was developed for implementation or use, or that the covered entity reasonably expects to be implemented or used, in an augmented critical decision process by any person, partnership, or corporation that meets the requirements described in section 2(7)(A)(i); and (ii) augmented critical decision process, both prior to and after deployment by the covered entity; (B) require each covered entity to maintain documentation of any impact assessment performed under subparagraph (A), including the applicable information described in section 4(a) for 3 years longer than the duration of time for which the automated decision system or augmented critical decision process is deployed; (C) require each person, partnership, or corporation that meets the requirements described in section 2(7)(A)(i) to disclose their status as a covered entity to any person, partnership, or corporation that sells, licenses, or otherwise provides through a commercial relationship any automated decision system deployed by the covered entity in an automated decision system or augmented critical decision process; (D) require each covered entity to submit to the Commission, on an annual basis, a summary report for ongoing impact assessment of any deployed automated decision system or augmented critical decision process; (E) require each covered entity to submit an initial summary report to the Commission for any new automated decision system or augmented critical decision process prior to its deployment by the covered entity; (F) allow any person, partnership, or corporation over which the Commission has jurisdiction under section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ) that deploys any automated decision system or augmented critical decision process, but is not a covered entity, to submit to the Commission a summary report for any impact assessment performed with respect to such system or process; (G) require each covered entity, in performing the impact assessment described in subparagraph (A), to the extent possible, to meaningfully consult (including through participatory design, independent auditing, or soliciting or incorporating feedback) with relevant internal stakeholders (such as employees, ethics teams, and responsible technology teams) and independent external stakeholders (such as representatives of and advocates for impacted groups, civil society and advocates, and technology experts) as frequently as necessary; (H) require each covered entity to attempt to eliminate or mitigate, in a timely manner, any impact made by an augmented critical decision process that demonstrates a likely material negative impact that has legal or similarly significant effects on a consumer's life; (I) establish definitions for— (i) what constitutes access to or the cost, terms, or availability of with respect to a critical decision; (ii) what constitutes possession , management , modification , and control with respect to identifying information; (iii) the different categories of third-party decision recipients that a covered entity must document under section 5(1)(H); and (iv) any of the services, programs, or opportunities described in subparagraphs (A) through (I) of section 2(8) for the purpose of informing consumers, covered entities, and regulators, as the Commission deems necessary; (J) establish guidelines for any person, partnership, or corporation to calculate the number of consumers, households, or consumer devices for which the person, partnership, or corporation possesses, manages, modifies, or controls identifying information for the purpose of determining covered entity status; (K) establish guidelines for a covered entity to prioritize different automated decision systems and augmented critical decision processes deployed by the covered entity for performing impact assessment; and (L) establish a required format for any summary report, as described in subparagraphs (D), (E), and (F), to ensure that such reports are submitted in an accessible and machine-readable format. (2) Considerations In promulgating the regulations under paragraph (1), the Commission— (A) shall take into consideration— (i) that certain assessment or documentation of an automated decision system or augmented critical decision process may only be possible at particular stages of the development and deployment of such system or process or may be limited or not possible based on the availability of certain types of information or data or the nature of the relationship between the covered entity and consumers; (ii) the duration of time between summary report submissions and the timeliness of the reported information; (iii) the administrative burden placed on the Commission and the covered entity; (iv) the benefits of standardizing and structuring summary reports for comparative analysis compared with the benefits of less-structured narrative reports to provide detail and flexibility in reporting; (v) that summary reports submitted by different covered entities may contain different fields according to the requirements established by the Commission, and the Commission may allow or require submission of incomplete reports; (vi) that existing data privacy and other regulations may inhibit a covered entity from storing or sharing certain information; and (vii) that a covered entity may require information from other persons, partnerships, or corporations that develop any automated decision system deployed in an automated decision system or augmented critical decision process by the covered entity for the purpose of performing impact assessment; and (B) may develop specific requirements for impact assessments and summary reports for particular— (i) categories of critical decisions, as described in subparagraphs (A) through (I) of section 2(8) or any subcategory developed by the Commission; and (ii) stages of development and deployment of an automated decision system or augmented critical decision process. (3) Effective date The regulations described in paragraph (1) shall take effect on the date that is 2 years after such regulations are promulgated. 4. Requirements for covered entity impact assessment (a) Requirements for impact assessment In performing any impact assessment required under section 3(b)(1) for an automated decision system or augmented critical decision process, a covered entity shall do the following, to the extent possible, as applicable to such covered entity as determined by the Commission: (1) In the case of a new augmented critical decision process, evaluate any previously existing critical decision-making process used for the same critical decision prior to the deployment of the new augmented critical decision process, along with any related documentation or information, such as— (A) a description of the baseline process being enhanced or replaced by the augmented critical decision process; (B) any known harm, shortcoming, failure case, or material negative impact on consumers of the previously existing process used to make the critical decision; (C) the intended benefits of and need for the augmented critical decision process; and (D) the intended purpose of the automated decision system or augmented critical decision process. (2) Identify and describe any consultation with relevant stakeholders as required by section 3(b)(1)(G), including by documenting— (A) the points of contact for the stakeholders who were consulted; (B) the date of any such consultation; and (C) information about the terms and process of the consultation, such as— (i) the existence and nature of any legal or financial agreement between the stakeholders and the covered entity; (ii) any data, system, design, scenario, or other document or material the stakeholder interacted with; and (iii) any recommendations made by the stakeholders that were used to modify the development or deployment of the automated decision system or augmented critical decision process, as well as any recommendations not used and the rationale for such nonuse. (3) In accordance with any relevant National Institute of Standards and Technology or other Federal Government best practices and standards, perform ongoing testing and evaluation of the privacy risks and privacy-enhancing measures of the automated decision system or augmented critical decision process, such as— (A) assessing and documenting the data minimization practices of such system or process and the duration for which the relevant identifying information and any resulting critical decision is stored; (B) assessing the information security measures in place with respect to such system or process, including any use of privacy-enhancing technology such as federated learning, differential privacy, secure multi-party computation, de-identification, or secure data enclaves based on the level of risk; and (C) assessing and documenting the current and potential future or downstream positive and negative impacts of such system or process on the privacy, safety, or security of consumers and their identifying information. (4) Perform ongoing testing and evaluation of the current and historical performance of the automated decision system or augmented critical decision process using measures such as benchmarking datasets, representative examples from the covered entity’s historical data, and other standards, including by documenting— (A) a description of what is deemed successful performance and the methods and technical and business metrics used by the covered entity to assess performance; (B) a review of the performance of such system or process under test conditions or an explanation of why such performance testing was not conducted; (C) a review of the performance of such system or process under deployed conditions or an explanation of why performance was not reviewed under deployed conditions; (D) a comparison of the performance of such system or process under deployed conditions to test conditions or an explanation of why such a comparison was not possible; (E) an evaluation of any differential performance associated with consumers' race, color, sex, gender, age, disability, religion, family status, socioeconomic status, or veteran status, and any other characteristics the Commission deems appropriate (including any combination of such characteristics) for which the covered entity has information, including a description of the methodology for such evaluation and information about and documentation of the methods used to identify such characteristics in the data (such as through the use of proxy data, including zip codes); and (F) if any subpopulations were used for testing and evaluation, a description of which subpopulations were used and how and why such subpopulations were determined to be of relevance for the testing and evaluation. (5) Support and perform ongoing training and education for all relevant employees, contractors, or other agents regarding any documented material negative impacts on consumers from similar automated decision systems or augmented critical decision processes and any improved methods of developing or performing an impact assessment for such system or process based on industry best practices and relevant proposals and publications from experts, such as advocates, journalists, and academics. (6) Assess the need for and possible development of any guard rail for or limitation on certain uses or applications of the automated decision system or augmented critical decision process, including whether such uses or applications ought to be prohibited or otherwise limited through any terms of use, licensing agreement, or other legal agreement between entities. (7) Maintain and keep updated documentation of any data or other input information used to develop, test, maintain, or update the automated decision system or augmented critical decision process, including— (A) how and when such data or other input information was sourced and, if applicable, licensed, including information such as— (i) metadata and information about the structure and type of data or other input information, such as the file type, the date of the file creation or modification, and a description of data fields; (ii) an explanation of the methodology by which the covered entity collected, inferred, or obtained the data or other input information and, if applicable, labeled, categorized, sorted, or clustered such data or other input information, including whether such data or other input information was labeled, categorized, sorted, or clustered prior to being collected, inferred, or obtained by the covered entity; and (iii) whether and how consumers provided informed consent for the inclusion and further use of data or other input information about themselves and any limitations stipulated on such inclusion or further use; (B) why such data or other input information was used and what alternatives were explored; and (C) other information about the data or other input information, such as— (i) the representativeness of the dataset and how this factor was measured, including any assumption about the distribution of the population on which the augmented critical decision process is deployed; and (ii) the quality of the data, how the quality was evaluated, and any measure taken to normalize, correct, or clean the data. (8) Evaluate the rights of consumers, such as— (A) by assessing the extent to which the covered entity provides consumers with— (i) clear notice that such system or process will be used; and (ii) a mechanism for opting out of such use; (B) by assessing the transparency and explainability of such system or process and the degree to which a consumer may contest, correct, or appeal a decision or opt out of such system or process, including— (i) the information available to consumers or representatives or agents of consumers about the system or process, such as any relevant factors that contribute to a particular decision, including an explanation of which contributing factors, if changed, would cause the system or process to reach a different decision, and how such consumer, representative, or agent can access such information; (ii) documentation of any complaint, dispute, correction, appeal, or opt-out request submitted to the covered entity by a consumer with respect to such system or process; and (iii) the process and outcome of any remediation measure taken by the covered entity to address the concerns of or harms to consumers; and (C) by describing the extent to which any third-party decision recipient receives a copy of or has access to the results of such system or process and the category of such third-party decision recipient, as defined by the Commission in section 3(b)(1)(I)(iii). (9) Identify any likely material negative impact of the automated decision system or augmented critical decision process on consumers and assess any applicable mitigation strategy, such as by— (A) identifying and measuring any likely material negative impact of the system or process on consumers, including documentation of the steps taken to identify and measure such impact; (B) documenting any steps taken to eliminate or reasonably mitigate any likely material negative impact identified, including steps such as removing the system or process from the market or terminating its development; (C) with respect to the likely material negative impacts identified, documenting which such impacts were left unmitigated and the rationale for the inaction, including details about the justifying non-discriminatory, compelling interest and why such interest cannot be satisfied by other means (such as where there is an equal, zero-sum trade-off between impacts on 2 or more consumers or where the required mitigating action would violate civil rights or other laws); and (D) documenting standard protocols or practices used to identify, measure, mitigate, or eliminate any likely material negative impact on consumers and how relevant teams or staff are informed of and trained about such protocols or practices. (10) Describe any ongoing documentation of the development and deployment process with respect to the automated decision system or augmented critical decision process, including information such as— (A) the date of any testing, deployment, licensure, or other significant milestones; and (B) points of contact for any team, business unit, or similar internal stakeholder that was involved. (11) Identify any capabilities, tools, standards, datasets, security protocols, improvements to stakeholder engagement, or other resources that may be necessary or beneficial to improving the automated decision system, augmented critical decision process, or the impact assessment of such system or process, in areas such as— (A) performance, including accuracy, robustness, and reliability; (B) fairness, including bias and nondiscrimination; (C) transparency, explainability, contestability, and opportunity for recourse; (D) privacy and security; (E) personal and public safety; (F) efficiency and timeliness; (G) cost; or (H) any other area determined appropriate by the Commission. (12) Document any of the impact assessment requirements described in paragraphs (1) through (11) that were attempted but were not possible to comply with because they were infeasible, as well as the corresponding rationale for not being able to comply with such requirements, which may include— (A) the absence of certain information about an automated decision system developed by other persons, partnerships, and corporations; (B) the absence of certain information about how clients, customers, licensees, partners, and other persons, partnerships, or corporations are deploying an automated decision system in their augmented critical decision processes; (C) a lack of demographic or other data required to assess differential performance because such data is too sensitive to collect, infer, or store; or (D) a lack of certain capabilities, including technological innovations, that would be necessary to conduct such requirements. (13) Perform and document any other ongoing study or evaluation determined appropriate by the Commission. (b) Rule of construction Nothing in this Act should be construed to limit any covered entity from adding other criteria, procedures, or technologies to improve the performance of an impact assessment of their automated decision system or augmented critical decision process. (c) Nondisclosure of impact assessment Nothing in this Act should be construed to require a covered entity to share with or otherwise disclose to the Commission or the public any information contained in an impact assessment performed in accordance with this Act, except for any information contained in the summary report required under subparagraph (D) or (E) of section 3(b)(1). 5. Requirements for summary reports to the Commission The summary report that a covered entity is required to submit under subparagraph (D) or (E) of section 3(b)(1) for any automated decision system or augmented critical decision process shall, to the extent possible— (1) contain information from the impact assessment of such system or process, as applicable, including— (A) the name, website, and point of contact for the covered entity; (B) a detailed description of the specific critical decision that the augmented critical decision process is intended to make, including the category of critical decision as described in subparagraphs (A) through (I) of section 2(8); (C) the covered entity's intended purpose for the automated decision system or augmented critical decision process; (D) an identification of any stakeholders consulted by the covered entity as required by section 3(b)(1)(G) and documentation of the existence and nature of any legal agreements between the stakeholders and the covered entity; (E) documentation of the testing and evaluation of the automated decision system or augmented critical decision process, including— (i) the methods and technical and business metrics used to assess the performance of such system or process and a description of what metrics are deemed successful performance; (ii) the results of any assessment of the performance of such system or process and a comparison of the results of any assessment under test and deployed conditions; and (iii) an evaluation of any differential performance of such system or process assessed during the impact assessment; (F) any publicly stated guard rail for or limitation on certain uses or applications of the automated decision system or augmented critical decision process, including whether such uses or applications ought to be prohibited or otherwise limited through any terms of use, licensing agreement, or other legal agreement between entities; (G) documentation about the data or other input information used to develop, test, maintain, or update the automated decision system or augmented critical decision process including— (i) how and when the covered entity sourced such data or other input information; and (ii) why such data or other input information was used and what alternatives were explored; (H) documentation of whether and how the covered entity implements any transparency or explainability measures, including— (i) which categories of third-party decision recipients receive a copy of or have access to the results of any decision or judgment that results from such system or process; and (ii) any mechanism by which a consumer may contest, correct, or appeal a decision or opt out of such system or process, including the corresponding website for such mechanism, where applicable; (I) any likely material negative impact on consumers identified by the covered entity and a description of the steps taken to remediate or mitigate such impact; (J) a list of any impact assessment requirements that were attempted but were not possible to comply with because they were infeasible, as well as the corresponding rationale for not being able to comply with such requirements; and (K) any additional capabilities, tools, standards, datasets, security protocols, improvements to stakeholder engagement, or other resources identified by an impact assessment as necessary or beneficial to improve the performance of impact assessment or the development and deployment of any automated decision system or augmented critical decision process that the covered entity determines appropriate to share with the Commission; (2) include, in addition to the information required under paragraph (1), any relevant additional information from section 4(a) the covered entity wishes to share with the Commission; (3) follow any format or structure requirements specified by the Commission; and (4) include additional criteria that are essential for the purpose of consumer protection, as determined by the Commission. 6. Reporting; publicly accessible repository (a) Annual report Not later than 1 year after the effective date described in section 3(b)(3), and annually thereafter, the Commission shall publish publicly on the website of the Commission a report describing and summarizing the information from the summary reports submitted under subparagraph (D), (E), or (F) of section 3(b)(1) that— (1) is accessible and machine readable in accordance with the 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 note); and (2) describes broad trends, aggregated statistics, and anonymized lessons learned about performing impact assessments of automated decision systems or augmented critical decision processes, for the purposes of updating guidance related to impact assessments and summary reporting, oversight, and making recommendations to other regulatory agencies. (b) Publicly accessible repository (1) In general (A) Establishment (i) Development Not later than 180 days after the Commission promulgates the regulations required under section 3(b)(1), the Commission shall develop a publicly accessible repository designed to publish a limited subset of the information about each automated decision system and augmented critical decision process for which the Commission received a summary report under subparagraph (D), (E), or (F) of section 3(b)(1) in order to facilitate consumer protection. (ii) Publication Not later than 180 days after the effective date described in section 3(b)(3), the Commission shall make the repository publicly accessible. (iii) Updates The Commission shall update the repository on a quarterly basis. (B) Purpose The purposes of the repository established under subparagraph (A) are— (i) to inform consumers about the use of automated decision systems and augmented critical decision processes; (ii) to allow researchers and advocates to study the use of automated decision systems and augmented critical decision processes; and (iii) to ensure compliance with the requirements of this Act. (C) Considerations In establishing the repository under subparagraph (A), the Commission shall consider— (i) how to provide consumers with pertinent information regarding augmented critical decision processes while minimizing any potential commercial risk to any covered entity of providing such information; (ii) what information, if any, to include regarding the specific automated decision systems deployed in the augmented critical decision processes; (iii) how to document information, when applicable, about how to contest or seek recourse for a critical decision in a manner that is readily accessible by the consumer; and (iv) how to streamline the submission of summary reports under subparagraph (D), (E), or (F) of section 3(b)(1) to allow the Commission to efficiently populate information into the repository to minimize or eliminate any burden on the Commission. (D) Requirements The Commission shall design the repository established under subparagraph (A) to— (i) be publicly available and easily discoverable on the website of the Commission; (ii) allow users to sort and search the repository by multiple characteristics (such as by covered entity, date reported, or category of critical decision) simultaneously; (iii) allow users to make a copy of or download the information obtained from the repository, including any subsets of information obtained by sorting or searching as described in clause (ii), in accordance with current guidance from the Office of Management and Budget, such as the Open, Public, Electronic, and Necessary Government Data Act ( 44 U.S.C. 101 note); (iv) be in accordance with user experience and accessibility best practices such as those described in the 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 note); (v) include a limited subset of information from the summary reports, as applicable, under subparagraph (D), (E), or (F) of section 3(b)(1) that includes— (I) the identity of the covered entity that submitted such summary report, including any link to the website of the covered entity; (II) the specific critical decision that the augmented critical decision process makes, along with the category of the critical decision; (III) any publicly stated prohibited applications of the automated decision system or augmented critical decision process, including whether such prohibition is enforced through any terms of use, licensing agreement, or other legal agreement between entities; (IV) to the extent possible, the sources of any data used to develop, test, maintain, or update the automated decision system or augmented critical decision process; (V) to the extent possible, the type of technical and business metrics used to assess the performance of the augmented critical decision process when deployed; and (VI) the link to any web page with instructions or other information related to a mechanism by which a consumer may contest, correct, or appeal a decision or opt out of the automated decision system or augmented critical decision process; and (vi) include information about design, use, and maintenance of the repository, including— (I) how frequently the repository is updated; (II) the date of the most recent such update; (III) the types of information from the summary reports submitted under subparagraph (D), (E), or (F) of section 3(b)(1) that are and are not included in the repository; and (IV) any other information about the design, use, and maintenance the Commission determines is— (aa) relevant to consumers and researchers; or (bb) essential for consumer education and recourse. (2) Authorization of appropriations There are authorized to be appropriated to the Commission such sums as are necessary to carry out this subsection. 7. Guidance and technical assistance; other requirements (a) Guidance and technical assistance from the Commission (1) In general The Commission shall publish guidance on how to meet the requirements of sections 4 and 5, including resources such as documentation templates and guides for meaningful consultation, that is developed by the Commission after consultation with the Director of the National Institute of Standards and Technology, the Director of the National Artificial Intelligence Initiative, the Director of the Office of Science and Technology Policy, and other relevant stakeholders, including standards bodies, private industry, academia, technology experts, and advocates for civil rights, consumers, and impacted communities. (2) Assistance in determining covered entity status In addition to the guidance required under paragraph (1), the Commission shall— (A) issue guidance and training materials to assist persons, partnerships, and corporations in evaluating whether they are a covered entity; and (B) regularly update such guidance and training materials in accordance with any feedback or questions from covered entities, experts, or other relevant stakeholders. (b) Other requirements (1) Publication Nothing in this Act shall be construed to limit a covered entity from publicizing any documentation of the impact assessment maintained under section 3(b)(1)(B), including information beyond what is required to be submitted in a summary report under subparagraph (D) or (E) of section 3(b)(1), unless such publication would violate the privacy of any consumer. (2) Periodic review of regulations The Commission shall review the regulations promulgated under section 3(b) not less than once every 5 years and update such regulations as appropriate. (3) Review by NIST and OSTP The Commission shall make available, in a private and secure manner, to the Director of the National Institute of Standards and Technology, the Director of the Office of Science and Technology Policy, and the head of any Federal agency with relevant regulatory jurisdiction over an augmented critical decision process any summary report submitted under subparagraph (D), (E), or (F) of section 3(b)(1) for review in order to develop future standards or regulations. 8. Resources and authorities (a) Bureau of Technology (1) Establishment (A) In general There is established within the Commission the Bureau of Technology (in this subsection referred to as the Bureau ). (B) Duties The Bureau shall engage in activities that include: (i) Aiding or advising the Commission with respect to the technological aspects of the functions of the Commission, including— (I) preparing, conducting, facilitating, managing, or otherwise enabling studies, workshops, audits, community participation opportunities, or other similar activities; and (II) any other assistance deemed appropriate by the Commission or Chair. (ii) Aiding or advising the Commission with respect to the enforcement of this Act. (iii) Providing technical assistance to any enforcement bureau within the Commission with respect to the investigation and trial of cases. (2) Chief Technologist The Bureau shall be headed by a Chief Technologist. (3) Staff (A) Appointments (i) In general Subject to subparagraph (B), the Chair may, without regard to the civil service laws (including regulations), appoint personnel with experience in fields such as management, technology, digital and product design, user experience, information security, civil rights, technology policy, privacy policy, humanities and social sciences, product management, software engineering, machine learning, statistics, or other related fields to enable the Bureau to perform its duties. (ii) Minimum appointments Not later than 2 years after the date of enactment of this Act, the Chair shall appoint not less than 50 personnel. (B) Excepted service The personnel appointed in accordance with subparagraph (A) may be appointed to positions described in section 213.3102(r) of title 5, Code of Federal Regulations. (4) Authorization of appropriations There are authorized to be appropriated to the Commission such sums as are necessary to carry out this subsection. (b) Additional personnel in the Bureau of Consumer Protection (1) Additional personnel Notwithstanding any other provision of law, the Chair may, without regard to the civil service laws (including regulations), appoint 25 additional personnel to the Division of Enforcement of the Bureau of Consumer Protection. (2) Authorization of appropriations There are authorized to be appropriated to the Commission such sums as are necessary to carry out this subsection. (c) Establishment of agreements of cooperation The Commission shall negotiate agreements of cooperation, as needed, with any relevant Federal agency with respect to information sharing and enforcement actions taken regarding the development or deployment of an automated decision system to make a critical decision or of an augmented critical decision process. Such agreements shall include procedures for determining which agency shall file an action and providing notice to the non-filing agency, where feasible, prior to initiating a civil action to enforce any Federal law within such agencies' jurisdictions regarding the development or deployment of an automated decision system to make a critical decision or of an augmented critical decision process by a covered entity. 9. Enforcement (a) Enforcement by the Commission (1) Unfair or deceptive acts or practices A violation of this Act or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice 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 this Act and the regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (B) Privileges and immunities Any person who violates this Act or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (D) Rulemaking The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such additional rules as may be necessary to carry out this Act. (b) Enforcement by States (1) In general If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates this Act or a regulation promulgated thereunder, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of Commission (A) Notice to Commission (i) In general Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Commission that the attorney general intends to bring such civil action. (ii) Contents The notification required under clause (i) shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by Commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which— (i) the defendant is an inhabitant, may be found, or transacts business; or (ii) venue is proper under section 1391 of title 28, United States Code. (5) Actions by other State officials (A) In general In addition to a civil action brought by an attorney general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. 10. Coordination In carrying out this Act, the Commission shall coordinate with any appropriate Federal agency or State regulator to promote consistent regulatory treatment of automated decision systems and augmented critical decision processes. 11. No preemption Nothing in this Act may be construed to preempt any State, tribal, city, or local law, regulation, or ordinance. | https://www.govinfo.gov/content/pkg/BILLS-117s3572is/xml/BILLS-117s3572is.xml |
117-s-3573 | II 117th CONGRESS 2d Session S. 3573 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Rubio (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the Taiwan Representative Office , and for other purposes.
1. Designation of and references to Taiwan Representative Office (a) Statement of policy It shall be the policy of the United States, consistent with the Taiwan Relations Act ( 22 U.S.C. 3301 et seq. ) and the Six Assurances, to provide the people of Taiwan with de facto diplomatic treatment equivalent to foreign countries, nations, states, governments, or similar entities, and, consistent with this policy, to rename the Taipei Economic and Cultural Representative Office in the United States as the Taiwan Representative Office . (b) Renaming The Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office in Washington, DC, the Taiwan Representative Office . (c) References If the Taipei Economic and Cultural Representative Office is designated as the Taiwan Representative Office, any reference in a law, map, regulation, document, paper, or other record of the United States Government to the Taipei Economic and Cultural Representative Office shall be deemed to be a reference to the Taiwan Representative Office, including for all official purposes of the United States Government, all courts of the United States, and any proceedings therein. (d) Rule of construction Nothing in this section shall be construed as entailing restoration of diplomatic relations with the Republic of China (Taiwan) or altering the position of the United States with respect to the international status of Taiwan. | https://www.govinfo.gov/content/pkg/BILLS-117s3573is/xml/BILLS-117s3573is.xml |
117-s-3574 | II 117th CONGRESS 2d Session S. 3574 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Durbin (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 303 East Mississippi Avenue in Elwood, Illinois, as the Lawrence M. Larry Walsh Sr. Post Office.
1. Lawrence M. Larry Walsh Sr. Post Office (a) Designation The facility of the United States Postal Service located at 303 East Mississippi Avenue in Elwood, Illinois, shall be known and designated as the Lawrence M. Larry Walsh Sr. Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Lawrence M. Larry Walsh Sr. Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s3574is/xml/BILLS-117s3574is.xml |
117-s-3575 | II 117th CONGRESS 2d Session S. 3575 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Casey (for himself, Mrs. Murray , Mr. Leahy , Mr. Reed , Mrs. Shaheen , Mr. Sanders , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles II and XVIII of the Social Security Act to eliminate the disability insurance benefits waiting period for individuals with disabilities, and for other purposes.
1. Short title This Act may be cited as the Stop the Wait Act of 2022 . 2. Elimination of disability waiting period for social security disability insurance benefits (a) Elimination of waiting period for disability insurance benefits Section 223 of the Social Security Act ( 42 U.S.C. 423 ) is amended— (1) in subsection (a)— (A) in paragraph (1), in the matter following subparagraph (E)— (i) by striking disability insurance benefit (i) for each month and all that follows through , or (iii) and inserting disability insurance benefit ; and (ii) by striking , but only if and all that follows through under such disability ; and (B) in paragraph (2), by striking as though he had attained age 62 in— and all that follows through such disability insurance benefits, and inserting as though the individual had attained age 62 in the first month for which the individual becomes entitled to such disability insurance benefits, ; and (2) in subsection (c)— (A) in the subsection heading, by striking Definitions of Insured Status and Waiting Period and inserting Definition of Insured Status ; (B) by striking For purposes of this section and all that follows through in any month if— and inserting For purposes of this section, an individual shall be insured for disability insurance benefits in any month if— ; (C) by striking paragraph (2); (D) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively (and adjusting the margins accordingly); (E) in paragraph (2) (as so redesignated)— (i) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively; and (ii) in subparagraph (C) (as so redesignated), by striking clause (i) and inserting subparagraph (A) ; and (F) in the matter following subparagraph (C) (as so redesignated), by striking subparagraph (B) of this paragraph each place it appears and inserting this paragraph . (b) Phase-Down of waiting period for disability insurance benefits For purposes of applications for disability insurance benefits filed on or after the date of enactment of this Act and before January 1, 2027, section 223(c)(2) of the Social Security Act ( 42 U.S.C. 423(c)(2) ) shall be applied by making the following substitutions: (1) For applications filed in calendar year 2022, 2023, or 2024, substitute three for five and fifteenth for seventeenth each place it appears. (2) For applications filed in calendar year 2025, substitute two for five and fourteenth for seventeenth each place it appears. (3) For applications filed in calendar year 2026, substitute one for five and thirteenth for seventeenth each place it appears. (c) Effective date The amendments made by subsection (a) shall take effect on January 1, 2027, and apply with respect to applications for disability insurance benefits filed on or after January 1, 2027. (d) Conforming amendments Effective January 1, 2027: (1) Section 223(a)(1)(A) of the Social Security Act ( 42 U.S.C. 423(a)(1)(A) ) is amended by striking (c)(1) and inserting (c) . (2) Section 7(d)(3) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231f(d)(3) ) is amended by striking 223(c)(1) and inserting 223(c) . 3. Medicare eligibility for certain individuals during waiting period for Social Security Disability Insurance benefits (a) Elimination of waiting period for certain individuals without minimum essential coverage (1) In general Section 226 the Social Security Act ( 42 U.S.C. 426 ) is amended by adding at the end the following new subsection: (j) (1) For purposes of applying this section in the case of an eligible individual described in paragraph (2), the following special rules shall apply: (A) Subsection (b)(2) shall be applied as if there were no requirement for any entitlement to benefits, or status, for a period of 24 months prior to receiving such benefits or status. (B) The entitlement under such subsection shall be available retroactively to the first day of the first month (rather than twenty-fifth month) of entitlement or status. (C) Subsection (f) shall not be applied. (2) For purposes of applying this section, an eligible individual is an individual, with respect to a month— (A) who has not yet attained the age of 65; (B) who is entitled to benefits described in subparagraph (A) of subsection (b)(2); and (C) with respect to whom section 5000A(e)(1)(A) of the Internal Revenue Code of 1986 would apply if the reference to 8 percent in such section were a reference to 8.5 percent . . (2) Conforming amendments Section 1811 of the Social Security Act ( 42 U.S.C. 1395c ) is amended— (A) at the end of paragraph (2), by striking and ; (B) by striking the period at the end and inserting , and ; and (C) by adding at the end the following new paragraph: (4) eligible individuals (as described in section 226(j)(2)). . (b) Special enrollment period and coverage application for certain individuals without minimum essential coverage Section 1837 of the Social Security Act ( 42 U.S.C. 1395p ) is amended by adding at the end the following new subsection: (o) (1) In applying this section in the case of an eligible individual who is entitled to benefits under part A pursuant to the operation of section 226(j), the following special rules shall apply: (A) The initial enrollment period under subsection (d) shall begin on the first day of the first month in which the individual satisfies the requirement of section 1836(a)(1). (B) In applying subsection (g)(1), the initial enrollment period shall begin on the first day of the first month of entitlement to disability insurance benefits referred to in such subsection. (2) In applying this section in the case of an individual who became entitled to benefits under part A, but had not been entitled to such benefits for a period of 24 calendar months as of the date of enactment of the Stop the Wait Act of 2022 , and is entitled to such benefits pursuant to the application of section 226(j), the initial enrollment period under subsection (d) for such individual shall begin on the first day of the first month following the date of enactment of the Stop the Wait Act of 2022 and shall end seven months later. . | https://www.govinfo.gov/content/pkg/BILLS-117s3575is/xml/BILLS-117s3575is.xml |
117-s-3576 | II 117th CONGRESS 2d Session S. 3576 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Braun (for himself and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To allow sponsors of certain new drug applications to rely upon investigations conducted in certain foreign countries, and for other purposes.
1. Short title This Act may be cited as the Accelerated Drug Approval for Prescription Therapies 2.0 Act or the ADAPT 2.0 Act . 2. Drugs approved in certain foreign countries (a) In general Section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) is amended— (1) in subsection (b), by adding at the end the following: (7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country. ; and (2) in subsection (c)— (A) in paragraph (1), by striking Within and inserting Except as provided in paragraph (6), within ; and (B) by adding at the end the following: (6) (A) In the case of an application that relies on investigations conducted in a foreign country, as described in subsection (b)(7), within 90 days after the filing of such application under subsection (b), the Secretary shall approve the application if the Secretary determines evidence that— (i) at the time of application, the drug is authorized to be marketed in a country listed under section 802(b)(1)(A) or designated under section 802(b)(1)(B); (ii) the drug is safe and clinically effective; (iii) the manufacturer is capable of manufacturing the drug safely and consistently, and can ensure the safety of the supply chain outside the United States; (iv) all relevant United States patents or legal periods of exclusivity are expired; (v) absent reciprocal marketing approval, the drug is not approved for marketing in the United States; (vi) the Secretary has not, because of any concern relating to safety or effectiveness, rescinded or withdrawn any such approval; and (vii) the Secretary finds that none of the grounds for denying approval specified in subsection (d) applies. (B) Limitations Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: (i) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect of the drug on irreversible morbidity or mortality or another clinical benefit of the drug. (ii) The sponsor submit copies of all promotional materials related to the drug during the preapproval review period and, following approval and for such period thereafter as the Secretary determines to be appropriate, at least 30 days prior to the dissemination of the materials. (C) Timeline If the Secretary does not approve the application or take such other action within such 90-day period, the application shall be considered approved under this subsection. (D) Advisory committee (i) Establishment For the purpose of providing expert scientific advice and recommendations to the Secretary regarding the approval of applications described in subsection (b)(7), the Secretary shall establish a standing Foreign Drug Review Advisory Committee. (ii) Membership The standing Foreign Drug Review Advisory Committee established under clause (i) shall consist of employees of the Food and Drug Administration and individuals appointed by the Secretary, reflecting a balanced composition of sufficient scientific expertise. The Secretary shall appoint members who have diverse interests, education, training, experience, and expertise in biopharmacology, statistics, chemistry, legal issues, ethics, and other appropriate expertise pertaining to the drugs under review, such as expertise in foreign regulatory and manufacturing practices and drug development, and other individuals, as the Secretary determines appropriate. (iii) Review of applications Upon the filing of an application described in subsection (b)(7)— (I) the Secretary shall immediately refer the application to the Foreign Drug Review Advisory Committee for review; and (II) within 60 days after the receipt by such advisory committee of such application, the advisory committee shall provide the Secretary with recommendations with respect to such application. (E) Publication of final decision The Secretary shall make publically available, on the website of the Food and Drug Administration, each final decision on whether to approve an application described in subsection (b)(7), including the rationale for the decision and the recommendations and conclusions of the Foreign Drug Review Advisory Committee under subparagraph (D)(iii). . (b) Technical amendment Section 802(b)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 382(b)(1)(A)(i) ) is amended by striking or South Africa and inserting South Africa, or the United Kingdom . | https://www.govinfo.gov/content/pkg/BILLS-117s3576is/xml/BILLS-117s3576is.xml |
117-s-3577 | II 117th CONGRESS 2d Session S. 3577 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to eliminate the tax exemption of the International Olympic Committee and similar organizations.
1. Short title This Act may be cited as the Irresponsible Olympic Collaboration Act or as the IOC Act . 2. Elimination of tax exemption for the International Olympic Committee and similar organizations (a) In general Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (s) Elimination of tax exemption for International Olympic Committee and similar organizations If any organization or entity for any taxable year— (1) has the primary purpose of international, multi-sport, athletic competitions, and (2) has gross receipts in excess of $100,000,000 for any of the 3 preceding taxable years, such organization shall not be treated as described in subsection (c)(4) for such taxable year; and no successor of any organization or entity which was described in such subsection and ceases to be so described by reason of the enactment of this subsection shall be treated as described in any paragraph of subsection (c) for any subsequent taxable year. . (b) Special rule for treaties Nothing in section 894 or 7852(d) of the Internal Revenue Code of 1986 or in any other provision of law shall be construed as permitting an exemption, by reason of any treaty obligation of the United States heretofore or hereafter entered into, from the amendment made by this section. (c) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3577is/xml/BILLS-117s3577is.xml |
117-s-3578 | II 117th CONGRESS 2d Session S. 3578 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Hawley (for himself and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require certain businesses to disclose the use of forced labor in their direct supply chain, and for other purposes.
1. Short title This Act may be cited as the Slave-Free Business Certification Act of 2022 . 2. Required reporting on use of forced labor from covered business entities (a) Definitions In this Act: (1) Covered business entity The term covered business entity means any issuer, as that term is defined in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) ), that— (A) has annual, worldwide gross receipts that exceed $500,000,000; and (B) is involved in the mining, production, or manufacture of goods for sale. (2) Forced labor The term forced labor means any labor practice or human trafficking activity in violation of national and international standards, including— (A) International Labor Organization Convention No. 182; (B) the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7101 et seq. ); and (C) any act that would violate the criminal provisions related to slavery and human trafficking under chapter 77 of title 18, United States Code, if the act had been committed within the jurisdiction of the United States. (3) Gross receipts The term gross receipts has the meaning given to the term in section 993(f) of the Internal Revenue Code of 1986. (4) On-site service The term on-site service means any service work provided on the site of a covered business entity, including food service work and catering services. (5) On-site service provider The term on-site service provider means any entity that provides workers who perform, collectively, a total of not less than 30 hours per week of on-site services for a covered business entity. (6) Secretary The term Secretary means the Secretary of Labor. (7) Supply chain The term supply chain means the end-to-end process for producing and transporting goods beginning at the point of origin through a point of distribution to the destination, inclusive of suppliers, manufacturers, and vendors. (b) Audit and reporting requirements (1) In general Not later than 1 year after the date of enactment of this Act, and every year thereafter, each covered business entity shall— (A) conduct an audit of its supply chain, pursuant to the requirements of section 3, to investigate the presence or use of forced labor by the covered business entity or its suppliers, including by direct suppliers, secondary suppliers, and on-site service providers of the covered business entity; (B) submit a report to the Secretary containing the information described in paragraph (2) on the results of such audit and efforts of the covered business entity to eradicate forced labor from the supply chain and on-site services of the covered business entity; and (C) (i) publish the report described in subparagraph (B) on the public website of the covered business entity, and provide a conspicuous and easily understood link on the homepage of the website that leads to the report; or (ii) in the case of a covered business entity that does not have a public website, provide the report in written form to any consumer of the covered business entity not later than 30 days after the consumer submits a request for the report. (2) Required report contents Each report required under paragraph (1)(B) shall contain, at a minimum— (A) a disclosure of the covered business entity’s policies to prevent the use of forced labor by the covered business entity, its direct suppliers, and its on-site service providers; (B) a disclosure of what policies or procedures, if any, the covered business entity uses— (i) for the verification of product supply chains and on-site service provider practices to evaluate and address risks of forced labor and whether the verification was conducted by a third party; (ii) to require direct suppliers and on-site service providers to provide written certification that materials incorporated into the product supplied or on-site services, respectively, comply with the laws regarding forced labor of each country in which the supplier or on-site service provider is engaged in business; (iii) to maintain internal accountability standards and procedures for employees or contractors of the covered business entity failing to meet requirements regarding forced labor; and (iv) to provide training on recognizing and preventing forced labor, particularly with respect to mitigating risks within the supply chains of products and on-site services of the covered business entity, to employees, including management personnel, of the covered business entity who have direct responsibility for supply chain management or on-site services; (C) a description of the findings of each audit required under paragraph (1)(A), including the details of any instances of found or suspected forced labor; and (D) a written certification, signed by the chief executive officer of the covered business entity, that— (i) the covered business entity has complied with the requirements of this Act and exercised due diligence in order to eradicate forced labor from the supply chain and on-site services of the covered business entity; (ii) to the best of the chief executive officer’s knowledge, the covered business entity has found no instances of the use of forced labor by the covered business entity or has disclosed every known instance of the use of forced labor; and (iii) the chief executive officer and any other officers submitting the report or certification understand that section 1001 of title 18, United States Code (popularly known as the False Statements Act ), applies to the information contained in the report submitted to the Secretary. (c) Report of violations to congress Each year, the Secretary shall prepare and submit a report to Congress regarding the covered business entities that— (1) have failed to conduct audits required under this Act for the preceding year or have been adjudicated in violation of any other provision of this Act; or (2) have been found to have used forced labor, including the use of forced labor in their supply chain or by their on-site service providers. 3. Audit requirements (a) In general Each audit conducted under section 2(b)(1)(A) shall meet the following requirements: (1) Worker interviews The auditor shall— (A) select a cross-section of workers to interview that represents the full diversity of the workplace, and includes, if applicable, men and women, migrant workers and local workers, workers on different shifts, workers performing different tasks, and members of various production teams; (B) if individuals under the age of 18 are employed at the facility of the direct supplier or on-site service provider, interview a representative group using age-sensitive interview techniques; (C) conduct interviews— (i) off-site of the facility and during non-work hours for the worker; (ii) individually or in groups (except for purposes of subparagraph (B)); and (iii) using methods of communication that limit, to the greatest practicable extent, any reliance on devices or services provided to the worker by the covered business entity, supplier, or on-site service provider; (D) use audit tools to ensure that each worker is asked a comprehensive set of questions; (E) collect from interviewed workers copies of the workers’ pay stubs, in order to compare the pay stubs with payment records provided by the direct supplier; (F) ensure that all worker responses are confidential and are never shared with management; and (G) interview a representative of the labor organization or other worker representative organization that represents workers at the facility or, if no such organization is present, attempt to interview a representative from a local worker advocacy group. (2) Management interviews The auditor shall— (A) interview a cross-section of the management of the supplier, including human resources personnel, production supervisors, and others; and (B) use audit tools to ensure that managers are asked a comprehensive set of questions. (3) Required information The auditor shall— (A) conduct a thorough review of information regarding the supplier or on-site service provider to provide tangible proof of compliance and to corroborate or find discrepancies in the information gathered through the worker and management interviews; and (B) review, at a minimum, the following information related to the supplier or on-site service provider: (i) Age verification procedures and documents. (ii) A master list of juvenile workers or information related to juvenile workers. (iii) Selection and recruitment procedures. (iv) Contracts with labor brokers, if any. (v) Worker contracts and employment agreements. (vi) Introduction program materials. (vii) Personnel files. (viii) Employee communication and training plans, including certifications provided to workers including skills training, worker preparedness, government certification programs, and systems or policy orientations. (ix) Collective bargaining agreements, including collective bargaining representative certification, descriptions of the role of the labor organization, and minutes of the labor organization’s meetings. (x) Contracts with any security agency, and descriptions of the scope of responsibilities of the security agency. (xi) Payroll and time records. (xii) Production capacity reports. (xiii) Written human resources policies and procedures. (xiv) Occupational health and safety plans and records including legal permits, maintenance and monitoring records, injury and accident reports, investigation procedures, chemical inventories, personal protective equipment inventories, training certificates, and evacuation plans. (xv) Disciplinary notices. (xvi) Grievance reports. (xvii) Performance evaluations. (xviii) Promotion or merit increase records. (xix) Dismissal and suspension records of workers. (xx) Records of employees who have resigned. (xxi) Worker pay stubs. (4) Closing meeting with management The auditor shall hold a closing meeting with the management of the covered business entity to— (A) report violations and nonconformities found in the facility; and (B) determine the steps forward to address and remediate any problems. (5) Report preparation The auditor shall prepare a full report of the audit, which shall include— (A) a disclosure of the direct supplier’s or on-site service provider’s— (i) documented processes and procedures that relate to eradicating forced labor; and (ii) documented risk assessment and prioritization policies as such policies relate to eradicating forced labor; (B) a description of the worker interviews, manager interviews, and documentation review required under paragraphs (1), (2), and (3); (C) a description of all violations or suspected violations by the direct supplier or on-site service provider of any forced labor laws of the United States or, if applicable, the laws of another country as described in section 2(b)(2)(B)(ii); and (D) for each violation described in subparagraph (C), a description of any corrective and protective actions recommended for the direct supplier consisting of, at a minimum— (i) the issues relating to the violation and any root causes of the violation; (ii) the implementation of a solution; and (iii) a method to check the effectiveness of the solution. (b) Additional requirements relating to audits (1) No retaliation for audit cooperation A covered business entity or supplier, including a direct supplier, secondary supplier, or on-site service provider, shall not retaliate against any worker for participating in interviews under section 3(a)(1) or providing information necessary for the audit requirements under section 3(a)(3)(B) to the auditor. (2) Contract requirements Each covered business entity shall include, in any contract with a direct supplier or on-site service provider, a requirement that— (A) the supplier or provider shall not retaliate against any worker for participating in an audit relating to forced labor; and (B) worker participation in an audit shall be protected through the same grievance mechanisms available to the worker available for any other type of workplace grievance. 4. Enforcement (a) Civil damages The Secretary may assess civil damages in an amount of not more than $100,000,000 if, after notice and an opportunity for a hearing, the Secretary determines that a covered business entity has violated any requirement of section 2(b). (b) Punitive damages In addition to damages under subsection (a), the Secretary may assess punitive damages in an amount of not more than $500,000,000 against an entity that is a covered business entity or supplier, including a direct supplier, secondary supplier, or on-site service provider, if, after notice and an opportunity for a hearing, the Secretary determines the entity— (1) willfully violated any requirement of section 2(b); or (2) willfully violated section 3(b)(1). (c) Declarative or injunctive relief The Secretary may request the Attorney General institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order, in the district court of the United States for any district in which the covered business entity conducts business, whenever the Secretary believes that a violation of section 2(b) constitutes a hazard to workers. 5. Regulations Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate rules to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3578is/xml/BILLS-117s3578is.xml |
117-s-3579 | II 117th CONGRESS 2d Session S. 3579 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Coons (for himself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Embassy of France in Washington, DC, to establish a commemorative work in the District of Columbia and its environs to honor the extraordinary contributions of Jean Monnet to restoring peace between European nations and establishing the European Union, and for other purposes.
1. Authorization to establish commemorative work (a) Findings Congress finds that— (1) the United States and France share a long and mutually beneficial relationship; (2) the relationship between the United States and France is built on a shared commitment to the values of democracy, human rights, the rule of law, security, and prosperity; (3) France is— (A) a key North Atlantic Treaty Organization ally; and (B) an important bilateral economic partner to the United States; (4) Jean Monnet was a French diplomat who played an influential role in— (A) the founding of the European Union; and (B) restoring and maintaining peace throughout Europe; (5) Jean Monnet served as Deputy Secretary-General of the League of Nations, the first worldwide intergovernmental organization established to maintain world peace; (6) Jean Monnet served as Chair of the Anglo-French Coordinating Committee during World War II to unite British and French war efforts; (7) after France surrendered to Germany on June 22, 1940, Jean Monnet served on the British Purchasing Commission to facilitate the production and purchase of armaments for the war effort; (8) Jean Monnet— (A) served as an advisor to President Franklin D. Roosevelt; and (B) played a critical role in the United States by providing necessary armaments and aid to European allies during World War II; (9) Jean Monnet led the development and implementation of the Modernization and Re-equipment Plan, which spurred economic recovery in France after World War II; (10) Jean Monnet co-authored the Schuman Declaration— (A) that— (i) bound together French and German industries after World War II to revitalize the European economy and ensure peace; and (ii) led to the establishment of the European Coal and Steel Community; and (B) the date of enactment of which, May 9, has been adopted as Europe Day by the European Union; (11) Jean Monnet served as the first president of the High Authority of the European Coal and Steel Community; (12) Jean Monnet founded the Action Committee for the United States of Europe, which is recognized as having laid the foundation for the establishment of the European Union; (13) on April 2, 1976, the European Council of the European Union presented the first ever Honorary Citizen of Europe award to Jean Monnet for his extraordinary efforts to promote European cooperation; (14) in 1963, President Lyndon B. Johnson presented Jean Monnet with the Presidential Medal of Freedom; and (15) Jean Monnet— (A) had a residence near Rock Creek Park in Washington, DC; (B) enjoyed taking long walks through Rock Creek Park; (C) affectionately referred to Rock Creek Park as my park ; and (D) claimed that long walks through Rock Creek Park helped him to think and develop plans to achieve peace and unity in Europe. (b) Definitions In this section: (1) Embassy The term Embassy means the Embassy of France in Washington, DC. (2) Secretary The term Secretary means the Secretary of the Interior. (c) Authorization (1) In general The Embassy may establish a commemorative work on Federal land in the District of Columbia and its environs to honor the extraordinary contributions of Jean Monnet with respect to— (A) restoring peace between European nations; and (B) establishing the European Union. (2) Compliance with standards for commemorative works The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ). (3) Prohibition on the use of Federal funds (A) In general Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (B) Responsibility of the embassy of france in washington, DC The Embassy shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work under this section. (4) Deposit of excess funds (A) In general If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Embassy shall transmit the amount of the balance to the Secretary for deposit in the account provided for in section 8906(b)(3) of that title. (B) On expiration of authority If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the Embassy shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section. (d) Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s3579is/xml/BILLS-117s3579is.xml |
117-s-3580 | II 117th CONGRESS 2d Session S. 3580 IN THE SENATE OF THE UNITED STATES February 3, 2022 Ms. Klobuchar (for herself, Mr. Thune , Ms. Baldwin , Mr. Hoeven , Ms. Stabenow , Mr. Marshall , Mr. Peters , Mr. Moran , Mr. Blumenthal , Mr. Young , Mr. Kelly , Mrs. Blackburn , Mr. Booker , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 46, United States Code, with respect to prohibited acts by ocean common carriers or marine terminal operators, and for other purposes.
1. Short title This Act may be cited as the Ocean Shipping Reform Act of 2022 . 2. Purposes Section 40101 of title 46, United States Code, is amended— (1) by striking paragraph (2) and inserting the following: (2) ensure an efficient, competitive, and economical transportation system in the ocean commerce of the United States; ; (2) in paragraph (3), by inserting and supporting commerce before needs ; and (3) by striking paragraph (4) and inserting the following: (4) promote the growth and development of United States exports. . 3. Service contracts Section 40502(c) of title 46, United States Code, is amended— (1) in paragraph (7) by striking ; and and inserting a semicolon; (2) in paragraph (8) by striking the period and inserting ; and ; and (3) by adding at the end the following: (9) any other essential terms that the Federal Maritime Commission determines necessary or appropriate. . 4. Shipping exchange registry (a) In general Chapter 405 of title 46, United States Code, is amended by adding at the end the following: 40504. Shipping exchange registry (a) In general No person may operate a shipping exchange involving ocean transportation in the foreign commerce of the United States unless the shipping exchange is registered as a national shipping exchange under the terms and conditions provided in this section and the regulations issued pursuant to this section. (b) Registration A person shall register a shipping exchange by filing with the Federal Maritime Commission (referred to in this section as the Commission ) an application for registration in such form as the Commission, by rule, may prescribe containing the rules of the exchange and such other information and documents as the Commission, by rule, may prescribe as necessary or appropriate in the public interest. (c) Exemption The Commission may exempt, conditionally or unconditionally, a shipping exchange from registration under this section if the Commission finds that the shipping exchange is subject to comparable, comprehensive supervision and regulation by the appropriate governmental authorities in a foreign country where the shipping exchange is headquartered. (d) Regulations Not later than 3 years after the date of enactment of the Ocean Shipping Reform Act of 2022 , the Commission shall issue regulations pursuant to subsection (a), which shall set standards necessary to carry out subtitle IV of this title for registered national shipping exchanges, including the minimum requirements for service contracts established under section 40502 of this title. (e) Definition of shipping exchange In this section, the term shipping exchange means a service or platform for shippers to communicate freight traffic and capacity information to common carriers. . (b) Applicability The registration requirement under section 40504 of title 46, United States Code (as added by subsection (a)), shall take effect on the date on which the Federal Maritime Commission states the rule is effective in the regulations issued under such section. (c) Clerical amendment The analysis for chapter 405 of title 46, United States Code, is amended by adding at the end the following: 40504. Shipping exchange registry. . 5. Prohibition on retaliation Section 41102 of title 46, United States Code, is amended by adding at the end the following: (d) Prohibition on retaliation (1) In general A common carrier, marine terminal operator, or ocean transportation intermediary, either alone or in conjunction with any other person, directly or indirectly, may not retaliate against a shipper, a motor carrier, or an agent of such a shipper or carrier by taking any action described in paragraph (2) because the shipper or motor carrier has patronized another common carrier, marine terminal operator, or ocean transportation intermediary, or has filed a complaint, or for any other reason. (2) Actions The actions described in this paragraph are— (A) refusing, or threatening to refuse, cargo space accommodations when available; or (B) resorting to any other prohibited actions under section 41104(a)(3). . 6. Public disclosure Section 46106 of title 46, United States Code, is amended by adding at the end the following: (d) Public disclosures The Federal Maritime Commission shall publish, and annually update, on the website of the Commission— (1) all findings by the Commission of false certifications by common carriers or marine terminal operators under section 41104(a)(15) of this title; and (2) all penalties imposed or assessed against common carriers or marine terminal operators, as applicable, under sections 41107, 41108, and 41109, listed by each common carrier or marine terminal operator. . 7. Common carriers (a) In general Section 41104 of title 46, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking may not and inserting shall not ; (B) by striking paragraph (3) and inserting the following: (3) with due regard being given to the proper loading of the vessel and the available tonnage, refuse cargo space accommodations when available, or resort to other unfair or unjustly discriminatory methods; ; (C) in paragraph (5), by striking in the matter of rates or charges and inserting against any commodity group or type of shipment or in the matter of rates or charges ; (D) in paragraph (9), by inserting against any commodity group or type of shipment or in the matter of rates or charges after disadvantage ; (E) in paragraph (10), by adding , including with respect to vessel space accommodations after negotiate ; (F) in paragraph (12) by striking ; or and inserting a semicolon; (G) in paragraph (13) by striking the period and inserting a semicolon; and (H) by adding at the end the following: (14) assess any party for a charge that is inconsistent or does not comply with all applicable provisions of part 545 of title 46, Code of Federal Regulations (or successor regulations); or (15) invoice any party for demurrage or detention charges, unless accompanied by an accurate certification that such charges comply with— (A) all provisions of part 545 of title 46, Code of Federal Regulations (or successor regulations); and (B) the findings of the final rule published on May 18, 2020, entitled Interpretive Rule on Demurrage and Detention Under the Shipping Act (85 Fed. Reg. 29638). ; and (2) by adding at the end the following: (d) Violation of prohibition If the Commission determines, after an investigation in response to a submission under section 41310, that a certification under subsection (a)(15) was inaccurate or false, penalties under section 41107 shall be applied. (e) Certification Failure to include a certification under subsection (a)(15) alongside any demurrage or detention charge shall eliminate any obligation of the charged party to pay the applicable charge. . (b) Rulemaking on demurrage or detention (1) In general Not later than 1 year after the date of enactment of this Act, the Federal Maritime Commission shall issue rulemaking further defining prohibited practices by common carriers, marine terminal operators, shippers, and ocean transportation intermediaries under section 41102(c) of title 46, United States Code, regarding the assessment of demurrage or detention charges. (2) Contents The rulemaking under paragraph (1) shall seek to further clarify reasonable rules and practices related to the assessment of detention and demurrage charges to address the issues identified in the final rule published on May 18, 2020, titled Interpretive Rule on Demurrage and Detention Under the Shipping Act (85 Fed. Reg. 29638), including a determination of which parties may be appropriately billed for any demurrage, detention, or other similar per container charges. (c) Rulemaking on unfair or unjustly discriminatory methods Not later than 1 year after the date of enactment of this Act, the Federal Maritime Commission shall issue rulemaking defining unfair or unjustly discriminatory methods under section 41104(a)(3) of title 46, as amended by this section. (d) Rulemaking on unreasonably refuse To deal or negotiate with respect to vessel space accommodations Not later than 1 year after the date of enactment of this Act, the Federal Maritime Commission shall issue rulemaking defining unreasonable refusal to deal or negotiate with respect to vessel space under section 41104(a)(10) of title 46, as amended by this section. 8. Assessment of penalties or refunds (a) In general Title 46, United States Code, is amended— (1) in section 41107— (A) in the section heading, by inserting or refunds after penalties ; (B) in subsection (a), by inserting or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge after civil penalty ; and (C) in subsection (b), by inserting or, in addition to or in lieu of a civil penalty, the refund of a charge, after civil penalty ; and (2) in section 41109— (A) in the section heading, by inserting or refunds after penalties ; (B) in subsection (a)— (i) by inserting or, in addition to or in lieu of a civil penalty, order the refund of a charge after this part ; and (ii) by inserting or refund of such charge after conditions, a civil penalty ; (C) by striking subsection (c); (D) by redesignating subsections (d) through (g) as subsections (c) through (f); (E) in subsection (d), as redesignated by subparagraph (D), by inserting or order a refund of a charge after civil penalty ; (F) in subsection (e), as redesignated by subparagraph (D), by inserting or who is ordered to refund a charge after civil penalty is assessed ; and (G) in subsection (f), as redesignated by subparagraph (D)— (i) by inserting or pay a refund of a charge after of a civil penalty ; and (ii) by inserting or the amount ordered to be refunded after amount assessed . (b) Clerical amendments The analysis for chapter 411 of title 46, United States Code, is amended— (1) by striking the item relating to section 41107 and inserting the following: 41107. Monetary penalties or refunds. ; and (2) by striking the item relating to section 41109 and inserting the following: 41109. Assessment of penalties or refunds. . 9. Data collection (a) In general Chapter 411 of title 46, United States Code, is amended by adding at the end the following: 41110. Data collection (a) In general Common carriers covered under this chapter shall submit to the Federal Maritime Commission a calendar quarterly report that describes the total import and export tonnage and the total loaded and empty 20-foot equivalent units per vessel (making port in the United States, including any territory or possession of the United States) operated by such common carrier. (b) Prohibition on duplication Data required to be reported under subsection (a) may not duplicate information— (1) submitted to the Corps of Engineers pursuant to section 11 of the Act entitled An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved September 22, 1922 ( 33 U.S.C. 555 ), by an ocean common carrier acting as a vessel operator; or (2) submitted pursuant to section 481 of the Tariff Act of 1930 ( 19 U.S.C. 1481 ) to Customs and Border Protection by merchandise importers. . (b) Clerical amendment The analysis for chapter 411 of title 46, United States Code, is amended by adding at the end the following: 41110. Data collection. . 10. Charge complaints (a) In general Chapter 413 of title 46, United States Code, is amended by adding at the end the following: 41310. Charge complaints (a) In general A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning charges. The information submitted to the Commission may include the bill of lading numbers, certifications, or any other relevant information. (b) Investigation Upon receipt of a submission under subsection (a), with respect to a charge assessed by a common carrier, the Commission shall promptly investigate the charge with regard to compliance with section 41104(a). The common carrier shall— (1) be provided an opportunity to submit additional information related to the charge in question; and (2) bear the burden of establishing the reasonableness of any demurrage or detention charges which are the subject of any complaint proceeding challenging a common carrier or marine terminal operator demurrage or detention charge pursuant to section 545.5 of title 46, Code of Federal regulations (or successor regulations). (c) Refund Upon receipt of submissions under subsection (a), if the Commission determines that a charge does not comply with section 41104(a), the Commission shall promptly order the refund of any demurrage and detention charges paid. (d) Penalties In the event of a finding that a charge does not comply with section 41104(a) after submission under subsection (a), a civil penalty under section 41107 shall be applied to the common carrier making such charge. . (b) Clerical amendment The analysis for chapter 413 of title 46, United States Code, is amended by adding at the end the following: 41310. Charge complaints. . 11. Investigations (a) Amendments Section 41302 of title 46, United States Code, is amended— (1) in subsection (a), in the first sentence, by striking or agreement and inserting agreement, fee, or charge ; and (2) in subsection (b)— (A) in the subsection heading, by striking Agreement and inserting Agreement, fee, or charge ; and (B) by inserting , fee, or charge after agreement . (b) Report The Federal Maritime Commission shall publish on a publicly available website of the Commission a report containing the results of the investigation entitled Fact Finding No. 29, International Ocean Transportation Supply Chain Engagement . 12. Award of additional amounts Section 41305 of title 46, United States Code, is amended— (1) in subsection (c)— (A) by striking section 41102(b), through or (3) and inserting subsection (b), (c), or (d) of section 41102, paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105 ; and (B) by inserting or if the Commission determined that a violation of section 41104(a) of this title was made, after of this title ; and (2) in subsection (d), by striking section 41104(4)(A) or (B) and inserting subparagraph (A) or (B) of section 41104(a)(4) . 13. Enforcement of reparation orders (a) In general Section 41309 of title 46, United States Code, is amended— (1) in the section heading, by inserting or refund after reparation ; (2) in subsection (a)— (A) by inserting or refund of a charge after payment of reparation ; and (B) by inserting or to whom the refund of the charge was ordered after award was made ; and (3) in subsection (b), by inserting or refund of such a charge after award of reparation . (b) Clerical amendment The analysis for chapter 413 of title 46, United States Code, is amended by striking the item relating to section 41309 and inserting the following: 41309. Enforcement of reparation or refund orders. . 14. Annual report to Congress Section 46106(b) of title 46, United States Code, is amended— (1) in paragraph (5) by striking and at the end; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) an identification of any otherwise concerning practices by ocean common carriers, particularly such carriers that are controlled carriers, that are— (A) State-owned or State-controlled enterprises; or (B) owned or controlled by, a subsidiary of, or otherwise related legally or financially (other than a minority relationship or investment) to a corporation based in a country— (i) identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) )) as of the date of enactment of this paragraph; (ii) identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 ( 19 U.S.C. 2242 ) as a priority foreign country under subsection (a)(2) of that section; or (iii) subject to monitoring by the United States Trade Representative under section 306 of the Trade Act of 1974 ( 19 U.S.C. 2416 ). . 15. Technical amendments (a) Additional penalties Section 41108(a) of title 46, United States Code, is amended by striking section 41104(1), (2), or (7) and inserting paragraph (1), (2), or (7) of section 41104(a) . (b) Assessment of penalties Section 41109(c) of title 46, United States Code, is amended by striking section 41104(1) or (2) and inserting paragraph (1) or (2) of section 41104(a) . | https://www.govinfo.gov/content/pkg/BILLS-117s3580is/xml/BILLS-117s3580is.xml |
117-s-3581 | II 117th CONGRESS 2d Session S. 3581 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Braun (for himself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services to submit to Congress a report on COVID–19 natural immunity, and for other purposes.
1. Short title This Act may be cited as the Natural Immunity Transparency Act . 2. Report on COVID–19 natural immunity (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that contains— (1) the number of individuals who recovered from a COVID–19 infection, and never received a COVID–19 vaccine, during the period beginning on January 1, 2020, and ending on such date of enactment, and who subsequently— (A) died from a COVID–19 infection; (B) were hospitalized from a COVID–19 infection; (C) had an additional confirmed case of COVID–19; or (D) transmitted SARS–CoV–2 to another person or persons while reinfected; and (2) the number of individuals who received all recommended doses of a COVID–19 vaccine during the period beginning on December 14, 2020, and ending on such date of enactment, and who subsequently— (A) died from a COVID–19 infection; (B) were hospitalized from a COVID–19 infection; or (C) had a confirmed breakthrough case. (b) Definitions In this section: (1) Breakthrough case The term breakthrough case , with respect to a case of COVID–19, means the detection of SARS–CoV–2 RNA or antigen in a respiratory specimen collected from an individual at least 14 days after the date on which such individual received all recommended doses of a COVID–19 vaccine. (2) COVID–19 vaccine The term COVID–19 vaccine means a vaccine for COVID–19 that has been licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) or authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ). | https://www.govinfo.gov/content/pkg/BILLS-117s3581is/xml/BILLS-117s3581is.xml |
117-s-3582 | II 117th CONGRESS 2d Session S. 3582 IN THE SENATE OF THE UNITED STATES February 3, 2022 Ms. Warren (for herself, Mr. Merkley , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish an Independent Counsel on Pernicious Political Activities, and for other purposes.
1. Short title This Act may be cited as the Political Corruption Review of Infractions for Misconduct by Executive Servants Act or the Political CRIMES Act . 2. Independent Counsel on Pernicious Political Activities (a) Applicability of provisions of this section (1) Preliminary investigation with respect to certain covered persons The Attorney General shall conduct a preliminary investigation in accordance with subsection (b) whenever the Attorney General receives information sufficient to constitute grounds to investigate whether any person described in paragraph (2) may have violated, between January 20, 2009 and January 21, 2021— (A) section 7323 or 7324 of title 5, United States Code, as amended by this Act; or (B) section 610 of title 18, United States Code. For purposes of this section, such a violation shall be referred to as a covered violation . (2) Persons to whom paragraph (1) applies The persons referred to in paragraph (1) are— (A) the President and Vice President; (B) any individual serving in a position listed in section 5312 of title 5, United States Code; (C) any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5, United States Code; (D) any Assistant Attorney General and any individual working in the Department of Justice who is compensated at a rate of pay at or above level III of the Executive Schedule under section 5314 of title 5, United States Code; (E) the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue; and (F) for a period of 1 year after leaving an office or position described in subparagraph (A), (B), (C), (D), or (E), each individual who held such office or position. (3) Preliminary investigation with respect to other persons When the Attorney General determines that an investigation or prosecution of a person by the Department of Justice may result in a personal, financial, or political conflict of interest, the Attorney General may conduct a preliminary investigation of such person in accordance with subsection (b) if the Attorney General receives information sufficient to constitute grounds to investigate whether that person may have committed a covered violation. (4) Examination of information to determine need for preliminary investigation (A) Factors to be considered In determining whether grounds to investigate exist, the Attorney General shall consider only— (i) the specificity of the information received; and (ii) the credibility of the source of the information. (B) Time period for making determination The Attorney General shall determine whether grounds to investigate exist not later than 30 days after the information is first received. If within that 30-day period the Attorney General determines that the information is not specific or is not from a credible source, then the Attorney General shall close the matter, and submit a report, not later than 7 days thereafter to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. If within that 30-day period the Attorney General determines that the information is specific and from a credible source, the Attorney General shall, upon making that determination, commence a preliminary investigation with respect to that information. If the Attorney General is unable to determine, within that 30-day period, whether the information is specific and from a credible source, the Attorney General shall, at the end of that 30-day period, commence a preliminary investigation with respect to that information. (5) Recusal of Attorney General (A) When recusal is required (i) If information received under this section involves the Attorney General, the Attorney General shall recuse themselves by designating the next most senior official in the Department of Justice who is not also recused to perform the duties assigned under this section to the Attorney General. (ii) If information received under this section involves a person with whom the Attorney General has a personal or financial relationship, the Attorney General shall recuse themselves by designating the next most senior official in the Department of Justice who is not also recused to perform the duties assigned under this section to the Attorney General. (B) Requirements for recusal determination Before personally making any other determination under this section with respect to information received under this section, the Attorney General shall determine under subparagraph (A)(ii) whether recusal is necessary. The Attorney General shall set forth this determination in writing, identify the facts considered by the Attorney General, and set forth the reasons for the recusal. The Attorney General shall file this determination with any notification or application submitted to the division of the court under this section with respect to such information. (b) Preliminary investigation and application for appointment of an independent counsel (1) Conduct of preliminary investigation (A) In general A preliminary investigation conducted under this section shall be of such matters as the Attorney General considers appropriate in order to make a determination, under paragraph (2) or (3), on whether further investigation is warranted, with respect to each potential covered violation, or allegation of a covered violation. The Attorney General shall make such determination not later than 90 days after the preliminary investigation is commenced, except that, in the case of a preliminary investigation commenced after a congressional request under paragraph (7), the Attorney General shall make such determination not later than 90 days after the request is received. The Attorney General shall promptly notify the division of the court specified in subsection (c) of the commencement of such preliminary investigation and the date of such commencement. (B) Extension of time for preliminary investigation The Attorney General may apply to the division of the court for a single extension, for a period of not more than 60 days, of the 90-day period referred to in subparagraph (A). The division of the court may, upon a showing of good cause, grant such extension. (2) Determination that further investigation not warranted (A) Notification of division of the court If the Attorney General, upon completion of a preliminary investigation under this section, determines that there are no reasonable grounds to believe that further investigation is warranted, the Attorney General shall promptly so notify the division of the court, and the division of the court shall have no power to appoint an independent counsel with respect to the matters involved. The division of the court shall issue a report in agreement with the Attorney General’s investigation. The Inspector General of the Department of Justice shall review the Attorney General’s determination to not continue an investigation and provide notification to the appropriate congressional committees that such an investigation is underway within 3 days after the Attorney General’s determination. (B) Form of notification Such notification shall contain a summary of the information received and a summary of the results of the preliminary investigation. (3) Determination that further investigation is warranted (A) Application for appointment of independent counsel The Attorney General shall apply to the division of the court for the appointment of an independent counsel if— (i) the Attorney General, upon completion of a preliminary investigation under this section, determines that there are reasonable grounds to believe that further investigation is warranted; or (ii) the 90-day period referred to in paragraph (1)(A), and any extension granted under paragraph (1)(C), have elapsed and the Attorney General has not filed a notification with the division of the court under paragraph (2)(A). In determining under this section whether reasonable grounds exist to warrant further investigation, the Attorney General shall comply with the written or other established policies of the Department of Justice with respect to the conduct of criminal investigations. (B) Receipt of additional information If, after submitting a notification under paragraph (2)(A), the Attorney General receives additional information sufficient to constitute grounds to investigate the matters to which such notification related, the Attorney General shall— (i) conduct such additional preliminary investigation as the Attorney General considers appropriate for a period of not more than 90 days after the date on which such additional information is received; and (ii) otherwise comply with the provisions of this subsection with respect to such additional preliminary investigation to the same extent as any other preliminary investigation under this section. (4) Contents of application Any application for the appointment of an independent counsel under this section shall contain sufficient information to assist the division of the court in selecting an independent counsel and in defining that independent counsel’s prosecutorial jurisdiction so that the independent counsel has adequate authority to fully investigate and prosecute the subject matter and all matters related to that subject matter. (5) Disclosure of information Except as otherwise provided in this section or as is deemed necessary for law enforcement purposes, no officer or employee of the Department of Justice or an office of independent counsel may, without leave of the division of the court, disclose to any individual outside the Department of Justice or such office any notification, application, or any other document, materials, or memorandum supplied to the division of the court under this section. Nothing in this section shall be construed as authorizing the withholding of information from the Congress. (6) Limitation on Judicial Review The Attorney General’s determination under this section to apply to the division of the court for the appointment of an independent counsel shall not be reviewable in any court. (7) Congressional Request (A) By judiciary committee or members thereof The Committee on the Judiciary of either House of the Congress, or a majority of majority party members of either such committee, may request in writing that the Attorney General apply for the appointment of an independent counsel. (B) Report by attorney general pursuant to request Not later than 30 days after the receipt of a request under subparagraph (A), the Attorney General shall submit, to the committee making the request, or to the committee on which the persons making the request serve, a report on whether the Attorney General has begun or will begin a preliminary investigation under this section of the matters with respect to which the request is made, in accordance with paragraph (1) or (3) of subsection (a), as the case may be. The report shall set forth the reasons for the Attorney General’s decision regarding such preliminary investigation as it relates to each of the matters with respect to which the congressional request is made. If there is such a preliminary investigation, the report shall include the date on which the preliminary investigation began or will begin. (C) Submission of information in response to congressional request At the same time as any notification, application, or any other document, material, or memorandum is supplied to the division of the court pursuant to this section with respect to a preliminary investigation of any matter with respect to which a request is made under subparagraph (A), such notification, application, or other document, material, or memorandum shall be supplied to the committee making the request, or to the committee on which the persons making the request serve. If no application for the appointment of an independent counsel is made to the division of the court under this subsection pursuant to such a preliminary investigation, the Attorney General shall submit a report to that committee stating the reasons why such application was not made, addressing each matter with respect to which the congressional request was made. (D) Disclosure of information Any report, notification, application, or other document, material, or memorandum supplied to a committee under this paragraph shall not be revealed to any third party, except that the committee may, either on its own initiative or upon the request of the Attorney General, make public such portion or portions of such report, notification, application, document, material, or memorandum as will not in the committee’s judgment prejudice the rights of any individual. (c) Duties of the Division of the Court (1) Reference to division of the court The division of the court to which this Act refers is the division established under section 49 of title 28, United States Code. A division shall be so established if not in effect on the date of enactment of this Act. (2) Appointment and Jurisdiction of Independent Counsel (A) Authority Upon receipt of an application under subsection (b)(3), the division of the court shall appoint an appropriate independent counsel and shall define that independent counsel's prosecutorial jurisdiction. (B) Qualifications of Independent Counsel The division of the court shall appoint as independent counsel an individual who has appropriate experience and who will conduct the investigation and any prosecution in a prompt, responsible, and cost-effective manner. The division of the court shall seek to appoint as independent counsel an individual who will serve to the extent necessary to complete the investigation and any prosecution without undue delay. The division of the court may not appoint as an independent counsel any person who holds any office of profit or trust under the United States. (C) Scope of Prosecutorial Jurisdiction In defining the independent counsel's prosecutorial jurisdiction, the division of the court shall assure that the independent counsel has adequate authority to fully investigate and prosecute covered violations. Such jurisdiction shall also include the authority to investigate and prosecute Federal crimes, other than those classified as Class B or C misdemeanors or infractions, that may arise out of the investigation or prosecution of the matter with respect to which the Attorney General's request was made, including perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses. (D) Disclosure of Identity and Prosecutorial Jurisdiction An independent counsel's identity and prosecutorial jurisdiction (including any expansion under paragraph (3)) may not be made public except upon the request of the Attorney General or upon a determination of the division of the court that disclosure of the identity and prosecutorial jurisdiction of such independent counsel would be in the best interests of justice. In any event, the identity and prosecutorial jurisdiction of such independent counsel shall be made public when any indictment is returned, or any criminal information is filed, pursuant to the independent counsel's investigation. (3) Return for further investigation Upon receipt of a notification from the Attorney General that there are no reasonable grounds to believe that further investigation is warranted with respect to information received under this section, the division of the court shall have no authority to overrule this determination but may return the matter to the Attorney General for further explanation of the reasons for such determination. (4) Vacancies If a vacancy in office arises by reason of the resignation, death, or removal of an independent counsel, the division of the court shall appoint an independent counsel to complete the work of the independent counsel whose resignation, death, or removal caused the vacancy, except that in the case of a vacancy arising by reason of the removal of an independent counsel, the division of the court may appoint an acting independent counsel to serve until any judicial review of such removal is completed. If the independent counsel is removed, the division of the court shall report on such removal to the appropriate congressional committees not later than 3 days thereafter. (5) Attorney’s Fees (A) Award of fees Upon the request of an individual who is the subject of an investigation conducted by an independent counsel pursuant to this section, the division of the court may, if no indictment is brought against such individual pursuant to that investigation, award reimbursement for those reasonable attorneys' fees incurred by that individual during that investigation which would not have been incurred but for the requirements of this Act. The division of the court shall notify the independent counsel who conducted the investigation and the Attorney General of any request for attorneys' fees under this paragraph. (B) Evaluation of fees The division of the court shall direct such independent counsel and the Attorney General to file a written evaluation of any request for attorneys' fees under this subsection, addressing— (i) the sufficiency of the documentation; (ii) the need or justification for the attorneys' fees; (iii) whether the attorneys' fees would have been incurred but for the requirements of this section; and (iv) the reasonableness of the amount of money requested. (6) Disclosure of information The division of the court may, subject to subsection (d)(8)(B), allow the disclosure of any notification, application, or any other document, material, or memorandum supplied to the division of the court under this section. (7) Amicus curiae briefs When presented with significant legal issues, the division of the court may disclose sufficient information about the issues to permit the filing of timely amicus curiae briefs. (d) Authorities and duties of an independent counsel (1) Authorities Notwithstanding any other provision of law, an independent counsel appointed under this section shall have, with respect to all matters in such independent counsel's prosecutorial jurisdiction established under this section, full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice, the Attorney General, and any other officer or employee of the Department of Justice, except that the Attorney General shall exercise direction or control as to those matters that specifically require the Attorney General's personal action under section 2516 of title 18, United States Code. Such investigative and prosecutorial functions and powers shall include— (A) conducting proceedings before grand juries and other investigations; (B) participating in court proceedings and engaging in any litigation, including civil and criminal matters that such independent counsel considers necessary; (C) appealing any decision of a court in any case or proceeding in which such independent counsel participates in an official capacity; (D) reviewing all documentary evidence available from any source; (E) determining whether to contest the assertion of any testimonial privilege; (F) receiving appropriate national security clearances and, if necessary, contesting in court (including, where appropriate, participating in camera proceedings) any claim of privilege or attempt to withhold evidence on grounds of national security; (G) making applications to any Federal court for a grant of immunity to any witness, consistent with applicable statutory requirements, or for warrants, subpoenas, or other court orders, and, for purposes of sections 6003, 6004, and 6005 of title 18, United States Code, exercising the authority vested in a United States attorney or the Attorney General; (H) inspecting, obtaining, or using the original or a copy of any tax return, in accordance with the applicable statutes and regulations, and, for purposes of section 6103 of the Internal Revenue Code of 1986 and the regulations issued thereunder, exercising the powers vested in a United States attorney or the Attorney General; (I) initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing informations, and handling all aspects of any case, in the name of the United States; and (J) consulting with the United States attorney for the district in which any covered violation was alleged to have occurred. (2) Compensation (A) In general An independent counsel appointed under this Act shall receive compensation at the per diem rate equal to the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (B) Travel expenses Except as provided in subparagraph (C), an independent counsel and persons appointed under paragraph (3) shall be entitled to the payment of travel expenses as provided by subchapter I of chapter 57 of title 5, United States Code, including travel, per diem, and subsistence expenses in accordance with section 5703 of such title 5. (C) Travel to primary office (i) In general After 1 year of service under this section, an independent counsel and persons appointed under paragraph (3) shall not be entitled to the payment of travel, per diem, or subsistence expenses under subchapter I of chapter 57 of title 5, United States Code, for the purpose of commuting to or from the city in which the primary office of the independent counsel or person is located. The 1-year period may be extended for successive 6-month periods if the independent counsel and the division of the court certify that the payment is in the public interest to carry out the purposes of this section. (ii) Relevant factors In making any certification under this subparagraph with respect to travel and subsistence expenses of an independent counsel or person appointed under paragraph (3), the independent counsel and the division of the court shall consider, among other relevant factors— (I) the cost to the Government of reimbursing such travel and subsistence expenses; (II) the period of time for which the independent counsel anticipates that the activities of the independent counsel or person, as the case may be, will continue; (III) the personal and financial burdens on the independent counsel or person, as the case may be, of relocating so that such travel and subsistence expenses would not be incurred; and (IV) the burdens associated with appointing a new independent counsel, or appointing another person under paragraph (3), to replace the individual involved who is unable or unwilling to so relocate. (3) Additional personnel For the purposes of carrying out the duties of an office of independent counsel, such independent counsel may appoint, fix the compensation, and assign the duties of such employees as such independent counsel considers necessary (including investigators, attorneys, and part-time consultants). The positions of all such employees are exempted from the competitive service. Such employees shall be compensated at levels not to exceed those payable for comparable positions in the Office of United States Attorney for the District of Columbia under sections 548 and 550, but in no event shall any such employee be compensated at a rate greater than the rate of basic pay payable for level ES–4 of the Senior Executive Service Schedule under section 5382 of title 5, United States Code, as adjusted for the District of Columbia under section 5304 of that title regardless of the locality in which an employee is employed. (4) Assistance of Department of Justice (A) In carrying out functions An independent counsel may request assistance from the Department of Justice in carrying out the functions of the independent counsel, and the Department of Justice shall provide that assistance, which may include access to any records, files, or other materials relevant to matters within such independent counsel's prosecutorial jurisdiction, and the use of the resources and personnel necessary to perform such independent counsel's duties. At the request of an independent counsel, prosecutors, administrative personnel, and other employees of the Department of Justice may be detailed to the staff of the independent counsel. (B) Payment of and reports on expenditures of independent counsel The Department of Justice shall pay all costs relating to the establishment and operation of any office of independent counsel. The Attorney General shall submit to the Congress, not later than 30 days after the end of each fiscal year, a report on amounts paid during that fiscal year for expenses of investigations and prosecutions by independent counsel. Each such report shall include a statement of all payments made for activities of independent counsel but may not reveal the identity or prosecutorial jurisdiction of any independent counsel which has not been disclosed under subsection (c)(2)(D). (5) Referral of other matters (A) Referral of other matters to an independent counsel An independent counsel may ask the Attorney General or the division of the court to refer to the independent counsel matters related to the independent counsel's prosecutorial jurisdiction, and the Attorney General or the division of the court, as the case may be, may refer such matters. If the Attorney General refers a matter to an independent counsel on the Attorney General's own initiative, the independent counsel may accept such referral if the matter relates to the independent counsel's prosecutorial jurisdiction. If the Attorney General refers any matter to the independent counsel pursuant to the independent counsel's request, or if the independent counsel accepts a referral made by the Attorney General on the Attorney General's own initiative, the independent counsel shall so notify the division of the court. (B) Referral of other matters to the Attorney General If an independent counsel appointed under this section finds a violation of the law other than a covered violation, the independent counsel shall— (i) refer the matter to the Attorney General; (ii) refer the matter to any relevant state or local law enforcement official; and (iii) not later than 7 days after discovery of the violation, submit a report to Congress. (6) Compliance with policies of the Department of Justice (A) In general An independent counsel shall, except to the extent that to do so would be inconsistent with the purposes of this section, comply with the written or other established policies of the Department of Justice respecting enforcement of the criminal laws. To determine these policies and policies under paragraph (12)(A)(ii), the independent counsel shall, except to the extent that doing so would be inconsistent with the purposes of this section, consult with the Department of Justice. (B) National security An independent counsel shall comply with guidelines and procedures used by the Department in the handling and use of classified material. (7) Dismissal of matters The independent counsel shall have full authority to dismiss matters within the independent counsel's prosecutorial jurisdiction without conducting an investigation or at any subsequent time before prosecution, if to do so would be consistent with the written or other established policies of the Department of Justice with respect to the enforcement of criminal laws. The independent counsel shall report, not later than 3 days thereafter, on any such dismissal, to the appropriate committees of Congress. (8) Reports by independent counsel (A) Required reports An independent counsel shall— (i) file with the division of the court, with respect to the 6-month period beginning on the date of that counsel’s appointment, and with respect to each 6-month period thereafter until the office of that independent counsel terminates, a report which identifies and explains major expenses, and summarizes all other expenses, incurred by that office during the 6-month period with respect to which the report is filed, and estimates future expenses of that office; and (ii) before the termination of the independent counsel's office under subsection (f)(2), file a final report with the division of the court, setting forth fully and completely a description of the work of the independent counsel, including the disposition of all cases brought. (B) Disclosure of information in reports The division of the court shall release to the Congress, and may release to the public, or any appropriate person, such portions of a report made under this paragraph as the division of the court considers appropriate. The division of the court shall make such orders as are appropriate to protect the rights of any individual named in such report and to prevent undue interference with any pending prosecution. The division of the court may make any portion of a final report filed under subparagraph (A)(ii) available to any individual named in such report for the purposes of receiving within a time limit set by the division of the court any comments or factual information that such individual may submit. Such comments and factual information, in whole or in part, may, in the discretion of the division of the court, be included as an appendix to such final report. (C) Publication of reports At the request of an independent counsel, the Director of the Government Publishing Office shall cause to be printed any report previously released to the public under subparagraph (B). The independent counsel shall certify the number of copies necessary for the public, and the Director of the Government Publishing Office shall place the cost of the required number to the debit of such independent counsel. Additional copies shall be made available to the public through the depository library program and Superintendent of Documents sales program pursuant to sections 1702 and 1903 of title 44, United States Code. Such report shall be considered to be publicly available if it is available to the public online in an electronic searchable format. (9) Independence from Department of Justice Each independent counsel appointed under this section, and the persons appointed by that independent counsel under paragraph (3), are separate from and independent of the Department of Justice for purposes of sections 202 through 209 of title 18, United States Code. (10) Standards of conduct applicable to independent counsel, persons serving in the office of an independent counsel, and their law firms (A) Restrictions on employment while independent counsel and appointees are serving (i) During the period in which an independent counsel is serving under this section, such independent counsel and any person associated with a firm with which such independent counsel is associated may not represent in any matter any person involved in any investigation or prosecution under this section. (ii) During the period in which any person appointed by an independent counsel under paragraph (3) is serving in the office of independent counsel, such person may not represent in any matter any person involved in any investigation or prosecution under this section. (B) Post employment restrictions on independent counsel and appointees (i) Each independent counsel and each person appointed by that independent counsel under paragraph (3) may not, for 3 years following the termination of the service under this section of that independent counsel or appointed person, as the case may be, represent any person in any matter if that individual was the subject of an investigation or prosecution under this section that was conducted by that independent counsel. (ii) Each independent counsel and each person appointed by that independent counsel under paragraph (3) may not, for 1 year following the termination of the service under this section of that independent counsel or appointed person, as the case may be, represent any person in any matter involving any investigation or prosecution under this section. (C) One-year ban on representation by members of firms of independent counsel Any person who is associated with a firm with which an independent counsel is associated or becomes associated after termination of the service of that independent counsel under this section may not, for 1 year following such termination, represent any person in any matter involving any investigation or prosecution under this section. (D) Definitions For purposes of this paragraph— (i) the term firm means a law firm whether organized as a partnership or corporation; and (ii) a person is associated with a firm if that person is an officer, director, partner, or other member or employee of that firm. (E) Enforcement The Attorney General and the Director of the Office of Government Ethics have authority to enforce compliance with this paragraph. (11) Custody of records of an independent counsel (A) Transfer of records Upon termination of the office of an independent counsel, that independent counsel shall transfer to the Archivist of the United States all records which have been created or received by that office. Before this transfer, the independent counsel shall clearly identify which of these records are subject to rule 6(e) of the Federal Rules of Criminal Procedure as grand jury materials and which of these records have been classified as national security information. Any records which were compiled by an independent counsel and, upon termination of the independent counsel's office, were stored with the division of the court or elsewhere before the date of enactment of this Act, shall also be transferred to the Archivist of the United States by the division of the court or the person in possession of such records. (B) Maintenance, use, and disposal of records Records transferred to the Archivist under this section shall be maintained, used, and disposed of in accordance with chapters 21, 29, and 33 of title 44, United States Code. (C) Access to records (i) In general Subject to subparagraph (D), access to the records transferred to the Archivist under this section shall be governed by section 552 of title 5, United States Code. (ii) Access by Department of Justice The Archivist shall, upon written application by the Attorney General, disclose any such records to the Department of Justice for purposes of an ongoing law enforcement investigation or court proceeding, except that, in the case of grand jury materials, such records shall be so disclosed only by order of the court of jurisdiction under rule 6(e) of the Federal Rules of Criminal Procedure. (iii) Exception Notwithstanding any restriction on access imposed by law, the Archivist and persons employed by the National Archives and Records Administration who are engaged in the performance of normal archival work shall be permitted access to the records transferred to the Archivist under this section. (D) Records provided by Congress Records of an investigation conducted by a committee of the House of Representatives or the Senate which are provided to an independent counsel to assist in an investigation or prosecution conducted by that independent counsel— (i) shall be maintained as a separate body of records within the records of the independent counsel; and (ii) shall, after the records have been transferred to the Archivist under this section, be made available, except as provided in subparagraph (C)(ii) and (iii), in accordance with the rules governing release of the records of the House of Congress that provided the records to the independent counsel. Clause (ii) shall not apply to those records which have been surrendered pursuant to grand jury or court proceedings. (12) Cost Controls and Administrative Support (A) Cost Controls (i) In general An independent counsel shall— (I) conduct all activities with due regard for expense; (II) authorize only reasonable and lawful expenditures; and (III) promptly, upon taking office, assign to a specific employee the duty of certifying that expenditures of the independent counsel are reasonable and made in accordance with law. (ii) Liability for invalid certification An employee making a certification under clause (i)(III) shall be liable for an invalid certification to the same extent as a certifying official certifying a voucher is liable under section 3528 of title 31, United States Code. (iii) Department of Justice policies An independent counsel shall comply with the established policies of the Department of Justice respecting expenditures of funds, except to the extent that compliance would be inconsistent with the purposes of this section. (B) Administrative support The Director of the Administrative Office of the United States Courts shall provide administrative support and guidance to each independent counsel. No officer or employee of the Administrative Office of the United States Courts shall disclose information related to an independent counsel's expenditures, personnel, or administrative acts or arrangements without the authorization of the independent counsel. (C) Office space The Administrator of General Services, in consultation with the Director of the Administrative Office of the United States Courts, shall promptly provide appropriate office space for each independent counsel. Such office space shall be within a Federal building unless the Administrator of General Services determines that other arrangements would cost less. Until such office space is provided, the Administrative Office of the United States Courts shall provide newly appointed independent counsels immediately upon appointment with appropriate, temporary office space, equipment, and supplies. (e) Congressional oversight (1) Oversight of conduct of independent counsel (A) Congressional Oversight The appropriate committees of the Congress shall have oversight jurisdiction with respect to the official conduct of any independent counsel appointed under this section, and such independent counsel shall have the duty to cooperate with the exercise of such oversight jurisdiction. (B) Reports to Congress An independent counsel appointed under this section shall submit to the Congress annually a report on the activities of the independent counsel, including a description of the progress of any investigation or prosecution conducted by the independent counsel. Such report may omit any matter that in the judgment of the independent counsel should be kept confidential, but shall provide information adequate to justify the expenditures that the office of the independent counsel has made. (2) Oversight of conduct of Attorney General Within 15 days after receiving an inquiry about a particular case under this section, which is a matter of public knowledge, from a committee of the Congress with jurisdiction over this section, the Attorney General shall provide the following information to that committee with respect to that case: (A) When the information about the case was received. (B) Whether a preliminary investigation is being conducted, and if so, the date it began. (C) Whether an application for the appointment of an independent counsel or a notification that further investigation is not warranted has been filed with the division of the court, and if so, the date of such filing. (3) Information relating to impeachment An independent counsel shall advise the House of Representatives of any substantial and credible information which such independent counsel receives, in carrying out the independent counsel's responsibilities under this section, that may constitute grounds for an impeachment. Nothing in this section or section 49 of title 28, United States Code, shall prevent the Congress or either House thereof from obtaining information in the course of an impeachment proceeding. (f) Removal of an independent counsel; termination of office (1) Removal; report on removal (A) Grounds for removal An independent counsel appointed under this section may be removed from office, other than by impeachment and conviction, only by the personal action of the Attorney General and only for good cause, physical or mental disability (if not prohibited by law protecting persons from discrimination on the basis of such a disability), or any other condition that substantially impairs the performance of such independent counsel's duties. (B) Report to division of the court and congress If an independent counsel is removed from office, the Attorney General shall promptly submit to the division of the court and the Committees on the Judiciary of the Senate and the House of Representatives a report specifying the facts found and the ultimate grounds for such removal. The committees shall make available to the public such report, except that each committee may, if necessary to protect the rights of any individual named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report. The division of the court may release any or all of such report in accordance with subsection (d)(8)(B). (C) Judicial review of removal An independent counsel removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia. A member of the division of the court may not hear or determine any such civil action or any appeal of a decision in any such civil action. The independent counsel may be reinstated or granted other appropriate relief by order of the court. (2) Termination of office (A) Termination by action of independent counsel An office of independent counsel shall terminate when— (i) the independent counsel notifies the Attorney General that the investigation of all matters within the prosecutorial jurisdiction of such independent counsel or accepted by such independent counsel under subsection (d)(5), and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Department of Justice to complete such investigations and prosecutions; and (ii) the independent counsel files a final report in compliance with subsection (d)(8)(A)(ii). (B) Termination by division of the court The division of the court, either on its own motion or upon the request of the Attorney General, may terminate an office of independent counsel at any time, on the ground that the investigation of all matters within the prosecutorial jurisdiction of such independent counsel or accepted by such independent counsel under subsection (d)(5), and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Department of Justice to complete such investigations and prosecutions. At the time of such termination, the independent counsel shall file the final report required by subsection (d)(8)(A)(ii). If the Attorney General has not made a request under this subparagraph, the division of the court shall determine on its own motion whether termination is appropriate under this paragraph no later than 2 years after the appointment of an independent counsel, at the end of the succeeding 2-year period, and thereafter at the end of each succeeding 1-year period. (3) Audits (A) On or before June 30 of each year, an independent counsel shall prepare a statement of expenditures for the 6 months that ended on the immediately preceding March 31. On or before December 31 of each year, an independent counsel shall prepare a statement of expenditures for the fiscal year that ended on the immediately preceding September 30. An independent counsel whose office is terminated prior to the end of the fiscal year shall prepare a statement of expenditures on or before the date that is 90 days after the date on which the office is terminated. (B) The Comptroller General of the United States shall— (i) conduct a financial review of a mid-year statement and a financial audit of a year-end statement and statement on termination; and (ii) report the results to the Committee on the Judiciary, Committee on Homeland Security and Governmental Affairs, and Committee on Appropriations of the Senate and the Committee on the Judiciary, Committee on Oversight and Reform, and Committee on Appropriations of the House of Representatives not later than 90 days following the submission of each such statement. (g) Relationship with Department of Justice (1) Suspension of other investigations and proceedings Whenever a matter is in the prosecutorial jurisdiction of an independent counsel or has been accepted by an independent counsel under subsection (d)(5), the Department of Justice, the Attorney General, and all other officers and employees of the Department of Justice shall suspend all investigations and proceedings regarding such matter, except to the extent required by subsection (d)(4)(A), and except insofar as such independent counsel agrees in writing that such investigation or proceedings may be continued by the Department of Justice. (2) Presentation as Amicus Curiae permitted Nothing in this section shall prevent the Attorney General or the Solicitor General from making a presentation as amicus curiae to any court as to issues of law raised by any case or proceeding in which an independent counsel participates in an official capacity or any appeal of such a case or proceeding. (h) Severability If any provision of this section or the application thereof to any person or circumstance is held invalid, the remainder of this section and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation. (i) Termination of effect of section This section shall cease to be effective five years after the date of enactment of this Act, except that this section shall continue in effect with respect to then pending matters before an independent counsel that in the judgment of such counsel require such continuation until that independent counsel determines such matters have been completed. 3. Inspector General for the Office of Special Counsel (a) Establishment Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by striking or the Director of the National Reconnaissance Office and inserting the Director of the National Reconnaissance Office; or the Special Counsel ; and (2) in paragraph (2), by striking or the National Reconnaissance Office and inserting the National Reconnaissance Office, or the Office of Special Counsel . (b) Appointment of Inspector General Not later than 120 days after the date of the enactment of this Act, the President shall appoint an individual as the Inspector General of the Office of Special Counsel in accordance with the requirements of section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.). (c) Removal for cause only The Inspector General of the Office of Special Counsel may only be removed by the President for cause. 4. Strengthening the Hatch Act (a) Presentment of Hatch Act violations to MSPB Section 1215 of title 5, United States Code, is amended— (1) by striking (b) In and inserting (b)(1) In ; and (2) by adding at the end the following: (2) Paragraph (1) shall not apply to any determination by the Special Counsel with respect to a violation of subchapter III of chapter 73 (commonly referred to as the Hatch Act ). Any complaint and statement referred to in subsection (a)(1), together with any response of the employee, regarding such a violation shall be presented to the Merit Systems Protection Board in accordance with subsection (a). This paragraph applies notwithstanding any other provision of law governing the employment or compensation of employees or officials in the White House Office. . (b) Disclosure of Hatch Act investigations for certain political employees Section 1216 of title 5, United States Code, is amended by adding at the end the following: (d) With respect to any investigation of an allegation of prohibited activity under subsection (a)(1) against a political employee, the Special Counsel shall publish, on the Office of Special Counsel’s website, the Special Counsel’s final determination under such investigation with respect to whether a violation occurred. In this subsection, the term political employee means any individual occupying any of the following positions in the executive branch of Government (including an individual carrying out the duties of a position described in paragraph (1) in an acting capacity): (1) Any position required to be filled by an appointment by the President by and with the advice and consent of the Senate. (2) Any position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations. (3) Any position in or under the Executive Office of the President. . (c) Clarification on candidates visiting Federal property (1) In general Section 7323 of title 5, United States Code, is amended by adding at the end the following: (d) Nothing in this section or section 7324 shall be construed to prohibit an employee from allowing a Member of Congress or any other elected official from visiting Federal facilities for an official purpose, including receiving briefings, tours, or other official information. . (2) Technical and conforming amendments Such section 7323 is further amended— (A) in subsection (a)(1), by striking his and inserting the employee’s ; and (B) in subsection (c)— (i) by striking he and inserting the employee ; and (ii) by striking his and inserting the employee’s . (d) Elimination of exception for political appointees Section 7324 of title 5, United States Code, is amended— (1) by striking (a) An employee and inserting An employee ; and (2) by striking subsection (b). (e) Applying Hatch Act to President and Vice President while on Federal property (1) In general Subchapter III of chapter 73 of title 5, United States Code, is amended by redesignating section 7326 as section 7327 and by inserting after section 7325 the following: 7326. Limitations on political activity of President and Vice President while on Federal property Notwithstanding section 7322(1), the prohibitions on political activity under section 7323(a) and section 7324 shall apply to the President and Vice President while the President and Vice President are on Federal property. In this section, the term Federal property includes any vehicle, building, or land owned or leased by the Federal Government, including the White House and White House grounds (including the Executive Residence and the Rose Garden). . (2) Clerical amendment The table of sections of such subchapter is amended by striking the item relating to section 7326 and inserting the following: 7326. Limitations on political activity of President and Vice President while on Federal property. 7327. Penalties. . (f) Criminal penalty (1) In general Subchapter III of chapter 73 of title 5, United States Code, as amended by subsection (e)(1), is further amended by adding after section 7327 the following: 7328. Criminal penalty for Hatch Act violations (a) In general Any person who knowingly violates section 7323 or 7324 shall be fined $5,000 (notwithstanding section 3571(e) of title 18), or imprisoned for not more than 5 years, or both. Notwithstanding section 3571(e) of title 18, for each violation after the first, the fine applicable under this section shall be double the amount of the fine assessed for the previous violation. (b) Attorney fees A court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which an employee has established, by a preponderance of the evidence, that a superior ordered or otherwise coerced the employee into taking any act that resulted in a violation of such section 7323 or 7324. . (2) Clerical amendment The table of sections of such subchapter, as amended by subsection (e)(2), is further amended by inserting after the item relating to section 7327 the following: 7328. Criminal penalty for Hatch Act violations. . (3) Training After an individual’s first violation of section 7323 or 7324 of title 5, United States Code, such individual shall be provided training by the employing agency on how to avoid subsequent violations of either such section. 5. GAO review of reimbursable political events Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on reimbursable political events held at the White House or on the White House grounds during the period beginning on January 1, 1997, and ending on the date of enactment of this Act. Such report shall include the following: (1) Whether, during such period, the requirements in annual appropriations Acts with respect to reimbursable political events have been followed, including the requirements under the heading Executive Residence At the White House—Reimbursable Expenses in division D of Public Law 116–6 . (2) An assessment of what constitutes a political event during such period. (3) Whether an event that was not classified as a political event during such period should have been classified as such an event. (4) A review of any payment made by a political entity under the terms of such requirements. (5) Recommendations for Congress on— (A) a definition for the term political event ; and (B) how to assess whether administrations are following such requirements and how to hold administrations accountable if such requirements are not followed. | https://www.govinfo.gov/content/pkg/BILLS-117s3582is/xml/BILLS-117s3582is.xml |
117-s-3583 | II 117th CONGRESS 2d Session S. 3583 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Bennet (for himself and Mr. Schumer ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Public Works and Economic Development Act of 1965 to provide grants for outdoor recreation projects to spur economic development, with a focus on rural communities, and to provide training for rural communities on funding opportunities for outdoor recreation, and for other purposes.
1. Short title This Act may be cited as the Rural Outdoor Investment Act . 2. Outdoor recreation grants Title II of the Public Works and Economic Development Act of 1965 is amended by inserting after section 207 ( 42 U.S.C. 3147 ) the following: 208. Outdoor recreation grants (a) Definition of outdoor recreation In this section, the term outdoor recreation means all recreational activities undertaken for pleasure that— (1) generally involve some level of intentional physical exertion; and (2) occur in nature-based environments outdoors. (b) Establishment The Secretary shall make grants to eligible recipients for outdoor recreation projects to spur economic development, with a focus on rural communities. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary for each of fiscal years 2022 through 2026— (1) $30,000,000 for grants under section 201 for outdoor recreation projects to spur economic development, with a focus on rural communities; (2) $5,000,000 for grants under section 203 for outdoor recreation projects to spur economic development, with a focus on rural communities; and (3) $2,500,000 for grants under section 207 for outdoor recreation projects to spur economic development, with a focus on rural communities. . 3. Training for rural funding opportunities for outdoor recreation Beginning not later than 180 days after the date of enactment of this Act, the Assistant Secretary of Commerce for Economic Development, in consultation with the Administrator of the Small Business Administration and the Secretary of Agriculture, shall develop a partnership agreement— (1) to provide for the development of— (A) basic training, including in-person or modular training sessions, for small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )) and rural communities relating to existing funding opportunities for outdoor recreation, including funding opportunities for— (i) business development; (ii) community planning; (iii) infrastructure investment; (iv) community capacity building; and (v) marketing and communications; (B) informational materials relating to existing funding opportunities described in subparagraph (A); and (C) opportunities to coordinate among Federal departments and agencies to share the basic training and informational materials developed under subparagraphs (A) and (B) with those departments and agencies and relevant nongovernmental organizations; (2) to provide the basic training and informational materials developed under paragraph (1)— (A) through electronic formats, including internet-based webinars; and (B) at physical locations, including offices of the rural development mission area; and (3) to make the basic training and informational materials developed under paragraph (1) available to rural business development entities that partner with programs of the rural development mission area, including institutions of higher education, nonprofit organizations, business incubators, and business accelerators. 4. Recreation economy for rural communities (a) Definition of program In this section, the term program means the Recreation Economy for Rural Communities planning assistance program sponsored by the Secretary of Agriculture, acting through the Under Secretary for Rural Development, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Partnerships To build on the program, the Secretary of Agriculture, acting through the Under Secretary for Rural Development, in partnership with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall develop partnerships to connect the program to— (1) the Economic Development Administration and the Small Business Administration; and (2) the basic training and informational materials described in section 3. (c) Grants The Secretary of Agriculture, acting through the Under Secretary for Rural Development, in partnership with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall carry out a competitive grant program to assist entities otherwise eligible to receive assistance under the program in carrying out an action plan developed under the program. (d) Consultation (1) In general On request of a regional commission described in paragraph (2), the entities carrying out the program shall consult with the requesting regional commission in carrying out the program. (2) Regional commissions described A regional commission referred to in paragraph (1) is any of the following: (A) The Appalachian Regional Commission established by section 14301(a) of title 40, United States Code. (B) The Delta Regional Authority established under subtitle F of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009aa et seq. ). (C) The Denali Commission established under the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; title III of division C of Public Law 105–277 ). (D) The Northern Border Regional Commission established by section 15301(a)(3) of title 40, United States Code. (E) The Northern Great Plains Regional Authority established under subtitle G of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009bb et seq. ). (F) The Southeast Crescent Regional Commission established by section 15301(a)(1) of title 40, United States Code. (G) The Southwest Border Regional Commission established by section 15301(a)(2) of title 40, United States Code. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out the program $12,500,000 for each of fiscal years 2022 through 2026. (2) Grants Beginning with fiscal year 2023, of the funds made available under paragraph (1) for each fiscal year, not less than 50 percent shall be used to carry out the grant program under subsection (c). | https://www.govinfo.gov/content/pkg/BILLS-117s3583is/xml/BILLS-117s3583is.xml |
117-s-3584 | II 117th CONGRESS 2d Session S. 3584 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to address corrupt practices of the Government of the People’s Republic of China, and for other purposes.
1. Short title This Act may be cited as the Countering Corporate Corruption in China Act of 2022 . 2. Findings Congress finds the following: (1) In section 1 of the National Security Study Memorandum issued on June 3, 2021 (relating to establishing the fight against corruption as a core United States national security interest), President Joseph R. Biden, Jr., established countering corruption as a core United States national security interest. (2) The practices of the Chinese Communist Party, the Government of the People’s Republic of China, and instrumentalities of the Government of the People’s Republic of China pose a unique challenge to the enforcement of section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 ) and sections 104 and 104A of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–2 , 78dd–3) (referred to collectively in this section as the corporate anti-corruption laws ). (3) The Chinese Communist Party, the Government of the People’s Republic of China, and instrumentalities of the Government of the People’s Republic of China routinely frustrate the enforcement of the corporate anti-corruption laws by leveraging access to the markets of the People’s Republic of China to cause companies that are subject to the corporate anti-corruption laws to improperly provide valuable benefits to those entities in the form of principally nonmonetary actions (referred to collectively in this section as corporate actions currying favor with the Chinese Communist Party ), which include— (A) the hiring, promotion, or retention of Chinese Communist Party officials and children of those officials, such as the unlawful practices admitted to by certain entities subject to the corporate anti-corruption laws in what are commonly known as the princelings settlements; (B) political advocacy on behalf of the goals and policies of the Chinese Communist Party in the People’s Republic of China, the United States, and the rest of the world, including by— (i) assisting in the denial, obfuscation, or excusal of— (I) genocide and other atrocities committed by the Chinese Communist Party, the Government of the People’s Republic of China, and instrumentalities of the Government of the People’s Republic of China; (II) the extrajudicial detainment, subjection to forced labor, torture, and political indoctrination of, and other severe human rights abuses with respect to, Uyghurs, Kazakhs, Kyrgyz, and members of other predominantly Muslim ethnic groups by the Government of the People’s Republic of China in the Xinjiang Uyghur Autonomous Region of China (or comparable treatment of members of other ethnic, religious, and political groups who reside elsewhere in the People’s Republic of China); (III) censorship or other activities with respect to Hong Kong that— (aa) prohibit, limit, or penalize the exercise of freedom of expression or assembly by the citizens of Hong Kong; or (bb) limit access to free and independent print, online, or broadcast media; and (IV) the extrajudicial rendition, arbitrary detention, or torture of any individual in Hong Kong or other gross violations of internationally recognized human rights in Hong Kong; and (ii) supporting, legitimizing, or recognizing the unlawful territorial claims of the Government of the People’s Republic of China in Taiwan, Tibet, Korea, the South China Sea, the East China Sea, and other locations in which such claims are contested; and (C) investments without reasonable business purposes in industries targeted for support by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China, including by entering into a joint venture with such an instrumentality or an entity affiliated with such an instrumentality. (4) Corporate actions currying favor with the Chinese Communist Party are valuable to officials of the Chinese Communist Party, the Government of the People’s Republic of China, and instrumentalities of the Government of the People’s Republic of China, and constitute payments of value for the purposes of subsection (a) of each of the corporate anti-corruption laws, because those actions are— (A) directly or indirectly financially valuable to those officials due to— (i) the extent of corruption in the People’s Republic of China; (ii) the reliance of the economy of the People’s Republic of China on state-owned enterprises; and (iii) the integration of the party-state with business enterprises in the People’s Republic of China; and (B) valuable to the interests of the Chinese Communist Party, and officials of that Party, in a manner that is distinct from any independent economic or public interest rationale for those actions. (5) Corporate actions currying favor with the Chinese Communist Party are taken corruptly for the purposes of each of the corporate anti-corruption laws because those actions— (A) have no reasonable business purpose unrelated to obtaining or retaining business within the People’s Republic of China and instead relate to— (i) accessing markets within the jurisdiction of the People’s Republic of China; or (ii) avoiding injury threatened by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China; and (B) are morally wrongful to the extent that those actions contribute to denying, obfuscating, or excusing— (i) genocide and other atrocities; and (ii) the extrajudicial detainment, subjection to forced labor, torture, and political indoctrination of, and other severe human rights abuses with respect to, individuals by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China. (6) Despite the public and prominent undertaking of corporate actions currying favor with the Chinese Communist Party by individuals and entities that are subject to the corporate anti-corruption laws, the Federal Government has undertaken little enforcement with respect to those corporate actions due to an apparent difficulty in demonstrating that the actions are corrupt, or of value to a foreign official, because of the principally nonmonetary nature of those actions. (7) In addition to undermining the public interest in the enforcement of the corporate anti-corruption laws in the manner described in paragraphs (2) through (6), corporate actions currying favor with the Chinese Communist Party undermine the public interest in the enforcement of the laws of the United States, including— (A) sections 4 and 5 of the Act entitled An Act to ensure that goods made with forced labor in the Xinjiang Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes , approved December 23, 2021 ( Public Law 117–78 ; 135 Stat. 1525) (referred to in this section as the Uyghur Forced Labor Prevention Act ), by— (i) reducing the awareness of entities subject to, or potentially subject to, that Act regarding the application of that Act to activities in the Xinjiang Autonomous Region of the People’s Republic of China or elsewhere in the People’s Republic of China; (ii) aiding and abetting violations of that Act; and (iii) reducing the information available to law enforcement officials in the United States regarding the activities described in clause (i); and (B) United States sanctions laws with respect to persons and entities in the People’s Republic of China (collectively referred to in this section as the sanctions laws of the United States )— (i) including— (I) section 1237 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 ; 50 U.S.C. 1701 note); (II) sections 4 and 5 of the Uyghur Forced Labor Prevention Act; (III) the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note); (IV) Executive Order 13818 ( 50 U.S.C. 1701 note; relating to blocking the property of persons involved in serious human rights abuse or corruption), as amended on or after the date of enactment of this Act; (V) Executive Order 13959 ( 50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of enactment of this Act and as superseded in part before, on, or after the date of enactment of this Act; and (VI) Executive Order 14032 ( 50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), as amended before, on, or after the date of enactment of this Act; and (ii) by facilitating investment in, or transactions with, entities in which investment is, or with which transactions are, prohibited under the sanctions laws of the United States by— (I) providing principally nonmonetary benefits of value to those entities, which, in turn, become financially valuable to those entities in a manner that is directly traceable to those benefits, such as with respect to raising capital from international capital markets; (II) investing in, or transacting with, entities not subject to the sanctions laws of the United States under circumstances that suggest that those entities will, in turn, invest in or transact with other entities that are subject to the sanctions laws of the United States; and (III) reducing the information available to law enforcement officials in the United States for the purpose of enforcing the sanctions laws of the United States. (8) The requirements of this Act, and the amendments made by this Act, are justified by— (A) the public interest in mitigating the threats to the enforcement of the corporate anti-corruption laws, and the sanctions laws of the United States, that are posed by the Chinese Communist Party, the Government of the People’s Republic of China, and instrumentalities of the Government of the People’s Republic of China; (B) the foreign policy interests achieved by this Act and the amendments made by this Act; and (C) the fact that those requirements— (i) are confined to the specific conduct of entities and persons subject to the corporate anti-corruption laws based on observable patterns of behavior demonstrated by those entities and persons; and (ii) do not subject any entity or person described in clause (i) to any criminal penalty. 3. Amendments regarding prohibited foreign trade practices (a) Issuers (1) In general Section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 ) is amended— (A) in subsection (f), by adding at the end the following: (4) The term covered investment — (A) means any direct or indirect contribution or commitment of assets, including any— (i) acquisition of an equity interest or convertible equity interest; or (ii) loan or other debt interest; and (B) does not include a transaction in goods or services, or any related party transaction, with a wholly owned subsidiary of an entity— (i) that is incorporated in a jurisdiction of the United States; or (ii) the principal place of business of which is in the United States. ; and (B) by adding at the end the following: (h) Application For the purposes of this section— (1) an action that is taken corruptly includes an action that serves to— (A) deny, obfuscate, or excuse that a third party has committed, or assist a third party in committing— (i) the extrajudicial detainment, subjection to forced labor, torture, and political indoctrination of, and other severe human rights abuses with respect to, Uyghurs, Kazakhs, Kyrgyz, and members of other predominantly Muslim ethnic groups by the Government of the People’s Republic of China in the Xinjiang Uyghur Autonomous Region of China (or comparable treatment of members of other ethnic, religious, and political groups who reside elsewhere in the People’s Republic of China); (ii) censorship, or another activity, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China with respect to Hong Kong that— (I) prohibits, limits, or penalizes the exercise of freedom of expression or assembly by citizens of Hong Kong; or (II) limits access to free and independent print, online, or broadcast media; or (iii) the extrajudicial rendition, arbitrary detention, or torture of any individual in Hong Kong or other gross violations of internationally recognized human rights in Hong Kong; (B) support, legitimize, or recognize the territorial claims of the Government of the People’s Republic of China in Taiwan, Tibet, Korea, the South China Sea, the East China Sea, or another location in which such a claim is contested; (C) express political advocacy in favor of the Chinese Communist Party, the system of governance of that Party, or any official of that Party; or (D) make a covered investment— (i) in partnership with the Belt and Road Initiative of the Government of the People’s Republic of China; or (ii) in any entity (including a parent, subsidiary, or affiliate of, or another entity controlled by an entity) that is— (I) (aa) affiliated with the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China; and (bb) involved in the development, production, or sale of emerging or foundational technology identified pursuant to section 1758 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4817 ); or (II) on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; and (2) an action described in paragraph (1) is made with respect to a foreign official, or any foreign political party or official thereof, if, among other reasons, the action is taken in response to— (A) a request of any foreign official, or any foreign political party or official thereof, as applicable; (B) an injury or threat of injury, by means of economic coercion, to the applicable issuer, or to an officer, director, employee, or agent of the applicable issuer, made by any foreign official or any foreign political party or official thereof; or (C) a material action or announcement, including with respect to policy, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China from which the action would rationally follow. (i) Special rules Notwithstanding any other provision of this section, with respect to a violation of subsection (a) or (g) that is based on an action taken corruptly as described in any of subparagraphs (A) through (D) of subsection (h)(1)— (1) the affirmative defenses under subsection (c) shall not be available; (2) it shall be an affirmative defense to actions under subsection (a) or (g) that the payment, gift, offer, or promise of anything of value that was made, as of the date on which it was made, had a reasonable business purpose, which does not include a purpose relating to— (A) advertising, marketing, or public relations; or (B) entering into or obtaining any agreement, license, permit, or other arrangement with respect to market access to a jurisdiction of a government; (3) notwithstanding section 32— (A) only a penalty described in subsection (c)(1)(B) or (c)(2)(B) of that section may apply with respect to the violation; and (B) the minimum amount of the civil penalty assessed for the violation shall be 3 times the amount of the penalty described in subsection (c)(1)(B) or (c)(2)(B) of that section, as applicable; and (4) in an action brought with respect to the violation, evidence that the action taken by the applicable issuer (or the officer, director, employee, or agent of the issuer, or stockholder acting on behalf of such issuer) was directly or indirectly inconsistent with the policies of the issuer, including any representation to the Federal Government by the issuer, shall be admissible to prove that the action taken by the issuer (or officer, director, employee, agent, or stockholder) was taken corruptly for the purposes of subsection (a) or (g), as applicable. . (2) Rule of construction Nothing in subsection (h) of section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 ), as added by paragraph (1) of this subsection, may be construed to expand the meaning of the term corruptly , to any foreign official , or to any foreign political party or official thereof for the purposes of such section 30A, except for the clarification that the term includes an action that is taken as described in paragraph (1) or (2) of such subsection (h), as applicable. (b) Domestic concerns (1) In general Section 104 of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–2 ) is amended— (A) in subsection (h), by adding at the end the following: (6) The term covered investment — (A) means any direct or indirect contribution or commitment of assets, including any— (i) acquisition of an equity interest or convertible equity interest; or (ii) loan or other debt interest; and (B) does not include a transaction in goods or services, or any related party transaction, with a wholly owned subsidiary of an entity— (i) that is incorporated in a jurisdiction of the United States; or (ii) the principal place of business of which is in the United States. ; and (B) by adding at the end the following: (j) Application For the purposes of this section— (1) an action that is taken corruptly includes an action that serves to— (A) deny, obfuscate, or excuse that a third party has committed, or assist a third party in committing— (i) the extrajudicial detainment, subjection to forced labor, torture, and political indoctrination of, and other severe human rights abuses with respect to, Uyghurs, Kazakhs, Kyrgyz, and members of other predominantly Muslim ethnic groups by the Government of the People’s Republic of China in the Xinjiang Uyghur Autonomous Region of China (or comparable treatment of members of other ethnic, religious, and political groups who reside elsewhere in the People’s Republic of China); (ii) censorship, or another activity, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China with respect to Hong Kong that— (I) prohibits, limits, or penalizes the exercise of freedom of expression or assembly by citizens of Hong Kong; or (II) limits access to free and independent print, online, or broadcast media; or (iii) the extrajudicial rendition, arbitrary detention, or torture of any individual in Hong Kong or other gross violations of internationally recognized human rights in Hong Kong; (B) support, legitimize, or recognize the territorial claims of the Government of the People’s Republic of China in Taiwan, Tibet, Korea, the South China Sea, the East China Sea, or another location in which such a claim is contested; (C) express political advocacy in favor of the Chinese Communist Party, the system of governance of that Party, or any official of that Party; or (D) make a covered investment— (i) in partnership with the Belt and Road Initiative of the Government of the People’s Republic of China; or (ii) in any entity (including a parent, subsidiary, or affiliate of, or another entity controlled by an entity) that is— (I) (aa) affiliated with the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China; and (bb) involved in the development, production, or sale of emerging or foundational technology identified pursuant to section 1758 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4817 ); or (II) on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; and (2) an action described in paragraph (1) is made with respect to a foreign official, or any foreign political party or official thereof, if, among other reasons, the action is taken in response to— (A) a request of any foreign official, or any foreign political party or official thereof, as applicable; (B) an injury or threat of injury, by means of economic coercion, to the applicable domestic concern, or to an officer, director, employee, or agent of the applicable domestic concern, made by any foreign official or any foreign political party or official thereof; or (C) a material action or announcement, including with respect to policy, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China from which the action would rationally follow. (k) Special rules Notwithstanding any other provision of this section, with respect to a violation of subsection (a) or (i) that is based on an action taken corruptly as described in any of subparagraphs (A) through (D) of subsection (j)(1)— (1) the affirmative defenses under subsection (c) shall not be available; (2) it shall be an affirmative defense to actions under subsection (a) or (i) that the payment, gift, offer, or promise of anything of value that was made, as of the date on which it was made, had a reasonable business purpose, which does not include a purpose relating to— (A) advertising, marketing, or public relations; or (B) entering into or obtaining any agreement, license, permit, or other arrangement with respect to market access to a jurisdiction of a government; (3) notwithstanding any provision of subsection (g)— (A) only a penalty described in paragraph (1)(B) or (2)(B) of that subsection may apply with respect to the violation; and (B) the minimum amount of the civil penalty assessed for the violation shall be 3 times the amount of the penalty described in paragraph (1)(B) or (2)(B) of that subsection, as applicable; and (4) in an action brought with respect to the violation, evidence that the action taken by the applicable domestic concern (or the officer, director, employee, or agent of the domestic concern, or stockholder acting on behalf of such domestic concern) was directly or indirectly inconsistent with the policies of the domestic concern, including any representation to the Federal Government by the domestic concern, shall be admissible to prove that the action taken by the domestic concern (or officer, director, employee, agent, or stockholder) was taken corruptly for the purposes of subsection (a) or (i), as applicable. . (2) Rule of construction Nothing in subsection (j) of section 104 of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–2 ), as added by paragraph (1) of this subsection, may be construed to expand the meaning of the term corruptly , to any foreign official , or to any foreign political party or official thereof for the purposes of such section 104, except for the clarification that the term includes an action that is taken as described in paragraph (1) or (2) of such subsection (j), as applicable. (c) Persons other than issuers or domestic concerns (1) In general Section 104A of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–3 ) is amended— (A) in subsection (f), by adding at the end the following: (6) The term covered investment — (A) means any direct or indirect contribution or commitment of assets, including any— (i) acquisition of an equity interest or convertible equity interest; or (ii) loan or other debt interest; and (B) does not include a transaction in goods or services, or any related party transaction, with a wholly owned subsidiary of an entity— (i) that is incorporated in a jurisdiction of the United States; or (ii) the principal place of business of which is in the United States. ; and (B) by adding at the end the following: (g) Application For the purposes of this section— (1) an action that is taken corruptly includes an action that serves to— (A) deny, obfuscate, or excuse that a third party has committed, or assist a third party in committing— (i) the extrajudicial detainment, subjection to forced labor, torture, and political indoctrination of, and other severe human rights abuses with respect to, Uyghurs, Kazakhs, Kyrgyz, and members of other predominantly Muslim ethnic groups by the Government of the People’s Republic of China in the Xinjiang Uyghur Autonomous Region of China (or comparable treatment of members of other ethnic, religious, and political groups who reside elsewhere in the People’s Republic of China); (ii) censorship, or another activity, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China with respect to Hong Kong that— (I) prohibits, limits, or penalizes the exercise of freedom of expression or assembly by citizens of Hong Kong; or (II) limits access to free and independent print, online, or broadcast media; or (iii) the extrajudicial rendition, arbitrary detention, or torture of any individual in Hong Kong or other gross violations of internationally recognized human rights in Hong Kong; (B) support, legitimize, or recognize the territorial claims of the Government of the People’s Republic of China in Taiwan, Tibet, Korea, the South China Sea, the East China Sea, or another location in which such a claim is contested; (C) express political advocacy in favor of the Chinese Communist Party, the system of governance of that Party, or any official of that Party; or (D) make a covered investment— (i) in partnership with the Belt and Road Initiative of the Government of the People’s Republic of China; or (ii) in any entity (including a parent, subsidiary, or affiliate of, or another entity controlled by an entity) that is— (I) (aa) affiliated with the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China; and (bb) involved in the development, production, or sale of emerging or foundational technology identified pursuant to section 1758 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4817 ); or (II) on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; and (2) an action described in paragraph (1) is made with respect to a foreign official, or any foreign political party or official thereof, if, among other reasons, the action is taken in response to— (A) a request of any foreign official, or any foreign political party or official thereof, as applicable; (B) an injury or threat of injury, by means of economic coercion, to the applicable person, or to an officer, director, employee, or agent of the applicable person, made by any foreign official or any foreign political party or official thereof; or (C) a material action or announcement, including with respect to policy, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China from which the action would rationally follow. (h) Special rules Notwithstanding any other provision of this section, with respect to a violation of subsection (a) that is based on an action taken corruptly as described in any of subparagraphs (A) through (D) of subsection (g)(1)— (1) the affirmative defenses under subsection (c) shall not be available; (2) it shall be an affirmative defense to actions under subsection (a) that the payment, gift, offer, or promise of anything of value that was made, as of the date on which it was made, had a reasonable business purpose, which does not include a purpose relating to— (A) advertising, marketing, or public relations; or (B) entering into or obtaining any agreement, license, permit, or other arrangement with respect to market access to a jurisdiction of a government; (3) notwithstanding any provision of subsection (e)— (A) only a penalty described in paragraph (1)(B) or (2)(B) of that subsection may apply with respect to the violation; and (B) the minimum amount of the civil penalty assessed for the violation shall be 3 times the amount of the penalty described in paragraph (1)(B) or (2)(B) of that subsection, as applicable; and (4) in an action brought with respect to the violation, evidence that the action taken by the applicable person was directly or indirectly inconsistent with the policies of the person, including any representation to the Federal Government by the person, shall be admissible to prove that the action taken by the person was taken corruptly for the purposes of subsection (a). . (2) Rule of construction Nothing in subsection (g) of section 104A of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–3 ), as added by paragraph (1) of this subsection, may be construed to expand the meaning of the term corruptly , to any foreign official , or to any foreign political party or official thereof for the purposes of such section 104A, except for the clarification that the term includes an action that is taken as described in paragraph (1) or (2) of such subsection (g), as applicable. | https://www.govinfo.gov/content/pkg/BILLS-117s3584is/xml/BILLS-117s3584is.xml |
117-s-3585 | II 117th CONGRESS 2d Session S. 3585 IN THE SENATE OF THE UNITED STATES February 3, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To enable an employer or employees to establish an employee involvement organization to represent the interests of employees, and for other purposes.
1. Short title This Act may be cited as the Teamwork for Employees and Managers Act of 2022 . 2. Employer exception (a) In general Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ) is amended by adding at the end the following: (h) It shall not constitute or be evidence of an unfair labor practice under subsection (a) for an employer to establish, assist, maintain, or participate in an employee involvement organization, as defined in section 3 of the Teamwork for Employees and Managers Act of 2022 : Provided , That this subsection shall not apply in a case in which a labor organization is the representative of the employees of the employer in accordance with section 9(a). . (b) Exception from labor organization definition Section 2(5) of the National Labor Relations Act ( 29 U.S.C. 152(5) ) is amended by inserting , except that the term shall not include an employee involvement organization as defined in section 3 of the Teamwork for Employees and Managers Act of 2022 before the period at the end. 3. Definitions In this Act: (1) Employee The term employee has the meaning given such term in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ). (2) Employee involvement organization The term employee involvement organization means an organization or entity established by the mutual consent of an employer and any number of employees of the employer— (A) which may be initiated by the employer, the employees, or both; (B) which may be dissolved— (i) except as described in clause (ii), at any time, and without regard to cause, by the employer, the employees, or both; or (ii) in the case of an employee involvement organization for a large employer and employees of the large employer, only in accordance with section 4(b)(2); (C) in which employees and supervisors participate to address matters of mutual interest, including issues of quality of work, productivity, efficiency, compensation, benefits (including related to education and training), recruitment and retention, grievances, child care, safety and health, and accommodation of the religious beliefs and practices of employees; and (D) that does not have, claim, or seek authority to— (i) be the exclusive collective bargaining representative of the employees participating in such organization or entity; (ii) negotiate or enter into a collective bargaining agreement with the employer on behalf of such employees; (iii) amend any collective bargaining agreement between the employer and any labor organization; or (iv) preclude such employees from designating or selecting a labor organization as the representative of such employees, as provided in section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ). (3) Employer The term employer has the meaning given such term in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ). (4) Large employer The term large employer means an employer that— (A) had more than $1,000,000,000 in annual gross revenues for the most recently completed fiscal year prior to the date of certification under section 4(b)(1); and (B) employs more than 3,000 employees on such date. (5) Workforce committee The term workforce committee means a committee of the board of directors of an employer that— (A) oversees the policies of the employer on quality of work, productivity, efficiency, compensation, benefits (including related to education and training), recruitment and retention, grievances, child care, safety and health, and accommodation of the religious beliefs and practices of employees; (B) has a substantially equivalent source of authority with respect to authorizing provisions in the article of incorporation or bylaws of the employer as the compensation committee of the board of directors or an equivalent committee of the board of directors; and (C) may be the compensation committee of the board of directors or an equivalent committee of the board of directors, if such committee meets the requirements of this paragraph. 4. Requirements for employee involvement organizations at large employers (a) In general This section shall apply to each employee involvement organization for a large employer and employees of the large employer. (b) Establishment of an employee involvement organization for large employers (1) Certification A large employer shall certify each employee involvement organization for the large employer on the date of formation of such employee involvement organization. (2) Procedures (A) In general An employee involvement organization established under paragraph (1) shall have reasonable procedures regarding— (i) how an employee may join or leave such employee involvement organization; and (ii) dissolution of the employee involvement organization. (B) Dissolution for cause (i) In general In the case of an employee involvement organization that has been certified under paragraph (1) for not less than 5 consecutive years, a large employer may only dissolve such employee involvement organization with cause. (ii) Cause For purposes of clause (i), the term cause means a reasonable business purpose for dissolution, as determined by— (I) the independent business judgment of the board of directors of the business of the large employer; or (II) if the business of a large employer does not have a board of directors, the substantial equivalent of the board of directors. (3) Cooling-off period Unless otherwise specified in the certification under paragraph (1), an employee involvement organization may not be established at a large employer prior to 2 years after— (A) in the case of a large employer for which a valid election was held under section 9(c)(1) of the National Labor Relations Act ( 29 U.S.C. 159(c)(1) ) in which a majority of the employees voting in such election voted against representation, the date of such election; or (B) in the case of a large employer for which a valid election was held under section 9(e) of such Act and a majority of the employees voting in such election voted in favor of rescission of the authority of a labor organization to make an agreement described in section 8(a)(3) of such Act ( 29 U.S.C. 158(a)(3) ), the date of such election. (c) Employee representative of an employee involvement organization (1) In general Employees participating in an employee involvement organization established under subsection (b)(1) may, subject to the requirements in paragraph (2), elect through reasonable means an employee representative of the employee involvement organization. (2) Election process (A) Requirements An election of an employee representative of an employee involvement organization for the large employer— (i) shall be through a secret ballot of the employees participating in the employee involvement organization who are employed by the large employer on the date of such election and who are United States citizens or reside primarily in the United States; and (ii) may not be funded through funding sources external to the employee involvement organization, including any labor organization, nonprofit, or business other than the employer. (B) Default rules regarding election process Unless otherwise specified in the certification under subsection (b)(1) by the large employer of such employee involvement organization, an election of an employee representative of an employee involvement organization for the large employer— (i) may be funded through employer-provided funding; and (ii) shall occur within the same time period and with the same regularity as the election of the board of directors of the large employer. (3) Eligibility requirements (A) In general Each individual elected to be a representative of an employee involvement organization for a large employer shall be an employee who— (i) is eligible to vote under paragraph (2)(A)(i); and (ii) except in a case in which the large employer has operated for less than the 5 calendar years immediately preceding the date of the election, has been employed by the large employer for not less than the 5 calendar years immediately preceding the date of the election. (B) Ineligibility; term limits An employee representative of an employee involvement organization elected under this subsection shall not— (i) be employed by the employer at the time of such election as a supervisor; or (ii) at any time during the 5 calendar years immediately preceding the date of such election, be employed by the employer in a position related to human resources. (4) Representation by employee representative on board of directors of large employer (A) Board representation Subject to the limitation under subparagraph (B) and, as relevant, the procedure under subparagraph (C), an employee representative of an employee involvement organization elected under this subsection shall— (i) be a nonvoting member of either or both of— (I) the board of directors of the employer; or (II) a workforce committee of the board of directors of the employer; (ii) be permitted to attend any regular meeting of such board or committee, as applicable; and (iii) receive equal access to information relevant to the purposes of the employee involvement organization as any other member of the board or committee, as applicable. (B) Limitations Unless otherwise specified in the certification under subsection (b)(1) by the large employer of such employee involvement organization, an employer may exclude an employee representative from attending any meeting of any committee of the board of directors of the business of such employer (or the substantial equivalent of any such committee) called for purposes unrelated to the purposes of such employee involvement organization. (C) Special procedure for an employer with more than 1 employee involvement organization In a case in which 2 or more employee representatives in total are elected for a large employer under paragraph (1), the employer and each employee involvement organization that elects such an employee representative shall, by reasonable procedures which provide for the input of each such employee involvement organization, ensure that only 1 employee representative for the employer at any time exercises the powers described in subparagraph (A). 5. Safe harbor for violation of rules due to the fault of an employee Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ), as amended by section 2, is further amended by adding at the end the following: (i) It shall not constitute or be evidence of an unfair labor practice under subsection (a) for an employer to establish, assist, maintain, or participate in an organization which purports to be an employee involvement organization, as defined in section 3 of the Teamwork for Employees and Managers Act of 2022 , but which fails to comply with the requirements of such Act due to the fault of an employee: Provided , That this subsection shall not apply in a case in which a labor organization is the representative of the employees of the employer in accordance with section 9(a). . 6. Limitations (a) Labor organization rights This Act shall not prevent or affect the rights provided to labor organizations under section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ). (b) Employee rights This Act shall not affect the rights and responsibilities of employees under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ), except with respect to the amendments made to section 2(5) and section 8 of the National Labor Relations Act ( 29 U.S.C. 152(5) ; 29 U.S.C. 158 ) by sections 2 and 5 of this Act. 7. Enforcement by the National Labor Relations Board Section 6 of the National Labor Relations Act ( 29 U.S.C. 156 ) is amended— (1) by striking The Board and inserting (a) The Board ; and (2) by adding at the end the following: (b) The Board shall not have any authority for enforcement, or adjudication, under this Act or the Teamwork for Employees and Managers Act of 2022 with respect to an employee involvement organization, as defined in section 3 of such Act. . | https://www.govinfo.gov/content/pkg/BILLS-117s3585is/xml/BILLS-117s3585is.xml |
117-s-3586 | II 117th CONGRESS 2d Session S. 3586 IN THE SENATE OF THE UNITED STATES February 3, 2022 Ms. Klobuchar (for herself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 46 of the United States Code with respect to anti-competitive acts by ocean common carriers or marine terminal operators, and for other purposes.
1. Short title This Act may be cited as the Ocean Shipping Competition Reform Act of 2022 . 2. Purposes Section 40101 of title 46, United States Code, is amended by striking paragraphs (2) through (4) and inserting the following: (2) ensure an efficient and competitive transportation system for the common carriage of goods by water in the foreign commerce of the United States that is, as far as possible, in harmony with fair and equitable international shipping practices; and (3) support the growth and development of United States exports through a competitive and efficient system for the common carriage of goods by water in the foreign commerce of the United States and by placing a greater reliance on the marketplace. . 3. Remedies (a) Injunctive relief Section 41307 of title 46, United States Code, is amended— (1) in the section heading, by inserting or the Antitrust Division of the Department of Justice after the Commission ; and (2) in subsection (b)— (A) in paragraph (1)— (i) in the paragraph heading, by inserting or the Antitrust Division after commission ; (ii) by striking title, the Commission and inserting title, the Commission or the Antitrust Division of the Department of Justice ; (iii) by striking services, the Commission and inserting services, the Commission or Antitrust Division ; and (iv) by striking The Commission's sole remedy and inserting The sole remedy of the Commission or Antitrust Division ; (B) in paragraph (2)— (i) in subparagraph (A), by striking and after the semicolon; (ii) in subparagraph (B), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (C) punitive damages in an amount equal to 3 times the damages sustained, and the cost of bringing the suit, including a reasonable attorney’s fee; and (D) upon a motion by the Commission or the Antitrust Division (as the case may be), or an intervening party, that is promptly made, simple interest on actual damages for the period beginning on the date of service of the pleading by the Commission or the Antitrust Division (as the case may be) that sets forth a claim under this subsection and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. ; (C) in paragraph (3)— (i) in the paragraph heading, by striking and third parties ; (ii) in the first sentence, by striking the Commission and inserting the Commission or Antitrust Division of the Department of Justice ; and (iii) by striking the second sentence; (D) in paragraph (4), by striking the Commission and inserting the Commission or Antitrust Division of the Department of Justice ; and (E) by adding at the end the following: (5) Third party intervention The court may allow a third party to intervene in a civil action brought under this subsection. . (b) Relief under Clayton Act Section 40307(d) of title 46, United States Code, is amended by striking not . (c) Amendments to table of sections The table of sections for chapter 413 of title 46, United States Code, is amended by striking the item relating to section 41307 and inserting the following: 41307. Injunctive relief sought by the Commission or the Antitrust Division of the Department of Justice. . | https://www.govinfo.gov/content/pkg/BILLS-117s3586is/xml/BILLS-117s3586is.xml |
117-s-3587 | II 117th CONGRESS 2d Session S. 3587 IN THE SENATE OF THE UNITED STATES February 7 (legislative day, February 3), 2022 Mr. Thune (for himself, Ms. Smith , Mr. Wicker , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To modify conditions of funding for the distance learning, telemedicine, and broadband program of the Rural Utilities Service, and for other purposes.
1. Short title This Act may be cited as the Connect Unserved Americans Act of 2022 . 2. Distance learning, telemedicine, and broadband program The Infrastructure Investment and Jobs Act ( Public Law 117–58 ) is amended in the third proviso under the heading distance learning, telemedicine, and broadband program under the heading Rural Utilities Service under the heading rural development programs under the heading Department of Agriculture in title I of division J by striking 50 percent and inserting 80 percent . 3. Coordination with Treasury Department on distribution of broadband deployment funds (a) In general Section 904(b) of division FF of the Consolidated Appropriations Act, 2021 ( 47 U.S.C. 1308(b) ) is amended— (1) in paragraph (1)(A)— (A) in clause (ii), by striking and at the end; and (B) by adding at the end the following: (iv) the Department of the Treasury; and ; and (2) in paragraph (2)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) the programs administered by the Department of the Treasury. . (b) Deadline Not later than 30 days after the date of enactment of this Act, the covered agencies (as defined in section 904(b) of division FF of the Consolidated Appropriations Act, 2021 ( 47 U.S.C. 1308(b) ), as amended by subsection (a) of this section) shall implement the amendments made by subsection (a) of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3587is/xml/BILLS-117s3587is.xml |
117-s-3588 | II 117th CONGRESS 2d Session S. 3588 IN THE SENATE OF THE UNITED STATES February 7 (legislative day, February 3), 2022 Mr. Romney (for himself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to improve domestic manufacturing surge capacity and capabilities for biodefense and pandemic preparedness.
1. Short title This Act may be cited as the Medical Countermeasures Surge Capacity Act of 2022 . 2. Warm base manufacturing capacity for medical countermeasures (a) In general Section 319L of the Public Health Service Act ( 42 U.S.C. 247d–7e ) is amended— (1) in subsection (a)(6)(B)— (A) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (B) by inserting after clause (iii), the following: (iv) activities to support, maintain, and improve domestic manufacturing surge capacity and capabilities, as appropriate, including through the utilization of advanced manufacturing and platform technologies, to increase the availability of products that are or may become qualified countermeasures or qualified pandemic or epidemic products; ; and (C) in clause (vi) (as so redesignated), by inserting manufacturing, after improvement, ; (2) in subsection (b)— (A) in the first sentence of paragraph (1), by inserting support for domestic manufacturing surge capacity and capabilities, after initiatives for innovation, ; and (B) in paragraph (2)— (i) in subparagraph (B), by striking and at the end; (ii) by redesignating subparagraph (C) as subparagraph (D); and (iii) by inserting after subparagraph (B), the following: (C) activities to support, maintain, and improve domestic manufacturing surge capacity and capabilities, as appropriate, including through the utilization of advanced manufacturing and platform technologies, to increase the availability of products that are or may become qualified countermeasures or qualified pandemic or epidemic products; and ; (3) in subsection (c)— (A) in paragraph (2)(B), by inserting before the semicolon , including through the establishment and maintenance of domestic manufacturing surge capacity and capabilities, consistent with subsection (a)(6)(B)(iv) ; (B) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i)— (aa) in subclause (I), by striking and at the end; and (bb) by adding at the end the following: (III) facilitating such communication, as appropriate, regarding manufacturing surge capacity and capabilities with respect to qualified countermeasures and qualified pandemic or epidemic products to prepare for, or respond to, a public health emergency or potential public health emergency; and (IV) facilitating such communication, as appropriate and in a manner that does not compromise national security, with respect to potential eligibility for the material threat medical countermeasure priority review voucher program under section 565A of the Federal Food, Drug, and Cosmetic Act; ; (II) in clause (ii)(III), by striking and at the end; (III) by redesignating clause (iii) as clause (iv); and (IV) by inserting after clause (ii), the following: (iii) communicate regularly with entities in receipt of an award pursuant to subparagraph (B)(v), and facilitate communication between such entities and other entities in receipt of an award pursuant to subparagraph (B)(iv), as appropriate, for purposes of planning regarding the availability of countermeasures and the maintenance of domestic manufacturing surge capacity and capabilities, including any planned uses of such capacity and capabilities in the near- and mid-term, and identification of any significant challenges related to the long-term maintenance of such capacity and capabilities; and ; (ii) in subparagraph (B)— (I) in clause (iii), by striking and at the end; (II) in clause (iv), by striking the period and inserting ; and ; and (III) by adding at the end the following: (v) award contracts, grants, and cooperative agreements and enter into other transactions to support, maintain, and improve domestic manufacturing surge capacity and capabilities, including through supporting flexible or advanced manufacturing, to ensure that additional capacity is available to rapidly manufacture products that are or may become qualified countermeasures or qualified pandemic or epidemic products in the event of a public health emergency declaration or significant potential for a public health emergency. ; (iii) in subparagraph (C)— (I) in clause (i), by striking and at the end; (II) in clause (ii), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (iii) consult with the Commissioner of Food and Drugs, pursuant to section 565(b)(2) of the Federal Food, Drug, and Cosmetic Act, to ensure that facilities performing manufacturing, pursuant to an award under subparagraph (B)(v), are in compliance with applicable requirements under such Act and this Act, as appropriate, including current good manufacturing practice pursuant to section 501(a)(2)(B) of the Food, Drug, and Cosmetic Act; and ; (iv) in subparagraph (D)(i), by inserting , including to improve manufacturing capacities and capabilities for medical countermeasures before the semicolon; (v) in subparagraph (E)(ix), by striking 2023 and inserting 2028 ; and (vi) by adding at the end the following: (G) Annual reports by award recipients As a condition of receiving an award under subparagraph (B)(v), a recipient shall develop and submit to the Secretary annual reports related to the maintenance of such capacity and capabilities, including ensuring that such capacity and capabilities are able to support the rapid manufacture of countermeasures as required by the Secretary. ; and (C) in paragraph (5), by adding at the end the following: (H) Supporting warm-base and surge capacity and capabilities Pursuant to an award under subparagraph (B)(v), the Secretary may make payments for activities necessary to maintain domestic manufacturing surge capacity and capabilities supported under such award to ensure that such capacity and capabilities are able to support the rapid manufacture of countermeasures as required by the Secretary to prepare for, or respond to, an existing or potential public health emergency or otherwise address threats that pose a significant level of risk to national security. The Secretary may support the utilization of such capacity and capabilities under awards for countermeasure and product advanced research and development, as appropriate, to provide for the maintenance of such capacity and capabilities. ; and (4) in subsection (f)— (A) in paragraph (1), by striking Not later than 180 days after the date of enactment of this subsection and inserting Not later than 180 days after the date of enactment of the Medical Countermeasures Surge Capacity Act of 2022 ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking this subsection and inserting the Medical Countermeasures Surge Capacity Act of 2022 ; (ii) in subparagraph (B), by striking and at the end; and (iii) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) plans for the near-, mid-, and long-term sustainment of manufacturing activities carried out under this section, including such activities pursuant to subsection (c)(5)(H), specific actions to regularly assess the ability of recipients of an award under subsection (c)(4)(B)(v) to rapidly manufacture countermeasures as required by the Secretary, and recommendations to address challenges, if any, related to such activities. . | https://www.govinfo.gov/content/pkg/BILLS-117s3588is/xml/BILLS-117s3588is.xml |
117-s-3589 | II 117th CONGRESS 2d Session S. 3589 IN THE SENATE OF THE UNITED STATES February 7 (legislative day, February 3), 2022 Mr. Rubio (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require a United States security strategy for the Western Hemisphere, and for other purposes.
1. Short title This Act may be cited as the Western Hemisphere Security Strategy Act of 2022 . 2. Sense of Congress It is the sense of Congress that— (1) the security, stability, prosperity, and state of democratic governance in countries of the Western Hemisphere are vital to the national interests of the United States; (2) the harmful and malign influence in Latin America and the Caribbean of the Government of the People’s Republic of China and the Government of the Russian Federation poses risks to— (A) the people and countries of Latin America and the Caribbean; and (B) the national interests of the United States; (3) the United States should expand its engagement in the Western Hemisphere by— (A) strengthening its alliances and partnerships with countries in the Western Hemisphere; (B) fostering security cooperation among countries in the Western Hemisphere to facilitate trade, investment, training, and humanitarian assistance in the near and long term; and (C) working with security and law enforcement agencies in the Western Hemisphere— (i) to address the shared challenges of— (I) narcotics trafficking, human trafficking, and other forms of illicit trafficking; and (II) transnational criminal organizations; and (ii) to support the rule of law, democracy, and human rights in the region; (4) the United States should maintain credible security capabilities dedicated to Latin America and the Caribbean— (A) to build partner country capacity; (B) to support the delivery of humanitarian assistance and disaster relief; (C) to deter acts of aggression; and (D) to respond, if necessary, to regional threats and threats to the national security of the United States; and (5) the Department of State and the Department of Defense should continue to commit additional assets and increase investments in the Western Hemisphere so as to maintain robust United States security partnerships with countries in the Western Hemisphere. 3. Security strategy for the Western Hemisphere (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a multi-year strategy, to be known as the Western Hemisphere Security Strategy , for purposes of enhancing diplomatic engagement and security assistance and cooperation, promoting regional security and stability, and advancing United States strategic interests in the Western Hemisphere. (b) Elements The strategy required by subsection (a) shall include the following: (1) A proposal for increasing United States bilateral and multilateral security assistance and cooperation in Latin America and the Caribbean. (2) Activities to build the defense and security capacity of partner countries in Latin America and the Caribbean. (3) Activities to counter— (A) malign influence by state actors; and (B) transnational criminal organizations with connections to— (i) illicit trafficking, including the illicit trafficking of narcotics and weapons; or (ii) terrorism. (4) Efforts to disrupt, degrade, and counter transnational illicit trafficking, with an emphasis on illicit narcotics and precursor chemicals that produce illicit narcotics. (5) Activities to increase transparency in, and support for, strong and accountable defense, security, and law enforcement institutions through institutional capacity-building efforts, including efforts to ensure respect for internationally recognized human rights and direction and oversight by civilian authorities. (6) Efforts to expand bilateral and multinational military training exercises with partner countries in Latin America and the Caribbean. (7) Humanitarian assistance and disaster relief initiatives to support partner countries by promoting the development and growth of responsive institutions through activities such as— (A) the provision of appropriate equipment, training, logistical support; (B) transportation of humanitarian supplies or personnel of foreign security forces; (C) making available, preparing, and transferring on-hand nonlethal supplies, and providing training on the use of such supplies, for humanitarian or health purposes to respond to unforeseen emergencies; (D) the provision of Department of State humanitarian demining assistance; and (E) conducting medical support operations and medical humanitarian missions, such as hospital ship deployments and base-operating services, to the extent required by the operation. (8) Continued support for the women, peace, and security initiatives of the Department of State to support the capacity of partner countries in the Western Hemisphere— (A) to ensure— (i) the safety and security of women and girls; and (ii) that the rights of women and girls are protected; and (B) to promote the meaningful participation of women in the defense and security sectors. (9) Professional military education initiatives, such as the Department of State’s International Military and Education Training program. (10) A detailed assessment of the resources required to carry out such strategy and a plan to be executed not later than fiscal year 2023. (c) Implementation (1) In general Not later than 90 days after the date on which the Western Hemisphere Security Strategy is submitted under subsection (a), the Secretary of State and the Secretary of Defense shall commence implementation of the strategy. (2) Briefing Not later than 180 days after the date on which the implementation of the Western Hemisphere Security Strategy commences, and every 180 days thereafter, the Secretary of State and the Secretary of Defense shall jointly provide a briefing to the appropriate committees of Congress on the implementation of the strategy. (3) Termination The authority under this section shall terminate on the date that is three years after the date of the enactment of this Act. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3589is/xml/BILLS-117s3589is.xml |
117-s-3590 | II 117th CONGRESS 2d Session S. 3590 IN THE SENATE OF THE UNITED STATES February 7 (legislative day, February 3), 2022 Ms. Hassan (for herself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the income cap with respect to the mortgage insurance premium deduction, and to make such deduction permanent.
1. Short title This Act may be cited as the Middle Class Mortgage Insurance Premium Act of 2022 . 2. Increasing the income cap for and making permanent the mortgage insurance premium deduction (a) In general (1) Section 163(h)(3)(E) of the Internal Revenue Code of 1986 is amended— (1) in clause (ii), by striking $100,000 ($50,000 and inserting $200,000 ($100,000 , and (2) by striking clause (iv). (b) Effective date The amendments made by this Act shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3590is/xml/BILLS-117s3590is.xml |
117-s-3591 | II 117th CONGRESS 2d Session S. 3591 IN THE SENATE OF THE UNITED STATES February 7 (legislative day, February 3), 2022 Mr. Menendez (for himself, Mr. Risch , Mr. Kaine , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To strengthen the bilateral partnership between the United States and Ecuador in support of democratic institutions and rule of law, sustainable and inclusive economic growth, and conservation.
1. Short title; table of contents (a) Short title This Act may be cited as the United States-Ecuador Partnership Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Facilitating economic and commercial ties. Sec. 5. Promoting inclusive economic development. Sec. 6. Combating illicit economies, corruption, and negative foreign influence. Sec. 7. Strengthening democratic governance. Sec. 8. Fostering conservation and stewardship. Sec. 9. Reporting requirements. Sec. 10. Sunset. 2. Findings (a) Findings Congress makes the following findings: (1) The United States and Ecuador have a history of bilateral cooperation grounded in mutual respect, shared democratic values, and mutual security interests. (2) On February 7, 2021, and April 11, 2021, Ecuador held democratic elections that included parties from across the political spectrum, paving the way for continued progress towards strengthening democratic institutions. (3) The United States and Ecuador share strategic interests in strengthening Ecuador’s democratic institutions, generating inclusive economic growth, and building capacity in law enforcement, anti-corruption, and conservation efforts. (4) The United States and Ecuador historically have enjoyed strong commercial, investment, and economic ties, yet Ecuador continues to face significant challenges to inclusive economic development, including— (A) the heavy economic toll of the COVID–19 pandemic; (B) vulnerabilities with respect to the growing role of the People’s Republic of China in the financing and refinancing of Ecuador’s debts, and in strategic infrastructure projects and sectors of the Ecuadorian economy; and (C) the need to develop and strengthen open and transparent economic policies that strengthen Ecuador’s integration with global markets, inclusive economic growth, and opportunities for upward social mobility for the Ecuadorian people. (5) Since its establishment in December 2019, the United States Development Finance Corporation has provided more than $440,000,000 in financing to Ecuador. (6) Ecuador’s justice system has taken important steps to fight corruption and criminality and to increase accountability. However, enduring challenges to the rule of law in Ecuador, including the activities of transnational criminal organizations, illicit mining, illegal, unreported, and unregulated (IUU) fishing, and undemocratic actors, present ongoing risks for political and social stability in Ecuador. (7) The activities undertaken by the Government of the People’s Republic of China in Ecuador, including its development of the ECU–911 video surveillance and facial recognition system, financing of the corruptly managed and environmentally deleterious Coca Codo Sinclair Dam, and support for illegal, unreported, and unregulated fishing practices around the Galapagos Islands, pose risks to democratic governance and biodiversity in the country. (8) Ecuador, which is home to several of the Earth’s most biodiverse ecosystems, including the Galapagos Islands, the headwaters of the Amazon river, the Condor mountain range, and the Yasuni Biosphere Reserve, has seen a reduction in its rainforests between 1990 and 2016, due in part to the incursion of criminal networks into protected areas. (9) On March 24, 2021, the Senate unanimously approved Senate Resolution 22 (117th Congress), reaffirming the partnership between the United States and the Republic of Ecuador, and recognizing the restoration and advancement of economic relations, security, and development opportunities in both nations. (10) On August 13, 2021, the United States and Ecuador celebrated the entry into force of the Protocol to the Trade and Investment Council Agreement between the Government of the United States of America and the Government of the Republic of Ecuador Relating to Trade Rules and Transparency, recognizing the steps Ecuador has taken to decrease unnecessary regulatory burden and create a more transparent and predictable legal framework for foreign direct investment in recent years. 3. Sense of Congress It is the sense of Congress that— (1) the United States should take additional steps to strengthen its bilateral partnership with Ecuador, including by developing robust trade and investment frameworks, increasing law enforcement cooperation, renewing the activities of the United States Agency for International Development in Ecuador, and supporting Ecuador's response to and recovery from the COVID–19 pandemic, as necessary and appropriate; and (2) strengthening the United States-Ecuador partnership presents an opportunity to advance core United States national security interests and work with other democratic partners to maintain a prosperous, politically stable, and democratic Western Hemisphere that is resilient to malign foreign influence. 4. Facilitating economic and commercial ties The Secretary of State, in coordination with the Secretary of Commerce, the United States Trade Representative, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement a strategy to strengthen commercial and economic ties between the United States and Ecuador by— (1) promoting cooperation and information sharing to encourage awareness of and increase trade and investment opportunities between the United States and Ecuador; (2) supporting efforts by the Government of Ecuador to promote a more open, transparent, and competitive business environment, including by lowering trade barriers, implementing policies to reduce trading times, and improving efficiencies to expedite customs operations for importers and exporters of all sizes, in all sectors, and at all entry ports in Ecuador; (3) establishing frameworks or mechanisms to review the long-term financial sustainability and security implications of foreign investments in Ecuador in strategic sectors or services; (4) establishing competitive and transparent infrastructure project selection and procurement processes in Ecuador that promote transparency, open competition, financial sustainability, and robust adherence to global standards and norms; (5) developing programs to help the Government of Ecuador improve efficiency and transparency in customs administration, including through support for the Government of Ecuador’s ongoing efforts to digitize its customs process and accept electronic documents required for the import, export, and transit of goods under specific international standards, as well as related training to expedite customs, security, efficiency, and competitiveness; (6) spurring digital transformation that would advance— (A) the provision of digitized government services with the greatest potential to improve transparency, lower business costs, and expand citizens’ access to public services and public information; (B) the provision of transparent and affordable access to the internet and digital infrastructure; and (C) best practices to mitigate the risks to digital infrastructure by doing business with communication networks and communications supply chains with equipment and services from companies with close ties to or susceptible to pressure from governments or security services without reliable legal checks on governmental powers; and (7) identifying, as appropriate, a role for the United States International Development Finance Corporation, the Millennium Challenge Corporation, the United States Agency for International Development, and the United States private sector in supporting efforts to increase private sector investment and strengthen economic prosperity. 5. Promoting inclusive economic development The Administrator of the United States Agency for International Development, in coordination with the Secretary of State and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement a strategy and related programs to support inclusive economic development across Ecuador’s national territory by— (1) facilitating increased access to public and private financing, equity investments, grants, and market analysis for small and medium-sized businesses; (2) providing technical assistance to local governments to formulate and enact local development plans that invest in Indigenous and Afro-Ecuadorian communities; (3) connecting rural agricultural networks, including Indigenous and Afro-Ecuadorian agricultural networks, to consumers in urban centers and export markets, including through infrastructure construction and maintenance programs that are subject to audits and carefully designed to minimize potential environmental harm; (4) partnering with local governments, the private sector, and local civil society organizations, including organizations representing marginalized communities and faith-based organizations, to provide skills training and investment in support of initiatives that provide economically viable, legal alternatives to participating in illegal economies; and (5) connecting small scale fishing enterprises to consumers and export markets, in order to reduce vulnerability to organized criminal networks. 6. Combating illicit economies, corruption, and negative foreign influence The Secretary of State shall develop and implement a strategy and related programs to increase the capacity of Ecuador’s justice system and law enforcement authorities to combat illicit economies, corruption, transnational criminal organizations, and the harmful influence of malign foreign and domestic actors by— (1) providing technical assistance and support to specialized units within the Attorney General’s office to combat corruption and to promote and protect internationally recognized human rights in Ecuador, including the Transparency and Anti-Corruption Unit, the Anti-Money Laundering Unit, the Task Force to Combat Corruption in Central America, and the Environmental Crimes Unit; (2) strengthening bilateral assistance and complementary support through multilateral anti-corruption mechanisms, as necessary and appropriate, to counter corruption and recover assets derived from corruption, including through strengthening independent inspectors general to track and reduce corruption; (3) improving the technical capacity of prosecutors and financial institutions in Ecuador to combat corruption by— (A) detecting and investigating suspicious financial transactions, and conducting asset forfeitures and criminal analysis; and (B) combating money laundering, financial crimes, and extortion; (4) providing technical assistance and material support (including, as appropriate, radars, vessels, and communications equipment) to vetted specialized units of Ecuador’s national police and the armed services to disrupt, degrade, and dismantle organizations involved in illicit narcotics trafficking, transnational criminal activities, illicit mining, and illegal, unregulated, and unreported fishing, among other illicit activities; (5) providing technical assistance to address challenges related to Ecuador’s penitentiary and corrections system; (6) strengthening the regulatory framework of mining through collaboration with key Ecuadorian institutions, such as the Interior Ministry’s Special Commission for the Control of Illegal Mining and the National Police’s Investigative Unit on Mining Crimes, and providing technical assistance in support of their law enforcement activities; (7) providing technical assistance to judges, prosecutors, and ombudsmen to increase capacity to enforce laws against human smuggling and trafficking, illicit mining, illegal logging, illegal, unregulated, and unreported (IUU) fishing, and other illicit economic activities; (8) providing support to the Government of Ecuador to prevent illegal, unreported, and unregulated fishing, including through expanding detection and response capabilities, and the use of dark vessel tracing technology; (9) supporting multilateral efforts to stem illegal, unreported, and unregulated fishing with neighboring countries in South America and within the South Pacific Regional Fisheries Management Organisation; (10) assisting the Government of Ecuador’s efforts to protect defenders of internationally recognized human rights, including through the work of the Office of the Ombudsman of Ecuador, and by encouraging the inclusion of Indigenous and Afro-Ecuadorian communities and civil society organizations in this process; (11) supporting efforts to improve transparency, uphold accountability, and build capacity within the Office of the Comptroller General; (12) enhancing the institutional capacity and technical capabilities of defense and security institutions of Ecuador to conduct national or regional security missions, including through regular bilateral and multilateral cooperation, foreign military financing, international military education, and training programs, consistent with applicable Ecuadorian laws and regulations; (13) enhancing port management and maritime security partnerships to disrupt, degrade, and dismantle transnational criminal networks and facilitate the legitimate flow of people, goods, and services; and (14) strengthening cybersecurity cooperation— (A) to effectively respond to cybersecurity threats, including state-sponsored threats; (B) to share best practices to combat such threats; (C) to help develop and implement information architectures that respect individual privacy rights and reduce the risk that data collected through such systems will be exploited by malign state and non-state actors; (D) to strengthen resilience against cyberattacks, misinformation, and propaganda; and (E) to strengthen the resilience of critical infrastructure. 7. Strengthening democratic governance (a) Strengthening democratic governance The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, should develop and implement initiatives to strengthen democratic governance in Ecuador by supporting— (1) measures to improve the capacity of national and subnational government institutions to govern through transparent, inclusive, and democratic processes; (2) efforts that measurably enhance the capacity of political actors and parties to strengthen democratic institutions and the rule of law; (3) initiatives to strengthen democratic governance, including combating political, administrative, and judicial corruption and improving transparency of the administration of public budgets; and (4) the efforts of civil society organizations and independent media— (A) to conduct oversight of the Government of Ecuador and the National Assembly of Ecuador; (B) to promote initiatives that strengthen democratic governance, anti-corruption standards, and public and private sector transparency; and (C) to foster political engagement between the Government of Ecuador, including the National Assembly of Ecuador, and all parts of Ecuadorian society, including women, indigenous communities, and Afro-Ecuadorian communities. (b) Legislative strengthening The Administrator of the United States Agency for International Development, working through the Consortium for Elections and Political Process Strengthening or any equivalent or successor mechanism, shall develop and implement programs to strengthen the National Assembly of Ecuador by providing training and technical assistance to— (1) members and committee offices of the National Assembly of Ecuador, including the Ethics Committee and Audit Committee; (2) assist in the creation of entities that can offer comprehensive and independent research and analysis on legislative and oversight matters pending before the National Assembly, including budgetary and economic issues; and (3) improve democratic governance and government transparency, including through effective legislation. (c) Bilateral legislative cooperation To the degree practicable, in implementing the programs required under subsection (b), the Administrator of the United States Agency for International Development should facilitate meetings and collaboration between members of the United States Congress and the National Assembly of Ecuador. 8. Fostering conservation and stewardship The Administrator of the United States Agency for International Development, in coordination with the Secretary of State and the heads of other relevant Federal departments and agencies, shall develop and implement programs and enhance existing programs, as necessary and appropriate, to improve ecosystem conservation and enhance the effective stewardship of Ecuador’s natural resources by— (1) providing technical assistance to Ecuador’s Ministry of the Environment to safeguard national parks and protected forests and protected species, while promoting the participation of Indigenous communities in this process; (2) strengthening the capacity of communities to access the right to prior consultation, encoded in Article 57 of the Constitution of Ecuador and related laws, executive decrees, administrative acts, and ministerial regulations; (3) supporting Indigenous and Afro-Ecuadorian communities as they raise awareness of threats to biodiverse ancestral lands, including through support for local media in such communities and technical assistance to monitor illicit activities; (4) partnering with the Government of Ecuador in support of reforestation and improving river, lake, and coastal water quality; (5) providing assistance to communities affected by illegal mining and deforestation; and (6) fostering mechanisms for cooperation on emergency preparedness and rapid recovery from natural disasters, including by— (A) establishing regional preparedness, recovery, and emergency management centers to facilitate rapid response to survey and help maintain planning on regional disaster anticipated needs and possible resources; and (B) training disaster recovery officials on latest techniques and lessons learned from United States experiences. 9. Reporting requirements (a) Secretary of state The Secretary of State, in coordination with the heads of other relevant Federal departments and agencies as described in sections 4, 6, and 7(a), shall— (1) not later than 180 days after the date of the enactment of this Act, submit to the appropriate congressional committees a comprehensive strategy to address the requirements described in sections 4, 6, and 7(a); and (2) not later than 2 years and 4 years after submitting the comprehensive strategy under paragraph (1), submit to the appropriate congressional committees a report describing the implementation of the strategy. (b) Administrator of the United States Agency for International Development The Administrator of the United States Agency for International Development, in coordination with the heads of other relevant Federal departments and agencies as described in sections 5, 7(b), and 8, shall— (1) not later than 180 days after the date of the enactment of this Act, submit to the appropriate congressional committees a comprehensive strategy to address the requirements described in sections 4, 7(b), and 8; and (2) not later than 2 years and 4 years after submitting the comprehensive strategy under paragraph (1), submit to the appropriate congressional committees a report describing the implementation of the strategy. (c) Submission The strategies and reports required under subsections (a) and (b) may be submitted to the appropriate congressional committees as joint strategies and reports. (d) Appropriate congressional committees In this Act, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. 10. Sunset This Act shall terminate on the date that is 5 years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3591is/xml/BILLS-117s3591is.xml |
117-s-3592 | II 117th CONGRESS 2d Session S. 3592 IN THE SENATE OF THE UNITED STATES February 7 (legislative day, February 3), 2022 Mr. Sanders introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide additional funding for firefighter staffing and safety grants, and for other purposes.
1. Short title This Act may be cited as the Firefighter Staffing and Support Act . 2. Firefighter safety grants Section 33 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 ) is amended— (1) in subsection (d), by striking paragraph (4); (2) in subsection (q)(1)— (A) in the matter preceding subparagraph (A), by inserting , and there is appropriated, after appropriated ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B)— (i) in the matter preceding clause (i), by striking 2023 and inserting 2022 ; and (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (C) $913,000,000 for fiscal year 2023; and (D) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which— (i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds (ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i). ; and (3) by striking subsection (r). 3. SAFER grants Section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ) is amended— (1) in subsection (j)(1)— (A) in the matter preceding subparagraph (A), by inserting , and there is appropriated, after appropriated ; (B) in subparagraph (H), by striking and at the end; (C) in subparagraph (I)— (i) in the matter preceding clause (i), by striking 2023 and inserting 2022 ; and (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (J) $913,000,000 for fiscal year 2023; and (K) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which— (i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds (ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i). ; and (2) by striking subsection (k). 4. Technical assistance The Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ) is amended by adding at the end the following: 38. Technical assistance In addition to amounts made available under sections 33(q)(2) and 34(j)(2), there is authorized to be appropriated, and there is appropriated, to provide technical assistance to qualified entities described in sections 33(c)(1) and 34(a) to prepare and submit an application for a grant under section 33(e) or 34(b)— (1) $10,000,000 for fiscal year 2023; and (2) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which— (A) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds (B) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i). . 5. Reports from FEMA and United States Fire Administration Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency and the Administrator of the United States Fire Administration shall submit to Congress and make publicly available— (1) a report on plans to improve the application process for grants under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 , 2229a) to ease access to those grant funds; and (2) a report on the challenges specific to rural and volunteer fire departments, as defined in section 33 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 ), which shall include an action plan to address these challenges through the grants described in paragraph (1) and other administrative action. 6. Protections for volunteers from employer discrimination The Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ), as amended by section 4 of this Act, is amended by adding at the end the following: 39. Volunteer firefighter and EMS personnel job protection (a) Definitions In this section: (1) Emergency; major disaster The terms emergency and major disaster have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (2) Qualified volunteer fire department The term qualified volunteer fire department has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. (3) Volunteer emergency medical services The term volunteer emergency medical services means emergency medical services performed on a voluntary basis for a fire department or other emergency organization. (4) Volunteer firefighter The term volunteer firefighter means an individual who is a member in good standing of a qualified volunteer fire department. (b) Termination of employment of volunteer firefighters and emergency medical personnel prohibited (1) Termination prohibited No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. (2) Deployment The prohibition in paragraph (1) shall apply to an employee serving as a volunteer firefighter or providing volunteer emergency medical services if such employee— (A) is specifically deployed to respond to the emergency or major disaster in accordance with a coordinated national deployment system such as the Emergency Management Assistance Compact or a pre-existing mutual aid agreement; or (B) is a volunteer firefighter who— (i) is a member of a qualified volunteer fire department that is located in the State in which the emergency or major disaster occurred; (ii) is a member of a qualified fire department that has a mutual aid agreement with a community affected by such emergency or major disaster; and (iii) has been deployed by the emergency management agency of such State to respond to such emergency or major disaster. (3) Limitations The prohibition in paragraph (1) shall not apply to an employee who— (A) is absent from the employee’s employment for the purpose described in paragraph (1) for more than 14 days per calendar year; (B) responds to the emergency or major disaster without being officially deployed as described in paragraph (2); or (C) fails to provide the written verification described in paragraph (5) within a reasonable period of time. (4) Withholding of pay An employer may reduce an employee’s regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1). (5) Verification An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states— (A) the employee responded to the emergency or major disaster in an official capacity; and (B) the schedule and dates of the employee's participation in such response. (6) Reasonable notice required An employee who may be absent from or late to the employee’s employment for the purpose described in paragraph (1) shall— (A) make a reasonable effort to notify the employee’s employer of such absence; and (B) continue to provide reasonable notifications over the course of such absence. (c) Right of action (1) Right of action An individual who has been terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment in violation of the prohibition described in subsection (b) may bring, in a district court of the United States of appropriate jurisdiction, a civil action against the employer of the individual seeking— (A) reinstatement of the individual’s former employment; (B) payment of back wages; (C) reinstatement of fringe benefits; and (D) if the employment granted seniority rights, reinstatement of seniority rights. (2) Limitation The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b). (d) Enforcement The Administrator of FEMA, in coordination with the Secretary of Labor, shall have the authority to issue rules to enforce this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s3592is/xml/BILLS-117s3592is.xml |
117-s-3593 | II 117th CONGRESS 2d Session S. 3593 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 3), 2022 Ms. Cortez Masto (for herself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles XI and XVIII of the Social Security Act to extend certain telehealth services covered by Medicare and to evaluate the impact of telehealth services on Medicare beneficiaries, and for other purposes.
1. Short title; table of contents (a) In general This Act may be cited as the Telehealth Extension and Evaluation Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of telehealth services. Sec. 3. Temporary requirements for provision of high-cost durable medical equipment and laboratory tests. Sec. 4. Requirement to submit NPI number for telehealth billing. Sec. 5. Federally qualified health centers and rural health clinics. Sec. 6. Telehealth flexibilities for critical access hospitals. Sec. 7. Use of telehealth for the dispensing of controlled substances by means of the internet. Sec. 8. Study on the effects of changes to telehealth under the Medicare and Medicaid programs during the COVID–19 emergency. 2. Extension of telehealth services Section 1135(e) of the Social Security Act ( 42 U.S.C. 1320b–5(e) ) is amended by adding at the end the following new paragraph: (3) Two-year extension of telehealth services following the COVID–19 emergency period Notwithstanding any other provision of this section, a waiver or modification of requirements pursuant to subsection (b)(8) shall terminate on the date that is 2 years after the last day of the emergency period described in subsection (g)(1)(B). . 3. Temporary requirements for provision of high-cost durable medical equipment and laboratory tests (a) High-Cost durable medical equipment Section 1834(a)(1)(E) of the Social Security Act ( 42 U.S.C. 1395m(a)(1)(E) ) is amended by adding at the end the following new clauses: (vi) Standards for high-cost durable medical equipment (I) Limitation on payment for high-cost durable medical equipment During the 2-year period beginning on the day after the last day of the emergency period described in section 1135(g)(1)(B), payment may not be made under this subsection for high-cost durable medical equipment ordered by a physician or other practitioner described in clause (ii) via telehealth for an individual, unless such physician or practitioner furnished to such individual a service in person at least once during the 12-month period prior to ordering such high-cost durable medical equipment. (II) High-cost durable medical equipment defined For purposes of this clause, the term high-cost durable medical equipment means, with respect to a year, durable medical equipment for which payment may be made under paragraphs (2) through (8), the price under the clinical lab fee schedule which for such year is in the highest quartile of national purchase prices of durable medical equipment payable for such year. (vii) Audit of providers and practitioners furnishing a high volume of durable medical equipment via telehealth (I) Identification of providers During the 2-year period beginning on the day after the last day of the emergency period described in section 1135(g)(1)(B), Medicare administrative contractors shall conduct reviews, on a schedule determined by the Secretary, of claims for durable medical equipment prescribed by a physician or other practitioner described in clause (ii) during the 12-month period preceding such review to identify physicians or other practitioners with respect to whom at least 90 percent of all durable medical equipment prescribed by such physician or practitioner during such period was prescribed pursuant to a telehealth visit. (II) Audit In the case of a physician or practitioner identified under subclause (I), with respect to a 12-month period described in such subclause, the Medicare administrative contractors shall conduct audits of all claims for durable medical equipment prescribed by such physicians or practitioners to determine whether such claims comply with the requirements for coverage under this title. . (b) High-Cost laboratory tests Section 1834A(b) of the Social Security Act ( 42 U.S.C. 1395m–1(b) ) is amended by adding at the end the following new paragraphs: (6) Requirement for high-cost laboratory tests (A) Limitation on payment for high-cost laboratory tests During the 2-year period beginning on the day after the last day of the emergency period described in section 1135(g)(1)(B), payment may not be made under this subsection for a high-cost laboratory test ordered by a physician or practitioner via telehealth for an individual, unless such physician or practitioner furnished to such individual a service in person at least once during the 12-month period prior to ordering such high-cost laboratory test. (B) High-cost laboratory test defined For purposes of this paragraph, the term high-cost laboratory test means, with respect to a year, a laboratory test for which payment may be made under this section, and the purchase price of which for such year is in the highest quartile of purchase prices of laboratory tests for such year. (7) Audit of laboratory testing ordered pursuant to telehealth visit (A) Identification of providers During the 2-year period beginning on the day after the last day of the emergency period described in section 1135(g)(1)(B), Medicare administrative contractors shall conduct periodic reviews, on a schedule determined by the Secretary, of claims for laboratory tests prescribed by a physician or practitioner during the 12-month period preceding such review to identify physicians or other practitioners with respect to whom at least 90 percent of all laboratory tests prescribed by such physician or practitioner during such period were prescribed pursuant to a telehealth visit. (B) Audit In the case of a physician or practitioner identified under subparagraph (A), with respect to a 12-month period described in such subparagraph, the Medicare administrative contractors shall conduct audits of all claims for laboratory tests prescribed by such physicians or practitioners during such period to determine whether such claims comply with the requirements for coverage under this title. . 4. Requirement to submit NPI number for telehealth billing Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in the first sentence of paragraph (1), by striking paragraph (8) and inserting paragraphs (8) and (9) ; and (2) by adding at the end the following new paragraph: (9) Requirement to submit NPI number for telehealth billing During the 2-year period beginning on the day after the last day of the emergency period described in section 1135(g)(1)(B), payment may not be made under this subsection for telehealth services furnished by a physician or practitioner unless such physician or practitioner submits a claim for payment under the national provider identification number assigned to such physician or practitioner. . 5. Federally qualified health centers and rural health clinics Section 1834(m)(8) of the Social Security Act ( 42 U.S.C. 1395m(m)(8) ) is amended— (1) in the paragraph heading by inserting and the 2-year period after such emergency period after period ; (2) in subparagraph (A), in the matter preceding clause (i), by inserting and the 2-year period immediately following such emergency period after 1135(g)(1)(B) ; and (3) by striking subparagraph (B) and inserting the following: (B) Payment (i) In general A telehealth service furnished by a Federally qualified health center or a rural health clinic to an individual pursuant to this paragraph on or after the date of the enactment of this subparagraph shall be deemed to be so furnished to such individual as an outpatient of such clinic or facility (as applicable) for purposes of paragraph (1) or (3), respectively, of section 1861(aa) and payable as a Federally qualified health center service or rural health clinic service (as applicable) under the prospective payment system established under section 1834(o) or under section 1833(a)(3), respectively. (ii) Treatment of costs for FQHC PPS calculations and RHC AIR calculations Costs associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable. . 6. Telehealth flexibilities for critical access hospitals Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ), as amended by section 4, is amended— (1) in the first sentence of paragraph (1), by striking and (9) and inserting , (9) and (10) ; (2) in paragraph (2)(A), by striking paragraph (8) and inserting paragraphs (8) and (10) ; (3) in paragraph (4)— (A) in subparagraph (A), by striking paragraph (8) and inserting paragraphs (8) and (10) ; (B) in subparagraph (F)(i), by striking paragraph (8) and inserting paragraphs (8) and (10) ; and (4) by adding at the end the following new paragraph: (10) Telehealth flexibilities for critical access hospitals (A) In general During the period beginning on the date of the enactment of this paragraph and ending on the date that is 2 years after the end of the emergency period described in section 1135(g)(1)(B), the following shall apply: (i) The Secretary shall pay for telehealth services that are furnished via a telecommunications system by a critical access hospital, including any practitioner authorized to provide such services within the facility, that is a qualified provider (as defined in subparagraph (B)) to an eligible telehealth individual enrolled under this part notwithstanding that the critical access hospital providing the telehealth service is not at the same location as the beneficiary, if such services complement a plan of care that includes in-person care at some point, as may be appropriate. (ii) The amount of payment to a critical access hospital that serves as a distant site for such a telehealth service shall be determined under subparagraph (B). (iii) For purposes of this subsection— (I) the term distant site includes a critical access hospital that furnishes a telehealth service to an eligible telehealth individual; (II) the term qualified provider means, with respect to a telehealth service described in clause (i) that is furnished to an eligible telehealth individual, a critical access hospital that has an established patient relationship with such individual as defined by the State in which the individual is located; and (III) the term telehealth services includes behavioral health services and any other outpatient critical access hospital service that is furnished using telehealth to the extent that payment codes corresponding to services identified by the Secretary under clause (i) or (ii) of paragraph (4)(F) are listed on the corresponding claim for such critical access hospital service. (B) Payment For purposes of subparagraph (A)(ii), the amount of payment to a critical access hospital that serves as a distant site that furnishes a telehealth service to an eligible telehealth individual under this paragraph shall be equal to 101 percent of the reasonable costs of the hospital in providing such services, unless the hospital makes an election under paragraph (2) of section 1834(g) to be paid for such services based on the methodology described in such paragraph. Telehealth services furnished by a critical access hospital shall be counted for purposes of determining the provider productivity rate of the critical access hospital for purposes of payment under such section. (C) Implementation Notwithstanding any other provision of law, the Secretary may implement this paragraph through program instruction, interim final rule, or otherwise. . 7. Use of telehealth for the dispensing of controlled substances by means of the internet Section 309(e)(2) of the Controlled Substances Act ( 21 U.S.C. 829(e)(2) ) is amended— (1) in subparagraph (A)(i)— (A) by striking at least 1 in-person medical evaluation and inserting the following: at least— (I) 1 in-person medical evaluation ; and (B) by adding at the end the following: (II) during the period beginning on the date of the enactment of this subclause and ending on the date that is 2 years after the end of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ), for purposes of prescribing a controlled substance in schedules II through V, 1 telehealth evaluation; or ; and (2) by adding at the end the following: (D) (i) The term telehealth evaluation means a medical evaluation that is conducted in accordance with applicable Federal and State laws by a practitioner (other than a pharmacist) who is at a location remote from the patient and is communicating with the patient using a telecommunications system referred to in section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) that includes, at a minimum, audio and video equipment permitting two-way, real-time interactive communication between the patient and distant site practitioner. (ii) Nothing in clause (i) shall be construed to imply that 1 telehealth evaluation demonstrates that a prescription has been issued for a legitimate medical purpose within the usual course of professional practice. (iii) A practitioner who prescribes the drugs or combination of drugs that are covered under section 303(g)(2)(C) using the authority under subparagraph (A)(i)(II) of this paragraph shall adhere to nationally recognized evidence-based guidelines for the treatment of patients with opioid use disorders and a diversion control plan, as those terms are defined in section 8.2 of title 42, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph. . 8. Study on the effects of changes to telehealth under the Medicare and Medicaid programs during the COVID–19 emergency (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall conduct a study and submit to the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate an interim report on any changes made to the provision or availability of telehealth services under part A or B of title XVIII of the Social Security Act (including by reason of the amendments made to the Controlled Substances Act under section 7) since the start of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ). Such report shall include the following: (1) A summary of utilization of all health care services furnished under such part A or B during such emergency period, including the number of telehealth visits (broken down by service type, the number of such visits furnished via audio-visual technology, the number of such visits furnished via audio-only technology, and the number of such visits furnished by a Federally qualified health center, rural health clinic, or community health center, respectively, if practicable), in-person outpatient visits, inpatient admissions, and emergency department visits. (2) A description of any changes in utilization patterns for the care settings described in paragraph (1) over the course of such emergency period compared to such patterns prior to such emergency period. (3) An analysis of utilization of telehealth services under such part A or B during such emergency period, broken down by race and ethnicity, geographic region, and income level (as measured directly or indirectly, such as by patient’s zip code tabulation area median income as publicly reported by the United States Census Bureau), and of any trends in such utilization during such emergency period, so broken down. Such analysis may not include any personally identifiable information or protected health information. (4) A description of expenditures and any savings under such part A or B attributable to use of such telehealth services during such emergency period. (5) A description of any instances of fraud identified by the Secretary, acting through the Office of the Inspector General or other relevant agencies and departments, with respect to such telehealth services furnished under such part A or B during such emergency period and a comparison of the number of such instances with the number of instances of fraud so identified with respect to in-person services so furnished during such emergency period. (6) A description of any privacy concerns with respect to the furnishing of such telehealth services (such as cybersecurity or ransomware concerns), including a description of any actions taken by the Secretary, acting through the Health Sector Cybersecurity Coordination Center or other relevant agencies and departments, during such emergency period to assist health care providers secure telecommunications systems. (7) Identification of common ICD–10 codes billed via telehealth, comparing measures of quality and outcomes between telehealth care and in-person care for the same category of service. (8) Recommendations regarding the permanency of the waivers and authorities under the provisions of, and amendments made by, this Act. (b) Consultation In conducting the study and submitting the report under subsection (a), the Secretary— (1) shall consult with— (A) the Medicaid and CHIP Payment and Access Commission; (B) the Medicare Payment Advisory Commission; (C) the Office of Inspector General of the Department of Health and Human Services; and (D) other stakeholders determined appropriate by the Secretary, such as patients, tribal communities, medical professionals, health facilities, State medical boards, State nursing boards, telehealth providers, health professional liability providers, public and private payers, and State leaders; and (2) shall endeavor to include as many racially, ethnically, geographically, and professionally diverse perspectives as possible. (c) Final report Not later than 18 months after the end of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ), the Secretary shall— (1) update and finalize the interim report under subsection (a); and (2) submit such updated and finalized report to the committees specified in such subsection. (d) Grants for Medicaid reports (1) In general Not later than January 1, 2023, the Secretary shall award grants to States with a State plan (or waiver of such plan) in effect under title XIX of the Social Security Act ( 42 U.S.C. 1396r ) that submit an application under this subsection for purposes of enabling such States to study and submit reports to the Secretary on any changes made to the provision or availability of telehealth services under such plans (or such waivers) during such period. (2) Eligibility To be eligible to receive a grant under paragraph (1), a State shall— (A) provide benefits for telehealth services under the State plan (or waiver of such plan) in effect under title XIX of the Social Security Act ( 42 U.S.C. 1396r ); (B) be able to differentiate telehealth from in-person visits within claims data submitted under such plan (or such waiver) during such period; and (C) submit to the Secretary an application at such time, in such manner, and containing such information (including the amount of the grant requested) as the Secretary may require. (3) Use of funds A State shall use amounts received under a grant under this subsection to conduct a study and report findings regarding the effects of changes to telehealth services offered under the State plan (or waiver of such plan) of such State under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) during such period in accordance with paragraph (4). (4) Reports (A) Interim report Not later 1 year after the date a State receives a grant under this subsection, the State shall submit to the Secretary an interim report that— (i) details any changes made to the provision or availability of telehealth benefits (such as eligibility, coverage, or payment changes) under the State plan (or waiver of such plan) of the State under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) during the emergency period described in paragraph (1); and (ii) contains— (I) a summary and description of the type described in paragraphs (1) and (2), respectively, of subsection (a); and (II) to the extent practicable, an analysis of the type described in paragraph (3) of subsection (a), except that any reference in such subsection to such part A or B shall, for purposes of subclauses (I) and (II), be treated as a reference to such State plan (or waiver). (B) Final report Not later than 3 years after the date a State receives a grant under this subsection, the State shall update and finalize the interim report and submit such final report to the Secretary. (C) Report by Secretary Not later than the earlier of the date that is 1 year after the submission of all final reports under subparagraph (B) and December 31, 2027, the Secretary shall submit to Congress a report on the grant program, including a summary of the reports received from States under this paragraph. (5) Modification authority The Secretary may modify any deadline described in paragraph (4) or any information required to be included in a report made under this subsection to provide flexibility for States to modify the scope of the study and timeline for such reports. (6) Technical assistance The Secretary shall provide such technical assistance as may be necessary to a State receiving a grant under this subsection in order to assist such State in conducting studies and submitting reports under this subsection. (7) State For purposes of this subsection, the term State means each of the several States, the District of Columbia, and each territory of the United States. (e) Authorization of appropriations (1) Medicare For the purpose of carrying out subsections (a) through (c), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2022 through 2026. (2) Medicaid For the purpose of carrying out subsection (d), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s3593is/xml/BILLS-117s3593is.xml |
117-s-3594 | II 117th CONGRESS 2d Session S. 3594 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 3), 2022 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to hold violent criminals and child predators accountable.
1. Short title This Act may be cited as the Holding Violent Criminals and Child Predators Accountable Act of 2022 . 2. Enhanced penalties (a) Sexual abuse of a minor or ward Section 2243 of title 18, United States Code, is amended by striking not more than 15 years each place the term appears and inserting for any number of years up to life . (b) Abusive sexual contact Section 2244(c) of title 18, United States Code, is amended by striking twice that otherwise provided in this section and replace with up to life . (c) Sexual exploitation of children Section 2251 of title 18, United States Code, is amended by striking subsection (e) and inserting the following: (e) (1) Except as provided in paragraph (2), any person who violates, or attempts or conspires to violate, this section shall be fined under this title and imprisoned not less than 15 years or for life. (2) In the case of a person described in paragraph (1) who— (A) has 1 prior conviction under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, abusive sexual contact involving a minor or ward, or sex trafficking of children, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the person shall be fined under this title and imprisoned for not less than 25 years or for life; and (B) has 2 or more prior convictions under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, the person shall be fined under this title and imprisoned not less than 35 years or for life. (3) Any organization that violates, or attempts or conspires to violate, this section shall be fined under this title. (4) Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for not less than 30 years or for life. . (d) Certain activities relating to material involving the sexual exploitation of minors Section 2252(b) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) by striking not more than 20 years and inserting not more than 40 years ; and (B) by striking nor more than 40 years and inserting or for life ; and (2) in paragraph (2), by striking for not more than 20 years, or if and inserting for any number of years up to life, or if . (e) Certain activities relating to material constituting or containing child pornography Section 2252A(b)(2) of title 18, United States Code, is amended by striking for not more than 20 years, or if and inserting for any number of years up to life, or if . (f) Interstate domestic violence Section 2261(b) of title 18, United States Code, is amended— (1) in paragraph (1), by striking for life or any term of years and inserting for not less than 15 years or for life ; (2) in paragraph (2), by striking 20 years and inserting 25 years ; and (3) in paragraph (3), by striking 10 years and inserting 15 years . | https://www.govinfo.gov/content/pkg/BILLS-117s3594is/xml/BILLS-117s3594is.xml |
117-s-3595 | II 117th CONGRESS 2d Session S. 3595 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 3), 2022 Mr. Cornyn (for himself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to require the Small Business and Agriculture Regulatory Enforcement Ombudsman to create a centralized website for compliance guides, and for other purposes.
1. Short title This Act may be cited as the One Stop Shop for Small Business Compliance Act of 2022 . 2. Centralized website for compliance guides Section 30 of the Small Business Act ( 15 U.S.C. 657 ) is amended by adding at the end the following: (e) Centralized website Not later than 6 months after the date of enactment of this subsection, the Ombudsman shall maintain a publicly available website that includes— (1) hyperlinks to small entity compliance guides described in section 212(a)(1) of the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note); and (2) with respect to each small entity compliance guide described in paragraph (1), the contact information for an individual who can offer assistance to small entities with respect to the rules that are the subject of the guide. (f) Report on agency compliance The Ombudsman shall include in the annual report required under subsection (b)(2)(C) an assessment of agency compliance with the requirements of section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note) for the year covered by the annual report. . | https://www.govinfo.gov/content/pkg/BILLS-117s3595is/xml/BILLS-117s3595is.xml |
117-s-3596 | II 117th CONGRESS 2d Session S. 3596 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 3), 2022 Mr. Thune (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XXI of the Social Security Act to disregard State expenditures on health services initiatives to increase access to behavioral health services for children in schools for purposes of the reimbursement limitation on expenditures under the Children's Health Insurance Program that are not related to Medicaid or health insurance assistance.
1. Short title This Act may be cited as the CHIP School Behavioral Health Incentive Act . 2. Disregard of State expenditures on health services initiatives to increase access to behavioral health services for children in schools for purposes of the CHIP reimbursement limitation on expenditures not used for medicaid or health insurance assistance Section 2105(c)(2) of the Social Security Act ( 42 U.S.C. 1397ee(c)(2) ) is amended by adding at the end the following new subparagraph: (D) Disregard of expenditures for health services initiative for behavioral health services in schools (i) In general Beginning with the first fiscal year that begins after the date of enactment of this subparagraph (or, if earlier, the fiscal year in which guidance issued by the Secretary to implement this subparagraph takes effect), the amount of any expenditures described in clause (ii) for a fiscal year shall be disregarded for purposes of applying the limitation under subparagraph (A) for such fiscal year, except that in no case shall the amount of payment that may be made under subsection (a) for a fiscal year for expenditures subject to such limitation (including expenditures described in clause (ii)) exceed 15 percent. (ii) Expenditures described Expenditures described in this clause are expenditures by a State to implement or operate a health services initiative under the State child health plan under this title that would improve the health of children by increasing access to behavioral health services in schools. . | https://www.govinfo.gov/content/pkg/BILLS-117s3596is/xml/BILLS-117s3596is.xml |
117-s-3597 | II 117th CONGRESS 2d Session S. 3597 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 3), 2022 Mr. Merkley (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Oregon Resource Conservation Act of 1996 to reauthorize the Deschutes River Conservancy Working Group, and for other purposes.
1. Short title This Act may be cited as the Deschutes River Conservancy Reauthorization Act of 2022 . 2. Reauthorization of Deschutes River Conservancy Working Group (a) Definition of working group Section 301(a) of the Oregon Resource Conservation Act of 1996 ( Public Law 104–208 ; 110 Stat. 3009–534; 122 Stat. 836) is amended by striking paragraph (1) and inserting the following: (1) Working Group The term Working Group means the Deschutes River Conservancy Working Group composed of a board of directors of not fewer than 10, but not more than 15, members nominated by the group represented by the member, of whom— (A) 2 members shall be representatives of the environmental community in the Deschutes River Basin; (B) 2 members shall be representatives of the irrigated agriculture community in the Deschutes River Basin; (C) 2 members shall be representatives of the Confederated Tribes of the Warm Springs Reservation of Oregon; (D) 1 member shall be a representative of the hydroelectric production community in the Deschutes River Basin; (E) 1 member shall be a representative of 1 of the Federal agencies with authority and responsibility in the Deschutes River Basin; (F) 1 member shall be a representative of an agency of the State of Oregon with authority and responsibility in the Deschutes River Basin, such as— (i) the Oregon Department of Fish and Wildlife; or (ii) the Oregon Water Resources Department; and (G) 1 member shall be a representative of a unit of local government in the Deschutes River Basin. . (b) Reauthorization; administrative costs Section 301 of the Oregon Resource Conservation Act of 1996 ( Public Law 104–208 ; 110 Stat. 3009–534; 122 Stat. 836) is amended— (1) in subsection (b)— (A) in paragraph (3), by striking 2016 and inserting 2032 ; and (B) in paragraph (6), by striking 5 percent and inserting 10 percent ; and (2) in subsection (h), by striking 2016 and inserting 2032 . | https://www.govinfo.gov/content/pkg/BILLS-117s3597is/xml/BILLS-117s3597is.xml |
117-s-3598 | II 117th CONGRESS 2d Session S. 3598 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 3), 2022 Mr. Rubio (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require issuers filing annual reports with the Securities and Exchange Commission to disclose whether the issuers have connections with the Chinese Communist Party, and for other purposes.
1. Short title This Act may be cited as the No Chinese Communist Subterfuge via Unregistered Regime Presence Rendered Invisible to Shareholders and Equivalent Parties Act or the No Chinese Communist SURPRISE Parties Act . 2. Reporting requirement (a) Definitions In this section— (1) the term Commission means the Securities and Exchange Commission; (2) the term covered issuer means an issuer, including a foreign private issuer, that is required to file annual reports with the Commission under section 13(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m(a) ); (3) the term issuer has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ); (4) the term joint venture partner , with respect to a covered issuer, means— (A) a joint venture in which the covered issuer, or a subsidiary with respect to the covered issuer, is a party; or (B) any other person that is a party in a joint venture described in subparagraph (A); and (5) the term subsidiary , with respect to a covered issuer, means a wholly or partially owned subsidiary of the covered issuer. (b) Requirement Each covered issuer, in each annual report that the covered issuer files with the Commission (beginning with the second annual report that the covered issuer files with the Commission after the date of enactment of this Act), shall— (1) disclose whether the covered issuer, or any subsidiary or joint venture partner with respect to the covered issuer, has established or maintained an organization of the Chinese Communist Party during the period covered by the report; (2) if an organization of the Chinese Communist Party has participated in the operations of the covered issuer, or of any subsidiary or joint venture partner with respect to the covered issuer, during the period covered by the report, summarize that participation; and (3) disclose whether the board of directors of the covered issuer (or the equivalent body with respect to the covered issuer), under the laws of the jurisdiction in which the covered issuer is incorporated or otherwise organized— (A) owes a fiduciary duty to the covered issuer and shareholders of the covered issuer; and (B) is subject to heightened scrutiny with respect to conflicted controller transactions. (c) Updates to rules Not later than 1 year after the date of enactment of this Act, the Commission shall make any updates to the rules of the Commission that are necessary as a result of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3598is/xml/BILLS-117s3598is.xml |
117-s-3599 | II 117th CONGRESS 2d Session S. 3599 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 3), 2022 Mr. Scott of Florida (for himself, Mr. Kennedy , Mr. Cruz , Ms. Ernst , Mr. Braun , Mr. Tuberville , Mr. Hawley , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to prohibit the Internal Revenue Service from requiring taxpayers to provide biometric information.
1. Short title This Act may be cited as the Ban IRS Biometrics Act . 2. Taxpayer biometric information (a) In general Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7531. Taxpayer biometric information (a) In general The Secretary shall not, as a condition of filing any return, paying any tax, or receiving any service provided by the Internal Revenue Service, including accessing the taxpayer's own information, require any taxpayer to provide biometric information. (b) Biometric information For purposes of this section, the term biometric information means information regarding any measurable physical characteristic or personal behavioral trait used to recognize the identity, or verify the claimed identity or location, of an individual, including facial images, fingerprints, and iris scans. . (b) Clerical amendment The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 7531. Taxpayer biometric information. . (c) Effective date The amendments made by this section shall apply to filings and transactions in taxable years ending on or after December 31, 2021. (d) Safe disposal of collected information Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or such Secretary's delegate), in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall develop a plan for the safe and secure destruction and disposal of any biometric information (as defined in section 7531(b) of the Internal Revenue Code of 1986, as added by this section) collected or used by the Internal Revenue Service or any third-party vendor on behalf of such Service before the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3599is/xml/BILLS-117s3599is.xml |
117-s-3600 | II Calendar No. 265 117th CONGRESS 2d Session S. 3600 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 3), 2022 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read the first time February 9, 2022 Read the second time and placed on the calendar A BILL To improve the cybersecurity of the Federal Government, and for other purposes.
1. Short title This Act may be cited as the Strengthening American Cybersecurity Act of 2022 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Federal Information Security Modernization Act of 2022 Sec. 101. Short title. Sec. 102. Definitions. Sec. 103. Title 44 amendments. Sec. 104. Amendments to subtitle III of title 40. Sec. 105. Actions to enhance Federal incident transparency. Sec. 106. Additional guidance to agencies on FISMA updates. Sec. 107. Agency requirements to notify private sector entities impacted by incidents. Sec. 108. Mobile security standards. Sec. 109. Data and logging retention for incident response. Sec. 110. CISA agency advisors. Sec. 111. Federal penetration testing policy. Sec. 112. Ongoing threat hunting program. Sec. 113. Codifying vulnerability disclosure programs. Sec. 114. Implementing zero trust architecture. Sec. 115. Automation reports. Sec. 116. Extension of Federal acquisition security council and software inventory. Sec. 117. Council of the Inspectors General on Integrity and Efficiency dashboard. Sec. 118. Quantitative cybersecurity metrics. Sec. 119. Establishment of risk-based budget model. Sec. 120. Active cyber defensive study. Sec. 121. Security operations center as a service pilot. Sec. 122. Extension of Chief Data Officer Council. TITLE II—Cyber Incident Reporting for Critical Infrastructure Act of 2022 Sec. 201. Short title. Sec. 202. Definitions. Sec. 203. Cyber incident reporting. Sec. 204. Federal sharing of incident reports. Sec. 205. Ransomware vulnerability warning pilot program. Sec. 206. Ransomware threat mitigation activities. Sec. 207. Congressional reporting. TITLE III—Federal Secure Cloud Improvement and Jobs Act of 2022 Sec. 301. Short title. Sec. 302. Findings. Sec. 303. Title 44 amendments. I Federal Information Security Modernization Act of 2022 101. Short title This title may be cited as the Federal Information Security Modernization Act of 2022 . 102. Definitions In this title, unless otherwise specified: (1) Additional cybersecurity procedure The term additional cybersecurity procedure has the meaning given the term in section 3552(b) of title 44, United States Code, as amended by this title. (2) Agency The term agency has the meaning given the term in section 3502 of title 44, United States Code. (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Oversight and Reform of the House of Representatives ; and (C) the Committee on Homeland Security of the House of Representatives. (4) Director The term Director means the Director of the Office of Management and Budget. (5) Incident The term incident has the meaning given the term in section 3552(b) of title 44, United States Code. (6) National security system The term national security system has the meaning given the term in section 3552(b) of title 44, United States Code. (7) Penetration test The term penetration test has the meaning given the term in section 3552(b) of title 44, United States Code, as amended by this title. (8) Threat hunting The term threat hunting means proactively and iteratively searching systems for threats that evade detection by automated threat detection systems. 103. Title 44 amendments (a) Subchapter I amendments Subchapter I of chapter 35 of title 44, United States Code, is amended— (1) in section 3504— (A) in subsection (a)(1)(B)— (i) by striking clause (v) and inserting the following: (v) confidentiality, privacy, disclosure, and sharing of information; ; (ii) by redesignating clause (vi) as clause (vii); and (iii) by inserting after clause (v) the following: (vi) in consultation with the National Cyber Director, security of information; and ; and (B) in subsection (g), by striking paragraph (1) and inserting the following: (1) develop and oversee the implementation of policies, principles, standards, and guidelines on privacy, confidentiality, disclosure, and sharing, and in consultation with the National Cyber Director, oversee the implementation of policies, principles, standards, and guidelines on security, of information collected or maintained by or for agencies; and ; (2) in section 3505— (A) by striking the first subsection designated as subsection (c); (B) in paragraph (2) of the second subsection designated as subsection (c), by inserting an identification of internet accessible information systems and after an inventory under this subsection shall include ; (C) in paragraph (3) of the second subsection designated as subsection (c)— (i) in subparagraph (B)— (I) by inserting the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, and before the Comptroller General ; and (II) by striking and at the end; (ii) in subparagraph (C)(v), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (D) maintained on a continual basis through the use of automation, machine-readable data, and scanning, wherever practicable. ; (3) in section 3506— (A) in subsection (a)(3), by inserting In carrying out these duties, the Chief Information Officer shall coordinate, as appropriate, with the Chief Data Officer in accordance with the designated functions under section 3520(c). after reduction of information collection burdens on the public. ; (B) in subsection (b)(1)(C), by inserting , availability after integrity ; and (C) in subsection (h)(3), by inserting security, after efficiency, ; and (4) in section 3513— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Each agency providing a written plan under subsection (b) shall provide any portion of the written plan addressing information security to the Secretary of the Department of Homeland Security and the National Cyber Director. . (b) Subchapter II definitions (1) In general Section 3552(b) of title 44, United States Code, is amended— (A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (4), (5), (6), (7), (9), and (11), respectively; (B) by inserting before paragraph (2), as so redesignated, the following: (1) The term additional cybersecurity procedure means a process, procedure, or other activity that is established in excess of the information security standards promulgated under section 11331(b) of title 40 to increase the security and reduce the cybersecurity risk of agency systems. ; (C) by inserting after paragraph (2), as so redesignated, the following: (3) The term high value asset means information or an information system that the head of an agency, using policies, principles, standards, or guidelines issued by the Director under section 3553(a), determines to be so critical to the agency that the loss or corruption of the information or the loss of access to the information system would have a serious impact on the ability of the agency to perform the mission of the agency or conduct business. ; (D) by inserting after paragraph (7), as so redesignated, the following: (8) The term major incident has the meaning given the term in guidance issued by the Director under section 3598(a). ; (E) by inserting after paragraph (9), as so redesignated, the following: (10) The term penetration test — (A) means an authorized assessment that emulates attempts to gain unauthorized access to, or disrupt the operations of, an information system or component of an information system; and (B) includes any additional meaning given the term in policies, principles, standards, or guidelines issued by the Director under section 3553(a). ; and (F) by inserting after paragraph (11), as so redesignated, the following: (12) The term shared service means a centralized business or mission capability that is provided to multiple organizations within an agency or to multiple agencies. . (2) Conforming amendments (A) Homeland Security Act of 2002 Section 1001(c)(1)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 511(1)(A) ) is amended by striking section 3552(b)(5) and inserting section 3552(b) . (B) Title 10 (i) Section 2222 Section 2222(i)(8) of title 10, United States Code, is amended by striking section 3552(b)(6)(A) and inserting section 3552(b)(9)(A) . (ii) Section 2223 Section 2223(c)(3) of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b) . (iii) Section 2315 Section 2315 of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b) . (iv) Section 2339a Section 2339a(e)(5) of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b) . (C) High-Performance Computing Act of 1991 Section 207(a) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5527(a) ) is amended by striking section 3552(b)(6)(A)(i) and inserting section 3552(b)(9)(A)(i) . (D) Internet of Things Cybersecurity Improvement Act of 2020 Section 3(5) of the Internet of Things Cybersecurity Improvement Act of 2020 ( 15 U.S.C. 278g–3a ) is amended by striking section 3552(b)(6) and inserting section 3552(b) . (E) National Defense Authorization Act for Fiscal Year 2013 Section 933(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2224 note) is amended by striking section 3542(b)(2) and inserting section 3552(b) . (F) Ike Skelton National Defense Authorization Act for Fiscal Year 2011 The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ) is amended— (i) in section 806(e)(5) ( 10 U.S.C. 2304 note), by striking section 3542(b) and inserting section 3552(b) ; (ii) in section 931(b)(3) ( 10 U.S.C. 2223 note), by striking section 3542(b)(2) and inserting section 3552(b) ; and (iii) in section 932(b)(2) ( 10 U.S.C. 2224 note), by striking section 3542(b)(2) and inserting section 3552(b) . (G) E-Government Act of 2002 Section 301(c)(1)(A) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note) is amended by striking section 3542(b)(2) and inserting section 3552(b) . (H) National Institute of Standards and Technology Act Section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) is amended— (i) in subsection (a)(2), by striking section 3552(b)(5) and inserting section 3552(b) ; and (ii) in subsection (f)— (I) in paragraph (3), by striking section 3532(1) and inserting section 3552(b) ; and (II) in paragraph (5), by striking section 3532(b)(2) and inserting section 3552(b) . (c) Subchapter II amendments Subchapter II of chapter 35 of title 44, United States Code, is amended— (1) in section 3551— (A) in paragraph (4), by striking diagnose and improve and inserting integrate, deliver, diagnose, and improve ; (B) in paragraph (5), by striking and at the end; (C) in paragraph (6), by striking the period at the end and inserting a semi colon; and (D) by adding at the end the following: (7) recognize that each agency has specific mission requirements and, at times, unique cybersecurity requirements to meet the mission of the agency; (8) recognize that each agency does not have the same resources to secure agency systems, and an agency should not be expected to have the capability to secure the systems of the agency from advanced adversaries alone; and (9) recognize that a holistic Federal cybersecurity model is necessary to account for differences between the missions and capabilities of agencies. ; (2) in section 3553— (A) in subsection (a)— (i) in paragraph (1), by inserting , in consultation with the Secretary and the National Cyber Director, before overseeing ; (ii) in paragraph (5), by striking and at the end; and (iii) by adding at the end the following: (8) promoting, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, and the Director of the National Institute of Standards and Technology— (A) the use of automation to improve Federal cybersecurity and visibility with respect to the implementation of Federal cybersecurity; and (B) the use of presumption of compromise and least privilege principles to improve resiliency and timely response actions to incidents on Federal systems. ; (B) in subsection (b)— (i) in the matter preceding paragraph (1), by inserting and the National Cyber Director after Director ; and (ii) in paragraph (2)(A), by inserting and reporting requirements under subchapter IV of this chapter after section 3556 ; and (C) in subsection (c)— (i) in the matter preceding paragraph (1)— (I) by striking each year and inserting each year during which agencies are required to submit reports under section 3554(c) ; and (II) by striking preceding year and inserting preceding 2 years ; (ii) by striking paragraph (1); (iii) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (iv) in paragraph (3), as so redesignated, by striking and at the end; (v) by inserting after paragraph (3), as so redesignated the following: (4) a summary of each assessment of Federal risk posture performed under subsection (i); ; and (vi) in paragraph (5), by striking the period at the end and inserting ; and ; (D) by redesignating subsections (i), (j), (k), and (l) as subsections (j), (k), (l), and (m) respectively; (E) by inserting after subsection (h) the following: (i) Federal risk assessments On an ongoing and continuous basis, the Director of the Cybersecurity and Infrastructure Security Agency shall perform assessments of Federal risk posture using any available information on the cybersecurity posture of agencies, and brief the Director and National Cyber Director on the findings of those assessments including— (1) the status of agency cybersecurity remedial actions described in section 3554(b)(7); (2) any vulnerability information relating to the systems of an agency that is known by the agency; (3) analysis of incident information under section 3597; (4) evaluation of penetration testing performed under section 3559A; (5) evaluation of vulnerability disclosure program information under section 3559B; (6) evaluation of agency threat hunting results; (7) evaluation of Federal and non-Federal cyber threat intelligence; (8) data on agency compliance with standards issued under section 11331 of title 40; (9) agency system risk assessments performed under section 3554(a)(1)(A); and (10) any other information the Director of the Cybersecurity and Infrastructure Security Agency determines relevant. ; (F) in subsection (j), as so redesignated— (i) by striking regarding the specific and inserting “that includes a summary of— (1) the specific ; (ii) in paragraph (1), as so designated, by striking the period at the end and inserting ; and and (iii) by adding at the end the following: (2) the trends identified in the Federal risk assessment performed under subsection (i). ; and (G) by adding at the end the following: (n) Binding operational directives If the Director of the Cybersecurity and Infrastructure Security Agency issues a binding operational directive or an emergency directive under this section, not later than 4 days after the date on which the binding operational directive requires an agency to take an action, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the Director, National Cyber Director, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives the status of the implementation of the binding operational directive at the agency. ; (3) in section 3554— (A) in subsection (a)— (i) in paragraph (1)— (I) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively; (II) by inserting before subparagraph (B), as so redesignated, the following: (A) on an ongoing and continuous basis, performing agency system risk assessments that— (i) identify and document the high value assets of the agency using guidance from the Director; (ii) evaluate the data assets inventoried under section 3511 for sensitivity to compromises in confidentiality, integrity, and availability; (iii) identify agency systems that have access to or hold the data assets inventoried under section 3511; (iv) evaluate the threats facing agency systems and data, including high value assets, based on Federal and non-Federal cyber threat intelligence products, where available; (v) evaluate the vulnerability of agency systems and data, including high value assets, including by analyzing— (I) the results of penetration testing performed by the Department of Homeland Security under section 3553(b)(9); (II) the results of penetration testing performed under section 3559A; (III) information provided to the agency through the vulnerability disclosure program of the agency under section 3559B; (IV) incidents; and (V) any other vulnerability information relating to agency systems that is known to the agency; (vi) assess the impacts of potential agency incidents to agency systems, data, and operations based on the evaluations described in clauses (ii) and (iv) and the agency systems identified under clause (iii); and (vii) assess the consequences of potential incidents occurring on agency systems that would impact systems at other agencies, including due to interconnectivity between different agency systems or operational reliance on the operations of the system or data in the system; ; (III) in subparagraph (B), as so redesignated, in the matter preceding clause (i), by striking providing information and inserting using information from the assessment conducted under subparagraph (A), providing information ; (IV) in subparagraph (C), as so redesignated— (aa) in clause (ii) by inserting binding before operational ; and (bb) in clause (vi), by striking and at the end; and (V) by adding at the end the following: (E) providing an update on the ongoing and continuous assessment performed under subparagraph (A)— (i) upon request, to the inspector general of the agency or the Comptroller General of the United States; and (ii) on a periodic basis, as determined by guidance issued by the Director but not less frequently than annually, to— (I) the Director; (II) the Director of the Cybersecurity and Infrastructure Security Agency; and (III) the National Cyber Director; (F) in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and not less frequently than once every 3 years, performing an evaluation of whether additional cybersecurity procedures are appropriate for securing a system of, or under the supervision of, the agency, which shall— (i) be completed considering the agency system risk assessment performed under subparagraph (A); and (ii) include a specific evaluation for high value assets; (G) not later than 30 days after completing the evaluation performed under subparagraph (F), providing the evaluation and an implementation plan, if applicable, for using additional cybersecurity procedures determined to be appropriate to— (i) the Director of the Cybersecurity and Infrastructure Security Agency; (ii) the Director; and (iii) the National Cyber Director; and (H) if the head of the agency determines there is need for additional cybersecurity procedures, ensuring that those additional cybersecurity procedures are reflected in the budget request of the agency; ; (ii) in paragraph (2)— (I) in subparagraph (A), by inserting in accordance with the agency system risk assessment performed under paragraph (1)(A) after information systems ; (II) in subparagraph (B)— (aa) by striking in accordance with standards and inserting “in accordance with— (i) standards ; and (bb) by adding at the end the following: (ii) the evaluation performed under paragraph (1)(F); and (iii) the implementation plan described in paragraph (1)(G); ; and (III) in subparagraph (D), by inserting , through the use of penetration testing, the vulnerability disclosure program established under section 3559B, and other means, after periodically ; (iii) in paragraph (3)— (I) in subparagraph (A)— (aa) in clause (iii), by striking and at the end; (bb) in clause (iv), by adding and at the end; and (cc) by adding at the end the following: (v) ensure that— (I) senior agency information security officers of component agencies carry out responsibilities under this subchapter, as directed by the senior agency information security officer of the agency or an equivalent official; and (II) senior agency information security officers of component agencies report to— (aa) the senior information security officer of the agency or an equivalent official; and (bb) the Chief Information Officer of the component agency or an equivalent official; ; and (iv) in paragraph (5), by inserting and the Director of the Cybersecurity and Infrastructure Security Agency before on the effectiveness ; (B) in subsection (b)— (i) by striking paragraph (1) and inserting the following: (1) pursuant to subsection (a)(1)(A), performing ongoing and continuous agency system risk assessments, which may include using guidelines and automated tools consistent with standards and guidelines promulgated under section 11331 of title 40, as applicable; ; (ii) in paragraph (2)— (I) by striking subparagraph (B) and inserting the following: (B) comply with the risk-based cyber budget model developed pursuant to section 3553(a)(7); ; and (II) in subparagraph (D)— (aa) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (bb) by inserting after clause (ii) the following: (iii) binding operational directives and emergency directives promulgated by the Director of the Cybersecurity and Infrastructure Security Agency under section 3553; ; and (cc) in clause (iv), as so redesignated, by striking as determined by the agency; and and inserting “as determined by the agency, considering— (I) the agency risk assessment performed under subsection (a)(1)(A); and (II) the determinations of applying more stringent standards and additional cybersecurity procedures pursuant to section 11331(c)(1) of title 40; and ; (iii) in paragraph (5)(A), by inserting , including penetration testing, as appropriate, after shall include testing ; (iv) in paragraph (6), by striking planning, implementing, evaluating, and documenting and inserting planning and implementing and, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, evaluating and documenting ; (v) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; (vi) by inserting after paragraph (6) the following: (7) a process for providing the status of every remedial action and unremediated identified system vulnerability to the Director and the Director of the Cybersecurity and Infrastructure Security Agency, using automation and machine-readable data to the greatest extent practicable; ; and (vii) in paragraph (8)(C), as so redesignated— (I) by striking clause (ii) and inserting the following: (ii) notifying and consulting with the Federal information security incident center established under section 3556 pursuant to the requirements of section 3594; ; (II) by redesignating clause (iii) as clause (iv); (III) by inserting after clause (ii) the following: (iii) performing the notifications and other activities required under subchapter IV of this chapter; and ; and (IV) in clause (iv), as so redesignated— (aa) in subclause (I), by striking and relevant offices of inspectors general ; (bb) in subclause (II), by adding and at the end; (cc) by striking subclause (III); and (dd) by redesignating subclause (IV) as subclause (III); (C) in subsection (c)— (i) by redesignating paragraph (2) as paragraph (5); (ii) by striking paragraph (1) and inserting the following: (1) Biannual report Not later than 2 years after the date of enactment of the Federal Information Security Modernization Act of 2022 and not less frequently than once every 2 years thereafter, using the continuous and ongoing agency system risk assessment under subsection (a)(1)(A), the head of each agency shall submit to the Director, the Director of the Cybersecurity and Infrastructure Security Agency, the majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, the appropriate authorization and appropriations committees of Congress, the National Cyber Director, and the Comptroller General of the United States a report that— (A) summarizes the agency system risk assessment performed under subsection (a)(1)(A); (B) evaluates the adequacy and effectiveness of information security policies, procedures, and practices of the agency to address the risks identified in the agency system risk assessment performed under subsection (a)(1)(A), including an analysis of the agency’s cybersecurity and incident response capabilities using the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ); (C) summarizes the evaluation and implementation plans described in subparagraphs (F) and (G) of subsection (a)(1) and whether those evaluation and implementation plans call for the use of additional cybersecurity procedures determined to be appropriate by the agency; and (D) summarizes the status of remedial actions identified by inspector general of the agency, the Comptroller General of the United States, and any other source determined appropriate by the head of the agency. (2) Unclassified reports Each report submitted under paragraph (1)— (A) shall be, to the greatest extent practicable, in an unclassified and otherwise uncontrolled form; and (B) may include a classified annex. (3) Access to information The head of an agency shall ensure that, to the greatest extent practicable, information is included in the unclassified form of the report submitted by the agency under paragraph (2)(A). (4) Briefings During each year during which a report is not required to be submitted under paragraph (1), the Director shall provide to the congressional committees described in paragraph (1) a briefing summarizing current agency and Federal risk postures. ; and (iii) in paragraph (5), as so redesignated, by striking the period at the end and inserting , including the reporting procedures established under section 11315(d) of title 40 and subsection (a)(3)(A)(v) of this section ; and (D) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting and the National Cyber Director after the Director ; and (E) by adding at the end the following: (f) Reporting structure exemption (1) In general On an annual basis, the Director may exempt an agency from the reporting structure requirement under subsection (a)(3)(A)(v)(II). (2) Report On an annual basis, the Director shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives that includes a list of each exemption granted under paragraph (1) and the associated rationale for each exemption. (3) Component of other report The report required under paragraph (2) may be incorporated into any other annual report required under this chapter. ; (4) in section 3555— (A) in the section heading, by striking Annual independent and inserting Independent ; (B) in subsection (a)— (i) in paragraph (1), by inserting during which a report is required to be submitted under section 3553(c), after Each year ; (ii) in paragraph (2)(A), by inserting , including by penetration testing and analyzing the vulnerability disclosure program of the agency after information systems ; and (iii) by adding at the end the following: (3) An evaluation under this section may include recommendations for improving the cybersecurity posture of the agency. ; (C) in subsection (b)(1), by striking annual ; (D) in subsection (e)(1), by inserting during which a report is required to be submitted under section 3553(c) after Each year ; (E) by striking subsection (f) and inserting the following: (f) Protection of information (1) Agencies, evaluators, and other recipients of information that, if disclosed, may cause grave harm to the efforts of Federal information security officers, shall take appropriate steps to ensure the protection of that information, including safeguarding the information from public disclosure. (2) The protections required under paragraph (1) shall be commensurate with the risk and comply with all applicable laws and regulations. (3) With respect to information that is not related to national security systems, agencies and evaluators shall make a summary of the information unclassified and publicly available, including information that does not identify— (A) specific information system incidents; or (B) specific information system vulnerabilities. ; (F) in subsection (g)(2)— (i) by striking this subsection shall and inserting “this subsection— (A) shall ; (ii) in subparagraph (A), as so designated, by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (B) identify any entity that performs an independent evaluation under subsection (b). ; and (G) by striking subsection (j) and inserting the following: (j) Guidance (1) In general The Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the Chief Information Officers Council, the Council of the Inspectors General on Integrity and Efficiency, and other interested parties as appropriate, shall ensure the development of risk-based guidance for evaluating the effectiveness of an information security program and practices (2) Priorities The risk-based guidance developed under paragraph (1) shall include— (A) the identification of the most common successful threat patterns experienced by each agency; (B) the identification of security controls that address the threat patterns described in subparagraph (A); (C) any other security risks unique to the networks of each agency; and (D) any other element the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the Council of the Inspectors General on Integrity and Efficiency, determines appropriate. ; and (5) in section 3556(a)— (A) in the matter preceding paragraph (1), by inserting within the Cybersecurity and Infrastructure Security Agency after incident center ; and (B) in paragraph (4), by striking 3554(b) and inserting 3554(a)(1)(A) . (d) Conforming amendments (1) Table of sections The table of sections for chapter 35 of title 44, United States Code, is amended by striking the item relating to section 3555 and inserting the following: 3555. Independent evaluation . (2) OMB reports Section 226(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1524(c) ) is amended— (A) in paragraph (1)(B), in the matter preceding clause (i), by striking annually thereafter and inserting thereafter during the years during which a report is required to be submitted under section 3553(c) of title 44, United States Code ; and (B) in paragraph (2)(B), in the matter preceding clause (i)— (i) by striking annually thereafter and inserting thereafter during the years during which a report is required to be submitted under section 3553(c) of title 44, United States Code ; and (ii) by striking the report required under section 3553(c) of title 44, United States Code and inserting that report . (3) NIST responsibilities Section 20(d)(3)(B) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(d)(3)(B) ) is amended by striking annual . (e) Federal system incident response (1) In general Chapter 35 of title 44, United States Code, is amended by adding at the end the following: IV Federal System Incident Response 3591. Definitions (a) In general Except as provided in subsection (b), the definitions under sections 3502 and 3552 shall apply to this subchapter. (b) Additional definitions As used in this subchapter: (1) Appropriate reporting entities The term appropriate reporting entities means— (A) the majority and minority leaders of the Senate; (B) the Speaker and minority leader of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Oversight and Reform of the House of Representatives; (E) the Committee on Homeland Security of the House of Representatives; (F) the appropriate authorization and appropriations committees of Congress; (G) the Director; (H) the Director of the Cybersecurity and Infrastructure Security Agency; (I) the National Cyber Director; (J) the Comptroller General of the United States; and (K) the inspector general of any impacted agency. (2) Awardee The term awardee — (A) means a person, business, or other entity that receives a grant from, or is a party to a cooperative agreement or an other transaction agreement with, an agency; and (B) includes any subgrantee of a person, business, or other entity described in subparagraph (A). (3) Breach The term breach — (A) means the loss, control, compromise, unauthorized disclosure, or unauthorized acquisition of personally identifiable information or any similar occurrence; and (B) includes any additional meaning given the term in policies, principles, standards, or guidelines issued by the Director under section 3553(a). (4) Contractor The term contractor means a prime contractor of an agency or a subcontractor of a prime contractor of an agency. (5) Federal information The term Federal information means information created, collected, processed, maintained, disseminated, disclosed, or disposed of by or for the Federal Government in any medium or form. (6) Federal information system The term Federal information system means an information system used or operated by an agency, a contractor, an awardee, or another organization on behalf of an agency. (7) Intelligence community The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (8) Nationwide consumer reporting agency The term nationwide consumer reporting agency means a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) ). (9) Vulnerability disclosure The term vulnerability disclosure means a vulnerability identified under section 3559B. 3592. Notification of breach (a) Notification As expeditiously as practicable and without unreasonable delay, and in any case not later than 45 days after an agency has a reasonable basis to conclude that a breach has occurred, the head of the agency, in consultation with a senior privacy officer of the agency, shall— (1) determine whether notice to any individual potentially affected by the breach is appropriate based on an assessment of the risk of harm to the individual that considers— (A) the nature and sensitivity of the personally identifiable information affected by the breach; (B) the likelihood of access to and use of the personally identifiable information affected by the breach; (C) the type of breach; and (D) any other factors determined by the Director; and (2) as appropriate, provide written notice in accordance with subsection (b) to each individual potentially affected by the breach— (A) to the last known mailing address of the individual; or (B) through an appropriate alternative method of notification that the head of the agency or a designated senior-level individual of the agency selects based on factors determined by the Director. (b) Contents of notice Each notice of a breach provided to an individual under subsection (a)(2) shall include— (1) a brief description of the breach; (2) if possible, a description of the types of personally identifiable information affected by the breach; (3) contact information of the agency that may be used to ask questions of the agency, which— (A) shall include an e-mail address or another digital contact mechanism; and (B) may include a telephone number, mailing address, or a website; (4) information on any remedy being offered by the agency; (5) any applicable educational materials relating to what individuals can do in response to a breach that potentially affects their personally identifiable information, including relevant contact information for Federal law enforcement agencies and each nationwide consumer reporting agency; and (6) any other appropriate information, as determined by the head of the agency or established in guidance by the Director. (c) Delay of notification (1) In general The Attorney General, the Director of National Intelligence, or the Secretary of Homeland Security may delay a notification required under subsection (a) or (d) if the notification would— (A) impede a criminal investigation or a national security activity; (B) reveal sensitive sources and methods; (C) cause damage to national security; or (D) hamper security remediation actions. (2) Documentation (A) In general Any delay under paragraph (1) shall be reported in writing to the Director, the Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the head of the agency and the inspector general of the agency that experienced the breach. (B) Contents A report required under subparagraph (A) shall include a written statement from the entity that delayed the notification explaining the need for the delay. (C) Form The report required under subparagraph (A) shall be unclassified but may include a classified annex. (3) Renewal A delay under paragraph (1) shall be for a period of 60 days and may be renewed. (d) Update notification If an agency determines there is a significant change in the reasonable basis to conclude that a breach occurred, a significant change to the determination made under subsection (a)(1), or that it is necessary to update the details of the information provided to potentially affected individuals as described in subsection (b), the agency shall as expeditiously as practicable and without unreasonable delay, and in any case not later than 30 days after such a determination, notify each individual who received a notification pursuant to subsection (a) of those changes. (e) Rule of construction Nothing in this section shall be construed to limit— (1) the Director from issuing guidance relating to notifications or the head of an agency from notifying individuals potentially affected by breaches that are not determined to be major incidents; or (2) the Director from issuing guidance relating to notifications of major incidents or the head of an agency from providing more information than described in subsection (b) when notifying individuals potentially affected by breaches. 3593. Congressional and Executive Branch reports (a) Initial report (1) In general Not later than 72 hours after an agency has a reasonable basis to conclude that a major incident occurred, the head of the agency impacted by the major incident shall submit to the appropriate reporting entities a written report and, to the extent practicable, provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security of the House of Representatives, and the appropriate authorization and appropriations committees of Congress, taking into account— (A) the information known at the time of the report; (B) the sensitivity of the details associated with the major incident; and (C) the classification level of the information contained in the report. (2) Contents A report required under paragraph (1) shall include, in a manner that excludes or otherwise reasonably protects personally identifiable information and to the extent permitted by applicable law, including privacy and statistical laws— (A) a summary of the information available about the major incident, including how the major incident occurred, information indicating that the major incident may be a breach, and information relating to the major incident as a breach, based on information available to agency officials as of the date on which the agency submits the report; (B) if applicable, a description and any associated documentation of any circumstances necessitating a delay in a notification to individuals potentially affected by the major incident under section 3592(c); (C) if applicable, an assessment of the impacts to the agency, the Federal Government, or the security of the United States, based on information available to agency officials on the date on which the agency submits the report; and (D) if applicable, whether any ransom has been demanded or paid, or plans to be paid, by any entity operating a Federal information system or with access to a Federal information system, unless disclosure of such information may disrupt an active Federal law enforcement or national security operation. (b) Supplemental report Within a reasonable amount of time, but not later than 30 days after the date on which an agency submits a written report under subsection (a), the head of the agency shall provide to the appropriate reporting entities written updates, which may include classified annexes, on the major incident and, to the extent practicable, provide a briefing, which may include a classified component, to the congressional committees described in subsection (a)(1), including summaries of— (1) vulnerabilities, means by which the major incident occurred, and impacts to the agency relating to the major incident; (2) any risk assessment and subsequent risk-based security implementation of the affected information system before the date on which the major incident occurred; (3) the status of compliance of the affected information system with applicable security requirements that are directly related to the cause of the incident, at the time of the major incident; (4) an estimate of the number of individuals potentially affected by the major incident based on information available to agency officials as of the date on which the agency provides the update; (5) an assessment of the risk of harm to individuals potentially affected by the major incident based on information available to agency officials as of the date on which the agency provides the update; (6) an update to the assessment of the risk to agency operations, or to impacts on other agency or non-Federal entity operations, affected by the major incident based on information available to agency officials as of the date on which the agency provides the update; (7) the detection, response, and remediation actions of the agency, including any support provided by the Cybersecurity and Infrastructure Security Agency under section 3594(d) and status updates on the notification process described in section 3592(a), including any delay described in section 3592(c), if applicable; and (8) if applicable, a description of any circumstances or data leading the head of the agency to determine, pursuant to section 3592(a)(1), not to notify individuals potentially impacted by a breach. (c) Update report If the agency determines that there is any significant change in the understanding of the agency of the scope, scale, or consequence of a major incident for which an agency submitted a written report under subsection (a), the agency shall provide an updated report to the appropriate reporting entities that includes information relating to the change in understanding. (d) Biannual report Each agency shall submit as part of the biannual report required under section 3554(c)(1) of this title a description of each major incident that occurred during the 2-year period preceding the date on which the biannual report is submitted. (e) Delay and lack of notification report (1) In general The Director shall submit to the appropriate reporting entities an annual report on all notification delays granted pursuant to section 3592(c). (2) Lack of breach notification The Director shall submit to the appropriate reporting entities an annual report on each breach with respect to which the head of an agency determined, pursuant to section 3592(a)(1), not to notify individuals potentially impacted by the breach. (3) Component of other report The Director may submit the report required under paragraph (1) as a component of the annual report submitted under section 3597(b). (f) Report delivery Any written report required to be submitted under this section may be submitted in a paper or electronic format. (g) Threat briefing (1) In general Not later than 7 days after the date on which an agency has a reasonable basis to conclude that a major incident occurred, the head of the agency, jointly with the Director, the National Cyber Director and any other Federal entity determined appropriate by the National Cyber Director, shall provide a briefing to the congressional committees described in subsection (a)(1) on the threat causing the major incident. (2) Components The briefing required under paragraph (1)— (A) shall, to the greatest extent practicable, include an unclassified component; and (B) may include a classified component. (h) Rule of construction Nothing in this section shall be construed to limit— (1) the ability of an agency to provide additional reports or briefings to Congress; or (2) Congress from requesting additional information from agencies through reports, briefings, or other means. 3594. Government information sharing and incident response (a) In general (1) Incident reporting Subject to the limitations described in subsection (b), the head of each agency shall provide any information relating to any incident affecting the agency, whether the information is obtained by the Federal Government directly or indirectly, to the Cybersecurity and Infrastructure Security Agency. (2) Contents A provision of information relating to an incident made by the head of an agency under paragraph (1) shall— (A) include detailed information about the safeguards that were in place when the incident occurred; (B) whether the agency implemented the safeguards described in subparagraph (A) correctly; (C) in order to protect against a similar incident, identify— (i) how the safeguards described in subparagraph (A) should be implemented differently; and (ii) additional necessary safeguards; and (D) include information to aid in incident response, such as— (i) a description of the affected systems or networks; (ii) the estimated dates of when the incident occurred; and (iii) information that could reasonably help identify the party that conducted the incident or the cause of the incident, subject to appropriate privacy protections. (3) Information sharing The Director of the Cybersecurity and Infrastructure Security Agency shall— (A) make incident information provided under paragraph (1) available to the Director and the National Cyber Director; (B) to the greatest extent practicable, share information relating to an incident with the head of any agency that may be— (i) impacted by the incident; (ii) similarly susceptible to the incident; or (iii) similarly targeted by the incident; and (C) coordinate any necessary information sharing efforts relating to a major incident with the private sector. (4) National security systems Each agency operating or exercising control of a national security system shall share information about incidents that occur on national security systems with the Director of the Cybersecurity and Infrastructure Security Agency to the extent consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President. (b) Compliance In providing information and selecting a method to provide information under subsection (a), the head of each agency shall take into account the level of classification of the information and any information sharing limitations and protections, such as limitations and protections relating to law enforcement, national security, privacy, statistical confidentiality, or other factors determined by the Director in order to implement subsection (a)(1) in a manner that enables automated and consistent reporting to the greatest extent practicable. (c) Incident response Each agency that has a reasonable basis to conclude that a major incident occurred involving Federal information in electronic medium or form that does not exclusively involve a national security system, regardless of delays from notification granted for a major incident that is also a breach, shall coordinate with the Cybersecurity and Infrastructure Security Agency to facilitate asset response activities and provide recommendations for mitigating future incidents. 3595. Responsibilities of contractors and awardees (a) Reporting (1) In general Unless otherwise specified in a contract, grant, cooperative agreement, or an other transaction agreement, any contractor or awardee of an agency shall report to the agency within the same amount of time such agency is required to report an incident to the Cybersecurity and Infrastructure Security Agency, if the contractor or awardee has a reasonable basis to suspect or conclude that— (A) an incident or breach has occurred with respect to Federal information collected, used, or maintained by the contractor or awardee in connection with the contract, grant, cooperative agreement, or other transaction agreement of the contractor or awardee; (B) an incident or breach has occurred with respect to a Federal information system used or operated by the contractor or awardee in connection with the contract, grant, cooperative agreement, or other transaction agreement of the contractor or awardee; or (C) the contractor or awardee has received information from the agency that the contractor or awardee is not authorized to receive in connection with the contract, grant, cooperative agreement, or other transaction agreement of the contractor or awardee. (2) Procedures (A) Major incident Following a report of a breach or major incident by a contractor or awardee under paragraph (1), the agency, in consultation with the contractor or awardee, shall carry out the requirements under sections 3592, 3593, and 3594 with respect to the major incident. (B) Incident Following a report of an incident by a contractor or awardee under paragraph (1), an agency, in consultation with the contractor or awardee, shall carry out the requirements under section 3594 with respect to the incident. (b) Effective date This section shall apply— (1) on and after the date that is 1 year after the date of enactment of the Federal Information Security Modernization Act of 2022 ; and (2) with respect to any contract entered into on or after the date described in paragraph (1). 3596. Training (a) Covered individual defined In this section, the term covered individual means an individual who obtains access to Federal information or Federal information systems because of the status of the individual as an employee, contractor, awardee, volunteer, or intern of an agency. (b) Requirement The head of each agency shall develop training for covered individuals on how to identify and respond to an incident, including— (1) the internal process of the agency for reporting an incident; and (2) the obligation of a covered individual to report to the agency a confirmed major incident and any suspected incident involving information in any medium or form, including paper, oral, and electronic. (c) Inclusion in annual training The training developed under subsection (b) may be included as part of an annual privacy or security awareness training of an agency. 3597. Analysis and report on Federal incidents (a) Analysis of federal incidents (1) Quantitative and qualitative analyses The Director of the Cybersecurity and Infrastructure Security Agency shall develop, in consultation with the Director and the National Cyber Director, and perform continuous monitoring and quantitative and qualitative analyses of incidents at agencies, including major incidents, including— (A) the causes of incidents, including— (i) attacker tactics, techniques, and procedures; and (ii) system vulnerabilities, including zero days, unpatched systems, and information system misconfigurations; (B) the scope and scale of incidents at agencies; (C) common root causes of incidents across multiple Federal agencies; (D) agency incident response, recovery, and remediation actions and the effectiveness of those actions, as applicable; (E) lessons learned and recommendations in responding to, recovering from, remediating, and mitigating future incidents; and (F) trends across multiple Federal agencies to address intrusion detection and incident response capabilities using the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ). (2) Automated analysis The analyses developed under paragraph (1) shall, to the greatest extent practicable, use machine readable data, automation, and machine learning processes. (3) Sharing of data and analysis (A) In general The Director shall share on an ongoing basis the analyses required under this subsection with agencies and the National Cyber Director to— (i) improve the understanding of cybersecurity risk of agencies; and (ii) support the cybersecurity improvement efforts of agencies. (B) Format In carrying out subparagraph (A), the Director shall share the analyses— (i) in human-readable written products; and (ii) to the greatest extent practicable, in machine-readable formats in order to enable automated intake and use by agencies. (b) Annual report on Federal incidents Not later than 2 years after the date of enactment of this section, and not less frequently than annually thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, the National Cyber Director and the heads of other Federal agencies, as appropriate, shall submit to the appropriate reporting entities a report that includes— (1) a summary of causes of incidents from across the Federal Government that categorizes those incidents as incidents or major incidents; (2) the quantitative and qualitative analyses of incidents developed under subsection (a)(1) on an agency-by-agency basis and comprehensively across the Federal Government, including— (A) a specific analysis of breaches; and (B) an analysis of the Federal Government’s performance against the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ); and (3) an annex for each agency that includes— (A) a description of each major incident; (B) the total number of incidents of the agency; and (C) an analysis of the agency’s performance against the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ). (c) Publication (1) In general A version of each report submitted under subsection (b) shall be made publicly available on the website of the Cybersecurity and Infrastructure Security Agency during the year in which the report is submitted. (2) Exemption The Director of the Cybersecurity and Infrastructure Security Agency may exempt all or a portion of a report described in paragraph (1) from public publication if the Director of the Cybersecurity and Infrastructure Security Agency determines the exemption is in the interest of national security. (3) Limitation on exemption An exemption granted under paragraph (2) shall not apply to any version of a report submitted to the appropriate reporting entities under subsection (b). (d) Information provided by agencies (1) In general The analysis required under subsection (a) and each report submitted under subsection (b) shall use information provided by agencies under section 3594(a). (2) Noncompliance reports (A) In general Subject to subparagraph (B), during any year during which the head of an agency does not provide data for an incident to the Cybersecurity and Infrastructure Security Agency in accordance with section 3594(a), the head of the agency, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and the Director, shall submit to the appropriate reporting entities a report that includes the information described in subsection (b) with respect to the agency. (B) Exception for national security systems The head of an agency that owns or exercises control of a national security system shall not include data for an incident that occurs on a national security system in any report submitted under subparagraph (A). (3) National security system reports (A) In general Annually, the head of an agency that operates or exercises control of a national security system shall submit a report that includes the information described in subsection (b) with respect to the national security system to the extent that the submission is consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President to— (i) the majority and minority leaders of the Senate, (ii) the Speaker and minority leader of the House of Representatives; (iii) the Committee on Homeland Security and Governmental Affairs of the Senate; (iv) the Select Committee on Intelligence of the Senate; (v) the Committee on Armed Services of the Senate; (vi) the Committee on Appropriations of the Senate; (vii) the Committee on Oversight and Reform of the House of Representatives; (viii) the Committee on Homeland Security of the House of Representatives; (ix) the Permanent Select Committee on Intelligence of the House of Representatives; (x) the Committee on Armed Services of the House of Representatives; and (xi) the Committee on Appropriations of the House of Representatives. (B) Classified form A report required under subparagraph (A) may be submitted in a classified form. (e) Requirement for compiling information In publishing the public report required under subsection (c), the Director of the Cybersecurity and Infrastructure Security Agency shall sufficiently compile information such that no specific incident of an agency can be identified, except with the concurrence of the Director of the Office of Management and Budget and in consultation with the impacted agency. 3598. Major incident definition (a) In general Not later than 180 days after the date of enactment of the Federal Information Security Modernization Act of 2022 , the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director, shall develop and promulgate guidance on the definition of the term major incident for the purposes of subchapter II and this subchapter. (b) Requirements With respect to the guidance issued under subsection (a), the definition of the term major incident shall— (1) include, with respect to any information collected or maintained by or on behalf of an agency or an information system used or operated by an agency or by a contractor of an agency or another organization on behalf of an agency— (A) any incident the head of the agency determines is likely to have an impact on— (i) the national security, homeland security, or economic security of the United States; or (ii) the civil liberties or public health and safety of the people of the United States; (B) any incident the head of the agency determines likely to result in an inability for the agency, a component of the agency, or the Federal Government, to provide 1 or more critical services; (C) any incident that the head of an agency, in consultation with a senior privacy officer of the agency, determines is likely to have a significant privacy impact on 1 or more individual; (D) any incident that the head of the agency, in consultation with a senior privacy official of the agency, determines is likely to have a substantial privacy impact on a significant number of individuals; (E) any incident the head of the agency determines substantially disrupts the operations of a high value asset owned or operated by the agency; (F) any incident involving the exposure of sensitive agency information to a foreign entity, such as the communications of the head of the agency, the head of a component of the agency, or the direct reports of the head of the agency or the head of a component of the agency; and (G) any other type of incident determined appropriate by the Director; (2) stipulate that the National Cyber Director, in consultation with the Director, shall declare a major incident at each agency impacted by an incident if it is determined that an incident— (A) occurs at not less than 2 agencies; and (B) is enabled by— (i) a common technical root cause, such as a supply chain compromise, a common software or hardware vulnerability; or (ii) the related activities of a common threat actor; and (3) stipulate that, in determining whether an incident constitutes a major incident because that incident is any incident described in paragraph (1), the head of the agency shall consult with the National Cyber Director and may consult with the Director of the Cybersecurity and Infrastructure Security Agency. (c) Significant number of individuals In determining what constitutes a significant number of individuals under subsection (b)(1)(D), the Director— (1) may determine a threshold for a minimum number of individuals that constitutes a significant amount; and (2) may not determine a threshold described in paragraph (1) that exceeds 5,000 individuals. (d) Evaluation and updates Not later than 2 years after the date of enactment of the Federal Information Security Modernization Act of 2022 , and not less frequently than every 2 years thereafter, the Director shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives, which shall include— (1) an evaluation of any necessary updates to the guidance issued under subsection (a); (2) an evaluation of any necessary updates to the definition of the term major incident included in the guidance issued under subsection (a); and (3) an explanation of, and the analysis that led to, the definition described in paragraph (2). . (2) Clerical amendment The table of sections for chapter 35 of title 44, United States Code, is amended by adding at the end the following: SUBCHAPTER IV—Federal System Incident Response 3591. Definitions 3592. Notification of breach 3593. Congressional and Executive Branch reports 3594. Government information sharing and incident response 3595. Responsibilities of contractors and awardees 3596. Training 3597. Analysis and report on Federal incidents 3598. Major incident definition . 104. Amendments to subtitle III of title 40 (a) Modernizing Government Technology Subtitle G of title X of Division A of the National Defense Authorization Act for Fiscal Year 2018 ( 40 U.S.C. 11301 note) is amended in section 1078— (1) by striking subsection (a) and inserting the following: (a) Definitions In this section: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) High value asset The term high value asset has the meaning given the term in section 3552 of title 44, United States Code. ; (2) in subsection (b), by adding at the end the following: (8) Proposal evaluation The Director shall— (A) give consideration for the use of amounts in the Fund to improve the security of high value assets; and (B) require that any proposal for the use of amounts in the Fund includes a cybersecurity plan, including a supply chain risk management plan, to be reviewed by the member of the Technology Modernization Board described in subsection (c)(5)(C). ; and (3) in subsection (c)— (A) in paragraph (2)(A)(i), by inserting , including a consideration of the impact on high value assets after operational risks ; (B) in paragraph (5)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period at the end and inserting and ; and (iii) by adding at the end the following: (C) a senior official from the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, appointed by the Director. ; and (C) in paragraph (6)(A), by striking shall be— and all that follows through 4 employees and inserting shall be 4 employees . (b) Subchapter I Subchapter I of chapter 113 of subtitle III of title 40, United States Code, is amended— (1) in section 11302— (A) in subsection (b), by striking use, security, and disposal of and inserting use, and disposal of, and, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director, promote and improve the security of, ; (B) in subsection (c)— (i) in paragraph (3)— (I) in subparagraph (A)— (aa) by striking including data and inserting which shall— (i) include data ; and (bb) by adding at the end the following: (ii) specifically denote cybersecurity funding under the risk-based cyber budget model developed pursuant to section 3553(a)(7) of title 44. ; and (II) in subparagraph (B), by adding at the end the following: (iii) The Director shall provide to the National Cyber Director any cybersecurity funding information described in subparagraph (A)(ii) that is provided to the Director under clause (ii) of this subparagraph. ; (C) in subsection (f)— (i) by striking heads of executive agencies to develop and inserting “heads of executive agencies to— (1) develop ; (ii) in paragraph (1), as so designated, by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (2) consult with the Director of the Cybersecurity and Infrastructure Security Agency for the development and use of supply chain security best practices. ; and (D) in subsection (h), by inserting , including cybersecurity performances, after the performances ; and (2) in section 11303(b)— (A) in paragraph (2)(B)— (i) in clause (i), by striking or at the end; (ii) in clause (ii), by adding or at the end; and (iii) by adding at the end the following: (iii) whether the function should be performed by a shared service offered by another executive agency; ; and (B) in paragraph (5)(B)(i), by inserting , while taking into account the risk-based cyber budget model developed pursuant to section 3553(a)(7) of title 44 after title 31 . (c) Subchapter II Subchapter II of chapter 113 of subtitle III of title 40, United States Code, is amended— (1) in section 11312(a), by inserting , including security risks after managing the risks ; (2) in section 11313(1), by striking efficiency and effectiveness and inserting efficiency, security, and effectiveness ; (3) in section 11315, by adding at the end the following: (d) Component agency chief information officers The Chief Information Officer or an equivalent official of a component agency shall report to— (1) the Chief Information Officer designated under section 3506(a)(2) of title 44 or an equivalent official of the agency of which the component agency is a component; and (2) the head of the component agency. (e) Reporting structure exemption (1) In general On annual basis, the Director may exempt any agency from the reporting structure requirements under subsection (d). (2) Report On an annual basis, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report that includes a list of each exemption granted under paragraph (1) and the associated rationale for each exemption. (3) Component of other report The report required under paragraph (2) may be incorporated into any other annual report required under chapter 35 of title 44, United States Code. ; (4) in section 11317, by inserting security, before or schedule ; and (5) in section 11319(b)(1), in the paragraph heading, by striking CIOS and inserting Chief Information Officers . (d) Subchapter III Section 11331 of title 40, United States Code, is amended— (1) in subsection (a), by striking section 3532(b)(1) and inserting section 3552(b) ; (2) in subsection (b)(1)(A), by striking the Secretary of Homeland Security and inserting the Director of the Cybersecurity and Infrastructure Security Agency ; (3) by striking subsection (c) and inserting the following: (c) Application of more stringent standards (1) In general The head of an agency shall— (A) evaluate, in consultation with the senior agency information security officers, the need to employ standards for cost-effective, risk-based information security for all systems, operations, and assets within or under the supervision of the agency that are more stringent than the standards promulgated by the Director under this section, if such standards contain, at a minimum, the provisions of those applicable standards made compulsory and binding by the Director; and (B) to the greatest extent practicable and if the head of the agency determines that the standards described in subparagraph (A) are necessary, employ those standards. (2) Evaluation of more stringent standards In evaluating the need to employ more stringent standards under paragraph (1), the head of an agency shall consider available risk information, such as— (A) the status of cybersecurity remedial actions of the agency; (B) any vulnerability information relating to agency systems that is known to the agency; (C) incident information of the agency; (D) information from— (i) penetration testing performed under section 3559A of title 44; and (ii) information from the vulnerability disclosure program established under section 3559B of title 44; (E) agency threat hunting results under section 112 of the Federal Information Security Modernization Act of 2022 ; (F) Federal and non-Federal cyber threat intelligence; (G) data on compliance with standards issued under this section; (H) agency system risk assessments performed under section 3554(a)(1)(A) of title 44; and (I) any other information determined relevant by the head of the agency. ; (4) in subsection (d)(2)— (A) in the paragraph heading, by striking Notice and comment and inserting Consultation, notice, and comment ; (B) by inserting promulgate, before significantly modify ; and (C) by striking shall be made after the public is given an opportunity to comment on the Director’s proposed decision. and inserting “shall be made— (A) for a decision to significantly modify or not promulgate such a proposed standard, after the public is given an opportunity to comment on the Director’s proposed decision; (B) in consultation with the Chief Information Officers Council, the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, the Comptroller General of the United States, and the Council of the Inspectors General on Integrity and Efficiency; (C) considering the Federal risk assessments performed under section 3553(i) of title 44; and (D) considering the extent to which the proposed standard reduces risk relative to the cost of implementation of the standard. ; and (5) by adding at the end the following: (e) Review of office of management and budget guidance and policy (1) Conduct of review (A) In general Not less frequently than once every 3 years, the Director of the Office of Management and Budget, in consultation with the Chief Information Officers Council, the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, the Comptroller General of the United States, and the Council of the Inspectors General on Integrity and Efficiency, shall review the efficacy of the guidance and policy promulgated by the Director in reducing cybersecurity risks, including an assessment of the requirements for agencies to report information to the Director, and determine whether any changes to that guidance or policy is appropriate. (B) Federal risk assessments In conducting the review described in subparagraph (A), the Director shall consider the Federal risk assessments performed under section 3553(i) of title 44. (C) Requirements burden reduction and clarity In conducting the review described in subparagraph (A), the Director shall consider— (i) the cumulative reporting and compliance burden to agencies; and (ii) the clarity of the requirements and deadlines contained in guidance and policy documents. (2) Updated guidance Not later than 90 days after the date on which a review is completed under paragraph (1), the Director of the Office of Management and Budget shall issue updated guidance or policy to agencies determined appropriate by the Director, based on the results of the review. (3) Public report Not later than 30 days after the date on which a review is completed under paragraph (1), the Director of the Office of Management and Budget shall make publicly available a report that includes— (A) an overview of the guidance and policy promulgated under this section that is currently in effect; (B) the cybersecurity risk mitigation, or other cybersecurity benefit, offered by each guidance or policy document described in subparagraph (A); and (C) a summary of the guidance or policy to which changes were determined appropriate during the review and what the changes are anticipated to include. (4) Congressional briefing Not later than 60 days after the date on which a review is completed under paragraph (1), the Director shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a briefing on the review. (f) Automated standard implementation verification When the Director of the National Institute of Standards and Technology issues a proposed standard pursuant to paragraphs (2) and (3) of section 20(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(a) ), the Director of the National Institute of Standards and Technology shall consider developing and, if appropriate and practical, develop, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, specifications to enable the automated verification of the implementation of the controls within the standard. . 105. Actions to enhance Federal incident transparency (a) Responsibilities of the cybersecurity and infrastructure security agency (1) In general Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall— (A) develop a plan for the development of the analysis required under section 3597(a) of title 44, United States Code, as added by this title, and the report required under subsection (b) of that section that includes— (i) a description of any challenges the Director of the Cybersecurity and Infrastructure Security Agency anticipates encountering; and (ii) the use of automation and machine-readable formats for collecting, compiling, monitoring, and analyzing data; and (B) provide to the appropriate congressional committees a briefing on the plan developed under subparagraph (A). (2) Briefing Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the appropriate congressional committees a briefing on— (A) the execution of the plan required under paragraph (1)(A); and (B) the development of the report required under section 3597(b) of title 44, United States Code, as added by this title. (b) Responsibilities of the director of the office of management and budget (1) FISMA Section 2 of the Federal Information Security Modernization Act of 2014 ( 44 U.S.C. 3554 note) is amended— (A) by striking subsection (b); and (B) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively. (2) Incident data sharing (A) In general The Director shall develop guidance, to be updated not less frequently than once every 2 years, on the content, timeliness, and format of the information provided by agencies under section 3594(a) of title 44, United States Code, as added by this title. (B) Requirements The guidance developed under subparagraph (A) shall— (i) prioritize the availability of data necessary to understand and analyze— (I) the causes of incidents; (II) the scope and scale of incidents within the environments and systems of an agency; (III) a root cause analysis of incidents that— (aa) are common across the Federal Government; or (bb) have a Government-wide impact; (IV) agency response, recovery, and remediation actions and the effectiveness of those actions; and (V) the impact of incidents; (ii) enable the efficient development of— (I) lessons learned and recommendations in responding to, recovering from, remediating, and mitigating future incidents; and (II) the report on Federal incidents required under section 3597(b) of title 44, United States Code, as added by this title; (iii) include requirements for the timeliness of data production; and (iv) include requirements for using automation and machine-readable data for data sharing and availability. (3) Guidance on responding to information requests Not later than 1 year after the date of enactment of this Act, the Director shall develop guidance for agencies to implement the requirement under section 3594(c) of title 44, United States Code, as added by this title, to provide information to other agencies experiencing incidents. (4) Standard guidance and templates Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall develop guidance and templates, to be reviewed and, if necessary, updated not less frequently than once every 2 years, for use by Federal agencies in the activities required under sections 3592, 3593, and 3596 of title 44, United States Code, as added by this title. (5) Contractor and awardee guidance (A) In general Not later than 1 year after the date of enactment of this Act, the Director, in coordination with the Secretary of Homeland Security, the Secretary of Defense, the Administrator of General Services, and the heads of other agencies determined appropriate by the Director, shall issue guidance to Federal agencies on how to deconflict, to the greatest extent practicable, existing regulations, policies, and procedures relating to the responsibilities of contractors and awardees established under section 3595 of title 44, United States Code, as added by this title. (B) Existing processes To the greatest extent practicable, the guidance issued under subparagraph (A) shall allow contractors and awardees to use existing processes for notifying Federal agencies of incidents involving information of the Federal Government. (6) Updated briefings Not less frequently than once every 2 years, the Director shall provide to the appropriate congressional committees an update on the guidance and templates developed under paragraphs (2) through (4). (c) Update to the privacy act of 1974 Section 552a(b) of title 5, United States Code (commonly known as the Privacy Act of 1974 ) is amended— (1) in paragraph (11), by striking or at the end; (2) in paragraph (12), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (13) to another agency in furtherance of a response to an incident (as defined in section 3552 of title 44) and pursuant to the information sharing requirements in section 3594 of title 44 if the head of the requesting agency has made a written request to the agency that maintains the record specifying the particular portion desired and the activity for which the record is sought. . 106. Additional guidance to agencies on FISMA updates Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance for agencies on— (1) performing the ongoing and continuous agency system risk assessment required under section 3554(a)(1)(A) of title 44, United States Code, as amended by this title; (2) implementing additional cybersecurity procedures, which shall include resources for shared services; (3) establishing a process for providing the status of each remedial action under section 3554(b)(7) of title 44, United States Code, as amended by this title, to the Director and the Cybersecurity and Infrastructure Security Agency using automation and machine-readable data, as practicable, which shall include— (A) specific guidance for the use of automation and machine-readable data; and (B) templates for providing the status of the remedial action; and (4) a requirement to coordinate with inspectors general of agencies to ensure consistent understanding and application of agency policies for the purpose of evaluations by inspectors general. 107. Agency requirements to notify private sector entities impacted by incidents (a) Definitions In this section: (1) Reporting entity The term reporting entity means private organization or governmental unit that is required by statute or regulation to submit sensitive information to an agency. (2) Sensitive information The term sensitive information has the meaning given the term by the Director in guidance issued under subsection (b). (b) Guidance on notification of reporting entities Not later than 180 days after the date of enactment of this Act, the Director shall issue guidance requiring the head of each agency to notify a reporting entity of an incident that is likely to substantially affect— (1) the confidentiality or integrity of sensitive information submitted by the reporting entity to the agency pursuant to a statutory or regulatory requirement; or (2) the agency information system or systems used in the transmission or storage of the sensitive information described in paragraph (1). 108. Mobile security standards (a) In general Not later than 1 year after the date of enactment of this Act, the Director shall— (1) evaluate mobile application security guidance promulgated by the Director; and (2) issue guidance to secure mobile devices, including for mobile applications, for every agency. (b) Contents The guidance issued under subsection (a)(2) shall include— (1) a requirement, pursuant to section 3506(b)(4) of title 44, United States Code, for every agency to maintain a continuous inventory of every— (A) mobile device operated by or on behalf of the agency; and (B) vulnerability identified by the agency associated with a mobile device; and (2) a requirement for every agency to perform continuous evaluation of the vulnerabilities described in paragraph (1)(B) and other risks associated with the use of applications on mobile devices. (c) Information sharing The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance to agencies for sharing the inventory of the agency required under subsection (b)(1) with the Director of the Cybersecurity and Infrastructure Security Agency, using automation and machine-readable data to the greatest extent practicable. (d) Briefing Not later than 60 days after the date on which the Director issues guidance under subsection (a)(2), the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall provide to the appropriate congressional committees a briefing on the guidance. 109. Data and logging retention for incident response (a) Recommendations Not later than 2 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Attorney General, shall submit to the Director recommendations on requirements for logging events on agency systems and retaining other relevant data within the systems and networks of an agency. (b) Contents The recommendations provided under subsection (a) shall include— (1) the types of logs to be maintained; (2) the duration that logs and other relevant data should be retained; (3) the time periods for agency implementation of recommended logging and security requirements; (4) how to ensure the confidentiality, integrity, and availability of logs; (5) requirements to ensure that, upon request, in a manner that excludes or otherwise reasonably protects personally identifiable information, and to the extent permitted by applicable law (including privacy and statistical laws), agencies provide logs to— (A) the Director of the Cybersecurity and Infrastructure Security Agency for a cybersecurity purpose; and (B) the Director of the Federal Bureau of Investigation, or the appropriate Federal law enforcement agency, to investigate potential criminal activity; and (6) requirements to ensure that, subject to compliance with statistical laws and other relevant data protection requirements, the highest level security operations center of each agency has visibility into all agency logs. (c) Guidance Not later than 90 days after receiving the recommendations submitted under subsection (a), the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the Attorney General, shall, as determined to be appropriate by the Director, update guidance to agencies regarding requirements for logging, log retention, log management, sharing of log data with other appropriate agencies, or any other logging activity determined to be appropriate by the Director. (d) Sunset This section shall cease to have force or effect on the date that is 10 years after the date of the enactment of this Act. 110. CISA agency advisors (a) In general Not later than 120 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall assign not less than 1 cybersecurity professional employed by the Cybersecurity and Infrastructure Security Agency to be the Cybersecurity and Infrastructure Security Agency advisor to the senior agency information security officer of each agency. (b) Qualifications Each advisor assigned under subsection (a) shall have knowledge of— (1) cybersecurity threats facing agencies, including any specific threats to the assigned agency; (2) performing risk assessments of agency systems; and (3) other Federal cybersecurity initiatives. (c) Duties The duties of each advisor assigned under subsection (a) shall include— (1) providing ongoing assistance and advice, as requested, to the agency Chief Information Officer; (2) serving as an incident response point of contact between the assigned agency and the Cybersecurity and Infrastructure Security Agency; and (3) familiarizing themselves with agency systems, processes, and procedures to better facilitate support to the agency in responding to incidents. (d) Limitation An advisor assigned under subsection (a) shall not be a contractor. (e) Multiple assignments One individual advisor may be assigned to multiple agency Chief Information Officers under subsection (a). 111. Federal penetration testing policy (a) In general Subchapter II of chapter 35 of title 44, United States Code, is amended by adding at the end the following: 3559A. Federal penetration testing (a) Definitions In this section: (1) Agency operational plan The term agency operational plan means a plan of an agency for the use of penetration testing. (2) Rules of engagement The term rules of engagement means a set of rules established by an agency for the use of penetration testing. (b) Guidance (1) In general The Director, in consultation with the Secretary, acting through the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance to agencies that— (A) requires agencies to use, when and where appropriate, penetration testing on agency systems by both Federal and non-Federal entities; and (B) requires agencies to develop an agency operational plan and rules of engagement that meet the requirements under subsection (c). (2) Penetration testing guidance The guidance issued under this section shall— (A) permit an agency to use, for the purpose of performing penetration testing— (i) a shared service of the agency or another agency; or (ii) an external entity, such as a vendor; and (B) require agencies to provide the rules of engagement and results of penetration testing to the Director and the Director of the Cybersecurity and Infrastructure Security Agency, without regard to the status of the entity that performs the penetration testing. (c) Agency plans and rules of engagement The agency operational plan and rules of engagement of an agency shall— (1) require the agency to— (A) perform penetration testing, including on the high value assets of the agency; or (B) coordinate with the Director of the Cybersecurity and Infrastructure Security Agency to ensure that penetration testing is being performed; (2) establish guidelines for avoiding, as a result of penetration testing— (A) adverse impacts to the operations of the agency; (B) adverse impacts to operational environments and systems of the agency; and (C) inappropriate access to data; (3) require the results of penetration testing to include feedback to improve the cybersecurity of the agency; and (4) include mechanisms for providing consistently formatted, and, if applicable, automated and machine-readable, data to the Director and the Director of the Cybersecurity and Infrastructure Security Agency. (d) Responsibilities of CISA The Director of the Cybersecurity and Infrastructure Security Agency shall— (1) establish a process to assess the performance of penetration testing by both Federal and non-Federal entities that establishes minimum quality controls for penetration testing; (2) develop operational guidance for instituting penetration testing programs at agencies; (3) develop and maintain a centralized capability to offer penetration testing as a service to Federal and non-Federal entities; and (4) provide guidance to agencies on the best use of penetration testing resources. (e) Responsibilities of OMB The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall— (1) not less frequently than annually, inventory all Federal penetration testing assets; and (2) develop and maintain a standardized process for the use of penetration testing. (f) Prioritization of penetration testing resources (1) In general The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall develop a framework for prioritizing Federal penetration testing resources among agencies. (2) Considerations In developing the framework under this subsection, the Director shall consider— (A) agency system risk assessments performed under section 3554(a)(1)(A); (B) the Federal risk assessment performed under section 3553(i); (C) the analysis of Federal incident data performed under section 3597; and (D) any other information determined appropriate by the Director or the Director of the Cybersecurity and Infrastructure Security Agency. (g) Exception for national security systems The guidance issued under subsection (b) shall not apply to national security systems. (h) Delegation of authority for certain systems The authorities of the Director described in subsection (b) shall be delegated— (1) to the Secretary of Defense in the case of systems described in section 3553(e)(2); and (2) to the Director of National Intelligence in the case of systems described in 3553(e)(3). . (b) Deadline for guidance Not later than 180 days after the date of enactment of this Act, the Director shall issue the guidance required under section 3559A(b) of title 44, United States Code, as added by subsection (a). (c) Clerical amendment The table of sections for chapter 35 of title 44, United States Code, is amended by adding after the item relating to section 3559 the following: 3559A. Federal penetration testing. . (d) Sunset (1) In general Effective on the date that is 10 years after the date of enactment of this Act, subchapter II of chapter 35 of title 44, United States Code, is amended by striking section 3559A. (2) Clerical amendment Effective on the date that is 10 years after the date of enactment of this Act, the table of sections for chapter 35 of title 44, United States Code, is amended by striking the item relating to section 3559A. 112. Ongoing threat hunting program (a) Threat hunting program (1) In general Not later than 540 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall establish a program to provide ongoing, hypothesis-driven threat-hunting services on the network of each agency. (2) Plan Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall develop a plan to establish the program required under paragraph (1) that describes how the Director of the Cybersecurity and Infrastructure Security Agency plans to— (A) determine the method for collecting, storing, accessing, analyzing, and safeguarding appropriate agency data; (B) provide on-premises support to agencies; (C) staff threat hunting services; (D) allocate available human and financial resources to implement the plan; and (E) provide input to the heads of agencies on the use of— (i) more stringent standards under section 11331(c)(1) of title 40, United States Code; and (ii) additional cybersecurity procedures under section 3554 of title 44, United States Code. (b) Reports The Director of the Cybersecurity and Infrastructure Security Agency shall submit to the appropriate congressional committees— (1) not later than 30 days after the date on which the Director of the Cybersecurity and Infrastructure Security Agency completes the plan required under subsection (a)(2), a report on the plan to provide threat hunting services to agencies; (2) not less than 30 days before the date on which the Director of the Cybersecurity and Infrastructure Security Agency begins providing threat hunting services under the program under subsection (a)(1), a report providing any updates to the plan developed under subsection (a)(2); and (3) not later than 1 year after the date on which the Director of the Cybersecurity and Infrastructure Security Agency begins providing threat hunting services to agencies other than the Cybersecurity and Infrastructure Security Agency, a report describing lessons learned from providing those services. 113. Codifying vulnerability disclosure programs (a) In general Chapter 35 of title 44, United States Code, is amended by inserting after section 3559A, as added by section 111 of this title, the following: 3559B. Federal vulnerability disclosure programs (a) Purpose; sense of Congress (1) Purpose The purpose of Federal vulnerability disclosure programs is to create a mechanism to use the expertise of the public to provide a service to Federal agencies by identifying information system vulnerabilities. (2) Sense of Congress It is the sense of Congress that, in implementing the requirements of this section, the Federal Government should take appropriate steps to reduce real and perceived burdens in communications between agencies and security researchers. (b) Definitions In this section: (1) Report The term report means a vulnerability disclosure made to an agency by a reporter. (2) Reporter The term reporter means an individual that submits a vulnerability report pursuant to the vulnerability disclosure process of an agency. (c) Responsibilities of OMB (1) Limitation on legal action The Director, in consultation with the Attorney General, shall issue guidance to agencies to not recommend or pursue legal action against a reporter or an individual that conducts a security research activity that the head of the agency determines— (A) represents a good faith effort to follow the vulnerability disclosure policy of the agency developed under subsection (e)(2); and (B) is authorized under the vulnerability disclosure policy of the agency developed under subsection (e)(2). (2) Sharing information with CISA The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and in consultation with the National Cyber Director, shall issue guidance to agencies on sharing relevant information in a consistent, automated, and machine readable manner with the Director of the Cybersecurity and Infrastructure Security Agency, including— (A) any valid or credible reports of newly discovered or not publicly known vulnerabilities (including misconfigurations) on Federal information systems that use commercial software or services; (B) information relating to vulnerability disclosure, coordination, or remediation activities of an agency, particularly as those activities relate to outside organizations— (i) with which the head of the agency believes the Director of the Cybersecurity and Infrastructure Security Agency can assist; or (ii) about which the head of the agency believes the Director of the Cybersecurity and Infrastructure Security Agency should know; and (C) any other information with respect to which the head of the agency determines helpful or necessary to involve the Director of the Cybersecurity and Infrastructure Security Agency. (3) Agency vulnerability disclosure policies The Director shall issue guidance to agencies on the required minimum scope of agency systems covered by the vulnerability disclosure policy of an agency required under subsection (e)(2). (d) Responsibilities of CISA The Director of the Cybersecurity and Infrastructure Security Agency shall— (1) provide support to agencies with respect to the implementation of the requirements of this section; (2) develop tools, processes, and other mechanisms determined appropriate to offer agencies capabilities to implement the requirements of this section; and (3) upon a request by an agency, assist the agency in the disclosure to vendors of newly identified vulnerabilities in vendor products and services. (e) Responsibilities of agencies (1) Public information The head of each agency shall make publicly available, with respect to each internet domain under the control of the agency that is not a national security system— (A) an appropriate security contact; and (B) the component of the agency that is responsible for the internet accessible services offered at the domain. (2) Vulnerability disclosure policy The head of each agency shall develop and make publicly available a vulnerability disclosure policy for the agency, which shall— (A) describe— (i) the scope of the systems of the agency included in the vulnerability disclosure policy; (ii) the type of information system testing that is authorized by the agency; (iii) the type of information system testing that is not authorized by the agency; and (iv) the disclosure policy of the agency for sensitive information; (B) with respect to a report to an agency, describe— (i) how the reporter should submit the report; and (ii) if the report is not anonymous, when the reporter should anticipate an acknowledgment of receipt of the report by the agency; (C) include any other relevant information; and (D) be mature in scope and cover every internet accessible Federal information system used or operated by that agency or on behalf of that agency. (3) Identified vulnerabilities The head of each agency shall incorporate any vulnerabilities reported under paragraph (2) into the vulnerability management process of the agency in order to track and remediate the vulnerability. (f) Congressional reporting Not later than 90 days after the date of enactment of the Federal Information Security Modernization Act of 2022 , and annually thereafter for a 3-year period, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a briefing on the status of the use of vulnerability disclosure policies under this section at agencies, including, with respect to the guidance issued under subsection (c)(3), an identification of the agencies that are compliant and not compliant. (g) Exemptions The authorities and functions of the Director and Director of the Cybersecurity and Infrastructure Security Agency under this section shall not apply to national security systems. (h) Delegation of authority for certain systems The authorities of the Director and the Director of the Cybersecurity and Infrastructure Security Agency described in this section shall be delegated— (1) to the Secretary of Defense in the case of systems described in section 3553(e)(2); and (2) to the Director of National Intelligence in the case of systems described in section 3553(e)(3). . (b) Clerical amendment The table of sections for chapter 35 of title 44, United States Code, is amended by adding after the item relating to section 3559A, as added by section 111, the following: 3559B. Federal vulnerability disclosure programs. . (c) Sunset (1) In general Effective on the date that is 10 years after the date of enactment of this Act, subchapter II of chapter 35 of title 44, United States Code, is amended by striking section 3559B. (2) Clerical amendment Effective on the date that is 10 years after the date of enactment of this Act, the table of sections for chapter 35 of title 44, United States Code, is amended by striking the item relating to section 3559B. 114. Implementing zero trust architecture (a) Guidance Not later than 18 months after the date of enactment of this Act, the Director shall provide an update to the appropriate congressional committees on progress in increasing the internal defenses of agency systems, including— (1) shifting away from trusted networks to implement security controls based on a presumption of compromise; (2) implementing principles of least privilege in administering information security programs; (3) limiting the ability of entities that cause incidents to move laterally through or between agency systems; (4) identifying incidents quickly; (5) isolating and removing unauthorized entities from agency systems as quickly as practicable, accounting for intelligence or law enforcement purposes; (6) otherwise increasing the resource costs for entities that cause incidents to be successful; and (7) a summary of the agency progress reports required under subsection (b). (b) Agency progress reports Not later than 270 days after the date of enactment of this Act, the head of each agency shall submit to the Director a progress report on implementing an information security program based on the presumption of compromise and least privilege principles, which shall include— (1) a description of any steps the agency has completed, including progress toward achieving requirements issued by the Director, including the adoption of any models or reference architecture; (2) an identification of activities that have not yet been completed and that would have the most immediate security impact; and (3) a schedule to implement any planned activities. 115. Automation reports (a) OMB report Not later than 180 days after the date of enactment of this Act, the Director shall provide to the appropriate congressional committees an update on the use of automation under paragraphs (1), (5)(C), and (8)(B) of section 3554(b) of title 44, United States Code. (b) GAO report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall perform a study on the use of automation and machine readable data across the Federal Government for cybersecurity purposes, including the automated updating of cybersecurity tools, sensors, or processes by agencies. 116. Extension of Federal acquisition security council and software inventory (a) Extension Section 1328 of title 41, United States Code, is amended by striking the date that and all that follows and inserting December 31, 2026. . (b) Requirement Subsection 1326(b) of title 41, United States Code, is amended— (1) in paragraph (5), by striking and at the end; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: (6) maintaining an up-to-date and accurate inventory of software in use by the agency and, if available and applicable, the components of such software, that can be communicated at the request of the Federal Acquisition Security Council, the National Cyber Director, or the Secretary of Homeland Security, acting through the Director of Cybersecurity and Infrastructure Security Agency; and . 117. Council of the Inspectors General on Integrity and Efficiency dashboard (a) Dashboard required Section 11(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subparagraph (A), by striking and at the end; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: (B) that shall include a dashboard of open information security recommendations identified in the independent evaluations required by section 3555(a) of title 44, United States Code; and . 118. Quantitative cybersecurity metrics (a) Definition of covered metrics In this section, the term covered metrics means the metrics established, reviewed, and updated under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ). (b) Updating and establishing metrics Not later than 1 year after the date of enactment of this Act, and as appropriate thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Director, shall— (1) evaluate any covered metrics established as of the date of enactment of this Act; and (2) as appropriate and pursuant to section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ) update or establish new covered metrics. (c) Implementation (1) In general Not later than 540 days after the date of enactment of this Act, the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall promulgate guidance that requires each agency to use covered metrics to track trends in the cybersecurity and incident response capabilities of the agency. (2) Performance demonstration The guidance issued under paragraph (1) and any subsequent guidance shall require agencies to share with the Director of the Cybersecurity and Infrastructure Security Agency data demonstrating the performance of the agency using the covered metrics included in the guidance. (3) Penetration tests On not less than 2 occasions during the 2-year period following the date on which guidance is promulgated under paragraph (1), the Director shall ensure that not less than 3 agencies are subjected to substantially similar penetration tests, as determined by the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, in order to validate the utility of the covered metrics. (4) Analysis capacity The Director of the Cybersecurity and Infrastructure Security Agency shall develop a capability that allows for the analysis of the covered metrics, including cross-agency performance of agency cybersecurity and incident response capability trends. (5) Time-based metric With respect the first update or establishment of covered metrics required under subsection (b)(2), the Director of the Cybersecurity and Infrastructure Security Agency shall establish covered metrics that include not less than 1 metric addressing the time it takes for agencies to identify and respond to incidents. (d) Congressional reports Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Director, shall submit to the appropriate congressional committees a report on the utility and use of the covered metrics. 119. Establishment of risk-based budget model (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Oversight and Reform, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives. (2) Covered agency The term covered agency has the meaning given the term executive agency in section 133 of title 41, United States Code. (3) Director The term Director means the Director of the Office of Management and Budget. (4) Information technology The term information technology — (A) has the meaning given the term in section 11101 of title 40, United States Code; and (B) includes the hardware and software systems of a Federal agency that monitor and control physical equipment and processes of the Federal agency. (5) Risk-based budget The term risk-based budget means a budget— (A) developed by identifying and prioritizing cybersecurity risks and vulnerabilities, including impact on agency operations in the case of a cyber attack, through analysis of cyber threat intelligence, incident data, and tactics, techniques, procedures, and capabilities of cyber threats; and (B) that allocates resources based on the risks identified and prioritized under subparagraph (A). (b) Establishment of risk-based budget model (1) In general (A) Model Not later than 1 year after the first publication of the budget submitted by the President under section 1105 of title 31, United States Code, following the date of enactment of this Act, the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director and in coordination with the Director of the National Institute of Standards and Technology, shall develop a standard model for informing a risk-based budget for cybersecurity spending. (B) Responsibility of director Section 3553(a) of title 44, United States Code, as amended by section 103 of this title, is further amended by inserting after paragraph (6) the following: (7) developing a standard risk-based budget model to inform Federal agency cybersecurity budget development; and . (C) Contents of model The model required to be developed under subparagraph (A) shall utilize appropriate information to evaluate risk, including, as determined appropriate by the Director— (i) Federal and non-Federal cyber threat intelligence products, where available, to identify threats, vulnerabilities, and risks; (ii) analysis of the impact of agency operations of compromise of systems, including the interconnectivity to other agency systems and the operations of other agencies; and (iii) to the greatest extent practicable, analysis of where resources should be allocated to have the greatest impact on mitigating current and future threats and current and future cybersecurity capabilities. (D) Use of model The model required to be developed under subparagraph (A) shall be used to— (i) inform acquisition and sustainment of— (I) information technology and cybersecurity tools; (II) information technology and cybersecurity architectures; (III) information technology and cybersecurity personnel; and (IV) cybersecurity and information technology concepts of operations; and (ii) evaluate and inform Government-wide cybersecurity programs. (E) Model variation The Director may develop multiple models under subparagraph (A) based on different agency characteristics, such as size or cybersecurity maturity. (F) Required updates Not less frequently than once every 3 years, the Director shall review, and update as necessary, the model required to be developed under subparagraph (A). (G) Publication Not earlier than 5 years after the date on which the model developed under subparagraph (A) is completed, the Director shall, taking into account any classified or sensitive information, publish the model, and any updates necessary under subparagraph (F), on the public website of the Office of Management and Budget. (H) Reports Not later than 2 years after the first publication of the budget submitted by the President under section 1105 of title 31, United States Code, following the date of enactment of this Act, and annually thereafter for each of the 2 following fiscal years or until the date on which the model required to be developed under subparagraph (A) is completed, whichever is sooner, the Director shall submit to the appropriate congressional committees a report on the development of the model. (2) Phased implementation of risk-based budget model (A) Initial phase (i) In general Not later than 2 years after the date on which the model developed under paragraph (1) is completed, the Director shall require not less than 5 covered agencies to use the model to inform the development of the annual cybersecurity and information technology budget requests of those covered agencies. (ii) Briefing Not later than 1 year after the date on which the covered agencies selected under clause (i) begin using the model developed under paragraph (1), the Director shall provide to the appropriate congressional committees a briefing on implementation of risk-based budgeting for cybersecurity spending, an assessment of agency implementation, and an evaluation of whether the risk-based budget helps to mitigate cybersecurity vulnerabilities. (B) Full deployment Not later than 5 years after the date on which the model developed under paragraph (1) is completed, the head of each covered agency shall use the model, or any updated model pursuant to paragraph (1)(F), to the greatest extent practicable, to inform the development of the annual cybersecurity and information technology budget requests of the covered agency. (C) Agency performance plans (i) Amendment Section 3554(d)(2) of title 44, United States Code, is amended by inserting and the risk-based budget model required under section 3553(a)(7) after paragraph (1) . (ii) Effective date The amendment made by clause (i) shall take effect on the date that is 5 years after the date on which the model developed under paragraph (1) is completed. (3) Verification (A) In general Section 1105(a)(35)(A)(i) of title 31, United States Code, is amended— (i) in the matter preceding subclause (I), by striking by agency, and by initiative area (as determined by the administration) and inserting and by agency ; (ii) in subclause (III), by striking and at the end; and (iii) by adding at the end the following: (V) a validation that the budgets submitted were informed by using a risk-based methodology; and (VI) a report on the progress of each agency on closing recommendations identified under the independent evaluation required by section 3555(a)(1) of title 44. . (B) Effective date The amendments made by subparagraph (A) shall take effect on the date that is 5 years after the date on which the model developed under paragraph (1) is completed. (4) Reports (A) Independent evaluation Section 3555(a)(2) of title 44, United States Code, is amended— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (D) an assessment of how the agency was informed by the risk-based budget model required under section 3553(a)(7) and an evaluation of whether the model mitigates agency cyber vulnerabilities. . (B) Assessment (i) Amendment Section 3553(c) of title 44, United States Code, as amended by section 103 of this title, is further amended by inserting after paragraph (5) the following: (6) an assessment of— (A) Federal agency utilization of the model required under subsection (a)(7); and (B) whether the model mitigates the cyber vulnerabilities of the Federal Government. . (ii) Effective date The amendment made by clause (i) shall take effect on the date that is 5 years after the date on which the model developed under paragraph (1) is completed. (5) GAO report Not later than 3 years after the date on which the first budget of the President is submitted to Congress containing the validation required under section 1105(a)(35)(A)(i)(V) of title 31, United States Code, as amended by paragraph (3), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that includes— (A) an evaluation of the success of covered agencies in utilizing the risk-based budget model; (B) an evaluation of the success of covered agencies in implementing risk-based budgets; (C) an evaluation of whether the risk-based budgets developed by covered agencies are effective at informing Federal Government-wide cybersecurity programs; and (D) any other information relating to risk-based budgets the Comptroller General determines appropriate. 120. Active cyber defensive study (a) Definition In this section, the term active defense technique — (1) means an action taken on the systems of an entity to increase the security of information on the network of an agency by misleading an adversary; and (2) includes a honeypot, deception, or purposefully feeding false or misleading data to an adversary when the adversary is on the systems of the entity. (b) Study Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Director and the National Cyber Director, shall perform a study on the use of active defense techniques to enhance the security of agencies, which shall include— (1) a review of legal restrictions on the use of different active cyber defense techniques in Federal environments, in consultation with the Department of Justice; (2) an evaluation of— (A) the efficacy of a selection of active defense techniques determined by the Director of the Cybersecurity and Infrastructure Security Agency; and (B) factors that impact the efficacy of the active defense techniques evaluated under subparagraph (A); (3) recommendations on safeguards and procedures that shall be established to require that active defense techniques are adequately coordinated to ensure that active defense techniques do not impede agency operations and mission delivery, threat response efforts, criminal investigations, and national security activities, including intelligence collection; and (4) the development of a framework for the use of different active defense techniques by agencies. 121. Security operations center as a service pilot (a) Purpose The purpose of this section is for the Cybersecurity and Infrastructure Security Agency to run a security operation center on behalf of another agency, alleviating the need to duplicate this function at every agency, and empowering a greater centralized cybersecurity capability. (b) Plan Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall develop a plan to establish a centralized Federal security operations center shared service offering within the Cybersecurity and Infrastructure Security Agency. (c) Contents The plan required under subsection (b) shall include considerations for— (1) collecting, organizing, and analyzing agency information system data in real time; (2) staffing and resources; and (3) appropriate interagency agreements, concepts of operations, and governance plans. (d) Pilot program (1) In general Not later than 180 days after the date on which the plan required under subsection (b) is developed, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, shall enter into a 1-year agreement with not less than 2 agencies to offer a security operations center as a shared service. (2) Additional agreements After the date on which the briefing required under subsection (e)(1) is provided, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, may enter into additional 1-year agreements described in paragraph (1) with agencies. (e) Briefing and report (1) Briefing Not later than 270 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Oversight and Reform of the House of Representatives a briefing on the parameters of any 1-year agreements entered into under subsection (d)(1). (2) Report Not later than 90 days after the date on which the first 1-year agreement entered into under subsection (d) expires, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Oversight and Reform of the House of Representatives a report on— (A) the agreement; and (B) any additional agreements entered into with agencies under subsection (d). 122. Extension of Chief Data Officer Council Section 3520A(e)(2) of title 44, United States Code, is amended by striking upon the expiration of the 2-year period that begins on the date the Comptroller General submits the report under paragraph (1) to Congress and inserting January 31, 2030 . II Cyber Incident Reporting for Critical Infrastructure Act of 2022 201. Short title This title may be cited as the Cyber Incident Reporting for Critical Infrastructure Act of 2022 . 202. Definitions In this title: (1) Covered cyber incident; covered entity; cyber incident; information system; ransom payment; ransomware attack; security vulnerability The terms covered cyber incident , covered entity , cyber incident , information system , ransom payment , ransomware attack , and security vulnerability have the meanings given those terms in section 2240 of the Homeland Security Act of 2002, as added by section 203 of this title. (2) Director The term Director means the Director of the Cybersecurity and Infrastructure Security Agency. 203. Cyber incident reporting (a) Cyber incident reporting Title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended— (1) in section 2209(c) ( 6 U.S.C. 659(c) )— (A) in paragraph (11), by striking ; and and inserting a semicolon; (B) in paragraph (12), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (13) receiving, aggregating, and analyzing reports related to covered cyber incidents (as defined in section 2240) submitted by covered entities (as defined in section 2240) and reports related to ransom payments (as defined in section 2240) submitted by covered entities (as defined in section 2240) in furtherance of the activities specified in sections 2202(e), 2203, and 2241, this subsection, and any other authorized activity of the Director, to enhance the situational awareness of cybersecurity threats across critical infrastructure sectors. ; and (2) by adding at the end the following: D Cyber Incident Reporting 2240. Definitions In this subtitle: (1) Center The term Center means the center established under section 2209. (2) Cloud service provider The term cloud service provider means an entity offering products or services related to cloud computing, as defined by the National Institute of Standards and Technology in NIST Special Publication 800–145 and any amendatory or superseding document relating thereto. (3) Council The term Council means the Cyber Incident Reporting Council described in section 2246. (4) Covered cyber incident The term covered cyber incident means a substantial cyber incident experienced by a covered entity that satisfies the definition and criteria established by the Director in the final rule issued pursuant to section 2242(b). (5) Covered entity The term covered entity means an entity in a critical infrastructure sector, as defined in Presidential Policy Directive 21, that satisfies the definition established by the Director in the final rule issued pursuant to section 2242(b). (6) Cyber incident The term cyber incident — (A) has the meaning given the term incident in section 2209; and (B) does not include an occurrence that imminently, but not actually, jeopardizes— (i) information on information systems; or (ii) information systems. (7) Cyber threat The term cyber threat has the meaning given the term cybersecurity threat in section 2201. (8) Cyber threat indicator; cybersecurity purpose; defensive measure; Federal entity; security vulnerability The terms cyber threat indicator , cybersecurity purpose , defensive measure , Federal entity , and security vulnerability have the meanings given those terms in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 ). (9) Incident; sharing The terms incident and sharing have the meanings given those terms in section 2209. (10) Information Sharing and Analysis Organization The term Information Sharing and Analysis Organization has the meaning given the term in section 2222. (11) Information system The term information system — (A) has the meaning given the term in section 3502 of title 44, United States Code; and (B) includes industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers. (12) Managed service provider The term managed service provider means an entity that delivers services, such as network, application, infrastructure, or security services, via ongoing and regular support and active administration on the premises of a customer, in the data center of the entity (such as hosting), or in a third party data center. (13) Ransom payment The term ransom payment means the transmission of any money or other property or asset, including virtual currency, or any portion thereof, which has at any time been delivered as ransom in connection with a ransomware attack. (14) Ransomware attack The term ransomware attack — (A) means an incident that includes the use or threat of use of unauthorized or malicious code on an information system, or the use or threat of use of another digital mechanism such as a denial of service attack, to interrupt or disrupt the operations of an information system or compromise the confidentiality, availability, or integrity of electronic data stored on, processed by, or transiting an information system to extort a demand for a ransom payment; and (B) does not include any such event where the demand for payment is— (i) not genuine; or (ii) made in good faith by an entity in response to a specific request by the owner or operator of the information system. (15) Sector Risk Management Agency The term Sector Risk Management Agency has the meaning given the term in section 2201. (16) Significant cyber incident The term significant cyber incident means a cyber incident, or a group of related cyber incidents, that the Secretary determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States. (17) Supply chain compromise The term supply chain compromise means an incident within the supply chain of an information system that an adversary can leverage or does leverage to jeopardize the confidentiality, integrity, or availability of the information system or the information the system processes, stores, or transmits, and can occur at any point during the life cycle. (18) Virtual currency The term virtual currency means the digital representation of value that functions as a medium of exchange, a unit of account, or a store of value. (19) Virtual currency address The term virtual currency address means a unique public cryptographic key identifying the location to which a virtual currency payment can be made. 2241. Cyber incident review (a) Activities The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 et seq. ) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable, related contextual information, cyber threat indicators, and defensive measures, pursuant to section 2245; (4) establish mechanisms to receive feedback from stakeholders on how the Agency can most effectively receive covered cyber incident reports, ransom payment reports, and other voluntarily provided information, and how the Agency can most effectively support private sector cybersecurity; (5) facilitate the timely sharing, on a voluntary basis, between relevant critical infrastructure owners and operators of information relating to covered cyber incidents and ransom payments, particularly with respect to ongoing cyber threats or security vulnerabilities and identify and disseminate ways to prevent or mitigate similar cyber incidents in the future; (6) for a covered cyber incident, including a ransomware attack, that also satisfies the definition of a significant cyber incident, or is part of a group of related cyber incidents that together satisfy such definition, conduct a review of the details surrounding the covered cyber incident or group of those incidents and identify and disseminate ways to prevent or mitigate similar incidents in the future; (7) with respect to covered cyber incident reports under section 2242(a) and 2243 involving an ongoing cyber threat or security vulnerability, immediately review those reports for cyber threat indicators that can be anonymized and disseminated, with defensive measures, to appropriate stakeholders, in coordination with other divisions within the Agency, as appropriate; (8) publish quarterly unclassified, public reports that describe aggregated, anonymized observations, findings, and recommendations based on covered cyber incident reports, which may be based on the unclassified information contained in the briefings required under subsection (c); (9) proactively identify opportunities, consistent with the protections in section 2245, to leverage and utilize data on cyber incidents in a manner that enables and strengthens cybersecurity research carried out by academic institutions and other private sector organizations, to the greatest extent practicable; and (10) in accordance with section 2245 and subsection (b) of this section, as soon as possible but not later than 24 hours after receiving a covered cyber incident report, ransom payment report, voluntarily submitted information pursuant to section 2243, or information received pursuant to a request for information or subpoena under section 2244, make available the information to appropriate Sector Risk Management Agencies and other appropriate Federal agencies. (b) Interagency sharing The President or a designee of the President— (1) may establish a specific time requirement for sharing information under subsection (a)(11); and (2) shall determine the appropriate Federal agencies under subsection (a)(11). (c) Periodic briefing Not later than 60 days after the effective date of the final rule required under section 2242(b), and on the first day of each month thereafter, the Director, in consultation with the National Cyber Director, the Attorney General, and the Director of National Intelligence, shall provide to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a briefing that characterizes the national cyber threat landscape, including the threat facing Federal agencies and covered entities, and applicable intelligence and law enforcement information, covered cyber incidents, and ransomware attacks, as of the date of the briefing, which shall— (1) include the total number of reports submitted under sections 2242 and 2243 during the preceding month, including a breakdown of required and voluntary reports; (2) include any identified trends in covered cyber incidents and ransomware attacks over the course of the preceding month and as compared to previous reports, including any trends related to the information collected in the reports submitted under sections 2242 and 2243, including— (A) the infrastructure, tactics, and techniques malicious cyber actors commonly use; and (B) intelligence gaps that have impeded, or currently are impeding, the ability to counter covered cyber incidents and ransomware threats; (3) include a summary of the known uses of the information in reports submitted under sections 2242 and 2243; and (4) include an unclassified portion, but may include a classified component. 2242. Required reporting of certain cyber incidents (a) In general (1) Covered cyber incident reports (A) In general A covered entity that experiences a covered cyber incident shall report the covered cyber incident to the Agency not later than 72 hours after the covered entity reasonably believes that the covered cyber incident has occurred. (B) Limitation The Director may not require reporting under subparagraph (A) any earlier than 72 hours after the covered entity reasonably believes that a covered cyber incident has occurred. (2) Ransom payment reports (A) In general A covered entity that makes a ransom payment as the result of a ransomware attack against the covered entity shall report the payment to the Agency not later than 24 hours after the ransom payment has been made. (B) Application The requirements under subparagraph (A) shall apply even if the ransomware attack is not a covered cyber incident subject to the reporting requirements under paragraph (1). (3) Supplemental reports A covered entity shall promptly submit to the Agency an update or supplement to a previously submitted covered cyber incident report if substantial new or different information becomes available or if the covered entity makes a ransom payment after submitting a covered cyber incident report required under paragraph (1), until such date that such covered entity notifies the Agency that the covered cyber incident at issue has concluded and has been fully mitigated and resolved. (4) Preservation of information Any covered entity subject to requirements of paragraph (1), (2), or (3) shall preserve data relevant to the covered cyber incident or ransom payment in accordance with procedures established in the final rule issued pursuant to subsection (b). (5) Exceptions (A) Reporting of covered cyber incident with ransom payment If a covered entity is the victim of a covered cyber incident and makes a ransom payment prior to the 72 hour requirement under paragraph (1), such that the reporting requirements under paragraphs (1) and (2) both apply, the covered entity may submit a single report to satisfy the requirements of both paragraphs in accordance with procedures established in the final rule issued pursuant to subsection (b). (B) Substantially similar reported information (i) In general Subject to the limitation described in clause (ii), where the Agency has an agreement in place that satisfies the requirements of section 4(a) of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 , the requirements under paragraphs (1), (2), and (3) shall not apply to a covered entity required by law, regulation, or contract to report substantially similar information to another Federal agency within a substantially similar timeframe. (ii) Limitation The exemption in clause (i) shall take effect with respect to a covered entity once an agency agreement and sharing mechanism is in place between the Agency and the respective Federal agency, pursuant to section 4(a) of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 . (iii) Rules of construction Nothing in this paragraph shall be construed to— (I) exempt a covered entity from the reporting requirements under paragraph (3) unless the supplemental report also meets the requirements of clauses (i) and (ii) of this paragraph; (II) prevent the Agency from contacting an entity submitting information to another Federal agency that is provided to the Agency pursuant to section 4 of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 ; or (III) prevent an entity from communicating with the Agency. (C) Domain name system The requirements under paragraphs (1), (2) and (3) shall not apply to a covered entity or the functions of a covered entity that the Director determines constitute critical infrastructure owned, operated, or governed by multi-stakeholder organizations that develop, implement, and enforce policies concerning the Domain Name System, such as the Internet Corporation for Assigned Names and Numbers or the Internet Assigned Numbers Authority. (6) Manner, timing, and form of reports Reports made under paragraphs (1), (2), and (3) shall be made in the manner and form, and within the time period in the case of reports made under paragraph (3), prescribed in the final rule issued pursuant to subsection (b). (7) Effective date Paragraphs (1) through (4) shall take effect on the dates prescribed in the final rule issued pursuant to subsection (b). (b) Rulemaking (1) Notice of proposed rulemaking Not later than 24 months after the date of enactment of this section, the Director, in consultation with Sector Risk Management Agencies, the Department of Justice, and other Federal agencies, shall publish in the Federal Register a notice of proposed rulemaking to implement subsection (a). (2) Final rule Not later than 18 months after publication of the notice of proposed rulemaking under paragraph (1), the Director shall issue a final rule to implement subsection (a). (3) Subsequent rulemakings (A) In general The Director is authorized to issue regulations to amend or revise the final rule issued pursuant to paragraph (2). (B) Procedures Any subsequent rules issued under subparagraph (A) shall comply with the requirements under chapter 5 of title 5, United States Code, including the issuance of a notice of proposed rulemaking under section 553 of such title. (c) Elements The final rule issued pursuant to subsection (b) shall be composed of the following elements: (1) A clear description of the types of entities that constitute covered entities, based on— (A) the consequences that disruption to or compromise of such an entity could cause to national security, economic security, or public health and safety; (B) the likelihood that such an entity may be targeted by a malicious cyber actor, including a foreign country; and (C) the extent to which damage, disruption, or unauthorized access to such an entity, including the accessing of sensitive cybersecurity vulnerability information or penetration testing tools or techniques, will likely enable the disruption of the reliable operation of critical infrastructure. (2) A clear description of the types of substantial cyber incidents that constitute covered cyber incidents, which shall— (A) at a minimum, require the occurrence of— (i) a cyber incident that leads to substantial loss of confidentiality, integrity, or availability of such information system or network, or a serious impact on the safety and resiliency of operational systems and processes; (ii) a disruption of business or industrial operations, including due to a denial of service attack, ransomware attack, or exploitation of a zero day vulnerability, against (I) an information system or network; or (II) an operational technology system or process; or (iii) unauthorized access or disruption of business or industrial operations due to loss of service facilitated through, or caused by, a compromise of a cloud service provider, managed service provider, or other third-party data hosting provider or by a supply chain compromise; (B) consider— (i) the sophistication or novelty of the tactics used to perpetrate such a cyber incident, as well as the type, volume, and sensitivity of the data at issue; (ii) the number of individuals directly or indirectly affected or potentially affected by such a cyber incident; and (iii) potential impacts on industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers; and (C) exclude— (i) any event where the cyber incident is perpetrated in good faith by an entity in response to a specific request by the owner or operator of the information system; and (ii) the threat of disruption as extortion, as described in section 2240(14)(A). (3) A requirement that, if a covered cyber incident or a ransom payment occurs following an exempted threat described in paragraph (2)(C)(ii), the covered entity shall comply with the requirements in this subtitle in reporting the covered cyber incident or ransom payment. (4) A clear description of the specific required contents of a report pursuant to subsection (a)(1), which shall include the following information, to the extent applicable and available, with respect to a covered cyber incident: (A) A description of the covered cyber incident, including— (i) identification and a description of the function of the affected information systems, networks, or devices that were, or are reasonably believed to have been, affected by such cyber incident; (ii) a description of the unauthorized access with substantial loss of confidentiality, integrity, or availability of the affected information system or network or disruption of business or industrial operations; (iii) the estimated date range of such incident; and (iv) the impact to the operations of the covered entity. (B) Where applicable, a description of the vulnerabilities exploited and the security defenses that were in place, as well as the tactics, techniques, and procedures used to perpetrate the covered cyber incident. (C) Where applicable, any identifying or contact information related to each actor reasonably believed to be responsible for such cyber incident. (D) Where applicable, identification of the category or categories of information that were, or are reasonably believed to have been, accessed or acquired by an unauthorized person. (E) The name and other information that clearly identifies the covered entity impacted by the covered cyber incident, including, as applicable, the State of incorporation or formation of the covered entity, trade names, legal names, or other identifiers. (F) Contact information, such as telephone number or electronic mail address, that the Agency may use to contact the covered entity or an authorized agent of such covered entity, or, where applicable, the service provider of such covered entity acting with the express permission of, and at the direction of, the covered entity to assist with compliance with the requirements of this subtitle. (5) A clear description of the specific required contents of a report pursuant to subsection (a)(2), which shall be the following information, to the extent applicable and available, with respect to a ransom payment: (A) A description of the ransomware attack, including the estimated date range of the attack. (B) Where applicable, a description of the vulnerabilities, tactics, techniques, and procedures used to perpetrate the ransomware attack. (C) Where applicable, any identifying or contact information related to the actor or actors reasonably believed to be responsible for the ransomware attack. (D) The name and other information that clearly identifies the covered entity that made the ransom payment or on whose behalf the payment was made. (E) Contact information, such as telephone number or electronic mail address, that the Agency may use to contact the covered entity that made the ransom payment or an authorized agent of such covered entity, or, where applicable, the service provider of such covered entity acting with the express permission of, and at the direction of, that covered entity to assist with compliance with the requirements of this subtitle. (F) The date of the ransom payment. (G) The ransom payment demand, including the type of virtual currency or other commodity requested, if applicable. (H) The ransom payment instructions, including information regarding where to send the payment, such as the virtual currency address or physical address the funds were requested to be sent to, if applicable. (I) The amount of the ransom payment. (6) A clear description of the types of data required to be preserved pursuant to subsection (a)(4), the period of time for which the data is required to be preserved, and allowable uses, processes, and procedures. (7) Deadlines and criteria for submitting supplemental reports to the Agency required under subsection (a)(3), which shall— (A) be established by the Director in consultation with the Council; (B) consider any existing regulatory reporting requirements similar in scope, purpose, and timing to the reporting requirements to which such a covered entity may also be subject, and make efforts to harmonize the timing and contents of any such reports to the maximum extent practicable; (C) balance the need for situational awareness with the ability of the covered entity to conduct cyber incident response and investigations; and (D) provide a clear description of what constitutes substantial new or different information. (8) Procedures for— (A) entities, including third parties pursuant to subsection (d)(1), to submit reports required by paragraphs (1), (2), and (3) of subsection (a), including the manner and form thereof, which shall include, at a minimum, a concise, user-friendly web-based form; (B) the Agency to carry out— (i) the enforcement provisions of section 2244, including with respect to the issuance, service, withdrawal, referral process, and enforcement of subpoenas, appeals and due process procedures; (ii) other available enforcement mechanisms including acquisition, suspension and debarment procedures; and (iii) other aspects of noncompliance; (C) implementing the exceptions provided in subsection (a)(5); and (D) protecting privacy and civil liberties consistent with processes adopted pursuant to section 105(b) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1504(b) ) and anonymizing and safeguarding, or no longer retaining, information received and disclosed through covered cyber incident reports and ransom payment reports that is known to be personal information of a specific individual or information that identifies a specific individual that is not directly related to a cybersecurity threat. (9) Other procedural measures directly necessary to implement subsection (a). (d) Third party report submission and ransom payment (1) Report submission A covered entity that is required to submit a covered cyber incident report or a ransom payment report may use a third party, such as an incident response company, insurance provider, service provider, Information Sharing and Analysis Organization, or law firm, to submit the required report under subsection (a). (2) Ransom payment If a covered entity impacted by a ransomware attack uses a third party to make a ransom payment, the third party shall not be required to submit a ransom payment report for itself under subsection (a)(2). (3) Duty to report Third-party reporting under this subparagraph does not relieve a covered entity from the duty to comply with the requirements for covered cyber incident report or ransom payment report submission. (4) Responsibility to advise Any third party used by a covered entity that knowingly makes a ransom payment on behalf of a covered entity impacted by a ransomware attack shall advise the impacted covered entity of the responsibilities of the impacted covered entity regarding reporting ransom payments under this section. (e) Outreach to covered entities (1) In general The Agency shall conduct an outreach and education campaign to inform likely covered entities, entities that offer or advertise as a service to customers to make or facilitate ransom payments on behalf of covered entities impacted by ransomware attacks and other appropriate entities of the requirements of paragraphs (1), (2), and (3) of subsection (a). (2) Elements The outreach and education campaign under paragraph (1) shall include the following: (A) An overview of the final rule issued pursuant to subsection (b). (B) An overview of mechanisms to submit to the Agency covered cyber incident reports, ransom payment reports, and information relating to the disclosure, retention, and use of covered cyber incident reports and ransom payment reports under this section. (C) An overview of the protections afforded to covered entities for complying with the requirements under paragraphs (1), (2), and (3) of subsection (a). (D) An overview of the steps taken under section 2244 when a covered entity is not in compliance with the reporting requirements under subsection (a). (E) Specific outreach to cybersecurity vendors, cyber incident response providers, cybersecurity insurance entities, and other entities that may support covered entities. (F) An overview of the privacy and civil liberties requirements in this subtitle. (3) Coordination In conducting the outreach and education campaign required under paragraph (1), the Agency may coordinate with— (A) the Critical Infrastructure Partnership Advisory Council established under section 871; (B) Information Sharing and Analysis Organizations; (C) trade associations; (D) information sharing and analysis centers; (E) sector coordinating councils; and (F) any other entity as determined appropriate by the Director. (f) Exemption Sections 3506(c), 3507, 3508, and 3509 of title 44, United States Code, shall not apply to any action to carry out this section. (g) Rule of construction Nothing in this section shall affect the authorities of the Federal Government to implement the requirements of Executive Order 14028 (86 Fed. Reg. 26633; relating to improving the nation’s cybersecurity), including changes to the Federal Acquisition Regulations and remedies to include suspension and debarment. (h) Savings provision Nothing in this section shall be construed to supersede or to abrogate, modify, or otherwise limit the authority that is vested in any officer or any agency of the United States Government to regulate or take action with respect to the cybersecurity of an entity. 2243. Voluntary reporting of other cyber incidents (a) In general Entities may voluntarily report cyber incidents or ransom payments to the Agency that are not required under paragraph (1), (2), or (3) of section 2242(a), but may enhance the situational awareness of cyber threats. (b) Voluntary provision of additional information in required reports Covered entities may voluntarily include in reports required under paragraph (1), (2), or (3) of section 2242(a) information that is not required to be included, but may enhance the situational awareness of cyber threats. (c) Application of protections The protections under section 2245 applicable to reports made under section 2242 shall apply in the same manner and to the same extent to reports and information submitted under subsections (a) and (b). 2244. Noncompliance with required reporting (a) Purpose In the event that a covered entity that is required to submit a report under section 2242(a) fails to comply with the requirement to report, the Director may obtain information about the cyber incident or ransom payment by engaging the covered entity directly to request information about the cyber incident or ransom payment, and if the Director is unable to obtain information through such engagement, by issuing a subpoena to the covered entity, pursuant to subsection (c), to gather information sufficient to determine whether a covered cyber incident or ransom payment has occurred. (b) Initial request for information (1) In general If the Director has reason to believe, whether through public reporting or other information in the possession of the Federal Government, including through analysis performed pursuant to paragraph (1) or (2) of section 2241(a), that a covered entity has experienced a covered cyber incident or made a ransom payment but failed to report such cyber incident or payment to the Agency in accordance with section 2242(a), the Director may request additional information from the covered entity to confirm whether or not a covered cyber incident or ransom payment has occurred. (2) Treatment Information provided to the Agency in response to a request under paragraph (1) shall be treated as if it was submitted through the reporting procedures established in section 2242. (c) Enforcement (1) In general If, after the date that is 72 hours from the date on which the Director made the request for information in subsection (b), the Director has received no response from the covered entity from which such information was requested, or received an inadequate response, the Director may issue to such covered entity a subpoena to compel disclosure of information the Director deems necessary to determine whether a covered cyber incident or ransom payment has occurred and obtain the information required to be reported pursuant to section 2242 and any implementing regulations, and assess potential impacts to national security, economic security, or public health and safety. (2) Civil action (A) In general If a covered entity fails to comply with a subpoena, the Director may refer the matter to the Attorney General to bring a civil action in a district court of the United States to enforce such subpoena. (B) Venue An action under this paragraph may be brought in the judicial district in which the covered entity against which the action is brought resides, is found, or does business. (C) Contempt of court A court may punish a failure to comply with a subpoena issued under this subsection as contempt of court. (3) Non-delegation The authority of the Director to issue a subpoena under this subsection may not be delegated. (4) Authentication (A) In general Any subpoena issued electronically pursuant to this subsection shall be authenticated with a cryptographic digital signature of an authorized representative of the Agency, or other comparable successor technology, that allows the Agency to demonstrate that such subpoena was issued by the Agency and has not been altered or modified since such issuance. (B) Invalid if not authenticated Any subpoena issued electronically pursuant to this subsection that is not authenticated in accordance with subparagraph (A) shall not be considered to be valid by the recipient of such subpoena. (d) Provision of certain information to Attorney General (1) In general Notwithstanding section 2245(a)(5) and paragraph (b)(2) of this section, if the Director determines, based on the information provided in response to a subpoena issued pursuant to subsection (c), that the facts relating to the cyber incident or ransom payment at issue may constitute grounds for a regulatory enforcement action or criminal prosecution, the Director may provide such information to the Attorney General or the head of the appropriate Federal regulatory agency, who may use such information for a regulatory enforcement action or criminal prosecution. (2) Consultation The Director may consult with the Attorney General or the head of the appropriate Federal regulatory agency when making the determination under paragraph (1). (e) Considerations When determining whether to exercise the authorities provided under this section, the Director shall take into consideration— (1) the complexity in determining if a covered cyber incident has occurred; and (2) prior interaction with the Agency or awareness of the covered entity of the policies and procedures of the Agency for reporting covered cyber incidents and ransom payments. (f) Exclusions This section shall not apply to a State, local, Tribal, or territorial government entity. (g) Report to Congress The Director shall submit to Congress an annual report on the number of times the Director— (1) issued an initial request for information pursuant to subsection (b); (2) issued a subpoena pursuant to subsection (c); or (3) referred a matter to the Attorney General for a civil action pursuant to subsection (c)(2). (h) Publication of the annual report The Director shall publish a version of the annual report required under subsection (g) on the website of the Agency, which shall include, at a minimum, the number of times the Director— (1) issued an initial request for information pursuant to subsection (b); or (2) issued a subpoena pursuant to subsection (c). (i) Anonymization of reports The Director shall ensure any victim information contained in a report required to be published under subsection (h) be anonymized before the report is published. 2245. Information shared with or provided to the Federal Government (a) Disclosure, retention, and use (1) Authorized activities Information provided to the Agency pursuant to section 2242 or 2243 may be disclosed to, retained by, and used by, consistent with otherwise applicable provisions of Federal law, any Federal agency or department, component, officer, employee, or agent of the Federal Government solely for— (A) a cybersecurity purpose; (B) the purpose of identifying— (i) a cyber threat, including the source of the cyber threat; or (ii) a security vulnerability; (C) the purpose of responding to, or otherwise preventing or mitigating, a specific threat of death, a specific threat of serious bodily harm, or a specific threat of serious economic harm, including a terrorist act or use of a weapon of mass destruction; (D) the purpose of responding to, investigating, prosecuting, or otherwise preventing or mitigating, a serious threat to a minor, including sexual exploitation and threats to physical safety; or (E) the purpose of preventing, investigating, disrupting, or prosecuting an offense arising out of a cyber incident reported pursuant to section 2242 or 2243 or any of the offenses listed in section 105(d)(5)(A)(v) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1504(d)(5)(A)(v) ). (2) Agency actions after receipt (A) Rapid, confidential sharing of cyber threat indicators Upon receiving a covered cyber incident or ransom payment report submitted pursuant to this section, the Agency shall immediately review the report to determine whether the cyber incident that is the subject of the report is connected to an ongoing cyber threat or security vulnerability and where applicable, use such report to identify, develop, and rapidly disseminate to appropriate stakeholders actionable, anonymized cyber threat indicators and defensive measures. (B) Principles for sharing security vulnerabilities With respect to information in a covered cyber incident or ransom payment report regarding a security vulnerability referred to in paragraph (1)(B)(ii), the Director shall develop principles that govern the timing and manner in which information relating to security vulnerabilities may be shared, consistent with common industry best practices and United States and international standards. (3) Privacy and civil liberties Information contained in covered cyber incident and ransom payment reports submitted to the Agency pursuant to section 2242 shall be retained, used, and disseminated, where permissible and appropriate, by the Federal Government in accordance with processes to be developed for the protection of personal information consistent with processes adopted pursuant to section 105 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1504 ) and in a manner that protects from unauthorized use or disclosure any information that may contain— (A) personal information of a specific individual that is not directly related to a cybersecurity threat; or (B) information that identifies a specific individual that is not directly related to a cybersecurity threat. (4) Digital security The Agency shall ensure that reports submitted to the Agency pursuant to section 2242, and any information contained in those reports, are collected, stored, and protected at a minimum in accordance with the requirements for moderate impact Federal information systems, as described in Federal Information Processing Standards Publication 199, or any successor document. (5) Prohibition on use of information in regulatory actions (A) In general A Federal, State, local, or Tribal government shall not use information about a covered cyber incident or ransom payment obtained solely through reporting directly to the Agency in accordance with this subtitle to regulate, including through an enforcement action, the activities of the covered entity or entity that made a ransom payment, unless the government entity expressly allows entities to submit reports to the Agency to meet regulatory reporting obligations of the entity. (B) Clarification A report submitted to the Agency pursuant to section 2242 or 2243 may, consistent with Federal or State regulatory authority specifically relating to the prevention and mitigation of cybersecurity threats to information systems, inform the development or implementation of regulations relating to such systems. (b) Protections for reporting entities and information Reports describing covered cyber incidents or ransom payments submitted to the Agency by entities in accordance with section 2242, as well as voluntarily-submitted cyber incident reports submitted to the Agency pursuant to section 2243, shall— (1) be considered the commercial, financial, and proprietary information of the covered entity when so designated by the covered entity; (2) be exempt from disclosure under section 552(b)(3) of title 5, United States Code (commonly known as the Freedom of Information Act ), as well as any provision of State, Tribal, or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring disclosure of information or records; (3) be considered not to constitute a waiver of any applicable privilege or protection provided by law, including trade secret protection; and (4) not be subject to a rule of any Federal agency or department or any judicial doctrine regarding ex parte communications with a decision-making official. (c) Liability protections (1) In general No cause of action shall lie or be maintained in any court by any person or entity and any such action shall be promptly dismissed for the submission of a report pursuant to section 2242(a) that is submitted in conformance with this subtitle and the rule promulgated under section 2242(b), except that this subsection shall not apply with regard to an action by the Federal Government pursuant to section 2244(c)(2). (2) Scope The liability protections provided in this subsection shall only apply to or affect litigation that is solely based on the submission of a covered cyber incident report or ransom payment report to the Agency. (3) Restrictions Notwithstanding paragraph (2), no report submitted to the Agency pursuant to this subtitle or any communication, document, material, or other record, created for the sole purpose of preparing, drafting, or submitting such report, may be received in evidence, subject to discovery, or otherwise used in any trial, hearing, or other proceeding in or before any court, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, provided that nothing in this subtitle shall create a defense to discovery or otherwise affect the discovery of any communication, document, material, or other record not created for the sole purpose of preparing, drafting, or submitting such report. (d) Sharing with non-Federal entities The Agency shall anonymize the victim who reported the information when making information provided in reports received under section 2242 available to critical infrastructure owners and operators and the general public. (e) Stored Communications Act Nothing in this subtitle shall be construed to permit or require disclosure by a provider of a remote computing service or a provider of an electronic communication service to the public of information not otherwise permitted or required to be disclosed under chapter 121 of title 18, United States Code (commonly known as the Stored Communications Act ). 2246. Cyber Incident Reporting Council (a) Responsibility of the secretary The Secretary shall lead an intergovernmental Cyber Incident Reporting Council, in consultation with the Director of the Office of Management and Budget, the Attorney General, the National Director Cyber Director, Sector Risk Management Agencies, and other appropriate Federal agencies, to coordinate, deconflict, and harmonize Federal incident reporting requirements, including those issued through regulations. (b) Rule of construction Nothing in subsection (a) shall be construed to provide any additional regulatory authority to any Federal entity. . (b) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by inserting after the items relating to subtitle C of title XXII the following: Subtitle D—Cyber Incident Reporting Sec. 2240. Definitions. Sec. 2241. Cyber Incident Review. Sec. 2242. Required reporting of certain cyber incidents. Sec. 2243. Voluntary reporting of other cyber incidents. Sec. 2244. Noncompliance with required reporting. Sec. 2245. Information shared with or provided to the Federal Government. Sec. 2246. Cyber Incident Reporting Council. . 204. Federal sharing of incident reports (a) Cyber incident reporting sharing (1) In general Notwithstanding any other provision of law or regulation, any Federal agency, including any independent establishment (as defined in section 104 of title 5, United States Code), that receives a report from an entity of a cyber incident, including a ransomware attack, shall provide the report to the Agency as soon as possible, but not later than 24 hours after receiving the report, unless a shorter period is required by an agreement made between the Department of Homeland Security (including the Cybersecurity and Infrastructure Security Agency) and the recipient Federal agency. The Director shall share and coordinate each report pursuant to section 2241(b) of the Homeland Security Act of 2002, as added by section 203 of this title. (2) Rule of construction The requirements described in paragraph (1) and section 2245(d) of the Homeland Security Act of 2002, as added by section 203 of this title, may not be construed to be a violation of any provision of law or policy that would otherwise prohibit disclosure or provision of information within the executive branch. (3) Protection of information The Director shall comply with any obligations of the recipient Federal agency described in paragraph (1) to protect information, including with respect to privacy, confidentiality, or information security, if those obligations would impose greater protection requirements than this Act or the amendments made by this Act. (4) Effective date This subsection shall take effect on the effective date of the final rule issued pursuant to section 2242(b) of the Homeland Security Act of 2002, as added by section 203 of this title. (5) Agency agreements (A) In general The Agency and any Federal agency, including any independent establishment (as defined in section 104 of title 5, United States Code) that receives incident reports from entities, including due to ransomware attacks, shall, as appropriate, enter into a documented agreement to establish policies, processes, procedures, and mechanisms to ensure reports are shared with the Agency pursuant to paragraph (1). (B) Availability To the maximum extent practicable, each documented agreement required under subparagraph (A) shall be made publicly available. (C) Requirement The documented agreements required by subparagraph (A) shall require reports be shared from Federal agencies with the Agency in such time as to meet the overall timeline for covered entity reporting of covered cyber incidents and ransom payments established in section 2242 of the Homeland Security Act of 2002, as added by section 203 of this title. (b) Harmonizing reporting requirements The Secretary of Homeland Security, acting through the Director, shall, in consultation with the Cyber Incident Reporting Council described in section 2246 of the Homeland Security Act of 2002, as added by section 203 of this title, to the maximum extent practicable— (1) periodically review existing regulatory requirements, including the information required in such reports, to report incidents and ensure that any such reporting requirements and procedures avoid conflicting, duplicative, or burdensome requirements; and (2) coordinate with appropriate Federal partners and regulatory authorities that receive reports relating to incidents to identify opportunities to streamline reporting processes, and where feasible, facilitate interagency agreements between such authorities to permit the sharing of such reports, consistent with applicable law and policy, without impacting the ability of the Agency to gain timely situational awareness of a covered cyber incident or ransom payment. 205. Ransomware vulnerability warning pilot program (a) Program Not later than 1 year after the date of enactment of this Act, the Director shall establish a ransomware vulnerability warning pilot program to leverage existing authorities and technology to specifically develop processes and procedures for, and to dedicate resources to, identifying information systems that contain security vulnerabilities associated with common ransomware attacks, and to notify the owners of those vulnerable systems of their security vulnerability. (b) Identification of vulnerable systems The pilot program established under subsection (a) shall— (1) identify the most common security vulnerabilities utilized in ransomware attacks and mitigation techniques; and (2) utilize existing authorities to identify information systems that contain the security vulnerabilities identified in paragraph (1). (c) Entity notification (1) Identification If the Director is able to identify the entity at risk that owns or operates a vulnerable information system identified in subsection (b), the Director may notify the owner of the information system. (2) No identification If the Director is not able to identify the entity at risk that owns or operates a vulnerable information system identified in subsection (b), the Director may utilize the subpoena authority pursuant to section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) to identify and notify the entity at risk pursuant to the procedures under that section. (3) Required information A notification made under paragraph (1) shall include information on the identified security vulnerability and mitigation techniques. (d) Prioritization of notifications To the extent practicable, the Director shall prioritize covered entities for identification and notification activities under the pilot program established under this section. (e) Limitation on procedures No procedure, notification, or other authorities utilized in the execution of the pilot program established under subsection (a) shall require an owner or operator of a vulnerable information system to take any action as a result of a notice of a security vulnerability made pursuant to subsection (c). (f) Rule of construction Nothing in this section shall be construed to provide additional authorities to the Director to identify vulnerabilities or vulnerable systems. (g) Termination The pilot program established under subsection (a) shall terminate on the date that is 4 years after the date of enactment of this Act. 206. Ransomware threat mitigation activities (a) Joint ransomware task force (1) In general Not later than 180 days after the date of enactment of this Act, the Director, in consultation with the National Cyber Director, the Attorney General, and the Director of the Federal Bureau of Investigation, shall establish and chair the Joint Ransomware Task Force to coordinate an ongoing nationwide campaign against ransomware attacks, and identify and pursue opportunities for international cooperation. (2) Composition The Joint Ransomware Task Force shall consist of participants from Federal agencies, as determined appropriate by the National Cyber Director in consultation with the Secretary of Homeland Security. (3) Responsibilities The Joint Ransomware Task Force, utilizing only existing authorities of each participating Federal agency, shall coordinate across the Federal Government the following activities: (A) Prioritization of intelligence-driven operations to disrupt specific ransomware actors. (B) Consult with relevant private sector, State, local, Tribal, and territorial governments and international stakeholders to identify needs and establish mechanisms for providing input into the Joint Ransomware Task Force. (C) Identifying, in consultation with relevant entities, a list of highest threat ransomware entities updated on an ongoing basis, in order to facilitate— (i) prioritization for Federal action by appropriate Federal agencies; and (ii) identify metrics for success of said actions. (D) Disrupting ransomware criminal actors, associated infrastructure, and their finances. (E) Facilitating coordination and collaboration between Federal entities and relevant entities, including the private sector, to improve Federal actions against ransomware threats. (F) Collection, sharing, and analysis of ransomware trends to inform Federal actions. (G) Creation of after-action reports and other lessons learned from Federal actions that identify successes and failures to improve subsequent actions. (H) Any other activities determined appropriate by the Joint Ransomware Task Force to mitigate the threat of ransomware attacks. (b) Rule of construction Nothing in this section shall be construed to provide any additional authority to any Federal agency. 207. Congressional reporting (a) Report on stakeholder engagement Not later than 30 days after the date on which the Director issues the final rule under section 2242(b) of the Homeland Security Act of 2002, as added by section 203(b) of this title, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that describes how the Director engaged stakeholders in the development of the final rule. (b) Report on opportunities to strengthen security research Not later than 1 year after the date of enactment of this Act, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing how the National Cybersecurity and Communications Integration Center established under section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) has carried out activities under section 2241(a)(9) of the Homeland Security Act of 2002, as added by section 203(a) of this title, by proactively identifying opportunities to use cyber incident data to inform and enable cybersecurity research within the academic and private sector. (c) Report on ransomware vulnerability warning pilot program Not later than 1 year after the date of enactment of this Act, and annually thereafter for the duration of the pilot program established under section 205, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report, which may include a classified annex, on the effectiveness of the pilot program, which shall include a discussion of the following: (1) The effectiveness of the notifications under section 205(c) in mitigating security vulnerabilities and the threat of ransomware. (2) Identification of the most common vulnerabilities utilized in ransomware. (3) The number of notifications issued during the preceding year. (4) To the extent practicable, the number of vulnerable devices or systems mitigated under the pilot program by the Agency during the preceding year. (d) Report on harmonization of reporting regulations (1) In general Not later than 180 days after the date on which the Secretary of Homeland Security convenes the Cyber Incident Reporting Council described in section 2246 of the Homeland Security Act of 2002, as added by section 203 of this title, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that includes— (A) a list of duplicative Federal cyber incident reporting requirements on covered entities; (B) a description of any challenges in harmonizing the duplicative reporting requirements; (C) any actions the Director intends to take to facilitate harmonizing the duplicative reporting requirements; and (D) any proposed legislative changes necessary to address the duplicative reporting. (2) Rule of construction Nothing in paragraph (1) shall be construed to provide any additional regulatory authority to any Federal agency. (e) GAO reports (1) Implementation of this Act Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the implementation of this Act and the amendments made by this Act. (2) Exemptions to reporting Not later than 1 year after the date on which the Director issues the final rule required under section 2242(b) of the Homeland Security Act of 2002, as added by section 203 of this title, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the exemptions to reporting under paragraphs (2) and (5) of section 2242(a) of the Homeland Security Act of 2002, as added by section 203 of this title, which shall include— (A) to the extent practicable, an evaluation of the quantity of cyber incidents not reported to the Federal Government; (B) an evaluation of the impact on impacted entities, homeland security, and the national economy due to cyber incidents, ransomware attacks, and ransom payments, including a discussion on the scope of impact of cyber incidents that were not reported to the Federal Government; (C) an evaluation of the burden, financial and otherwise, on entities required to report cyber incidents under this Act, including an analysis of entities that meet the definition of a small business concern under section 3 of the Small Business Act ( 15 U.S.C. 632 ); and (D) a description of the consequences and effects of limiting covered cyber incident and ransom payment reporting to only covered entities. (f) Report on effectiveness of enforcement mechanisms Not later than 1 year after the date on which the Director issues the final rule required under section 2242(b) of the Homeland Security Act of 2002, as added by section 203 of this title, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the effectiveness of the enforcement mechanisms within section 2244 of the Homeland Security Act of 2002, as added by section 203 of this title. III Federal Secure Cloud Improvement and Jobs Act of 2022 301. Short title This title may be cited as the Federal Secure Cloud Improvement and Jobs Act of 2022 . 302. Findings Congress finds the following: (1) Ensuring that the Federal Government can securely leverage cloud computing products and services is key to expediting the modernization of legacy information technology systems, increasing cybersecurity within and across departments and agencies, and supporting the continued leadership of the United States in technology innovation and job creation. (2) According to independent analysis, as of calendar year 2019, the size of the cloud computing market had tripled since 2004, enabling more than 2,000,000 jobs and adding more than $200,000,000,000 to the gross domestic product of the United States. (3) The Federal Government, across multiple presidential administrations and Congresses, has continued to support the ability of agencies to move to the cloud, including through— (A) President Barack Obama’s Cloud First Strategy ; (B) President Donald Trump’s Cloud Smart Strategy ; (C) the prioritization of cloud security in Executive Order 14028 (86 Fed. Reg. 26633; relating to improving the nation’s cybersecurity), which was issued by President Joe Biden; and (D) more than a decade of appropriations and authorization legislation that provides agencies with relevant authorities and appropriations to modernize on-premises information technology systems and more readily adopt cloud computing products and services. (4) Since it was created in 2011, the Federal Risk and Authorization Management Program (referred to in this section as FedRAMP ) at the General Services Administration has made steady and sustained improvements in supporting the secure authorization and reuse of cloud computing products and services within the Federal Government, including by reducing the costs and burdens on both agencies and cloud companies to quickly and securely enter the Federal market. (5) According to data from the General Services Administration, as of the end of fiscal year 2021, there were 239 cloud providers with FedRAMP authorizations, and those authorizations had been reused more than 2,700 times across various agencies. (6) Providing a legislative framework for FedRAMP and new authorities to the General Services Administration, the Office of Management and Budget, and Federal agencies will— (A) improve the speed at which new cloud computing products and services can be securely authorized; (B) enhance the ability of agencies to effectively evaluate FedRAMP authorized providers for reuse; (C) reduce the costs and burdens to cloud providers seeking a FedRAMP authorization; and (D) provide for more robust transparency and dialogue between industry and the Federal Government to drive stronger adoption of secure cloud capabilities, create jobs, and reduce wasteful legacy information technology. 303. Title 44 amendments (a) Amendment Chapter 36 of title 44, United States Code, is amended by adding at the end the following: 3607. Definitions (a) In general Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to this section through section 3616. (b) Additional definitions In this section through section 3616: (1) Administrator The term Administrator means the Administrator of General Services. (2) Appropriate congressional committees The term appropriate congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (3) Authorization to operate; Federal information The terms authorization to operate and Federal information have the meaning given those term in Circular A–130 of the Office of Management and Budget entitled Managing Information as a Strategic Resource , or any successor document. (4) Cloud computing The term cloud computing has the meaning given the term in Special Publication 800–145 of the National Institute of Standards and Technology, or any successor document. (5) Cloud service provider The term cloud service provider means an entity offering cloud computing products or services to agencies. (6) FedRAMP The term FedRAMP means the Federal Risk and Authorization Management Program established under section 3608. (7) FedRAMP authorization The term FedRAMP authorization means a certification that a cloud computing product or service has— (A) completed a FedRAMP authorization process, as determined by the Administrator; or (B) received a FedRAMP provisional authorization to operate, as determined by the FedRAMP Board. (8) Fedramp authorization package The term FedRAMP authorization package means the essential information that can be used by an agency to determine whether to authorize the operation of an information system or the use of a designated set of common controls for all cloud computing products and services authorized by FedRAMP. (9) FedRAMP Board The term FedRAMP Board means the board established under section 3610. (10) Independent assessment service The term independent assessment service means a third-party organization accredited by the Administrator to undertake conformity assessments of cloud service providers and the products or services of cloud service providers. (11) Secretary The term Secretary means the Secretary of Homeland Security. 3608. Federal Risk and Authorization Management Program There is established within the General Services Administration the Federal Risk and Authorization Management Program. The Administrator, subject to section 3614, shall establish a Government-wide program that provides a standardized, reusable approach to security assessment and authorization for cloud computing products and services that process unclassified information used by agencies. 3609. Roles and responsibilities of the General Services Administration (a) Roles and responsibilities The Administrator shall— (1) in consultation with the Secretary, develop, coordinate, and implement a process to support agency review, reuse, and standardization, where appropriate, of security assessments of cloud computing products and services, including, as appropriate, oversight of continuous monitoring of cloud computing products and services, pursuant to guidance issued by the Director pursuant to section 3614; (2) establish processes and identify criteria consistent with guidance issued by the Director under section 3614 to make a cloud computing product or service eligible for a FedRAMP authorization and validate whether a cloud computing product or service has a FedRAMP authorization; (3) develop and publish templates, best practices, technical assistance, and other materials to support the authorization of cloud computing products and services and increase the speed, effectiveness, and transparency of the authorization process, consistent with standards and guidelines established by the Director of the National Institute of Standards and Technology and relevant statutes; (4) establish and update guidance on the boundaries of FedRAMP authorization packages to enhance the security and protection of Federal information and promote transparency for agencies and users as to which services are included in the scope of a FedRAMP authorization; (5) grant FedRAMP authorizations to cloud computing products and services consistent with the guidance and direction of the FedRAMP Board; (6) establish and maintain a public comment process for proposed guidance and other FedRAMP directives that may have a direct impact on cloud service providers and agencies before the issuance of such guidance or other FedRAMP directives; (7) coordinate with the FedRAMP Board, the Director of the Cybersecurity and Infrastructure Security Agency, and other entities identified by the Administrator, with the concurrence of the Director and the Secretary, to establish and regularly update a framework for continuous monitoring under section 3553; (8) provide a secure mechanism for storing and sharing necessary data, including FedRAMP authorization packages, to enable better reuse of such packages across agencies, including making available any information and data necessary for agencies to fulfill the requirements of section 3613; (9) provide regular updates to applicant cloud service providers on the status of any cloud computing product or service during an assessment process; (10) regularly review, in consultation with the FedRAMP Board— (A) the costs associated with the independent assessment services described in section 3611; and (B) the information relating to foreign interests submitted pursuant to section 3612; (11) in coordination with the Director of the National Institute of Standards and Technology, the Director, the Secretary, and other stakeholders, as appropriate, determine the sufficiency of underlying standards and requirements to identify and assess the provenance of the software in cloud services and products; (12) support the Federal Secure Cloud Advisory Committee established pursuant to section 3616; and (13) take such other actions as the Administrator may determine necessary to carry out FedRAMP. (b) Website (1) In general The Administrator shall maintain a public website to serve as the authoritative repository for FedRAMP, including the timely publication and updates for all relevant information, guidance, determinations, and other materials required under subsection (a). (2) Criteria and process for FedRAMP authorization priorities The Administrator shall develop and make publicly available on the website described in paragraph (1) the criteria and process for prioritizing and selecting cloud computing products and services that will receive a FedRAMP authorization, in consultation with the FedRAMP Board and the Chief Information Officers Council. (c) Evaluation of automation procedures (1) In general The Administrator, in coordination with the Secretary, shall assess and evaluate available automation capabilities and procedures to improve the efficiency and effectiveness of the issuance of FedRAMP authorizations, including continuous monitoring of cloud computing products and services. (2) Means for automation Not later than 1 year after the date of enactment of this section, and updated regularly thereafter, the Administrator shall establish a means for the automation of security assessments and reviews. (d) Metrics for authorization The Administrator shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a FedRAMP authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section 3554 in a manner that minimizes the agency reporting burden. 3610. FedRAMP Board (a) Establishment There is established a FedRAMP Board to provide input and recommendations to the Administrator regarding the requirements and guidelines for, and the prioritization of, security assessments of cloud computing products and services. (b) Membership The FedRAMP Board shall consist of not more than 7 senior officials or experts from agencies appointed by the Director, in consultation with the Administrator, from each of the following: (1) The Department of Defense. (2) The Department of Homeland Security. (3) The General Services Administration. (4) Such other agencies as determined by the Director, in consultation with the Administrator. (c) Qualifications Members of the FedRAMP Board appointed under subsection (b) shall have technical expertise in domains relevant to FedRAMP, such as— (1) cloud computing; (2) cybersecurity; (3) privacy; (4) risk management; and (5) other competencies identified by the Director to support the secure authorization of cloud services and products. (d) Duties The FedRAMP Board shall— (1) in consultation with the Administrator, serve as a resource for best practices to accelerate the process for obtaining a FedRAMP authorization; (2) establish and regularly update requirements and guidelines for security authorizations of cloud computing products and services, consistent with standards and guidelines established by the Director of the National Institute of Standards and Technology, to be used in the determination of FedRAMP authorizations; (3) monitor and oversee, to the greatest extent practicable, the processes and procedures by which agencies determine and validate requirements for a FedRAMP authorization, including periodic review of the agency determinations described in section 3613(b); (4) ensure consistency and transparency between agencies and cloud service providers in a manner that minimizes confusion and engenders trust; and (5) perform such other roles and responsibilities as the Director may assign, with concurrence from the Administrator. (e) Determinations of demand for cloud computing products and services The FedRAMP Board may consult with the Chief Information Officers Council to establish a process, which may be made available on the website maintained under section 3609(b), for prioritizing and accepting the cloud computing products and services to be granted a FedRAMP authorization. 3611. Independent assessment The Administrator may determine whether FedRAMP may use an independent assessment service to analyze, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers during the course of a determination of whether to use a cloud computing product or service. 3612. Declaration of foreign interests (a) In general An independent assessment service that performs services described in section 3611 shall annually submit to the Administrator information relating to any foreign interest, foreign influence, or foreign control of the independent assessment service. (b) Updates Not later than 48 hours after there is a change in foreign ownership or control of an independent assessment service that performs services described in section 3611, the independent assessment service shall submit to the Administrator an update to the information submitted under subsection (a). (c) Certification The Administrator may require a representative of an independent assessment service to certify the accuracy and completeness of any information submitted under this section. 3613. Roles and responsibilities of agencies (a) In general In implementing the requirements of FedRAMP, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3614— (1) promote the use of cloud computing products and services that meet FedRAMP security requirements and other risk-based performance requirements as determined by the Director, in consultation with the Secretary; (2) confirm whether there is a FedRAMP authorization in the secure mechanism provided under section 3609(a)(8) before beginning the process of granting a FedRAMP authorization for a cloud computing product or service; (3) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received a FedRAMP authorization, use the existing assessments of security controls and materials within any FedRAMP authorization package for that cloud computing product or service; and (4) provide to the Director data and information required by the Director pursuant to section 3614 to determine how agencies are meeting metrics established by the Administrator. (b) Attestation Upon completing an assessment or authorization activity with respect to a particular cloud computing product or service, if an agency determines that the information and data the agency has reviewed under paragraph (2) or (3) of subsection (a) is wholly or substantially deficient for the purposes of performing an authorization of the cloud computing product or service, the head of the agency shall document as part of the resulting FedRAMP authorization package the reasons for this determination. (c) Submission of authorizations to operate required Upon issuance of an agency authorization to operate based on a FedRAMP authorization, the head of the agency shall provide a copy of its authorization to operate letter and any supplementary information required pursuant to section 3609(a) to the Administrator. (d) Submission of policies required Not later than 180 days after the date on which the Director issues guidance in accordance with section 3614(1), the head of each agency, acting through the chief information officer of the agency, shall submit to the Director all agency policies relating to the authorization of cloud computing products and services. (e) Presumption of adequacy (1) In general The assessment of security controls and materials within the authorization package for a FedRAMP authorization shall be presumed adequate for use in an agency authorization to operate cloud computing products and services. (2) Information security requirements The presumption under paragraph (1) does not modify or alter— (A) the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing product or service used by the agency; or (B) the authority of the head of any agency to make a determination that there is a demonstrable need for additional security requirements beyond the security requirements included in a FedRAMP authorization for a particular control implementation. 3614. Roles and responsibilities of the Office of Management and Budget The Director shall— (1) in consultation with the Administrator and the Secretary, issue guidance that— (A) specifies the categories or characteristics of cloud computing products and services that are within the scope of FedRAMP; (B) includes requirements for agencies to obtain a FedRAMP authorization when operating a cloud computing product or service described in subparagraph (A) as a Federal information system; and (C) encompasses, to the greatest extent practicable, all necessary and appropriate cloud computing products and services; (2) issue guidance describing additional responsibilities of FedRAMP and the FedRAMP Board to accelerate the adoption of secure cloud computing products and services by the Federal Government; (3) in consultation with the Administrator, establish a process to periodically review FedRAMP authorization packages to support the secure authorization and reuse of secure cloud products and services; (4) oversee the effectiveness of FedRAMP and the FedRAMP Board, including the compliance by the FedRAMP Board with the duties described in section 3610(d); and (5) to the greatest extent practicable, encourage and promote consistency of the assessment, authorization, adoption, and use of secure cloud computing products and services within and across agencies. 3615. Reports to Congress; GAO report (a) Reports to congress Not later than 1 year after the date of enactment of this section, and annually thereafter, the Director shall submit to the appropriate congressional committees a report that includes the following: (1) During the preceding year, the status, efficiency, and effectiveness of the General Services Administration under section 3609 and agencies under section 3613 and in supporting the speed, effectiveness, sharing, reuse, and security of authorizations to operate for secure cloud computing products and services. (2) Progress towards meeting the metrics required under section 3609(d). (3) Data on FedRAMP authorizations. (4) The average length of time to issue FedRAMP authorizations. (5) The number of FedRAMP authorizations submitted, issued, and denied for the preceding year. (6) A review of progress made during the preceding year in advancing automation techniques to securely automate FedRAMP processes and to accelerate reporting under this section. (7) The number and characteristics of authorized cloud computing products and services in use at each agency consistent with guidance provided by the Director under section 3614. (8) A review of FedRAMP measures to ensure the security of data stored or processed by cloud service providers, which may include— (A) geolocation restrictions for provided products or services; (B) disclosures of foreign elements of supply chains of acquired products or services; (C) continued disclosures of ownership of cloud service providers by foreign entities; and (D) encryption for data processed, stored, or transmitted by cloud service providers. (b) GAO report Not later than 180 days after the date of enactment of this section, the Comptroller General of the United States shall report to the appropriate congressional committees an assessment of the following: (1) The costs incurred by agencies and cloud service providers relating to the issuance of FedRAMP authorizations. (2) The extent to which agencies have processes in place to continuously monitor the implementation of cloud computing products and services operating as Federal information systems. (3) How often and for which categories of products and services agencies use FedRAMP authorizations. (4) The unique costs and potential burdens incurred by cloud computing companies that are small business concerns (as defined in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ) as a part of the FedRAMP authorization process. 3616. Federal Secure Cloud Advisory Committee (a) Establishment, purposes, and duties (1) Establishment There is established a Federal Secure Cloud Advisory Committee (referred to in this section as the Committee ) to ensure effective and ongoing coordination of agency adoption, use, authorization, monitoring, acquisition, and security of cloud computing products and services to enable agency mission and administrative priorities. (2) Purposes The purposes of the Committee are the following: (A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following: (i) Measures to increase agency reuse of FedRAMP authorizations. (ii) Proposed actions that can be adopted to reduce the burden, confusion, and cost associated with FedRAMP authorizations for cloud service providers. (iii) Measures to increase the number of FedRAMP authorizations for cloud computing products and services offered by small businesses concerns (as defined by section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). (iv) Proposed actions that can be adopted to reduce the burden and cost of FedRAMP authorizations for agencies. (B) Collect information and feedback on agency compliance with and implementation of FedRAMP requirements. (C) Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community. (3) Duties The duties of the Committee include providing advice and recommendations to the Administrator, the FedRAMP Board, and agencies on technical, financial, programmatic, and operational matters regarding secure adoption of cloud computing products and services. (b) Members (1) Composition The Committee shall be comprised of not more than 15 members who are qualified representatives from the public and private sectors, appointed by the Administrator, in consultation with the Director, as follows: (A) The Administrator or the Administrator’s designee, who shall be the Chair of the Committee. (B) At least 1 representative each from the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology. (C) At least 2 officials who serve as the Chief Information Security Officer within an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee. (D) At least 1 official serving as Chief Procurement Officer (or equivalent) in an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee. (E) At least 1 individual representing an independent assessment service. (F) At least 5 representatives from unique businesses that primarily provide cloud computing services or products, including at least 2 representatives from a small business concern (as defined by section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) )). (G) At least 2 other representatives of the Federal Government as the Administrator determines necessary to provide sufficient balance, insights, or expertise to the Committee. (2) Deadline for appointment Each member of the Committee shall be appointed not later than 90 days after the date of enactment of this section. (3) Period of appointment; vacancies (A) In general Each non-Federal member of the Committee shall be appointed for a term of 3 years, except that the initial terms for members may be staggered 1-, 2-, or 3-year terms to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms. (B) Vacancies Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. (c) Meetings and rules of procedures (1) Meetings The Committee shall hold not fewer than 3 meetings in a calendar year, at such time and place as determined by the Chair. (2) Initial meeting Not later than 120 days after the date of enactment of this section, the Committee shall meet and begin the operations of the Committee. (3) Rules of procedure The Committee may establish rules for the conduct of the business of the Committee if such rules are not inconsistent with this section or other applicable law. (d) Employee status (1) In general A member of the Committee (other than a member who is appointed to the Committee in connection with another Federal appointment) shall not be considered an employee of the Federal Government by reason of any service as such a member, except for the purposes of section 5703 of title 5, relating to travel expenses. (2) Pay not permitted A member of the Committee covered by paragraph (1) may not receive pay by reason of service on the Committee. (e) Applicability to the federal advisory committee act Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. (f) Detail of employees Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (g) Postal services The Committee may use the United States mails in the same manner and under the same conditions as agencies. (h) Reports (1) Interim reports The Committee may submit to the Administrator and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by the Committee. (2) Annual reports Not later than 540 days after the date of enactment of this section, and annually thereafter, the Committee shall submit to the Administrator and Congress a report containing such findings, conclusions, and recommendations as have been agreed to by the Committee. . (b) Technical and conforming amendment The table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following new items: 3607. Definitions. 3608. Federal Risk and Authorization Management Program. 3609. Roles and responsibilities of the General Services Administration. 3610. FedRAMP Board. 3611. Independent assessment. 3612. Declaration of foreign interests. 3613. Roles and responsibilities of agencies. 3614. Roles and responsibilities of the Office of Management and Budget. 3615. Reports to Congress; GAO report. 3616. Federal Secure Cloud Advisory Committee. . (c) Sunset (1) In general Effective on the date that is 5 years after the date of enactment of this Act, chapter 36 of title 44, United States Code, is amended by striking sections 3607 through 3616. (2) Conforming amendment Effective on the date that is 5 years after the date of enactment of this Act, the table of sections for chapter 36 of title 44, United States Code, is amended by striking the items relating to sections 3607 through 3616. (d) Rule of construction Nothing in this section or any amendment made by this section shall be construed as altering or impairing the authorities of the Director of the Office of Management and Budget or the Secretary of Homeland Security under subchapter II of chapter 35 of title 44, United States Code.
February 9, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3600pcs/xml/BILLS-117s3600pcs.xml |
117-s-3601 | II 117th CONGRESS 2d Session S. 3601 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 3), 2022 Ms. Duckworth (for herself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Administrator of the Federal Emergency Management Agency to include breast pumps and other lactation supplies and equipment in disaster relief and emergency response.
1. Short title This Act may be cited as the Delivering Essentials to Mothers Amid Natural Disasters Act of 2022 or the DEMAND Act of 2022 . 2. Lactation support provider defined In this Act, the term lactation support provider — (1) means an individual who is a breastfeeding and lactation educator or counselor, without regard to the type of license or certification the individual holds, if any; and (2) includes— (A) a lactation consultant; (B) a breastfeeding counselor; (C) a breastfeeding peer counselor; and (D) a lactation educator. 3. Breastfeeding supplies and support services Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, in consultation with the head of the Federal Interagency Breastfeeding Workgroup, shall designate the following items as items for which individuals and households may receive financial assistance under section 408(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(e) ): (1) Breast pumps. (2) Other lactation supplies appropriate for use in an emergency setting. (3) Other equipment necessary to support the safe use of breast pumps. (4) Services of lactation support providers. | https://www.govinfo.gov/content/pkg/BILLS-117s3601is/xml/BILLS-117s3601is.xml |
117-s-3602 | II 117th CONGRESS 2d Session S. 3602 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 3), 2022 Mr. Rubio (for himself, Mr. Tillis , Mr. Braun , Mr. Boozman , Mr. Hagerty , Mr. Cruz , Mr. Rounds , Mrs. Capito , Mr. Crapo , and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To direct the Administrator of the Transportation Security Administration to prohibit the use of certain identification documents at airport security checkpoints, and for other purposes.
1. Short title This Act may be cited as the Strengthening Enforcement to Curtail Unlawful, Risky Entrance to Flights Act of 2022 or the SECURE Flights Act of 2022 . 2. Prohibited identification documents at airport security checkpoints; notification to immigration agencies (a) In general The Administrator may not accept as valid proof of identification a prohibited identification document at an airport security checkpoint. (b) Notification to immigration agencies If an individual presents a prohibited identification document to an officer of the Transportation Security Administration at an airport security checkpoint, the Administrator shall promptly notify the Director of U.S. Immigration and Customs Enforcement, the Director of U.S. Customs and Border Protection, and the head of the appropriate local law enforcement agency to determine whether the individual is in violation of any term of release from the custody of any such agency. (c) Entry into sterile areas (1) In general Except as provided in paragraph (2), if an individual is found to be in violation of any term of release under subsection (b), the Administrator shall not permit such individual to enter a sterile area. (2) Exception An individual presenting a prohibited identification document under this section may enter a sterile area if the individual— (A) is leaving the United States for the purposes of removal or deportation; or (B) presents a covered identification document. 3. Collection of biometric information from certain individuals seeking entry into sterile areas (a) In general Beginning not later than 120 days after the date of the enactment of this Act, the Administrator shall collect biometric information from an individual described in subsection (b) prior to authorizing such individual to enter into a sterile area. (b) Individual described An individual described in this subsection is an individual who— (1) is seeking entry into a sterile area; (2) does not present a covered identification document; and (3) the Administrator cannot verify is a national of the United States. (c) Participation in IDENT Beginning not later than 120 days after the date of the enactment of this Act, the Administrator, in coordination with the Secretary of Homeland Security, shall submit biometric data collected under this section to the Automated Biometric Identification System (IDENT). 4. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Transportation Security Administration. (2) Biometric information The term biometric information means any of the following: (A) A fingerprint. (B) A palm print. (C) A photograph, including— (i) a photograph of an individual’s face for use with facial recognition technology; and (ii) a photograph of any physical or anatomical feature, such as a scar, skin mark, or tattoo. (D) A signature. (E) A voice print. (F) An iris image. (3) Covered identification document The term covered identification document means any of the following, if the document is valid and unexpired: (A) A United States passport or passport card. (B) A biometrically secure card issued by a trusted or registered traveler program of the Department of Homeland Security, including— (i) Global Entry; (ii) NEXUS; (iii) Secure Electronic Network for Travelers Rapid Inspection (SENTRI); and (iv) Free and Secure Trade (FAST). (C) An identification card issued by the Department of Defense, including such a card issued to a dependent. (D) Any document required for admission to the United States under section 211(a) of the Immigration and Nationality Act ( 8 U.S.C. 1181(a) ). (E) An enhanced driver’s license issued by a State. (F) A photo identification card issued by a federally recognized Indian Tribe. (G) A personal identity verification credential issued in accordance with Homeland Security Presidential Directive 12. (H) A driver's license issued by a province of Canada. (I) A Secure Certificate of Indian Status issued by the Government of Canada. (J) A Transportation Worker Identification Credential. (K) An Employment Authorization Document issued by U.S. Citizenship and Immigration Services. (L) A Merchant Mariner Credential issued by the Coast Guard. (M) A Veteran Health Identification Card issued by the Department of Veterans Affairs. (N) Any other document that the Administrator determines, pursuant to a rule making in accordance with section 553 of title 5, United States Code, will satisfy the identity verification procedures of the Transportation Security Administration. (4) Immigration laws The term immigration laws has the meaning given that term in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (5) Prohibited identification document The term prohibited identification document means any of the following (or any applicable successor form): (A) U.S. Immigration and Customs Enforcement Form I–200, Warrant for Arrest of Alien. (B) U.S. Immigration and Customs Enforcement Form I–205, Warrant of Removal/Deportation. (C) U.S. Immigration and Customs Enforcement Form I–220A, Order of Release on Recognizance. (D) U.S. Immigration and Customs Enforcement Form I–220B, Order of Supervision. (E) Department of Homeland Security Form I–862, Notice to Appear. (F) U.S. Customs and Border Protection Form I–94, Arrival/Departure Record (including a print-out of an electronic record). (G) Department of Homeland Security Form I–385, Alien Booking Record. (6) Sterile area The term sterile area has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation. | https://www.govinfo.gov/content/pkg/BILLS-117s3602is/xml/BILLS-117s3602is.xml |
117-s-3603 | II 117th CONGRESS 2d Session S. 3603 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 3), 2022 Mrs. Blackburn (for herself and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To direct the Secretary of Veterans Affairs to carry out a pilot program to improve the ability of veterans to access medical care in medical facilities of the Department of Veterans Affairs and in the community by providing veterans the ability to choose health care providers.
1. Short title This Act may be cited as the Veterans Health Care Freedom Act . 2. Pilot program on ability of veterans to choose health care providers (a) Pilot program (1) Requirement The Secretary of Veterans Affairs, acting through the Center for Innovation for Care and Payment of the Department of Veterans Affairs, shall carry out a pilot program to improve the ability of eligible veterans to access hospital care, medical services, and extended care services through the covered care system by providing eligible veterans the ability to choose health care providers. (2) Locations The Secretary shall select a minimum of four Veterans Integrated Service Networks in which to carry out the pilot program. (b) Removal of certain requirements To access care In carrying out the pilot program, the Secretary shall furnish hospital care, medical services, and extended care services to eligible veterans through the covered care system as follows: (1) At medical facilities of the Department of Veterans Affairs, regardless of whether the facility is in the same Veterans Integrated Service Network as the Network in which the veteran resides. (2) At non-Department facilities pursuant to, as appropriate— (A) section 1703 of title 38, United States Code, without regard to the requirements specified in subsection (d) of such section; or (B) section 1703A of such title, without regard to whether the care or service is not feasibly available to the eligible veteran from a facility of the Department or through a contract or sharing agreement entered into pursuant to a provision of law other than such section as required under subparagraphs (A) and (C) of subsection (a)(1) of such section. (c) Election of veteran In accordance with subsections (d) and (e), an eligible veteran participating in the pilot program may elect to receive hospital care, medical services, and extended care services at any provider in the covered care system. (d) Coordination of care (1) Selection Each eligible veteran participating in the pilot program shall select a primary care provider in the covered care system. (2) Coordination The primary care provider of an eligible veteran selected under paragraph (1) shall— (A) coordinate with the Secretary and other health care providers the hospital care, medical services, and extended care services furnished to the veteran under the pilot program; and (B) refer the veteran to specialty care providers in the covered care system, as clinically necessary. (3) Systems The Secretary shall establish systems as the Secretary determines appropriate to ensure that a primary care provider can effectively coordinate the hospital care, medical services, and extended care services furnished to a veteran under the pilot program. (e) Specialty care (1) Access Subject to subsection (d)(2)(B), an eligible veteran participating in the pilot program may select any specialty care provider in the covered care system from which to receive specialty care. (2) Designation The Secretary may designate a specialty care provider as a primary care provider of an eligible veteran participating in the pilot program if the Secretary determines that such designation is in the health interests of the veteran (such as an endocrinologist with respect to a veteran diagnosed with diabetes, a neurologist with respect to a veteran diagnosed with Parkinson’s disease, or an obstetrician-gynecologist with respect to a female veteran). (f) Mental health care An eligible veteran participating in the pilot program may select a mental health care provider in the covered care system from which to receive mental health care. (g) Information In carrying out the pilot program, the Secretary shall furnish to eligible veterans the information on eligibility, cost sharing, treatments, and providers required for veterans to make informed decisions with respect to— (1) selecting primary care providers and specialty care providers; and (2) treatments available to the veteran. (h) Duration (1) Phase in The Secretary shall carry out the pilot program during the three-year period beginning on the date that is one year after the date of the enactment of this Act. (2) Permanent requirement (A) Veterans Community Care Program Section 1703(d) of title 38, United States Code, is amended— (i) in paragraph (1), by striking The Secretary shall and inserting Except as provided by paragraph (4), the Secretary shall ; and (ii) by adding at the end the following new paragraph: (4) Beginning on the date that is four years after the date of the enactment of the Veterans Health Care Freedom Act — (A) the requirements under paragraphs (1), (2), and (3) shall not apply with respect to furnishing hospital care, medical services, and extended care services to a covered veteran under this section; and (B) the Secretary shall furnish hospital care, medical services, and extended care services to a covered veteran under this section with the same conditions on the ability of the veteran to choose health care providers as specified in the pilot program described in section 2 of such Act. . (B) Veterans Care Agreements Section 1703A(a)(1) of such title is amended— (i) in subparagraph (C), by striking For purposes and inserting Except as provided by subparagraph (E), for purposes ; and (ii) by adding at the end the following new subparagraph: (E) Beginning on the date that is four years after the date of the enactment of the Veterans Health Care Freedom Act — (i) the requirement under subparagraph (A) and (C) that care or services may only be furnished under this section to covered individuals when such care or services are not feasibly available to the covered individual from a facility of the Department or through a contract or sharing agreement entered into pursuant to a provision of law other than this section shall not apply with respect to furnishing hospital care, medical services, and extended care services to a covered individual under this section; and (ii) the Secretary shall furnish hospital care, medical services, and extended care services to a covered individual under this section with the same conditions on the ability of the individual to choose health care providers as specified in the pilot program described in section 2 of such Act. . (C) V ISN s Beginning on the date that is four years after the date of the enactment of this Act, the Secretary shall furnish hospital care, medical services, and extended care services to veterans under chapter 17 of title 38, United States Code, at medical facilities of the Department of Veterans Affairs, regardless of whether the facility is in the same Veterans Integrated Service Network as the Network in which the veteran resides. (i) Reports (1) Implementation (A) In general On a quarterly basis during the two-year period beginning on the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the implementation of the pilot program. (B) Final design One of the reports required under subparagraph (A) shall contain a description of the final design of the pilot program. (2) Annual On an annual basis during the period beginning on the date that is one year after the date of the submission of the final report under paragraph (1) and ending on the date of the conclusion of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the results of the pilot program. (j) Regulations The Secretary, in consultation with the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, may prescribe regulations to carry out this section. (k) No additional appropriations No additional funds are authorized to be appropriated to carry out this section and the amendments made by this section, and this section and the amendments made by this section shall be carried out using amounts otherwise made available to the Veterans Health Administration. (l) Definitions In this section: (1) Covered care system The term covered care system means each— (A) medical facility of the Department; (B) health care provider specified in subsection 1703(c) of title 38, United States Code; and (C) eligible entity or provider that has entered into a Veterans Care Agreement under section 1703A of such title. (2) Eligible veteran The term eligible veteran means a veteran who is enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code. (3) Hospital care; medical services; non-Department facilities The terms hospital care , medical services , and non-Department facilities have the meanings given those terms in section 1701 of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s3603is/xml/BILLS-117s3603is.xml |
117-s-3604 | II 117th CONGRESS 2d Session S. 3604 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit Federal funds from being made available to any preschool, kindergarten, elementary school, or secondary school that has a face mask mandate.
1. Short title This Act may be cited as the Unmask Our Kids Act of 2022 . 2. Requirement to rescind school face mask mandates to receive Federal funding (a) Definitions In this section, the terms elementary school , local educational agency , Secretary , and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (b) Requirement To rescind school mask mandates To receive federal funding No Federal funds shall be made available to any preschool, kindergarten, elementary school, or secondary school that— (1) mandates that students wear face masks while on school grounds or engaged in school-sponsored activities; or (2) limits participation in school activities for students who voluntarily elect not to wear a face mask on school grounds or while engaged in school-sponsored activities. (c) Ensuring compliance The Secretary shall require each application for Federal assistance submitted to the Secretary by a State educational agency or local educational agency to attest that all preschools, kindergartens, elementary schools, and secondary schools receiving Federal funds served by the agency have rescinded any face mask mandate. | https://www.govinfo.gov/content/pkg/BILLS-117s3604is/xml/BILLS-117s3604is.xml |
117-s-3605 | II 117th CONGRESS 2d Session S. 3605 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mr. Casey (for himself, Mr. Brown , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide formula grants to States to improve higher education opportunities for foster youth and homeless youth, and for other purposes.
1. Short title This Act may be cited as the Fostering Success in Higher Education Act of 2022 . 2. Formula grants to States to improve higher education opportunities for foster youth and homeless youth Title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1133 et seq. ) is amended by adding at the end the following: F Grants for Improving Access to and Success in Higher Education for Foster Youth and Homeless Youth 791. Definitions In this part: (1) Foster youth The term foster youth — (A) means an individual whose care and placement is the responsibility of the State or tribal agency that administers a State or tribal plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. ; 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of such Act ( 42 U.S.C. 672 ) on behalf of the individual; and (B) includes any individual— (i) whose care and placement was the responsibility of such a State or tribal agency when, or at any time after, the individual attained 13 years of age, without regard to whether foster care maintenance payments were made under section 472 of such Act ( 42 U.S.C. 672 ) on behalf of the individual; and (ii) who is no longer under the care and responsibility of such a State or tribal agency, without regard to any subsequent adoption, guardianship arrangement, or other form of permanency option. (2) Homeless youth The term homeless youth has the meaning given the term homeless children and youths in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). (3) Indian Tribe; tribal organization The terms Indian Tribe and Tribal organization have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) State The term State means each of the several States and the District of Columbia. (5) Territory The term territory means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. 792. Formula grants to States to improve access to and success in higher education for foster youth and homeless youth (a) Grant program established From the amount appropriated under subsection (h), the Secretary shall make allotments under subsection (b), to States having applications approved under subsection (c), to enable each State to— (1) carry out the statewide transition initiative described in subsection (d); and (2) make subgrants described in subsection (e). (b) Allotments (1) Formula (A) Reservation for Indian tribes and territories (i) In general From the amount appropriated under subsection (h) for a fiscal year and subject to clause (ii), the Secretary shall reserve— (I) not more than 3 percent for grants to Indian Tribes, consortia of Indian Tribes, or Tribal organizations; and (II) not more than 2 percent for grants to territories. (ii) Requirements In awarding grants under this subparagraph, the Secretary— (I) shall not award a grant under subclause (I) or (II) of clause (i) for a fiscal year for which no Indian Tribe (or consortium of Indian Tribes) or Tribal organization, or territory, respectively, submits a satisfactory application for a grant under such subclause; (II) shall require that any Indian Tribe, consortium, Tribal organization, or territory that receives a grant under this subparagraph provide an assurance of a partnership among relevant education, child welfare, and homeless agencies or organizations; and (III) may determine any other requirements with respect to such grants (including the allocation, application, and use of fund requirements), which to the extent possible, shall be consistent with the requirements for States under this part, except that appropriate adjustments shall be made based on the needs and size of populations served by the Indian Tribe, consortium, Tribal organization, or territory applying for the grant. (B) Reservation for Department activities From the amount appropriated under subsection (h) for a fiscal year, the Secretary may reserve— (i) not more than 7 percent to— (I) provide technical assistance, in consultation with the Secretary of Health and Human Services, to States carrying out activities under this section; and (II) complete the evaluations required by subsection (g)(1); and (ii) not more than 3 percent for administrative expenses. (C) Allotments From the amount appropriated under subsection (h) for fiscal year and remaining after the Secretary reserves funds under subparagraphs (A) and (B), the Secretary shall allot to each State the greater of— (i) $500,000; or (ii) the amount that bears the same proportion to the remaining appropriated amount for such fiscal year as the number of foster youth and homeless youth in the State bears to the number of foster youth and homeless youth in all States. (D) Ratable reduction If the amount appropriated under subsection (h) for a fiscal year and remaining after the Secretary reserves funds under subparagraphs (A) and (B) is less than the amount required to be allotted to States under subparagraph (C), then the amount of the allotment to each State shall be ratably reduced. (2) State Reservation From the amounts awarded a State under paragraph (1)(C) for a fiscal year, the State may reserve not more than 5 percent for administrative expenses. (3) Temporary ineligibility for subsequent payments (A) In general The Secretary shall determine a State to be temporarily ineligible to receive a grant payment under this subsection for a fiscal year if— (i) the State fails to submit an annual report under subsection (f) for the preceding fiscal year; or (ii) the Secretary determines, based on information in such annual report, that the State is not effectively— (I) meeting the outcomes described in the application of such State under subsection (c)(2)(C), and does not have a plan to improve the outcomes; (II) monitoring and evaluating the activities under subsections (d) and (e); or (III) using funds as required under subsections (d) and (e). (B) Reinstatement If the Secretary determines that a State is ineligible under subparagraph (A), the Secretary may enter into an agreement with the State setting forth the terms and conditions under which the State may regain eligibility to receive payments under this section. (c) Applications (1) In general For each fiscal year for which a State desires an allotment under subsection (b), the State shall submit an application to the Secretary at such time, in such manner, and containing the information described in paragraph (2). (2) Information required An application submitted under paragraph (1) shall include the following: (A) A plan for how the State will carry out the activities under subsections (d) and (e). (B) A description of the State’s capacity to carry out such activities. (C) A description of intended outcomes for such activities. (D) A plan for how the State will monitor and evaluate such activities, including how the State will use data to continually update and improve such activities. (E) A description of how students will be identified and recruited for participation in the statewide transition initiative under subsection (d). (F) An estimate of the number and characteristics of the populations targeted for participation in the statewide transition initiative under subsection (d) with attention to the diverse needs of homeless youth and foster youth in the State. (G) A description of how the State will coordinate services provided under the grant with services provided to foster youth and homeless youth under the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. ), the Elementary and Secondary Education Act of 1965, and the Runaway and Homeless Youth Act ( 34 U.S.C. 11201 et seq. ), and other services provided to foster youth and homeless youth by the State. (H) An assurance that the State will comply with subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. ). (I) An assurance that the State will partner with State educational agencies, local educational agencies, institutions of higher education, State and local child welfare authorities, and other relevant organizations that serve foster youth or homeless youth. (J) An assurance that the State will submit the annual report required under subsection (f). (K) A budgetary analysis of the use of funds awarded under this section. (L) Such other information as the Secretary may require. (d) statewide transition initiative (1) Use of funds Subject to subsection (b)(2), and in consultation and coordination with the entities described in paragraph (2), a State receiving a grant award under this section shall use not less than 25 percent of the funds to— (A) provide intensive outreach and support to foster youth and homeless youth to— (i) improve the understanding and preparation of such youth for enrollment in institutions of higher education; (ii) increase the number of applications to institutions of higher education submitted by such youth; and (iii) increase the number of enrollments of such youth at institutions of higher education; (B) provide education to foster youth and homeless youth with respect to— (i) the benefits and opportunities of postsecondary education; (ii) planning for postsecondary education; (iii) financial aid opportunities for enrollment at an institution of higher education; (iv) the Federal and State services and benefits available to foster youth and homeless youth while enrolled at an institution of higher education, including health and mental health services; (v) career exploration; and (vi) financial literacy training, including security from identity theft; (C) assist foster youth and homeless youth with submitting applications for— (i) enrollment at an institution of higher education; (ii) financial aid for such enrollment; and (iii) scholarships available for such students, including under a State educational and training voucher program referred to in section 477(i) of the Social Security Act ( 42 U.S.C. 677(i) ); and (D) provide free programming, which may include free transportation to and from such programming, for foster youth and homeless youth to prepare such individuals socially and academically for the rigors of postsecondary education during the summer before such individuals first attend an institution of higher education. (2) Required consultation and coordination In carrying out the activities described in paragraph (1), a State shall consult and coordinate with State educational agencies, local educational agencies, institutions of higher education, State and local child welfare authorities, and other relevant organizations that serve foster youth or homeless youth. (e) Subgrants To create institutions of excellence (1) In general Subject to subsection (b)(2), a State receiving a grant under this section shall, acting through the administering State agency, use not less than 70 percent of the funds to award, on a competitive basis, subgrants to eligible institutions to enable such institutions to become institutions of excellence by improving college access, retention, and completion rates for foster and homeless youth as described in paragraph (3). (2) Application (A) In general An eligible institution desiring a subgrant under this subsection shall submit an application to the State in which such eligible institution is located, at such time, in such manner, and containing such information as the State may require. (B) Technical assistance Each State receiving an allotment under this section shall provide outreach and technical assistance to eligible institutions with respect to applications for subgrants under this subsection. (3) Activities An eligible institution that receives a subgrant under this subsection shall use the subgrant funds to carry out the following activities with respect to homeless youth and foster youth: (A) Provide flexibility and assistance in completing the application process to enroll at such institution. (B) Coordinate programs with relevant on- and off-campus stakeholders to increase the enrollment of such youth at the institution and align services at the institution for such youth. (C) Adjust the cost of attendance for such youth at such eligible institution to include the cost of housing during periods of non-enrollment. (D) Provide institutional aid to such students to meet the cost of attendance that is not covered by other Federal or State educational grants. (E) Provide outreach to such students to ensure that such youth are aware of housing resources available during periods of non-enrollment. (F) Subsidize any fees for such students associated with orientation and offer free transportation to the orientation or move-in week at the eligible institution. (G) Hire and provide training for at least one full-time staff member at the eligible institution to serve as a point of contact to provide case management services and monthly face-to-face meetings with students who are foster youth or homeless youth. Such individual shall have an advanced degree and at least two years of relevant experience. (H) Establish or enhance campus support programs to provide such students with a wide-range of on-campus services, including— (i) assistance with financial aid; (ii) career advice; and (iii) leadership development. (I) Ensure the availability of robust health services (physical and mental) that meet the specific needs of foster youth and homeless youth. (J) Establish or expand early alert systems to identify and support such students who may be struggling academically. (K) For each such student with reasonable, unanticipated expenses that would not be covered by the institutional aid provided under subparagraph (D) and that would be necessary for the student to persist in college during an academic year, provide the student with access to an emergency grant to help cover such expenses. (L) Collect, review, and monitor data for program improvement. (4) Reliance on institutional aid or emergency grants Any institutional aid or emergency grant funds provided to a student under subparagraph (D) or (K) of paragraph (3) by an eligible institution during the period of the institution’s subgrant under this subsection shall continue to be provided during the student’s continuous enrollment at the institution, without regard to whether the subgrant period ends during such enrollment. (5) Definitions In this subsection: (A) Administering State agency The term administering State agency means a State agency— (i) designated by the Governor or executive of the State to administer the subgrants under this subsection; and (ii) that, with respect to such State, has jurisdiction over— (I) foster youth; (II) homeless youth; (III) elementary and secondary education; or (IV) higher education. (B) Eligible institution The term eligible institution means an institution of higher education— (i) that is in partnership with— (I) the State child welfare agency that is responsible for the administration of the State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. ; 670 et seq.); and (II) an organization that serves homeless youth (such as a youth shelter or outreach program); and (ii) that may partner with any other provider, agency, official, or entity that serves foster youth and homeless youth, or former foster youth and homeless youth. (f) State reports For each year in which a State receives an allotment under subsection (b), the State shall prepare and submit a report to the Secretary that includes— (1) each activity or service that was carried out under this section; (2) the cost of providing each such activity or service; (3) the number of students who received each activity or service disaggregated by demographics; (4) using qualitative and quantitative analysis, how the State— (A) improved access to higher education for foster youth and homeless youth; and (B) measured youth satisfaction with activities carried out under this part; (5) an analysis of the implementation and progress of the statewide transition initiative under subsection (d), including challenges and changes made to the initiative throughout the preceding year; (6) if, based on the analysis under paragraph (5), the State determines that the program is not on track to meet the intended outcomes described in the application of the State under subsection (c)(2)(C), a description of how the State plans to meet such intended outcomes; and (7) information on the eligible institutions receiving subgrants, including how such institutions used subgrant funds to carry out the activities described in subsection (e)(3). (g) Department activities (1) Evaluations Beginning on the date on which funds are first allotted under subsection (b), and annually thereafter, the Secretary shall evaluate recipients of allotments and subgrants under this section. The results of such evaluations shall be made publicly available on the website of the Department. (2) Report to Congress Not later than 1 year after the date on which funds are first allotted under subsection (b), and annually thereafter, the Secretary shall submit a report to Congress that includes— (A) the amount of each allotment under subsection (b); (B) the amount of each subgrant under subsection (e); and (C) with respect to the year for which such report is made, the results of the evaluations under paragraph (1). (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2022 and each of the 5 succeeding fiscal years. . | https://www.govinfo.gov/content/pkg/BILLS-117s3605is/xml/BILLS-117s3605is.xml |
117-s-3606 | II 117th CONGRESS 2d Session S. 3606 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mr. Tuberville (for himself, Mr. Thune , Mr. Rubio , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to eliminate the requirement to specify an effective period of a transfer of Post-9/11 educational assistance to a dependent, and for other purposes.
1. Elimination of requirement to specify an effective period of a transfer of Post-9/11 educational assistance to a dependent Section 3319(e) of title 38, United States Code, is amended— (1) in paragraph (1), by adding and after the semicolon; (2) in paragraph (2), by striking ; and and inserting a period; and (3) by striking paragraph (3). | https://www.govinfo.gov/content/pkg/BILLS-117s3606is/xml/BILLS-117s3606is.xml |
117-s-3607 | II 117th CONGRESS 2d Session S. 3607 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mr. Whitehouse (for himself, Mr. Cassidy , Mr. Reed , and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional gold medal, collectively, to the First Rhode Island Regiment, in recognition of their dedicated service during the Revolutionary War.
1. Short title This Act may be cited as the First Rhode Island Regiment Congressional Gold Medal Act . 2. Findings Congress makes the following findings: (1) During the winter at Valley Forge, from 1777–1778, the Continental Army had difficulty recruiting the necessary quotas of men set by the Congress. (2) At the same time, the State of Rhode Island was ordered to supply two battalions while faced with the occupation of the City of Newport by the British. (3) In January 1778, at the urging of Brigadier General James Varnum, General George Washington wrote to Governor Nicholas Cooke of the State of Rhode Island requesting assistance recruiting men for the Continental Line. (4) On February 14, 1778, the Rhode Island General Assembly voted to allow the enlistment of every able-bodied negro, mulatto, or Indian man slave . (5) In addition, the Rhode Island General Assembly provided that any enlisted slave upon his passing muster before Colonel Christopher Greene, be immediately discharged from the service of his master or mistress, and be absolutely free as though he had never been incumbered and be incumbered with any kind of servitude or slavery. . (6) As a result, between February 1778 and June 1778, Colonel Christopher Greene, Lt. Colonel Jeremiah Olney and Major Samuel Ward recruited almost 200 men of African heritage and Indigenous descent who formed the core of the First Rhode Island Regiment. (7) The First Rhode Island Regiment became among the first units in American History in which men of every race and ethnicity were recruited to serve. (8) On August 28, 1778, at the Battle of Rhode Island, following an attempted siege of British-occupied Newport along with the newly allied French fleet, the First Rhode Island Regiment acted heroically in holding back Hessian forces and causing them to retreat. (9) During the Battle of Rhode Island, the First Rhode Island Regiment’s losses included three killed, nine wounded and eleven missing soldiers. (10) For an additional 5 years, the First Rhode Island Regiment fought bravely to win American independence including at Fort Oswego, Saratoga, and Yorktown. (11) On June 13, 1783, at Saratoga, the First Rhode Island Regiment was demobilized. (12) Their commander, Colonel Jeremiah Olney, praised the Regiment for faithfully preserving in the best of causes, in every stage of service, with unexampled fortitude and patience through all the danger and toils of a long and severe war . (13) Afterwards, some veterans of the First Rhode Island Regiment had to consistently resist efforts at re-enslavement and fought for back wages from the Rhode Island General Assembly. (14) According to the Rhode Island State Archives, the First Rhode Island Regiment included at least the following soldiers: Babcock, Priamus (Primus); Bent, Prince; Bours, Cato; Brown, Priamus (Primus); Burk, Africa; Burroughs, John; Carpenter, Cudgo; Champlin, Dick; Champlin, Jack; Champlin, July; Champlin, Newport; Champlin, Sharper; Champlin, York; Clark, James; Coddington, Jack; Fones, Jack; Gardner, Cuff; Gardner, Hercules; Gardner, Minkl; Gardner, Preamus (Primus); Gardner, Rutter; Gray, Ebenezer; Green, Cuff; Greene, Cato; Greene, Jack; Greene, Pero; Greene, William; Hammond, Prince; Harriss, Cesar; Hazard, Backus; Hazard, Jabin; Hazard, Jacob; Hazard, Peter; Hazard, Peter; Lefavour, Thom; Mason, Warsen; Mawney, Cyrus; Minturn, Jack; Mowrey, Pero; Nichols, Thomas; Perry, Ganset; Phillips, Philow; Pierce, Titus; Potter, David; Randall, Prince; Rhodes, Bristol; Rhodes, Priamus; Rhodes, Richard; Rhodes, Samuel; Richmond, Ebenezer; Robinson, Mingo; Rodman, Isaac; Rodman, Mingo; Rodman, Prince; Rose, Cesar; Saltonstall, Brittain; Saunders, Sampson; Sheldon, Cesar; Slave; Slave; Smith, Juba; Sweeling, Query; Talbot, Sigby; Tanner, Quam; Tillinghast, Cuff; Updike, Cesar; Updike, Moses; Vaughan, Prince; Vernon, Cato; Watson, Fortune; Wells, Cesar; Wickes, Nat; and Willbour, Boston. 3. Congressional gold medal (a) Award authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to the First Rhode Island Regiment, collectively in recognition of their dedicated service during the Revolutionary War. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Rhode Island State Library (1) In general Following the award of the gold medal in honor of the First Rhode Island Regiment of the Revolutionary War under subsection (a), the gold medal shall be given to the Rhode Island State Library, where it will be displayed as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Rhode Island State Library should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the First Rhode Island Regiment of the Revolutionary War. 4. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-117s3607is/xml/BILLS-117s3607is.xml |
117-s-3608 | II 117th CONGRESS 2d Session S. 3608 IN THE SENATE OF THE UNITED STATES February 9, 2022 Ms. Klobuchar (for herself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Trade Commission to identify content-agnostic platform interventions to reduce the harm of algorithmic amplification and social media addiction on covered platforms, and for other purposes.
1. Short title This Act may be cited as the Nudging Users to Drive Good Experiences on Social Media Act or the Social Media NUDGE Act . 2. Findings Congress finds the following: (1) Social media platforms can have significant impacts on their users, both positive and negative. However, social media usage can be associated with detrimental outcomes, including on a user's mental and physical health. Design decisions made by social media platforms, such as decisions affecting the content a user might see on a social media platform, may drive or exacerbate these negative or detrimental outcomes. (2) Viral harmful content often spreads on social media platforms. Social media platforms do not consistently enforce their terms of service and content policies, leading to supposedly prohibited content often being shown to users and amplified by such platforms. (3) Social media platforms often rely heavily on automated measures for content detection and moderation. These social media platforms may rely on such automated measures due to the large quantity of user-generated content on their platforms. However, evidence suggests that even state-of-the-art automated content moderation systems currently do not fully address the harmful content on social media platforms. (4) Significant research has found that content-agnostic interventions, if made by social media platforms, may help significantly mitigate these issues. These interventions could be readily implemented by social media platforms to provide safer user experiences. Such interventions include the following: (A) Nudges to users and increased platform viewing options, such as screen time alerts and grayscale phone settings, which may reduce addictive platform usage patterns and improve user experiences online. (B) Labels and alerts that require a user to read or review user-generated content before sharing such content. (C) Prompts to users, which may help users identify manipulative and microtargeted advertisements. (D) Other research-supported content-agnostic interventions. (5) Evidence suggests that increased adoption of content-agnostic interventions would lead to improved outcomes of social media usage. However, social media platforms may be hesitant to independently implement content-agnostic interventions that will reduce negative outcomes associated with social media use. 3. Study on content-agnostic interventions (a) Study To identify content-Agnostic interventions The Director of the National Science Foundation (in this section referred to as the Director ) shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the Academies ) to conduct ongoing studies to identify content-agnostic interventions that covered platforms could implement to reduce the harms of algorithmic amplification and social media addiction on covered platforms. The initial study shall— (1) identify ways to define and measure the negative mental or physical health impacts related to social media, including harms related to algorithmic amplification and social media addiction, through a review of— (A) a wide variety of studies, literature, reports, and other relevant materials created by academic institutions, civil society groups, and other appropriate sources; and (B) relevant internal research conducted by a covered platform or third-party research in the possession of a covered platform that is voluntarily submitted to the Academies by the covered platform (through a process, established by the Academies, with appropriate privacy safeguards); (2) identify research-based content-agnostic interventions, such as reasonable limits on account creation and content sharing, to combat problematic smartphone use and other negative mental or physical health impacts related to social media, including through a review of the materials described in subparagraphs (A) and (B) of paragraph (1); (3) provide recommendations on how covered platforms may be separated into groups of similar platforms for the purpose of implementing content-agnostic interventions, taking into consideration factors including any similarity among the covered platforms with respect to— (A) the number of monthly active users of the covered platform and the growth rate of such number; (B) how user-generated content is created, shared, amplified, and interacted with on the covered platform; (C) how the covered platform generates revenue; and (D) other relevant factors for providing recommendations on how covered platforms may be separated into groups of similar platforms; (4) for each group of covered platforms recommended under paragraph (3), provide recommendations on which of the content-agnostic interventions identified in paragraph (2) are generally applicable to the covered platforms in such group; (5) for each group of covered platforms recommended under paragraph (3), provide recommendations on how the covered platforms in such group could generally implement each of the content-agnostic interventions identified for such group under paragraph (4) in a way that does not alter the core functionality of the covered platforms, considering— (A) whether the content-agnostic intervention should be offered as an optional setting or feature that users of a covered platform could manually turn on or off with appropriate default settings to reduce the harms of algorithmic amplification and social media addiction on the covered platform without altering the core functionality of the covered platform; and (B) other means by which the content-agnostic intervention may be implemented and any associated impact on the experiences of users of the covered platform and the core functionality of the covered platform; (6) for each group of covered platforms recommended under paragraph (3), define metrics generally applicable to the covered platforms in such group to measure and publicly report in a privacy-preserving manner the impact of any content-agnostic intervention adopted by the covered platform; and (7) identify data and research questions necessary to further understand the negative mental or physical health impacts related to social media, including harms related to algorithmic amplification and social media addiction. (b) Requirement To submit additional research If a covered platform voluntarily submits internal research to the Academies under subsection (a)(1)(B), the covered platform shall, upon the request of the Academies and not later than 60 days after receiving such a request, submit to the Academies any other research in the platform's possession that is closely related to such voluntarily submitted research. (c) Reports (1) Initial study report Not later than 1 year after the date of enactment of this Act, the Academies shall submit to the Director, Congress, and the Commission a report containing the results of the initial study conducted under subsection (a), including recommendations for how the Commission should establish rules for covered platforms related to content-agnostic interventions as described in paragraphs (1) through (5) of subsection (a). (2) Updates Not later than 2 years after the effective date of the regulations promulgated under section 4, and every 2 years thereafter during the 10-year period beginning on such date, the Academies shall submit to the Director, Congress, and the Commission a report containing the results of the ongoing studies conducted under subsection (a). Each such report shall— (A) include analysis and updates to earlier studies conducted, and recommendations made, under such subsection; (B) be based on— (i) new academic research, reports, and other relevant materials related to the subject of previous studies, including additional research identifying new content-agnostic interventions; and (ii) new academic research, reports, and other relevant materials about harms occurring on covered platforms that are not being addressed by the content-agnostic interventions being implemented by covered platforms as a result of the regulations promulgated under section 4; (C) include information about the implementation of the content-agnostic interventions by covered platforms and the impact of the implementation of the content-agnostic interventions; and (D) include an analysis of any entities that have newly met the criteria to be considered a covered platform under this Act since the last report submitted under this subsection. 4. Implementation of content-agnostic interventions (a) Determination of applicable content-Agnostic interventions (1) In general Not later than 60 days after the receipt of the initial study report under section 3(c)(1), the Commission shall initiate a rulemaking proceeding for the purpose of promulgating regulations in accordance with section 553 of title 5, United States Code— (A) to determine how covered platforms should be grouped together; (B) to determine which content-agnostic interventions identified in such report shall be applicable to each group of covered platforms identified in the report; and (C) to require each covered platform to implement and measure the impact of such content-agnostic interventions in accordance with subsection (b). (2) Considerations In the rulemaking proceeding described in paragraph (1), the Commission— (A) shall consider the report under section 3(c)(1) and its recommendations; and (B) shall not promulgate regulations requiring any covered platform to implement a content-agnostic intervention that is not discussed in such report. (3) Notification to covered platforms The Commission shall, not later than 30 days after the promulgation of the regulations under this subsection, provide notice to each covered platform of the content-agnostic interventions that are applicable to the platform pursuant to the regulations promulgated under this subsection. (b) Implementation of content-Agnostic interventions (1) In general (A) Implementation plan (i) In general Not later than 60 days after the date on which a covered platform receives the notice from the Commission required under subsection (a)(3), the covered platform shall submit to the Commission a plan to implement each content-agnostic intervention applicable to the covered platform (as determined by the Commission) in an appropriately prompt manner. If the covered platform reasonably believes that any aspect of an applicable intervention is not technically feasible for the covered platform to implement, would substantially change the core functionality of the covered platform, or would pose a material privacy or security risk to consumer data stored, held, used, processed, or otherwise possessed by such covered platform, the covered platform shall include in its plan evidence supporting these beliefs in accordance with paragraph (2). (ii) Commission determination Not later than 30 days after receiving a covered platform’s plan under clause (i), the Commission shall determine whether such plan includes details related to the appropriately prompt implementation of each content-agnostic intervention applicable to the covered platform, except for any aspect of an intervention for which the Commission determines the covered platform is exempt under paragraph (2). (iii) Appeal or revised plan (I) In general Subject to subclause (II), if the Commission determines under clause (ii) that a covered platform's plan does not satisfy the requirements of this subsection, not later than 90 days after the issuance of such determination, the covered platform shall— (aa) appeal the determination by the Commission to the United States Court of Appeals for the Federal Circuit; or (bb) submit to the Commission a revised plan for a Commission determination pursuant to clause (ii). (II) Limitation If a covered platform submits 3 revised plans to the Commission for a determination pursuant to clause (ii) and the Commission determines that none of the revised plans satisfy the requirements of this subsection, the Commission may find that the platform is not acting in good faith in developing an implementation plan and may require the platform to implement, pursuant to a plan developed for the platform by the Commission, each content-agnostic intervention applicable to the platform (as determined by the Commission) in an appropriately prompt manner. (B) Statement of compliance Not less frequently than annually, each covered platform shall make publicly available on their website and submit to the Commission, in a machine-readable format and in a privacy-preserving manner, the details of— (i) the covered platform's compliance with the required implementation of content-agnostic interventions; and (ii) the impact (using the metrics defined by the Director of the National Science Foundation and the National Academies of Sciences, Engineering, and Medicine pursuant to section 3(a)(6)) of such content-agnostic interventions on reducing the harms of algorithmic amplification and social media addiction on covered platforms. (2) Feasibility, functionality, privacy, and security exemptions (A) Statement of inapplicability Not later than 60 days after the date on which a covered platform receives the notice from the Commission required under subsection (a)(3), a covered platform seeking an exemption from any aspect of such rule may submit to the Commission— (i) a statement identifying any specific aspect of a content-agnostic intervention applicable to such covered platform (as determined by the Commission under subsection (a)) that the covered platform reasonably believes— (I) is not technically feasible for the covered platform to implement; (II) will substantially change the core functionality of the covered platform; or (III) will create a material and imminent privacy or security risk to the consumer data stored, held, used, processed, or otherwise possessed by such covered platform; and (ii) specific evidence supporting such belief, including any relevant information regarding the core functionality of the covered platform. (B) Determination by the Commission Not later than 30 days after receiving a covered platform’s statement under subparagraph (A), the Commission shall determine whether the covered platform shall be exempt from any aspect of a content-agnostic intervention discussed in the covered platform’s statement. (C) Appeal or revised plan Not later than 90 days after a determination issued under subparagraph (B), a covered platform may— (i) appeal the determination by the Commission to the United States Court of Appeals for the Federal Circuit; or (ii) submit to the Commission a revised plan, including details related to the prompt implementation of any content-agnostic intervention for which the covered platform requested an exemption that the Commission subsequently denied, for a Commission determination pursuant to paragraph (1)(A)(ii). 5. Transparency report Not later than 180 days after the date of enactment of this Act, and semiannually thereafter, each covered platform shall publish a publicly available, machine-readable report about the content moderation efforts of the covered platform with respect to each language spoken by not less than 100,000 monthly active users of the covered platform in the United States. Such report shall include the following: (1) Content moderators The total number of individuals employed or contracted by the covered platform during the reporting period to engage in content moderation for each language, broken down by the number of individuals retained as full-time employees, part-time employees, and contractors of the covered platform and reported in a privacy-preserving manner. (2) Random sample of viewed content Information related to a random sample of publicly visible content accounting for 1,000 views each month. Each month, covered platforms shall calculate the total number of views for each piece of publicly visible content posted during the month and sample randomly from the content in a manner such that the probability of a piece of content being sampled is proportionate to the total number of views of that piece of content during the month. Covered platforms shall report the following information about each piece of sampled content (with appropriate redactions to exclude the disclosure of illegal content): (A) The text, images, audio, video, or other creative data associated with each such piece of content. (B) The details of the account or accounts that originally posted the content. (C) The total number of views of each such piece of content during the month. (3) High reach content Content moderation metrics broken down by language to assess the prevalence of harmful content on the covered platform, including, for each language, the 1,000 most viewed pieces of publicly visible content each month, including the following (with appropriate redactions to exclude the disclosure of illegal content): (A) The text, images, audio, video, or other creative data associated with each such piece of content. (B) The details of— (i) the account that originally posted the content; and (ii) any account whose sharing or reposting of the content accounted for more than 5 percent of the views of the content. (4) Removed and moderated content (A) In general Aggregate metrics for user-generated content that is affected by any automated or manual moderation system or decision, including, as calculated on a monthly basis and reported in a privacy-preserving manner, the number of pieces of user-generated content and the number of views of such content that were— (i) reported to the covered platform by a user of the covered platform; (ii) flagged by the covered platform by an automated content detection system; (iii) removed from the covered platform and not restored; (iv) removed from the covered platform and later restored; or (v) labeled, edited, or otherwise moderated by the covered platform following a user report or flagging by an automated content detection system. (B) Requirements for metrics The metrics reported under subparagraph (A) shall be broken down by— (i) the language of the user-generated content; (ii) the topic of the user-generated content, such as bullying, hate speech, drugs and firearms, violence and incitement, or any other category determined by the covered platform to categorize such content; and (iii) if the covered platform has a process for publicly verifying that an account on the platform belongs to a prominent user or public figure, whether the creator of the content is a politician or journalist with a verified account. 6. Enforcement (a) Unfair or deceptive acts or practices A violation of section 3(b), 4, or 5 or a regulation promulgated under section 4 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) ). (b) Powers of the Commission (1) In general The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities Any person who violates section 4 or 5 or a regulation promulgated under section 4 shall be entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Enforcement guidelines and updates Not later than 1 year after the date of enactment of this Act, the Commission shall issue guidelines that outline any policies and practices of the Commission related to the enforcement of this Act in order to promote transparency and deter violations of this Act. The Commission shall update the guidelines as needed to reflect current policies, practices, and changes in technology, but not less frequently than once every 4 years. (4) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. 7. Definitions In this Act: (1) Algorithmic amplification The term algorithmic amplification means the promotion, demotion, recommendation, prioritization, or de-prioritization of user-generated content on a covered platform to other users of the covered platform through a means other than presentation of content in a reverse-chronological or chronological order. (2) Commission The term Commission means the Federal Trade Commission. (3) Content moderation The term content moderation means the intentional removal, labeling, or altering of user-generated content on a covered platform by the covered platform or an automated or human system controlled by the covered platform, including decreasing the algorithmic ranking of user-generated content, removing user-generated content from algorithmic recommendations, or any other action taken in accordance with the covered platform’s terms of service, community guidelines, or similar materials governing the content allowed on the covered platform. (4) Content-agnostic intervention The term content-agnostic intervention means an action that can be taken by a covered platform to alter a user's experience on the covered platform or the user interface of the covered platform that does not— (A) rely on the substance of user-generated content on the covered platform; or (B) alter the core functionality of the covered platform. (5) Covered platform The term covered platform means any public-facing website, desktop application, or mobile application that— (A) is operated for commercial purposes; (B) provides a forum for user-generated content; (C) is constructed such that the core functionality of the website or application is to facilitate interaction between users and user-generated content; and (D) has more than 20,000,000 monthly active users in the United States for a majority of the months in the previous 12-month period. (6) Privacy-preserving manner The term privacy-preserving manner means, with respect to a report made by a covered platform, that the information contained in the report is presented in a manner in which it is not reasonably capable of being used, either on its own or in combination with other readily accessible information, to uniquely identify an individual. (7) User The term user means a person that uses a covered platform, regardless of whether that person has an account or is otherwise registered with the platform. (8) User-generated content The term user-generated content means any content, including text, images, audio, video, or other creative data that is substantially created, developed, or published on a covered platform by any user of such covered platform. | https://www.govinfo.gov/content/pkg/BILLS-117s3608is/xml/BILLS-117s3608is.xml |
117-s-3609 | II 117th CONGRESS 2d Session S. 3609 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mr. Kelly (for himself, Ms. Hassan , Ms. Stabenow , Ms. Cortez Masto , Mr. Warnock , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a gasoline tax holiday.
1. Short title This Act may be cited as the Gas Prices Relief Act of 2022 . 2. 2022 gasoline tax holiday (a) In general In the case of gasoline removed, entered, or sold on or after the date of the enactment of this Act and before January 1, 2023— (1) the rate of tax under section 4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 shall be zero, and (2) the Leaking Underground Storage Tank Trust Fund financing rate under section 4081(a)(2) of such Code shall not apply to gasoline to which the rate under paragraph (1) applies. (b) Transfers to Trust Fund (1) In general The Secretary of the Treasury shall transfer from the general fund to the Highway Trust Fund established under section 9503(a) of the Internal Revenue Code of 1986 and the Leaking Underground Storage Tank Trust Fund established under section 9508(a) of such Code amounts equal to the reduction in amounts credited (but for this subsection) to each such Trust Fund by reason of subsection (a). (2) Coordination rules (A) Leaking Underground Storage Tank Trust Fund Amounts transferred to the Leaking Underground Storage Tank Trust Fund under paragraph (1) shall be treated for purposes of sections 9503(b)(1) and 9508(b)(2) of such Code as taxes received in the Treasury under section 4081 of such Code attributable to the Leaking Underground Storage Tank Trust Fund financing rate. (B) Highway Trust Fund Amounts transferred to the Highway Trust Fund under paragraph (1) shall be treated for purposes of section 9503(b)(1) of such Code as taxes received in the Treasury under section 4081 of such Code which are not attributable to the Leaking Underground Storage Tank Trust Fund financing rate. (c) Benefits of tax reduction should be passed on to consumers (1) It is the policy of Congress that— (A) consumers immediately receive the benefit of the reduction in taxes resulting from the application of subsection (a), and (B) transportation motor fuels producers and other dealers take such actions as necessary to reduce transportation motor fuels prices to reflect such reduction. (2) Enforcement The Secretary may use all applicable authorities to ensure that the benefit of the reduction in taxes resulting from the application of subsection (a) is received by consumers. | https://www.govinfo.gov/content/pkg/BILLS-117s3609is/xml/BILLS-117s3609is.xml |
117-s-3610 | II 117th CONGRESS 2d Session S. 3610 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mr. Ossoff (for himself and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a program to provide environmental assistance in the Chattahoochee River Basin, and for other purposes.
1. Short title This Act may be cited as the Chattahoochee River Act . 2. Chattahoochee River program (a) Definitions In this section: (1) Non-Federal interest The term non-Federal interest has the meaning given the term in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)). (2) Secretary The term Secretary means the Secretary of the Army. (b) Establishment (1) In general The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin. (2) Form The assistance under paragraph (1) shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the Chattahoochee River Basin, based on the comprehensive plan under subsection (c), including projects for— (A) sediment and erosion control; (B) protection of eroding shorelines; (C) ecosystem restoration, including restoration of submerged aquatic vegetation; (D) protection of essential public works; (E) beneficial uses of dredged material; and (F) other related projects that may enhance the living resources of the Chattahoochee River Basin. (c) Comprehensive plan (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under subsection (b)(2). (2) Coordination The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations. (3) Prioritization The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (b)(2) that will also improve water quality or quantity or use natural hydrological features and systems. (d) Agreement (1) In general Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Chattahoochee River Basin restoration plan described in subsection (c). (2) Requirements Each agreement entered into under this subsection shall provide for— (A) the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and (B) the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. (e) Cost sharing (1) Federal share Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 80 percent. (2) Non-federal share (A) Value of land, easements, rights-of-way, and relocations In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 20 percent of the total project costs. (B) Operation and maintenance costs The non-Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent. (f) Cooperation In carrying out this section, the Secretary shall cooperate with— (1) the heads of appropriate Federal agencies, including— (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and (2) agencies of a State or political subdivision of a State. (g) Protection of resources A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources. (h) Project cap The total cost of a project carried out under this section may not exceed $15,000,000. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $90,000,000. | https://www.govinfo.gov/content/pkg/BILLS-117s3610is/xml/BILLS-117s3610is.xml |
117-s-3611 | II 117th CONGRESS 2d Session S. 3611 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mrs. Shaheen (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for improvements in the reimbursement of eligible health care providers through the Provider Relief Fund, and for other purposes.
1. Short title This Act may be cited as the Provider Relief Fund Improvement Act . 2. COVID–19 provider relief fund improvements (a) Extension of deadline for eligible health care providers To use certain funds received from the COVID–19 provider relief fund (1) Payment received periods 1 and 2 Effective June 29, 2021, the deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during a covered payment received period is extended until the end of the COVID–19 emergency period. (2) Adjustment of reporting time period The Secretary shall make appropriate adjustments to the reporting time period (as specified in the Provider Relief Fund guidance) that corresponds to a covered payment received period to reflect the extension of the applicable deadline under paragraph (1). (3) Modification of deadline for period 3 The deadline by which an eligible health care provider is required to use reimbursements from the Provider Relief Fund received by such eligible health care provider during the Payment Received Period referred to in the Provider Relief Fund Guidance as the Period 3 specified in table 1 of such guidance (beginning on January 1, 2021, and ending on June 30, 2021) shall be the later of— (A) the end of the COVID–19 emergency period; or (B) June 30, 2022. (b) Requirement To distribute remaining COVID–19 provider relief funds by March 31, 2022 (1) Requirement for distributions (A) In general Not later than March 31, 2022, the Secretary shall distribute to eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus, any remaining funds appropriated to the Provider Relief Fund as of the date of the enactment of this section for reimbursements. (B) Deadline to use funds The deadline by which an eligible health care provider is required to use reimbursements received pursuant to subparagraph (A) is June 30, 2023. (2) Accounting for health care related expenses or lost revenues in the second, third, and fourth quarters of 2021 Notwithstanding any other provision of law, distributions made under paragraph (1) to eligible health care providers shall account for financial losses and changes in operating expenses occurring in the second, third, or fourth quarter of calendar year 2021, that are attributable to coronavirus. (3) Allocation of payments returned due to previous deadlines (A) In general The Secretary shall establish a process for eligible health care providers to apply to receive funds from the Secretary in amounts up to the amount each such provider returned to the Provider Relief Fund due to previous reporting and use of funds deadlines. (B) Clarifications Funding under this paragraph shall be— (i) available with respect to amounts returned by eligible health care providers between June 30, 2021, and December 30, 2021; and (ii) in addition to amounts made available to such providers under paragraph (1). (c) Clarification of use of funds for workplace safety and security (1) In general Funds appropriated to the Provider Relief Fund for eligible health care providers and funds appropriated under section 1150C of the Social Security Act ( 42 U.S.C. 1320b–26 ) for eligible health care providers (as defined in subsection (e)(1) of such section) before, on, or after the date of the enactment of this section may be used to reimburse an eligible health care provider for expenses incurred by the eligible health care provider for measures taken to establish or improve the security of the workplace of such eligible health care provider and improve the safety of personnel of such eligible health care provider present at such workplace. (2) Additional clarification of permissible expenses Expenses for workplace security and safety of personnel of an eligible health care provider described in paragraph (1) shall include the following: (A) Mitigation of risk of violence at the workplace of such eligible health care provider, including the employment of additional security personnel, conduct of risk assessment activities, implementation of response plans, implementation of small-scale changes to physical plant (such as the addition of more secure locks, the use of key card access, altering ingress and egress points, and the installation of additional security cameras), and staff education and training. (B) Measures to prevent violence at the workplace and against personnel of such eligible health care provider, including education and training of personnel on de-escalation protocols and installation of panic buttons and other similar, required equipment. (C) Trauma support for personnel with respect to violence in the workplace, such as counseling and other supports in the event of significant workplace safety episodes, which may include events that do not result in violence but may have significant impacts on personnel and the operations of the eligible health care provider (commonly referred to as near-misses). (d) Definitions In this section: (1) Coronavirus The term coronavirus means severe acute respiratory syndrome coronavirus 2 (SARS–CoV–2) or another coronavirus with pandemic potential. (2) Covered payment received period The term covered payment received period means, with respect to Payment Received Periods referred to in the Provider Relief Fund Guidance— (A) the Period 1 specified in table 1 of such guidance (beginning on April 10, 2020, and ending on June 30, 2020); and (B) the Period 2 specified in such table (beginning on July 1, 2020, and ending on December 31, 2020). (3) COVID–19 emergency period The term COVID–19 emergency period means the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ). (4) Eligible health care provider The term eligible health care provider has the meaning given such term in the third proviso of the third paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund in division B of the CARES Act ( Public Law 116–136 ). (5) Provider relief fund The term Provider Relief Fund means the funding appropriated to prevent, prepare for, and respond to coronavirus, domestically or internationally, for necessary expenses to reimburse, through grants or other mechanisms, eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus for which appropriations are made under— (A) the third paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund in division B of the CARES Act ( Public Law 116–136 ); (B) the first paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund in division B of the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ); and (C) the third paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )). (6) Provider relief fund guidance The term Provider Relief Fund Guidance refers to the guidance entitled Provider Relief Fund General and Targeted Distribution Post-Payment Notice of Reporting Requirements issued by the Secretary of Health and Human Services on June 11, 2021. (7) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration. | https://www.govinfo.gov/content/pkg/BILLS-117s3611is/xml/BILLS-117s3611is.xml |
117-s-3612 | II 117th CONGRESS 2d Session S. 3612 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Ethics in Government Act of 1978 and the STOCK Act to require certain senior officials to report payments received from the Federal Government, to improve the filing and disclosure of financial disclosures by Members of Congress, congressional staff, very senior employees, and others, and to ban stock trading for certain senior Government officials, and for other purposes.
1. Short title This Act may be cited as the STOCK Act 2.0 . 2. Reporting of applications for, or receipt of, payments from Federal Government (a) In general Section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (j) Reporting of applications for, or receipt of, payments from Federal Government (1) Definitions In this subsection: (A) Covered payment (i) In general The term covered payment means a payment of money or any other item of value made, or promised to be made, by the Federal Government. (ii) Inclusions The term covered payment includes— (I) a loan agreement, contract, or grant made, or promised to be made, by the Federal Government, including such an agreement, contract, or grant relating to agricultural activity; and (II) such other types of payment of money or items of value as the Secretary of the Treasury, in consultation with the Director of the Office of Government Ethics, may establish, by regulation. (iii) Exclusions The term covered payment does not include— (I) any salary or compensation for service performed as, or reimbursement of personal outlay by, an officer or employee of the Federal Government; or (II) any tax refund (including a refundable tax credit). (B) Covered person The term covered person means a person described in any of paragraphs (1) through (10) of section 103( l ). (2) Reporting requirement Not later than 30 days after the date of receipt of a notice of any application for, or receipt of, a covered payment by a covered person, the spouse of the covered person, or a dependent child of the covered person (including any business owned and controlled by the covered person or spouse or dependent child of the covered person), but in no case later than 45 days after the date on which the covered payment is made or promised to be made, the covered person shall submit to the applicable supervising ethics office a report describing the covered payment. (3) Fine for failure to report Notwithstanding section 104(d), a covered person shall be assessed a fine, pursuant to regulations issued by the applicable supervising ethics office, of $500 in each case in which the covered person fails to file a report required under this subsection. . (b) Report contents Section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (j) Payments from Federal Government Each report filed pursuant to subsection (j) of section 101 shall include— (1) an identification of each type of payment or item of value applied for, or received, from the Federal Government; (2) (A) the name of each recipient of each payment or item of value identified under paragraph (1); and (B) the relationship of each recipient named under subparagraph (A) to the person filing the report; (3) a description of the date on which, as applicable— (A) an application for a payment or other item of value was submitted to the Federal Government; and (B) the payment or item of value was received from the Federal Government; and (4) a description of the amount of each applicable payment or item of value. . (c) Technical and conforming amendments (1) Section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in subsection (f)— (i) in paragraph (9), by striking as defined under section 109(12) ; (ii) in paragraph (10), by striking as defined under section 109(13) ; (iii) in paragraph (11), by striking as defined under section 109(10) ; and (iv) in paragraph (12), by striking as defined under section 109(8) ; (B) in subsection (h)(1), by striking , and at the end and inserting ; and ; and (C) in subsection (i)— (i) in each of paragraphs (1) and (2), by striking the comma at the end of the paragraph and inserting a semicolon; and (ii) in paragraph (3), by striking , and at the end and inserting ; and . (2) Section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking section 101(d) and (e) and inserting subsection (d) or (e) of section 101 ; (ii) in paragraph (1)(B)— (I) in the matter preceding clause (i), by striking within: and inserting within— ; (II) in each of clauses (i) through (vii), by striking the comma at the end of the clause and inserting a semicolon; and (III) in clause (viii), by striking , or at the end and inserting ; or ; and (iii) in paragraph (3), in the first sentence, by striking spouse,, and inserting spouse, ; (B) in subsection (d)(1)— (i) in the matter preceding subparagraph (A), by striking are as follows: and inserting are— ; and (ii) by indenting subparagraphs (G) through (J) appropriately; and (C) in subsection (e)(1), by indenting subparagraph (F) appropriately. (d) Effective date The amendments made by this section shall apply to relevant applications submitted to, and payments made or promised to be made by, the Federal Government on or after the date that is 90 days after the date of enactment of this Act. 3. Inclusion of Federal Reserve officials and judges (a) In general Notwithstanding any other provision of law, each provision of law described in subsection (b) shall apply to— (1) each president, vice president, and director of a Federal Reserve bank; and (2) each judicial officer (as defined in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)). (b) Description of provisions of law The provisions of law referred to in subsection (a) are— (1) title I of the Ethics in Government Act of 1978 (5 U.S.C. App.); (2) the STOCK Act ( Public Law 112–105 ; 126 Stat. 291; 126 Stat. 1310; 127 Stat. 438; 132 Stat. 4167); and (3) subsections (h) and (i) of section 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 ). (c) Supervising ethics office For purposes of this section and the provisions of law described in subsection (b), the supervising ethics office for a president, vice president, or director of a Federal Reserve bank shall be the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection. 4. Penalty for STOCK Act noncompliance (a) In general The STOCK Act ( Public Law 112–105 ; 126 Stat. 291; 126 Stat. 1310; 127 Stat. 438; 132 Stat. 4167) is amended by adding at the end the following: 20. Fines for failure to report (a) In general Notwithstanding any other provision of law (including regulations), an individual shall be assessed a fine, pursuant to regulations issued by the applicable supervising ethics office (including the Administrative Office of the United States Courts, as applicable), of $500 in each case in which the individual fails to file a transaction report required under this Act. (b) Deposit in Treasury The fines paid under this section shall be deposited in the miscellaneous receipts of the Treasury. . (b) Rules, regulations, guidance, and documents Not later than 1 year after the date of enactment of this Act, each supervising ethics office (as defined in section 2 of the STOCK Act (5 U.S.C. App. 101 note)) (including the Administrative Office of the United States Courts, as applicable) shall amend the rules, regulations, guidance, documents, papers, and other records of the supervising ethics office in accordance with the amendment made by this section. 5. Banning conflicted trades (a) In general The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by inserting after title I the following: II Banning conflicted trades 201. Definitions In this title: (1) Commodity The term commodity has the meaning given the term in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ). (2) Covered investment (A) In general The term covered investment means— (i) any investment in— (I) a security; (II) a commodity; (III) a future; or (IV) cryptocurrency, such as a coin or token— (aa) received in connection with an initial coin offering; or (bb) issued or distributed using distributed ledger or blockchain technology; and (ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative. (B) Exclusions The term covered investment does not include— (i) a widely held investment fund described in section 102(f)(8); or (ii) a United States Treasury bill, note, or bond. (3) Covered person The term covered person means— (A) a Member of Congress (as defined in section 109); (B) the President; (C) the Vice President; (D) the Chief Justice of the United States; (E) an Associate Justice of the Supreme Court; (F) a member of the Board of Governors of the Federal Reserve System; and (G) a president or vice president of a Federal Reserve bank. (4) Future The term future means a financial contract obligating a buyer to purchase, or a seller to sell, an asset, such as a physical commodity or a financial instrument, at a predetermined future date and price. (5) Security The term security has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (6) Supervising ethics office The term supervising ethics office , with respect to a covered person, has the meaning given the term in section 109 with respect to that covered person. 202. Prohibitions (a) Transactions Except as provided in sections 203 and 204, no covered person may— (1) purchase or sell any covered investment; or (2) enter into a transaction that creates a net short position in any security. (b) Positions A covered person may not serve as an officer or member of any board of any for-profit association, corporation, or other entity. 203. Exceptions (a) Investments held before taking office (1) In general A covered person may have control over or knowledge of the management of any covered investment held by the covered person as of the day before the date on which the covered person assumes the applicable office or employment as a covered person. (2) Prohibition on purchasing or selling A covered person may not buy or sell any investment described in paragraph (1), except in the case of— (A) placing the investment in a qualified blind trust described in section 204; or (B) divesting the investment under subsection (b). (b) Divestiture A covered person may sell a covered investment during the 180-day period beginning on the later of— (1) the date on which the covered person assumes office or employment as a covered person; and (2) the date of enactment of the STOCK Act 2.0 . 204. Trusts (a) In general On a case-by-case basis, the applicable supervising ethics office may authorize a covered person to place any security holding of the covered person in a qualified blind trust approved by the supervising ethics office under section 102(f). (b) Blind trust A qualified blind trust permitted under this section shall meet the applicable criteria described in section 102(f)(4)(B), unless an alternative arrangement is approved by the applicable supervising ethics office. 205. Administration and enforcement (a) Administration Each supervising ethics office may issue guidance relating to any matter covered by this title, including— (1) whether a covered person may hold an employee stock option or other, similar instrument that has not vested before the date on which the covered person assumes office or employment as a covered person; and (2) the process and timeline for determining the date on which a covered person shall no longer serve as an officer or member of any board of any for-profit association, corporation, or other entity. (b) Enforcement A covered person who knowingly fails to comply with this title shall be subject to a civil penalty of not less than 10 percent of the value of the covered investment that was purchased or sold, or the security in which a net short position was created, in violation of this title, as applicable. . (b) Conforming amendments (1) Section 103(j)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking Standards of Official Conduct and inserting Ethics . (2) Section 105(b)(3)(A) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking described in section 109(8) or 109(10) of this Act and inserting who is a judicial employee or judicial officer . (3) Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in the matter preceding paragraph (1), by striking For the purposes of this title, the term— and inserting In this title: ; (B) in each of paragraphs (1) through (19)— (i) by inserting The term after the paragraph designation; and (ii) by inserting a paragraph heading, the text of which is comprised of the term defined in that paragraph; (C) in each of paragraphs (2) through (17), by striking the semicolon at the end of the paragraph and inserting a period; (D) in paragraph (1), by striking means and all that follows through Official Conduct and inserting the following: means, as applicable— (A) the Select Committee on Ethics of the Senate; and (B) the Committee on Ethics ; (E) by redesignating paragraphs (8) and (9) as paragraphs (9) and (8), respectively, and moving the paragraphs so as to appear in numerical order; and (F) in paragraph (18)— (i) in subparagraph (B), by striking Standards of Official Conduct and inserting Ethics ; and (ii) in subparagraph (D), by striking ; and at the end and inserting a period. (4) Section 111(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking Standards of Official Conduct and inserting Ethics . (5) Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in subsection (b), by striking title II of each place it appears; and (B) in subsection (f)(2)(B)— (i) by striking Subject to clause (iv) of this subparagraph, before each place it appears and inserting Before ; and (ii) by striking clause (iv). (6) Section 503(1)(A) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking Standards of Official Conduct and inserting Ethics . (7) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(4)(D) ) is amended by striking legislative branch employee serving in a position described under section 109(13) of the Ethics in Government Act of 1978 (5 U.S.C. App.) and inserting officer or employee of the Congress (as defined in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)) . (8) Section 2 of the STOCK Act (5 U.S.C. App. 101 note) is amended— (A) in paragraph (2)(B), by striking (11) each place it appears; (B) in paragraph (4), by striking (10) each place it appears; (C) in paragraph (5), by striking (8) each place it appears; and (D) in paragraph (6), by striking (18) each place it appears. (9) Section 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 ) is amended— (A) in subsection (g)(2)(B)(ii), by striking section 109(11) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(11) ) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ; and (B) in subsection (h)(2)— (i) in subparagraph (B), by striking section 109(8) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(8) ) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ; and (ii) in subparagraph (C), by striking under section 109(10) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(10) ) and inserting in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) . 6. Electronic filing and online public availability of financial disclosure forms (a) Members of Congress and congressional staff Section 8(b)(1) of the STOCK Act (5 U.S.C. App. 105 note) is amended— (1) in the matter preceding subparagraph (A), by inserting , pursuant to title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), through databases maintained on the official websites of the House of Representatives and the Senate after enable ; (2) in subparagraph (A), by striking reports received by them pursuant to section 103(h)(1)(A) of title I of the Ethics in Government Act of 1978 and inserting each report received under section 103(h)(1)(A) of that Act ; and (3) by striking subparagraph (B) and the undesignated matter following that subparagraph and inserting the following: (B) public access— (i) to each— (I) financial disclosure report filed by a Member of Congress or a candidate for Congress; (II) transaction disclosure report filed by a Member of Congress or a candidate for Congress pursuant to section 103( l ) of that Act; and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to title I of that Act; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in the reports described in subclause (I) or (II) of clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines). . (b) Very senior executive branch employees Section 11(b)(1) of the STOCK Act (5 U.S.C. App. 105 note) is amended— (1) in the matter preceding subparagraph (A), by inserting , pursuant to title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), through databases maintained on the official website of the Office of Government Ethics after enable ; and (2) by striking subparagraph (B) and the undesignated matter following that subparagraph and inserting the following: (B) public access— (i) to each— (I) financial disclosure report filed by— (aa) the President; (bb) the Vice President; or (cc) an officer occupying a position listed in section 5312 or 5313 of title 5, United States Code, having been nominated by the President and confirmed by the Senate to that position; (II) transaction disclosure report filed by an individual described in subclause (I) pursuant to section 103( l ) of the Ethics in Government Act of 1978 (5 U.S.C. App); and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to title I of that Act; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in the reports described in subclause (I) or (II) of clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines). . (c) Judicial officers Section 9 of the STOCK Act ( Public Law 112–105 ; 126 Stat. 297) is amended by adding at the end the following: (c) Judicial officers (1) In general Subject to paragraph (6), not later than 1 year after the date of enactment of this subsection, the Administrative Office of the United States Courts shall develop a system to enable, pursuant to title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), through a database maintained on the official website of the Administrative Office of the United States Courts— (A) electronic filing of reports received from judicial officers pursuant to that title; and (B) public access— (i) to each— (I) financial disclosure report filed by a judicial officer; (II) transaction disclosure report filed by a judicial officer pursuant to section 103( l ) of the Ethics in Government Act of 1978 (5 U.S.C. App); and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to that title; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in a report described in clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines). (2) Login For purposes of filings under paragraph (1)(B), section 105(b)(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) shall not apply. (3) Public availability The electronic availability of filings under paragraph (1)(B) on the official website of the Administrative Office of the United States Courts shall be deemed to meet the public availability requirement under section 105(b)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (4) Filers covered Each judicial officer who is required under the Ethics in Government Act of 1978 (5 U.S.C. App.) to file a financial disclosure report with a supervising ethics office shall be able to file that report electronically using the applicable system developed under this subsection. (5) Extensions Each notice of an extension for a financial disclosure covered by this subsection shall be made available electronically under paragraph (1)(B), together with any related disclosure. (6) Additional time The requirements of this subsection may be implemented after the date described in paragraph (1) if the Administrative Office of the United States Courts identifies in writing to the relevant congressional committees the additional time needed for that implementation. . (d) Officers of Federal Reserve banks Section 9 of the STOCK Act ( Public Law 112–105 ; 126 Stat. 297) (as amended by subsection (c)) is amended by adding at the end the following: (d) Officers of Federal Reserve banks (1) Definitions In this subsection: (A) Covered person The term covered person means— (i) a president of a Federal Reserve bank; (ii) a vice president of a Federal Reserve bank; and (iii) a director of a Federal Reserve bank. (B) Supervising ethics office The term supervising ethics office means the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection. (2) Electronic filing and online public availability of financial disclosure forms (A) In general Subject to subparagraph (F), not later than 1 year after the date of enactment of this subsection, the supervising ethics office shall develop a system to enable, pursuant to title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), through a database maintained on the official website of the supervising ethics office— (i) electronic filing of reports received from covered persons pursuant to that title; and (ii) public access— (I) to each— (aa) financial disclosure report filed by a covered person; (bb) transaction disclosure report filed by a covered person pursuant to section 103( l ) of the Ethics in Government Act of 1978 (5 U.S.C. App); and (cc) notice of extension, amendment, or blind trust, with respect to a report described in item (aa) or (bb), pursuant to that title; and (II) in a manner that— (aa) allows the public to search, sort, and download data contained in a report described in subclause (I) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (bb) allows access through an application programming interface; and (cc) is fully compliant with— (AA) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (BB) the most recent Web Content Accessibility Guidelines (or successor guidelines). (B) Login For purposes of filings under subparagraph (A)(ii), section 105(b)(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) shall not apply. (C) Public availability The electronic availability of filings under subparagraph (A)(ii) on the official website of a supervising ethics office shall be deemed to meet the public availability requirement under section 105(b)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (D) Filers covered Each covered person who is required under the Ethics in Government Act of 1978 (5 U.S.C. App.) to file a financial disclosure report with a supervising ethics office shall be able to file that report electronically using the applicable system developed under this paragraph. (E) Extensions Each notice of an extension for a financial disclosure covered by this paragraph shall be made available electronically under subparagraph (A)(ii), together with any related disclosure. (F) Additional time The requirements of this paragraph may be implemented after the date described in subparagraph (A) if a supervising ethics office identifies in writing to the relevant congressional committees the additional time needed for that implementation. . (e) Applicability The amendments made by this section shall apply on and after the date that is 18 months after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3612is/xml/BILLS-117s3612is.xml |
117-s-3613 | II 117th CONGRESS 2d Session S. 3613 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mr. Kennedy (for himself, Ms. Duckworth , Mr. Cassidy , and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the housing of chimpanzees at installations of the Department of the Air Force.
1. Short title This Act may be cited as the Chimp Sanctuary Act . 2. Prohibition on housing of chimpanzees at installations of the Air Force (a) In general On or after the date that is 180 days after the date of the enactment of this Act, the Secretary of the Air Force may not house chimpanzees at any installation of the Department of the Air Force. (b) Transport of chimpanzees (1) In general Any chimpanzees currently housed at an installation of the Department of the Air Force shall be transported to Chimp Haven in Louisiana, beginning not later than the date of the enactment of this Act. (2) Completion of transport All transport of chimpanzees required under paragraph (1) shall be completed by not later than the date that is 180 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3613is/xml/BILLS-117s3613is.xml |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.