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117-s-3614 | II 117th CONGRESS 2d Session S. 3614 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mr. Sullivan (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit the importation of seafood and seafood products from the Russian Federation, and for other purposes.
1. Short title This Act may be cited as the United States-Russian Federation Seafood Reciprocity Act of 2022 . 2. Findings Congress makes the following findings: (1) In 2014, the Russian Federation invaded and annexed the Crimean Peninsula from Ukraine. (2) The United States and its allies imposed sanctions with respect to the Russian Federation as a result of that hostile and illegal action. (3) In retaliation, the Government of the Russian Federation imposed an embargo on agricultural products, including seafood, imported from the United States, the European Union, Australia, Canada, and Norway. (4) Before imposing the embargo, the Russian Federation was an important export market for United States seafood products. (5) Russian-origin seafood products continue to enter to the United States market without restriction and imports of such products increased roughly 173 percent in value between 2013, the year before the imposition of the embargo, and 2020. 3. Prohibition on importation of seafood and seafood products from the Russian Federation The importation into the United States from the Russian Federation of any article classifiable under chapter 3 of the Harmonized Tariff Schedule of the United States is prohibited. 4. Termination The prohibition under section 3 shall terminate on the date on which the President determines and certifies Congress that the Government of the Russian Federation has terminated its prohibition on the importation of seafood products from the United States. 5. Effective date Section 3 applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3614is/xml/BILLS-117s3614is.xml |
117-s-3615 | II 117th CONGRESS 2d Session S. 3615 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mr. Sanders (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish a cap on costs for covered prescription drugs under Medicare parts B and D.
1. Short title This Act may be cited as the Cutting Medicare Prescription Drug Prices in Half Act . 2. Cap on costs for covered prescription drugs under Medicare parts B and D (a) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) is amended by adding at the end the following new section: 1899C. Cap on costs for covered prescription drugs under Medicare parts B and D (a) In general In no case may the amount of payment for a drug or biological under part B or a covered part D drug (as defined in section 1860D–2(e)) under a prescription drug plan under part D exceed the lower of the following: (1) The amount paid by the Secretary of Veterans Affairs to procure the drug under the laws administered by the Secretary. (2) The amount paid to procure the drug through the Federal Supply Schedule of the General Services Administration. (b) Manufacturer requirement In order for coverage to be available under part B for a drug or biological of a manufacturer or under part D for a covered part D drug of a manufacturer, the manufacturer must agree to provide such drug or biological to providers of services and suppliers under part B or such covered part D drug to prescription drug plans under part D for an amount that does not exceed the maximum payment amount applicable under subsection (a). (c) Access to pricing information The Secretary of Veterans Affairs and the Administrator of General Services shall provide to the Secretary of Health and Human Services the information described in paragraphs (1) and (2), respectively, of subsection (a) and such other information as the Secretary of Health and Human Services may request in order to carry out this section. (d) Effective date This section shall apply with respect to drugs furnished or dispensed on or after October 1, 2022. . (b) Conforming amendments (1) Application under part B Section 1847A of the Social Security Act ( 42 U.S.C. 1395w–3a ) is amended— (A) in subsection (b)(1), by striking and (e) and inserting (e), and (i) ; (B) by redesignating subsection (i) as subsection (j); and (C) by inserting after subsection (h) the following subsection: (i) Application of cap on costs for part B drugs Notwithstanding the preceding provisions of this subsection, the amount of payment under this section for a drug or biological furnished on or after October 1, 2022, shall not exceed the maximum payment amount applicable to the drug or biological under section 1899C(a). . (2) Application as negotiated price under part D Section 1860D–2(d)(1)(B) of the Social Security Act ( 42 U.S.C. 1395w–102(d)(1)(B) ) is amended by adding at the end the following new sentence: Notwithstanding any other provision of this part, the negotiated price used for payment for a covered part D drug dispensed on or after October 1, 2022, shall not exceed the maximum payment amount applicable to the covered part D drug under section 1899C(a). . | https://www.govinfo.gov/content/pkg/BILLS-117s3615is/xml/BILLS-117s3615is.xml |
117-s-3616 | II 117th CONGRESS 2d Session S. 3616 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mrs. Murray (for herself and Mr. Portman ) 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 improve the financial aid process for homeless and foster care youth.
1. Short title This Act may be cited as the Higher Education Access and Success for Homeless and Foster Youth Act of 2022 . 2. Definitions (a) Homeless and foster youth Section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ) is amended— (1) by redesignating paragraph (10), paragraphs (11) through (22), and paragraphs (23) through (24), as paragraph (11), paragraphs (13) through (25), and paragraphs (26) through (27), respectively; (2) by inserting after paragraph (9) the following: (10) Foster care youth The term foster care youth — (A) means children and youth whose care and placement are 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. and 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 such children and youth; and (B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered 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. and 670 et seq.) and who are no longer under the care and responsibility of such a State or Tribal agency, without regard to any such individual’s subsequent adoption, guardianship arrangement, or other form of permanency outcome. ; (3) by inserting after paragraph (11), as redesignated by paragraph (1), the following: (12) 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 ). ; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: (25) Unaccompanied The terms unaccompanied and unaccompanied youth have the meaning given the term unaccompanied youth in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). . (b) Technical correction Section 480 of the Higher Education Act of 1965, as amended by section 702(l)(2) of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended by striking subsections (m) and (n). 3. Technical corrections to FAFSA Simplification Act Section 479D of the Higher Education Act of 1965, as in effect on the effective date of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended— (1) in subsection (a)(1)(D), by inserting the same or before a prior award ; (2) in subsection (b)(5), by inserting the same or before a prior award ; and (3) in subsection (d)(2)— (A) by inserting this section, or paragraph (2), (8), or (9) of section 480(d), after pursuant to section 479A(c), ; and (B) by striking under such paragraph in the same award year and inserting under such provisions in the same or a prior award year . 4. Student loan ombudsman assistance for homeless and foster youth Section 141(f)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1018(f)(3) ) is amended— (1) in subparagraph (A), by striking and after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) receive, review, and resolve expeditiously complaints regarding a student’s independence under paragraph (2) or (8) of section 480(d), in consultation with knowledgeable parties, including child welfare agencies, local educational agency liaisons for homeless youth designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act ( 42 U.S.C. 11432 ). . 5. Liaisons and Access to Housing for Homeless and Foster Youth (a) Access to housing Section 487(a)(19) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(19) ) is amended— (1) by striking The institution will not and inserting the following: The institution— (A) will not ; (2) by inserting housing facilities, after libraries, ; (3) by striking institution. and inserting institution; and ; and (4) by adding at the end the following: (B) will provide a means for students to access institutionally owned or operated housing if a student is temporarily unable to meet financial obligations related to housing, including deposits, due to delayed disbursement of vouchers for education and training made available under section 477 of part E of title IV of the Social Security Act ( 42 U.S.C. 677 ) or delays attributable to the institution. . (b) Liaisons Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended by adding at the end the following: (n) Liaisons and Access to Housing for Homeless and Foster Youth Each institution of higher education participating in any program under this title shall— (1) have designated an appropriate staff person with sufficient capacity and training to act as a liaison to assist homeless youth, students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth in accessing and completing postsecondary education, including by ensuring that those individuals are connected to applicable and available student support services, programs, and community resources such as financial aid, academic advising, housing, food, public benefits, health care, health insurance, mental health care, child care, transportation benefits, and mentoring; (2) post on the institution’s website— (A) the contact information for the liaison designated under paragraph (1); (B) information on the process for providing documentation for a determination of independence under section 479D; and (C) information about student financial assistance and other assistance available to homeless youth, students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including their eligibility as independent students under paragraphs (2) or (8) of sections 480(d); (3) give priority for any institutionally owned or operated housing facilities, including student housing facilities that remain open for occupation during school breaks or on a year-round basis, to— (A) homeless youth; (B) youth who are unaccompanied, at risk of homelessness, and self-supporting; and (C) foster care youth; (4) have developed a plan for how such homeless youth, youth who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth can access housing resources during and between academic terms, through means that may include access to institutionally owned or operated housing during breaks and a list of housing resources in the community that provide short-term housing; and (5) include, in its application for admission, questions (to be answered voluntarily) regarding the applicant’s status as a homeless youth (including unaccompanied homeless youth), youth who is unaccompanied, at risk of homelessness, and self-supporting, or foster care youth, that— (A) can be answered by the applicant voluntarily for the limited purpose of being provided information about financial aid or any other available assistance; (B) explain the key terms in the question in a manner that applicants can understand in order to self-identify with such status; and (C) with consent of the applicant, may be shared with the liaison after admission but prior to the beginning of the next academic term. . 6. Serving homeless and foster youth in Federal TRIO programs Section 402A of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 ) is amended— (1) in subsection (c)(6), by striking the last sentence and inserting the following: The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ; and (2) in subsection (f)(2), by striking college students, and and inserting college students, homeless youth, foster care youth, and . 7. Serving homeless and foster youth in talent search Section 402B(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–12(d) ) is amended— (1) in paragraph (3), by striking and after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; (6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth as part of the project; and (7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth. . 8. Serving homeless and foster youth in upward bound Section 402C(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–13(e) ) is amended— (1) in paragraph (4), by striking and after the semicolon; (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (6) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; (7) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and (8) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth. . 9. Serving homeless and foster youth in student support services Section 402D(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–14(e) ) is amended— (1) in paragraph (5), by striking and after the semicolon; (2) in paragraph (6)(B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (7) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; (8) require that such entity submit, in the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth, who are enrolled or accepted for enrollment at the institution; and (9) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth. . 10. Serving homeless and foster youth in educational opportunity centers Section 402F(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–16(c) ) is amended— (1) in paragraph (2), by striking and after the semicolon; (2) in paragraph (3), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (4) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; (5) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and (6) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth. . 11. Reports and evaluations Section 402H of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–18 ) is amended by adding at the end the following: (e) Report regarding homeless and foster youth Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes— (1) data on the number of homeless youth and foster care youth served through the project; and (2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth. . 12. Serving homeless and foster youth in gaining early awareness and readiness for undergraduate programs (a) Applications Section 404C(a)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–23(a)(2) ) is amended— (1) in subparagraph (I), by striking and after the semicolon; (2) in subparagraph (J), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (K) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; (L) require that such entity submit, as part of the assurance, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and (M) require an assurance that such entity will prepare and submit the report required under section 404G(c) at the conclusion of the project regarding such homeless youth and foster care youth. . (b) Permissible activities Section 404D(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–24(b) ) is amended by adding at the end the following: (16) Facilitating the recruitment, participation, and retention of homeless youth and foster care youth, which may include— (A) establishing partnerships with community-based organizations, child welfare agencies, homeless shelters, and local educational agency liaisons for homeless individuals designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ) to identify students, improve policies and practices, and to establish data sharing agreements; (B) carrying out— (i) activities to facilitate continued participation despite changes in residence resulting from homelessness or foster care placement; and (ii) policies consistent with the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. ) to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and (C) carrying out other activities to meet the needs of such homeless youth and foster care youth. . (c) Evaluation and report Section 404G of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–27 ) is amended— (1) by redesignating subsections (c) and (d), as subsections (d) and (e), respectively; and (2) inserting after subsection (b) the following: (c) Report regarding homeless and foster youth Each entity carrying out a project under section 404A shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes— (1) data on the number of homeless youth and foster care youth served through the project; and (2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth. . 13. Priority for Federal work-study programs for homeless and foster youth Section 443(b)(6) of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53(b)(6) ) is amended by inserting , and prioritize employment for students who are homeless youth or foster care youth after thereof . 14. Data transparency on the number of pending requests for determination by homeless youth Section 483(c)(2)(B) is amended— (1) in clause (i), by striking and after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant’s request for the institution to consider the applicant’s special circumstance of being homeless. . 15. In-State tuition rates for homeless and foster youth Section 135 of the Higher Education Act of 1965 ( 20 U.S.C. 1015d ) is amended— (1) in the section heading, by inserting , homeless youth and foster care youth after children ; (2) in subsection (a)— (A) by striking (a) Requirement .—In the case and inserting the following: (a) Requirement (1) Armed forces In the case ; and (B) by adding at the end the following: (2) Homeless and foster youth In the case of a homeless youth or a foster care youth, such State shall not charge such individual tuition and required fees for attendance at a public institution of higher education in the State at a rate that is greater than the rate of tuition and required fees charged for residents of the State. ; and (3) by striking subsections (c) and (d) and inserting the following: (c) Effective date (1) Armed forces With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. (2) Homeless and foster youth With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022 . (d) Definitions In this section, the terms armed forces and active duty for a period of more than 30 days have the meanings given those terms in section 101 of title 10, United States Code. . 16. Secretarial support and guidance for homeless and foster youth Part B of title I ( 20 U.S.C. 1011 et seq. ) is amended by adding at the end the following: 124. Secretarial support and guidance for homeless and foster youth (a) Guidance Not later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022 , the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 479D. (b) Professional development Beginning not later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022 , the Secretary shall conduct an annual professional development or training program, such as a webinar, for liaisons described under section 485(n) and interested faculty or staff regarding postsecondary education services for such homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth. (c) Report Not later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022 , and not less than once every 5 years thereafter, the Secretary shall prepare and submit to Congress a report containing strategies used by institutions, financial aid administrators, and liaisons described under section 485(n) that were effective in meeting the needs of such homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including strategies relating to streamlining financial aid policies and procedures and postsecondary education recruitment, retention, and completion. . 17. Effective date The amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) and in accordance with section 701(b) of such Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3616is/xml/BILLS-117s3616is.xml |
117-s-3617 | II 117th CONGRESS 2d Session S. 3617 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mrs. Blackburn introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Office of National Drug Control Policy Reauthorization Act of 2006 to modify the authority of the Office of National Drug Control Policy and the United States Anti-Doping Agency, and for other purposes.
1. Short title This Act may be cited as the Restoring Confidence to the World Anti-Doping Agency Act of 2022 . 2. Authority of the United States Anti-Doping Agency with respect to the World Anti-Doping Agency Section 701 of the Office of National Drug Control Policy Reauthorization Act of 2006 ( 21 U.S.C. 2001 ) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) United States Olympic and Paralympic Committee The term United States Olympic and Paralympic Committee means the organization established by chapter 2205 of title 36, United States Code. ; (B) by redesignating paragraphs (1) and (3) as paragraphs (4) and (1), respectively, and moving the paragraphs so as to appear in numeric order; and (C) by inserting after paragraph (2) the following: (3) Independent athlete The term independent athlete means an amateur athlete who does not serve, in any capacity, in— (A) the International Olympic Committee; (B) the International Paralympic Committee; (C) an international sports federation recognized by the International Olympic Committee or the International Paralympic Committee; (D) the United States Olympic and Paralympic Committee; or (E) the World Anti-Doping Agency. ; (2) in subsection (b)— (A) by striking United States Olympic Committee each place it appears and inserting United States Olympic and Paralympic Committee ; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (5) carry out responsibilities with respect to the World Anti-Doping Agency, as described in subsection (c). ; and (3) by adding at the end the following: (c) Authority with respect to the World Anti-Doping Agency (1) In general The Office of National Drug Control Policy, in conjunction with the United States Anti-Doping Agency, shall— (A) use all available tools to ensure that— (i) the World Anti-Doping Agency maintains a proper conflict-of-interest policy that prohibits an individual from serving as a member of the Executive Committee of the World Anti-Doping Agency if, during the preceding 2-year period, the individual served in any capacity for a sports federation that is or was under the jurisdiction of the World Anti-Doping Agency; and (ii) independent athletes from the United States and other democratic countries, or representatives of such athletes, have voting positions on the Executive Committee and governing bodies of the World Anti-Doping Agency, including the foundation board and all standing committees and working groups; (B) demonstrate leadership within the global community; (C) have strict standards that work toward countering the state-sponsored doping system of the Russian Federation and other state-sponsored, systemic fraud through doping; and (D) work collaboratively with democratic countries. (2) Determination (A) In general Not later than 90 days after the date of the enactment of this subsection, the Office of National Drug Control Policy, in conjunction with the United States Anti-Doping Agency, shall make a determination as to whether the World Anti-Doping Agency— (i) has a credible and independent governance model that provides for fair representation of the United States; (ii) maintains a conflict-of-interest policy described in paragraph (1)(A)(i); and (iii) allows independent athletes from the United States and other democratic countries, or representatives of such athletes, to have voting positions on the Executive Committee and governing bodies of the World Anti-Doping Agency, including the foundation board and all standing committees and working groups. (B) Accountability In the case of a determination under subparagraph (A) that the World Anti-Doping Agency does not have such a governance model, maintain such a conflict-of-interest policy, or allow such voting positions, the Office of National Drug Control Policy, in conjunction with the United States Anti-Doping Agency, shall— (i) submit a request to the Government Accountability Office to indicate the amount of United States taxpayer dollars used to pay dues to the World Anti-Doping Agency; (ii) demand that the United States have fair representation in World Anti-Doping Agency, including not fewer than one representative on each of— (I) the Executive Committee of the World Anti-Doping Agency; and (II) any other governing body of the World Anti-Doping Agency for which the United States pays dues; and (iii) issue a report that describes the justifications, and the countries responsible, for blocking the United States from the Executive Committee of the World Anti-Doping Agency. (3) United States participation in Executive Committee of the World Anti-Doping Agency (A) In general As a condition of United States participation in the World Anti-Doping Agency— (i) the United States shall be allotted not fewer than one seat on the Executive Committee of the World Anti-Doping Agency for as long as such Executive Committee is a representative body as structured on the date of the enactment of this subsection; and (ii) the World Anti-Doping Agency shall make a legal commitment to the Office of National Drug Control Policy and the United States Anti-Doping Agency that states there will be not fewer than one representative of the United States on such Executive Committee at all times. (B) Refund of dues If such Executive Committee appoints not fewer than one representative of the United States during the one-year period beginning on the date of the enactment of this subsection, the Office of National Drug Control Policy or the United States Anti-Doping Agency may not appeal to the World Anti-Doping Agency for a refund of dues paid during the period in which the United States did not have a representative on such Executive Committee. . | https://www.govinfo.gov/content/pkg/BILLS-117s3617is/xml/BILLS-117s3617is.xml |
117-s-3618 | II 117th CONGRESS 2d Session S. 3618 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Federal Cybersecurity Enhancement Act of 2015 to require Federal agencies to obtain exemptions from certain cybersecurity requirements in order to avoid compliance with those requirements, and for other purposes.
1. Short title This Act may be cited as the Federal Cybersecurity Oversight Act of 2022 . 2. Federal cybersecurity requirements (a) Exemption from Federal requirements Section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 ( 6 U.S.C. 1523(b)(2) ) is amended to read as follows: (2) Exception (A) In general A particular requirement under paragraph (1) shall not apply to an agency information system of an agency if— (i) with respect to the agency information system, the head of the agency submits to the Director an application for an exemption from the particular requirement, in which the head of the agency personally certifies to the Director with particularity that— (I) operational requirements articulated in the certification and related to the agency information system would make it excessively burdensome to implement the particular requirement; (II) the particular requirement is not necessary to secure the agency information system or agency information stored on or transiting the agency information system; and (III) the agency has taken all necessary steps to secure the agency information system and agency information stored on or transiting the agency information system; (ii) the head of the agency or the designee of the head of the agency has submitted the certification described in clause (i) to the appropriate congressional committees and any other congressional committee with jurisdiction over the agency; and (iii) the Director grants the exemption from the particular requirement. (B) Duration of exemption (i) In general An exemption granted under subparagraph (A) shall expire on the date that is 1 year after the date on which the Director granted the exemption. (ii) Renewal Upon the expiration of an exemption granted to an agency under subparagraph (A), the head of the agency may apply for an additional exemption. . (b) Report on exemptions Section 3554(c)(1)(A) of title 44, United States Code, is amended— (1) in clause (iii), by striking and at the end; (2) by redesignating clause (iv) as clause (v); and (3) by inserting after clause (iii) the following: (iv) with respect to any exemption the Director of the Office of Management and Budget has granted the agency under section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 ( 6 U.S.C. 1523(b)(2) ) that is effective on the date of submission of the report— (I) an identification of each particular requirement from which any agency information system (as defined in section 2210 of the Homeland Security Act of 2002 ( 6 U.S.C. 660 )) is exempted; and (II) for each requirement identified under subclause (I)— (aa) an identification of the agency information system described in subclause (I) exempted from the requirement; and (bb) an estimate of the date on which the agency will to be able to comply with the requirement; and . (c) Effective date This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3618is/xml/BILLS-117s3618is.xml |
117-s-3619 | VI 117th CONGRESS 2d Session S. 3619 IN THE SENATE OF THE UNITED STATES February 9, 2022 Ms. Hirono (for herself and Mr. Schatz ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL For the relief of Vichai Sae Tung (also known as Chai Chaowasaree).
1. Permanent residence status for Vichai Sae Tung (a) In general Notwithstanding any other provision of law, for purposes of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), Vichai Sae Tung (also known as Chai Chaowasaree) shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act upon payment of the required visa fees. (b) Reduction of number of available visas Upon the granting of permanent residence to Vichai Sae Tung (also known as Chai Chaowasaree) pursuant to subsection (a), the Secretary of State shall instruct the proper officer to reduce by one, during the current or subsequent fiscal year, the total number of immigrant visas available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ). | https://www.govinfo.gov/content/pkg/BILLS-117s3619is/xml/BILLS-117s3619is.xml |
117-s-3620 | II 117th CONGRESS 2d Session S. 3620 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mr. Cassidy (for himself and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the Commission for the Comprehensive Study of Health Data Use and Privacy Protection.
1. Short title This Act may be cited as the Health Data Use and Privacy Commission Act . 2. Findings; rule of construction; sense of congress (a) Findings Congress finds the following: (1) The people of the United States are increasingly concerned about their civil liberties and the confidentiality, security, and use of their personal health information. (2) Commercial entities are increasingly aware that consumers expect them to adopt privacy policies and take appropriate steps to protect consumers’ personal health information. (3) Due to a lack of Federal guidelines and a range of different State and local rules regarding privacy protection for individually identifiable health information, there is a growing concern about the confidentiality of personal health information collected outside the context of health care delivery, payment, and the practice of medicine generally. (4) There is a need to ensure that accurate and timely health information flows to meet the needs of patients, reduce costs in the health care system, coordinate care, and improve health care outcomes. (5) Access to accurate and complete health information is critical to ensure the equitable, safe, and effective delivery of care, the development of novel treatments and cures, the promotion of public health, and the refinement of health care delivery. (6) During the public health emergency with respect to COVID–19 declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), some Federal and State privacy rules have been waived, modified, or not enforced to help contain the pandemic. As a result, the COVID–19 contagion has uncovered areas where current State and Federal privacy rules may impede patient care, public health management, and efforts to control the pandemic. Moreover, the pandemic has spurred innovation including the development of new technologies and technology platforms that may not be covered by current regulatory constructs. (7) Privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ) have provided clearly defined responsibilities and enforcement for entities and business associates covered by such regulations, however, the regulations should be assessed to account for the evolution of emerging technologies, data and data management tools, and the modernization of health care delivery. (8) New rules and policies from the Federal Government encouraging the flow of health information to improve care and patient access to their own health information, including the rules promulgated under the 21st Century Cures Act ( Public Law 114–255 ), raise the issue of protected health information flowing to entities that are not subject to standardized privacy protections, including the privacy regulations promulgated under the Health Information Portability and Accountability Act of 1996 ( Public Law 104–191 ), the Health Information Technology for Economic and Clinical Health Act ( Public Law 111–5 ) (including the amendments made by such Act), and section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ; commonly known as the Family Educational Rights and Privacy Act of 1974 ). (9) Given the extensive proliferation of laws and proposals concerning the privacy of health information in light of recent changes in technology, applications, social media, and other platforms, and the increasing generation, collection, use, sharing, and selling of personal health information, a coordinated and comprehensive review is necessary to evaluate the effectiveness of existing protections of personal health information compiled by the health care, insurance, financial services, consumer electronics, advertising, technology, and other industries. (10) Use of the internet as a medium for commercial, social, and health related activities will continue to grow, and more data, including personal health information, will be generated, exchanged, and used by an increasing number of entities engaged in the digital marketplace. (11) An increasing number of people of the United States are using consumer health technologies, including wearable technology, with about 20 percent of people of the United States reporting using such technology in 2020, and generating data about their personal health and well-being. (12) The United States is the leading economic and social force in the global information economy, and it is important for the United States to continue that leadership. As countries and governing bodies around the world continue to establish privacy standards, these standards will directly affect the United States. (13) The shift from an industry-focused economy to an information-focused economy calls for a swift reassessment of the most effective ways to balance personal privacy against information use for legitimate purposes, keeping in mind the potential for unintended effects on technology and product development, innovation, and medical research. (b) Rule of construction This Act shall not be construed to prohibit the enactment of privacy legislation by Congress during the existence of the Commission on Health Data Use and Privacy Protection established under section 3. (c) Sense of congress It is the sense of Congress that— (1) it is the responsibility of Congress to act to protect the privacy of individuals, including individuals’ medical information, and to foster the improvement our Nation’s health care system; and (2) further study by the Commission established under section 3 should not be considered a prerequisite for further consideration or enactment of health privacy or other related privacy legislation by Congress. 3. Establishment There is established a commission to be known as the Commission on Health Data Use and Privacy Protection (referred to in this Act as the Commission ). 4. Duties of Commission (a) Study The Commission shall conduct a study of issues relating to protection of individual privacy and the appropriate balance to be achieved between protecting individual privacy and allowing and advancing appropriate uses of personal health information, including the following issues: (1) The monitoring, collection, and distribution of personal health information by Federal, State, and local governments, such as the collection of information to combat the spread of infectious diseases such as COVID–19, the threat of substance use disorders involving opioids and other substances, and other public health threats and benefits. (2) Current efforts to address the access, exchange, and use of personal health information by Federal and State governments, individuals, or entities, including— (A) existing statutes and regulations relating to the protection of individual privacy, such as section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ), section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), the Federal Trade Commission Act ( 15 U.S.C. 42 et seq. ), the Common Rule and other applicable regulations promulgated under the Health Information Portability and Accountability Act of 1996 ( Public Law 104–191 ), the Health Information Technology for Economic and Clinical Health Act ( Public Law 111–5 ) (including the amendments made by such Act), the 21st Century Cures Act ( Public Law 114–255 ) (including the amendments made by such Act), and section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ; commonly known as the Family Educational Rights and Privacy Act of 1974 ); (B) relevant legislation pending before Congress and State legislatures; (C) privacy protection efforts undertaken by— (i) the Federal Government; (ii) State governments; or (iii) foreign governments and international governing bodies; (D) privacy protection efforts undertaken by the private sector, including any relevant recommendations, frameworks, or proposals; and (E) self-regulatory efforts initiated or proposed by the private sector to respond to privacy issues. (3) The differences and similarities between Federal, State, and international rules for protecting the privacy of health information and the degree to which such similarities or differences create or address problems related to collecting, sharing, and using health information to improve care and lower costs, and any trade-offs related to patient privacy and patient control over health information. (4) The need for consistency in deidentification standards for health data to avoid conflicting requirements that could impede the improvement of health care through clinical trials, technology development, public health surveillance, monitoring of general health trends, and medical research. (5) Technologies and data currently used for treatment, payment, and health care operations, compared with technologies used when the privacy regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note) were first issued, including an assessment of any gaps in the privacy protections under such regulations resulting from data collection and use by non-covered entities, taking into account recommendations of the National Committee on Vital and Health Statistics and the Office for the National Coordinator for Health Information Technology. (6) The monitoring, collection, and distribution of personal information by individuals or entities, including access to, and use of, personal health information and medical records, and the ability to access and restrict the information. (7) Employer practices and policies with respect to the health information of employees, including— (A) the extent to which employers collect, use, or disclose employee health information for marketing, employment, or insurance underwriting purposes; (B) what restrictions employers place on disclosure or use of employee health information; and (C) practices of employer medical departments with respect to disclosing employee health information to administrative or other personnel of the employer. (8) Current enforcement of privacy laws and rules through the Federal Trade Commission, the Office for Civil Rights of the Department of Health and Human Services, the Civil Rights Division of the Department of Justice, State agencies (including State attorneys general), and private rights of action. Such evaluation shall include an examination of efficacy, recommendations, and advantages and disadvantages of different enforcement mechanisms, and the potential for consolidation of enforcement. (9) Varying notices of privacy practices and whether such practices are effective in informing consumers of their rights and responsibilities, including, as appropriate, an assessment of best practices. (10) Varying statutory and regulatory employee training requirements, including, as appropriate, an assessment of best practices and whether harmonized training requirements may be more effective in encouraging efficient and effective training of employees in sound practices concerning personal health data. (11) Challenges and potential solutions to consent requirements and processes, particularly related to medical research. (12) The degree to which personal health information is sold with or without consent, and the uses of such information. (b) Field hearings The Commission may conduct field hearings in the United States. (c) Report (1) In general Not later than 6 months after the appointment of all members of the Commission— (A) a majority of the members of the Commission shall approve a report described in paragraph (2); and (B) the Commission shall submit the approved report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Secretary of Health and Human Services, and the President. (2) Contents The report required under paragraph (1) shall include a detailed statement of findings, conclusions, and recommendations, including the following: (A) Findings from the study conducted by the Commission pursuant to section 4(a), including potential threats posed to individual health privacy and to legitimate business and policy interests. (B) Analysis of purposes for which sharing of health information is appropriate and beneficial to consumers and the threat to health outcomes and costs if privacy rules are too stringent. (C) Analysis of the effectiveness of existing statutes, regulations, private sector self-regulatory efforts, technology advances, and market forces in protecting individual health privacy. (D) Recommendations on whether Federal legislation is necessary, and if so, specific suggestions on proposals to reform, streamline, harmonize, unify, or augment current laws and regulations relating to individual health privacy, including reforms or additions to existing law related to enforcement, preemption, consent, penalties for misuse, transparency, and notice of privacy practices. (E) Analysis of whether additional regulations may impose costs or burdens, or cause unintended consequences in other policy areas, such as security, law enforcement, medical research, health care cost containment, improved patient outcomes, public health, or critical infrastructure protection, and whether such costs or burdens are justified by the additional regulations or benefits to privacy, including whether such benefits may be achieved through less onerous means. (F) Cost analysis of legislative or regulatory changes proposed in the report. (G) Recommendations on non-legislative solutions to individual health privacy concerns, including education, market-based measures, industry best practices, and new technologies. (H) Review of the effectiveness and utility of third-party statements of privacy principles and private sector self-regulatory efforts, as well as third-party certification or accreditation programs meant to ensure compliance with privacy requirements. (d) Additional report Together with the report under subsection (c), the Commission shall submit to Congress and the President any additional report of dissenting opinions or minority views by a member or members of the Commission. (e) Interim report The Commission may submit to Congress and the President an interim report approved by a majority of the members of the Commission. 5. Membership (a) Number and appointment The Commission shall— (1) be composed of 17 members to be appointed by the Comptroller General; and (2) reflect the views of health providers, ancillary health care workers, health care purchasers, health plans, health technology developers, researchers, consumers, public health experts, civil liberties experts, genomics experts, educators, the consumer electronics industry, and relevant Federal agencies, and other entities as the Secretary of Health and Human Services determines appropriate. (b) Terms Each member of the Commission shall be appointed for the life of the Commission. (c) Vacancies A vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (d) Compensation; travel expenses Members of the Commission shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Meetings (1) In general The Commission shall meet at the call of the Chair or a majority of its members. (2) Initial meeting Not later than 60 days after the date of the enactment of this Act, the Commission shall hold its initial meeting. (3) Virtual or in-person meetings Meetings may be held in person or virtually. (g) Ethical disclosure The Comptroller General shall establish a system for public disclosure by members of the Commission of financial and other potential conflicts of interest relating to such members. Members of the Commission shall be treated as employees of Congress for purposes of applying title I of the Ethics in Government Act of 1978 (5 U.S.C. App.). 6. Director; staff; experts and consultants (a) Director (1) In general Not earlier than 45 days after the date of enactment of this Act, the Commission shall appoint a Director of the Commissioner (referred to in this Act as the Director ) without regard to the provisions of title 5, United States Code, governing appointments to the competitive service. (2) Pay The Director shall be paid at the rate payable for level III of the Executive Schedule established under section 5314 of title 5, United States Code. (b) Staff The Director may appoint staff as the Director determines appropriate. (c) Applicability of certain civil service laws (1) In general The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (2) Pay The staff of the Commission shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for grade GS–15 of the General Schedule under section 5332 of that title. (d) Experts and consultants The Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal agencies (1) In general Upon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out this Act. (2) Notification Before making a request under this subsection, the Director shall give notice of the request to each member of the Commission. 7. Powers of Commission (a) Hearings and sessions The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of members and agents Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining official information (1) In general Except as provided in paragraph (2), if the Chair of the Commission submits a request to a Federal department or agency for information necessary to enable the Commission to carry out this Act, the head of that department or agency shall furnish that information to the Commission. (2) Exception for national security If the head of the department or agency determines that it is necessary to guard such information from disclosure to protect the national security interests of the United States, the head shall not furnish that information to the Commission. (d) Mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative support services Upon the request of the Director, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out this Act. (f) Gifts and donations The Commission may accept, use, and dispose of gifts or donations of services or property to carry out this Act, but only to the extent or in the amounts provided in advance in appropriation Acts. (g) Contracts The Commission may contract with and compensate persons and government agencies for supplies and services, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ). (h) Subpoena power (1) In general The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter that the Commission is empowered to investigate by section 4. The attendance of witnesses and the production of evidence may be required by such subpoena from any place within the United States and at any specified place of hearing within the United States. (2) Failure to obey a subpoena If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. 8. Termination The Commission shall terminate 30 days after submitting a report under section 4(c). 9. Authorization of appropriations (a) In general There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act. (b) Availability Any sums appropriated pursuant to the authorization in subsection (a) shall remain available until expended. 10. Budget act compliance Any new contract authority authorized by this Act shall be effective only to the extent or in the amounts provided in advance in appropriation Acts. 11. Privacy protections (a) Destruction or return of information required Upon the conclusion of the matter or need for which individually identifiable information was disclosed to the Commission, the Commission shall either destroy the individually identifiable information or return it to the person or entity from which it was obtained, unless the individual that is the subject of the individually identifiable information has authorized its disclosure. (b) Disclosure of information prohibited The Commission— (1) shall protect individually identifiable information from improper use; and (2) may not disclose such information to any person, including Congress or the President, unless the individual that is the subject of the information has authorized such a disclosure. (c) Proprietary business information and financial information The Commission shall protect from improper use, and may not disclose to any person, proprietary business information and proprietary financial information that may be viewed or obtained by the Commission in the course of carrying out its duties under this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3620is/xml/BILLS-117s3620is.xml |
117-s-3621 | II 117th CONGRESS 2d Session S. 3621 IN THE SENATE OF THE UNITED STATES February 9, 2022 Ms. Hirono (for herself, Mr. Whitehouse , Mr. Heinrich , Mrs. Murray , Ms. Smith , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To direct the Secretary of the Interior to establish a National Climate Adaptation Science Center and Regional Climate Adaptation Science Centers to respond to the effects of extreme weather events and climate trends, and for other purposes.
1. Short title This Act may be cited as the Climate Adaptation Science Centers Act or the CASC Act . 2. Definitions In this Act: (1) Adaptation The term adaptation means— (A) the process of adjustment to— (i) actual or expected climate; and (ii) the effects of extreme weather, climate trends, and climate variability; and (B) protection, management, and conservation efforts designed to maintain or enhance the ability of people, fish, wildlife, plants, land, ecosystems, and water of the United States to withstand, adjust to, or recover from the effects of extreme weather, climate trends, and climate variability. (2) Committee The term Committee means the Advisory Committee on Climate and Natural Resource Sciences established under section 6(b)(1). (3) Consortium institution The term consortium institution means an institution of higher education, State cooperative institution, State agency, Indian Tribe, Tribal College or University, historically Black college or university, Tribal organization, Native Hawaiian organization, minority-serving institution, or other educational institution or organization, Federal agency, public or private organization, individual, or any other party within each Regional Center other than the United States Geological Survey and the host institution. (4) Cultural resource (A) In general The term cultural resource means a feature or value relating to cultural heritage. (B) Inclusions The term cultural resource includes— (i) a biological species with cultural heritage or ceremonial importance; and (ii) a historic or prehistoric site, trail, structure, inscription, artwork, or artifact that is— (I) located on Federal land; or (II) representative of the culture of Indian Tribes, Native Hawaiians, or Native American Pacific Islanders. (5) Department The term Department means the Department of the Interior. (6) Ecosystem service The term ecosystem service means a benefit that an ecosystem provides humans and human society, including clean air, clean water, and other economically important services. (7) Historically black college or university The term historically Black colleges or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (8) Host institution The term host institution means the non-Federal lead organization within each Regional Center. (9) 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 ). (10) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (11) Minority-serving institution The term minority-serving institution means an institution described in paragraphs (2) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (12) National Center The term National Center means the National Climate Adaptation Science Center established under section 3(a). (13) Native American pacific islander The term Native American Pacific Islander means any descendent of the aboriginal people of any island in the Pacific Ocean that is a territory of the United States. (14) Native Hawaiian The term Native Hawaiian means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii. (15) Native Hawaiian organization The term Native Hawaiian organization means any organization that— (A) serves and represents the interests of Native Hawaiians; (B) has as a primary and stated purpose the provision of services to Native Hawaiians; and (C) has expertise in Native Hawaiian affairs, including— (i) the Office of Hawaiian Affairs; and (ii) Hui Malama I Na Kupuna O Hawai’i Nei. (16) Natural resources The term natural resources has the meaning given the term in section 11.14 of title 43, Code of Federal Regulations (or successor regulations). (17) Regional Center The term Regional Center means a Regional Climate Adaptation Science Center established under section 3(a). (18) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (19) State The term State means— (A) each of the several States of the United States; (B) the District of Columbia; (C) American Samoa; (D) Guam; (E) the Commonwealth of the Northern Mariana Islands; (F) the Commonwealth of Puerto Rico; and (G) the United States Virgin Islands. (20) Tribal college or university The term Tribal College or University has the meaning given the term in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ). (21) Tribal organization The term Tribal organization means— (A) the recognized governing body of any Indian Tribe; or (B) any legally established organization of members of an Indian Tribe that— (i) is controlled, sanctioned, or chartered by the recognized governing body of an Indian Tribe; or (ii) (I) is democratically elected by the adult members of the Indian community to be served by the organization; and (II) includes the maximum participation of members of Indian Tribes in all phases of the activities of the organization. 3. Establishment of the National and Regional Climate Adaptation Science Centers (a) Establishment (1) In general The Secretary, in collaboration with States, Indian Tribes, and other partner organizations, shall establish a program, to be known as the National and Regional Climate Adaptation Science Centers — (A) to provide scientific expertise to managers of natural resources, cultural resources, and ecosystem services for the purpose of informing decisions that aid adaptation to a changing climate and extreme weather events; and (B) that includes a National Climate Adaptation Science Center and Regional Climate Adaptation Science Centers, which shall be administered by the United States Geological Survey. (2) Chief; Directors (A) Chief The Chief of the National Center shall be an employee of the United States Geological Survey. (B) Directors (i) In general Each Regional Center shall have a Federal Director and a Host Institution Director who shall work cooperatively to further the mission of the Regional Center. (ii) Federal director A Federal Director of a Regional Center shall be an employee of the United States Geological Survey who reports directly to the Chief of the National Center. (b) Duties of the National Center In collaboration with Federal agencies, States, Indian Tribes, Tribal organizations, Native Hawaiians, Native Hawaiian organizations, Native American Pacific Islanders, and other partner organizations, the National Center shall— (1) serve as the national office for the Regional Centers; (2) provide leadership and guidance on administration, partnerships, information management, and communications; (3) develop and facilitate coordination among the Regional Centers; (4) coordinate with other Federal agencies working on similar research and activities; (5) conduct research on cross-regional and national science priorities; (6) support Regional Centers that— (A) are hosted at an institution of higher education, or a consortium of institutions of higher education or other research institutions, within the region of each Regional Center; (B) are collaborations between the Federal Director and the Host Institution Director and the staff of the Federal Director and the Host Institution Director to address the broad scientific mission and goals defined by the National Center— (i) in a manner that is relevant to the specific geographic region of the Regional Center; and (ii) in cooperation with State and local governments, Indian Tribes, Tribal organizations, Native Hawaiians, Native Hawaiian organizations, Native American Pacific Islanders, and other entities within that region; (C) promote research, education, training, and advisory service activities and broad and prompt dissemination of knowledge and techniques; and (D) receive funding at the host institution through cooperative agreements, contracts, and grants under section 4; and (7) acting through the Chief of the National Center, with respect to the Regional Centers— (A) (i) evaluate and assess the performance of the programs of Regional Centers every 5 years, using the priorities, guidelines, and qualifications established by the Secretary under this section; and (ii) based on the evaluation and assessment under clause (i), determine if the programs of the Regional Center are well managed and carry out high-quality research, education, training, and advisory service activities; and (B) subject to the availability of appropriations, allocate funding among Regional Centers for— (i) the conduct of regionally relevant research, education, training, and advisory service activities in each of the regions; (ii) encouraging collaborations among Regional Centers to address regional and national priorities established under this section; (iii) ensuring successful implementation and operation of Regional Centers; (iv) to the maximum extent consistent with other provisions of this Act, the provision of a stable base of funding in support of the Regional Centers; and (v) the encouragement and promotion of coordination and cooperation between the research, education, training, and advisory service activities of the Department and the activities of the host and consortium institutions. (c) Authorities of the National Center The National Center may— (1) procure the services of appropriate public and private agencies and institutions and other qualified persons to conduct the work of the National Center; and (2) operate and fund a network of not fewer than 9 Regional Centers that shall address the impacts of climate trends and variability, including extreme weather events, on natural resources, cultural resources, and ecosystem services. (d) Designation of the Regional Centers (1) Existing Regional Center Designations Any institution or consortium of institutions designated as the host institution of a Regional Center before the date of enactment of this Act shall not have to reapply for designation as a Regional Center if the Chief of the National Center determines that the institution or consortium of institutions meets the guidelines established under paragraph (2). (2) Reviews of the Regional Centers The Chief of the National Center, in consultation with the Committee, shall establish guidelines relating to the activities and responsibilities of the Regional Centers, including— (A) requirements for the merit review of the Regional Centers; (B) guidelines for the circumstances in which a host institution may be discontinued as a host institution; (C) the schedule for merit reviews, in accordance with scheduling criteria developed under this paragraph; and (D) the process to select a new host institution. (3) Changes to Consortium Institutions The Chief of the National Center, in consultation with the Federal Director and Host Institution Director of a Regional Center, may add or remove a consortium institution at any time to address regional and national priorities established under this section. (4) Nonapplicability of FACA A committee, subcommittee, or working group appointed by a Federal Director of a Regional Center shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (e) Duties of the regional centers In collaboration with Federal and State natural resources agencies and departments, Indian Tribes, Tribal organizations, Native Hawaiians, Native Hawaiian organizations, Native American Pacific Islanders, Tribal Colleges or Universities, historically Black Colleges or Universities, minority-serving institutions, institutions of higher education, other research or educational institutions, and other partner organizations, a Regional Center shall develop research, education, training, and advisory service priorities regarding the impacts of climate trends and variability on natural and cultural resource management in the region covered by the Regional Center for the purpose of climate adaptation. 4. General authority to enter into contracts, grants, cooperative agreements, and interagency agreements (a) Authority (1) In general The Secretary may enter into contracts, grants, cooperative agreements, and interagency agreements with a host institution or consortium institution to further the research, education, training, and advisory service activities of the Department or partners of the Department relating to impacts of climate trends and variability. (2) Effect The authority under paragraph (1)— (A) supplements any other authority provided under any other law relating to the Department; and (B) does not limit or repeal any existing authorities of the Department. (b) Legal instruments The Secretary may use a contract, grant, cooperative agreement, or interagency agreement as the legal instrument reflecting a relationship between the Secretary and a host institution or consortium institution to carry out the duties under section 3 without regard to— (1) any requirements for competition; (2) section 6101 of title 41, United States Code; or (3) subsections (a) and (b) of section 3324 of title 31, United States Code. (c) Participation of Federal agencies Notwithstanding any other provision of law, any Federal agency may participate in a cooperative agreement under this section by contributing funds through the National Center or otherwise if the parties to the cooperative agreement mutually agree that the objectives of the agreement would further the authorized programs of the contributing agency. (d) Title to assets The Secretary may vest in a contractor or recipient title to expendable and nonexpendable assets, including equipment, supplies, and other tangible personal property, if— (1) the contractor or recipient purchases the assets with funds from a contract, grant, cooperative agreement, or interagency agreement; and (2) the Secretary considers the vesting of title to be in furtherance of the research, education, training, and advisory service objectives of the Department. (e) Approval required In any case in which a contract is let or a grant is made to an organization to perform services benefitting more than 1 Indian Tribe, the approval of each Indian Tribe shall be a prerequisite to the letting or making of the contract or grant. 5. Interagency cooperation Each department, agency, or other instrumentality of the Federal Government that is engaged in or concerned with, or that has authority over, matters relating to natural resources, cultural resources, ecosystem services, or climate variability or change, including all member agencies of the United States Global Change Research Program— (1) may make available, on a reimbursable basis or otherwise, any personnel (with the consent of the personnel and without prejudice to the position and rating of the personnel), service, or facility that the Chief of the National Center determines to be necessary to carry out any provision of section 3; (2) shall, on a written request from the Secretary, furnish any available data or other information that the Secretary determines to be necessary to carry out any provision of section 3; (3) shall cooperate with the National Center, Regional Centers, and duly authorized officials of the National Center or Regional Centers; and (4) may transfer budgetary resources or otherwise enter into interagency agreements, including for funding, facilities, computational resources, data, or other tangible or intangible resources, between the National Center or Regional Centers to aid collaborative work among Federal agencies, if approved by the Chief of the National Center and the head of the applicable Federal agency. 6. Committees (a) Authority To establish committees The Chief of the National Center may establish committees or working groups and procedures to facilitate public participation in the advisory process, such as a national advisory committee for the National Center, stakeholder advisory committees and science implementation panels for the Regional Centers, and working groups for review of competitive or noncompetitive proposals. (b) Advisory Committee (1) Establishment Not later than 180 days after the date of enactment of this Act and pursuant to the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary shall establish an Advisory Committee on Climate and Natural Resource Sciences. (2) Members The Committee shall have not fewer than 15 members, including members that are employees of or represent the following: (A) An Indian Tribe. (B) A Tribal organization. (C) A Native Hawaiian organization. (D) A State or local government. (E) A Host institution of a Regional Center. (F) A nongovernmental organization. (G) An academic institution. (H) An organization of the private sector. (3) Chair; vice chair (A) Chair The Secretary shall appoint a Committee Chair from among the members of the Committee. (B) Vice chair The Committee shall select 1 voting member of the Committee to serve as the Vice Chair, who shall act as Chair in the absence or incapacity of the Chair. (4) Duties The Committee shall identify and recommend priorities for ongoing research needs on the issues described in section 3(e) to inform the research priorities of the National Center. (5) Term (A) In general Except as provided in subparagraph (C), the term of office of a voting member of the Committee shall be not more than 3 years. (B) Consecutive terms No member of the Committee may serve more than 2 consecutive terms as a voting member of the Committee. (C) Extension The Chair may extend the term of office of a voting member of the Committee by not more than 1 year. (D) Partial term A member that is appointed to a partial or full term on the Committee may be reappointed for 1 additional full term as a member on the Committee. (6) Nominations Not less frequently than once each year, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee. (c) Committees; working groups (1) In general At the direction of the Secretary, the Chief of the National Center may establish committees or working groups to provide input on the science priorities, implementation of science programs, review of competitive and noncompetitive proposals, and evaluation of processes, procedures, and outcomes of the National Center and the Regional Centers. (2) Members A committee or working group established under paragraph (1) shall, to the extent practicable, include members from the Federal Government, State government, institutions of higher education, the private sector, nongovernmental organizations, Indian Tribes, Tribal organizations, and Native Hawaiian organizations. (3) Public participation The Secretary may establish procedures to facilitate public participation in the advisory process under this subsection, including— (A) providing advance notice of meetings; (B) providing adequate opportunity for public input and comment; (C) maintaining appropriate records; and (D) making a record of the proceedings of meetings available for public inspection. (4) Implementation; availability of records The Secretary shall ensure that— (A) the procedures described in paragraph (3) are adopted and implemented; and (B) the records described in paragraph (3) are accurately maintained and available for public inspection. (5) Nonapplicability of FACA (A) In general A committee or working group established under paragraph (1) shall not be considered to be an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.). (B) Advice Seeking advice and input under paragraph (1) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 7. Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this Act— (1) $97,000,000 for fiscal year 2023; (2) $109,000,000 for fiscal year 2024; (3) $121,000,000 for fiscal year 2025; (4) $133,000,000 for fiscal year 2026; and (5) $145,000,000 for fiscal year 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s3621is/xml/BILLS-117s3621is.xml |
117-s-3622 | II 117th CONGRESS 2d Session S. 3622 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mr. Reed (for himself, Mr. Coons , Ms. Baldwin , Mr. Brown , Mr. Blumenthal , Ms. Klobuchar , Mrs. Gillibrand , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish an AmeriCorps Administration to carry out the national and volunteer service programs, to expand participation in such programs, and for other purposes.
1. Short title This Act may be cited as the America’s Call To Improve Opportunities Now for National Service Act or the ACTION for National Service Act . 2. Table of contents; references (a) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents; references. TITLE I—AmeriCorps Sec. 101. Establishment of AmeriCorps Administration. Sec. 102. Advisory Board. Sec. 103. Director. Sec. 104. National service educational awards. Sec. 105. Interagency working group. Sec. 106. National Service Foundation. Sec. 107. 21st Century American service outreach program. Sec. 108. Living allowance amounts. Sec. 109. Authorization of appropriations. Sec. 110. Report on matching requirements. Sec. 111. Exclusion from gross income of national service educational awards. Sec. 112. Income tax exclusion for living allowance. Sec. 113. Conforming amendments to the National and Community Service Act of 1990. Sec. 114. Conforming amendments to the Domestic Volunteer Service Act of 1973. Sec. 115. Conforming amendments to other laws. TITLE II—Civilian Climate Corps Sec. 201. Definitions. Sec. 202. Civilian climate corps. Sec. 203. Requirements for corps service projects. Sec. 204. Diverse backgrounds of participants. (b) References Except as otherwise expressly provided in this Act, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to that section or other provision of the National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. ). I AmeriCorps 101. Establishment of AmeriCorps Administration (a) In general Section 191 ( 42 U.S.C. 12651 ) is amended— (1) by striking a Corporation for National and Community Service and inserting an AmeriCorps Administration ; and (2) by striking The Corporation shall be a Government corporation, as defined in section 103 and inserting The Administration shall be an Executive department, as defined in section 101. . (b) Conforming amendment Section 101 of title 5, United States Code, is amended by adding at the end the following: The AmeriCorps Administration. . 102. Advisory Board (a) Appointment and terms Section 192 ( 42 U.S.C. 12651a ) is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) Advisory Board (A) Initial board members (i) Board of Directors members electing to serve There shall be in the Administration an Advisory Board initially composed of the voting members of the Board of Directors of the Corporation for National and Community Service (as in existence the day before the date of enactment of the ACTION for National Service Act ) who elect to serve on the Advisory Board. (ii) Appointed initial members If fewer than seven members of the Board of Directors elect to serve, the Administrator shall appoint additional members to achieve a total of seven members of the Advisory Board, to serve for the term of their predecessors. For purposes of this section, members appointed under this clause shall be treated as if they had been voting members described in clause (i). (iii) Board of seven members After the expiration of the terms of the members described in clauses (i) and (ii), and the seven appointments set forth in subparagraph (B), the Advisory Board shall be composed of seven members. (B) Appointment of replacement members Upon the expiration of the term of any of the first seven members of the Advisory Board whose term shall expire, a new member of the Advisory Board shall be appointed as follows: (i) The first three members shall be appointed by the President, and shall include— (I) an individual not younger than 18 or older than 25 who— (aa) has served in a school-based or community-based service-learning program; or (bb) is or was a participant or a supervisor in a program; and (II) an individual who— (aa) is age 55 or older; and (bb) has served in the National Senior Service Corps, in a program carried out under title II of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 5000 et seq. ) or served in a service-based or community-based program under subtitle B of title I. (ii) The next member shall be appointed by the Speaker of the House of Representatives. (iii) The next member shall be appointed by the minority leader of the House of Representatives. (iv) The next member shall be appointed by the majority leader of the Senate. (v) The next member shall be appointed by the minority leader of the Senate. (C) Expiration of the term of remaining initial members Upon the expiration of the terms on the Advisory Board of the remaining members (after the first seven) who served on the Board of Directors of the Corporation for National and Community Service (as in effect the day before the date of enactment of the ACTION for National Service Act ), no new members shall be appointed to replace those remaining members. ; and (B) in paragraph (2)(D), by striking the Board and inserting the Advisory Board (referred to in this subtitle as the Board ) ; and (2) by striking subsections (c), (d), and (e) and inserting the following: (c) Terms Members appointed in accordance with any of clauses (i) through (v) of subsection (a)(1)(B) or under subsection (d) shall serve for a term of 5 years. (d) Appointment of new members and vacancies When the term of a member appointed in accordance with any of clauses (i) through (v) of subsection (a)(1)(B) expires, or if a vacancy occurs on the Advisory Board, a new member shall be appointed by the appointing individual and in the manner described in that clause, and, in the case of a vacancy, shall serve for the remainder of the term for which the predecessor of such member was appointed. The vacancy shall not affect the power of the remaining members to execute the duties of the Board. . (b) Meetings and duties Section 192A ( 42 U.S.C. 12651b ) is amended— (1) in subsection (a), by striking 3 times each year and inserting four times each year, with one of the four meetings being an annual meeting to review the Administration’s long-term and strategic goals, ; and (2) by striking subsections (e), (f), and (g) and inserting the following: (e) Advisory duties The Board shall have responsibility for making recommendations to the Director concerning the programs and activities of the Administration and the overall policy for the Administration and shall— (1) advise the Director with respect to policies, programs, and procedures for carrying out the Director’s functions, duties, or responsibilities under this Act; (2) advise the Director on establishing requirements and criteria for qualifying service programs, and on monitoring and evaluating the performance of personnel in carrying out programs and activities; (3) make recommendations regarding priorities for the applications for service programs submitted for approval under this Act; (4) review and make recommendations to the Director— (A) with respect to any grants, allotments, contracts, financial assistance, or other payment of the Administration; and (B) regarding the regulations, standards, policies, procedures, programs, and initiatives of the Administration; (5) review, and advise the Director regarding, the actions of the Director with respect to the personnel of the Administration, and with respect to such standards, policies, procedures, programs, and initiatives as are necessary or appropriate to carry out the programs and activities of the Administration, including those carried out under the national service laws on the day before the date of enactment of the ACTION for National Service Act ; (6) make recommendations relating to a program of research for the Administration with respect to national and community service programs; (7) ensure effective dissemination of information regarding the programs and activities of the Administration; (8) prepare and make recommendations to the Director and the appropriate committees of Congress for changes in the national service laws resulting from the studies and demonstrations conducted by the Administration, which recommendations shall be submitted to the Director and the appropriate committees of Congress not later than January 1 of each year; (9) make recommendations to the Director on candidates to serve on the Board of the National Service Foundation described in section 199P; and (10) advise on such other matters as the Director may request. . 103. Director (a) Appointment Section 193(a) ( 42 U.S.C. 12651c ) is amended— (1) by striking an individual who shall serve as Chief Executive Officer of the Corporation, and and inserting a Director, ; and (2) by adding at the end the following: and who shall hold the same rank and status as the head of an executive department listed in section 101 of title 5, United States Code. . (b) Duties Section 193A(b) ( 42 U.S.C. 12651d(b) ) is amended— (1) in paragraph (24), by striking and at the end; (2) in paragraph (25) by striking the period and inserting ; and ; and (3) by adding at the end the following: (26) notwithstanding any other provision of law— (A) make grants to or contracts with Federal and other public departments or agencies, and private nonprofit organizations, for the assignment or referral of volunteers under the provisions of title I of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4951 et seq. ) (except as provided in section 108 of such Act ( 42 U.S.C. 4958 )), which may provide that the agency or organization shall pay all or a part of the costs of the program; and (B) enter into agreements with other Federal agencies or private nonprofit organizations for the support of programs under the national service laws, which— (i) may provide that the agency or organization shall pay all or a part of the costs of the program, except as is provided in section 121(b); and (ii) shall provide that the program (including any program operated by another Federal agency) will comply with all requirements related to evaluation, performance, and other goals applicable to similar programs under the national service laws, as determined by the Administration. . (c) Initial Director The Chief Executive Officer of the Corporation for National and Community Service (as in existence the day before the date of enactment of this Act) may serve as the initial Director of the AmeriCorps Administration. 104. National service educational awards Section 147(a) ( 42 U.S.C. 12603(a) ) is amended— (1) by striking Except as provided and inserting the following: (1) In general Except as provided ; (2) by striking shall receive a national service educational award and all that follows through appropriations) and inserting shall be entitled to a national service educational award equal to the award amount specified in paragraph (2) ; and (3) by adding at the end the following: (2) Award amount The award referred to in paragraph (1), payable to an individual described in such paragraph, shall be in an amount that is equal to twice the amount of the national average of the yearly cost for in-State tuition and fees at public, 4-year institutions of higher education, for the award year for which the national service position is approved by the Administration. (3) Definition In this subsection, the term institution of higher education has the meaning given the term in section 148(h). . 105. Interagency working group The Director of the AmeriCorps Administration, using funds made available under section 501(a)(5) of the National and Community Service Act of 1990 ( 42 U.S.C. 12681(a)(5) ), shall establish an interagency working group to— (1) evaluate and make recommendations regarding a process for evaluating the eligibility, for national service educational awards, of individuals who have participated in national service programs that are not administered under this Act but are described in section 123(2) of that Act ( 42 U.S.C. 12573(2) ); (2) evaluate the feasibility and advisability of granting Federal hiring preference under chapter 33 of title 5, United States Code, to an individual who has completed a term of service in an approved national service position equivalent in duration to the term described in section 139(b)(1) and is entitled to the award authorized under section 147(a)(2) of that Act (as amended by section 6 of this Act) for that service; and (3) not later than 12 months after the date of enactment of this Act, prepare and submit to Congress a report containing the results of the evaluations described in paragraphs (1) and (2). 106. National Service Foundation (a) Elimination of current authority for donations of property Section 196(a) ( 42 U.S.C. 12651g(a) ) is amended— (1) by striking paragraph (2); (2) by redesignating clause (iii) of paragraph (1)(C) as paragraph (2); and (3) in paragraph (2), as redesignated by paragraph (2) of this subsection, by striking all that precedes this term and inserting the following: (2) Inherently governmental function As used in this subsection, . (b) Foundation Title I ( 42 U.S.C. 12511 et seq. ) is further amended by adding at the end the following new subtitle: K National Service Foundation 199P. National Service Foundation (a) Establishment In order to encourage private gifts of real and personal property or any income from that property or other interest in that property for the benefit of, or in connection with, the Administration, and its activities, services, or former participants, and through those gifts to further the mission and purpose of the Administration and to provide greater opportunities for volunteer service, there is established a charitable and nonprofit corporation to be known as the National Service Foundation (referred to in this subtitle as the Foundation ) to accept and administer such gifts. (b) Board of the Foundation (1) In general The National Service Foundation shall consist of a Board of the Foundation, having as members the Director of the Administration, as an ex officio, nonvoting member, and not less than six individuals, who are not officers or employees of the Federal Government, appointed by the Director after considering the recommendations of the Advisory Board described in section 192. (2) Terms (A) Initial members The terms of the initial members of the Board of the Foundation shall be staggered to assure continuity of administration. (B) Subsequent members A subsequent member shall serve for a term of 6 years. (C) Vacancies If a vacancy occurs on the Board of the Foundation, a new member shall be appointed by the Director and serve for the remainder of the term for which the predecessor of such member was appointed. The vacancy shall not affect the power of the remaining members to execute the duties of the Board of the Foundation. (3) Chairman The Director shall be the Chairman of the Board of the Foundation. (4) Status Members and staff of the Board of the Foundation shall not be considered to be officers or employees of the Federal Government. (5) Quorum A majority of the members of the Board of the Foundation serving at any one time shall constitute a quorum for the transaction of business, and the Foundation shall have an official seal, which shall be judicially noticed. (6) Meetings The Board of the Foundation shall meet at the call of the Chairman, and not less often than once each year. (7) Compensation and travel expenses (A) Compensation A member of the Board of the Foundation shall serve without compensation. Notwithstanding section 1342 of title 31, United States Code, the Board may accept and use voluntary and uncompensated services as the Commission determines necessary. (B) Travel expenses A member of the Board shall be allowed travel expenses (out of Foundation funds), 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 member's home or regular places of business in the performance of services for the Board. (c) Authorization To accept and use gifts and bequests The Foundation is authorized to accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust of real or personal property or any income from the property or other interest in the property for the benefit of or in connection with, the Administration, its activities, or its services. The Foundation may not accept any such gift, devise, or bequest that entails any expenditure other than from the resources of the Foundation. An interest in such real property includes, among other things, easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. A gift, devise, or bequest relating to property may be accepted by the Foundation even though the property is encumbered, restricted, or subject to beneficial interests of private persons, if any current or future interest in the property is for the benefit of the Administration, its activities, or its services. (d) Use of funds, investment (1) In general Except as otherwise required by the instrument of transfer to the Foundation, the Foundation may sell, lease, invest, reinvest, retain, or otherwise dispose of or deal with any property transferred to the Foundation or income from the property as the Board of the Foundation may from time to time determine to be appropriate. The Foundation shall not engage in any business, nor shall the Foundation make any investment, that may not lawfully be engaged in or made by a trust company in the District of Columbia, except that the Foundation may make any investment authorized by the instrument of transfer, and may retain any property accepted by the Foundation. (2) Services and facilities The Foundation may utilize the services and facilities of the Administration, and such services and facilities may be made available on request to the extent practicable without reimbursement. (e) Succession, liability, and powers (1) Succession The Foundation shall have perpetual succession, with all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name. (2) Liability Notwithstanding paragraph (1), the members of the Board of the Foundation shall not be personally liable for acts or omissions related to the Foundation, except for malfeasance. (3) Powers The Foundation shall have the power to enter into contracts, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes. (f) Bylaws In carrying out the provisions of this Act, the Board of the Foundation may adopt bylaws, rules, and regulations necessary for the administration of its functions and enter into contracts for any necessary services. (g) Tax exempt status (1) In general The Foundation and any income or property received or owned by it, and all transactions relating to such income or property, shall be exempt from all Federal, State, and local taxation. (2) Contributions to local government The Foundation may, however, in the discretion of the Board of the Foundation— (A) contribute toward the costs of local government in amounts not in excess of those costs that it would be obligated to pay such government if it were not exempt from taxation because of this subsection or because of its status as a charitable and nonprofit corporation; and (B) agree to so contribute property transferred to the Foundation and the income derived from the property if such agreement is a condition of the transfer. (3) Use of the United States Contributions, gifts, and other transfers made to or for the use of the Foundation shall be regarded as contributions, gifts, or transfers to or for the use of the United States. (h) Nonliability of United States The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation. (i) Reports The Foundation shall, as soon as practicable after the end of each fiscal year, prepare and submit to Congress an annual report on its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments. (j) Initial Funding For the purposes of assisting the Foundation in establishing an office and meeting initial administrative, project, and other startup expenses, there is authorized to be appropriated $2,500,000 for fiscal year 2022. Such funds shall remain available to the Foundation until they are expended for authorized purposes. . 107. 21st Century American service outreach program Subtitle F of title I ( 42 U.S.C. 12631 et seq. ) is amended by adding at the end the following: 189E. 21st Century American service outreach program (a) Definitions In this section: (1) Covered individual The term covered individual means an individual who is not younger than age 17 or older than age 30. (2) National service program The term national service program means a program under— (A) the National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. ); or (B) title I of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4951 et seq. ). (b) Program In order to ensure that every covered individual who may want to participate in service programs is informed of the opportunities to participate, the Administration shall— (1) determine how the Administration will work with, and then work with, Federal or State agencies and other entities to— (A) contact each covered individual upon such individual's 17th birthday to notify the individual about— (i) the individual's eligibility to participate in national service programs; (ii) the national service programs and how to apply for a specific program; (iii) other service programs for which the individual may be eligible, including service with the Peace Corps (as established by the Peace Corps Act ( 22 U.S.C. 2501 et seq. )) and military service; and (iv) the individual's option to opt out of receiving any notifications, or just notifications in a paper format, under this paragraph; and (B) after contacting a covered individual under subparagraph (A), notify the individual every 2 years thereafter of the information described in clauses (i) through (iv) of subparagraph (A), unless— (i) the individual is serving in a national service program or other program described in subparagraph (A); or (ii) the individual has opted out of receiving such notifications under subparagraph (A)(iv); (2) determine how the Administration will enable covered individuals to, and then enable eligible individuals to, apply for a specific national service program and ensure that such application process is the most effective process for the purpose of applying for such a program; and (3) develop a long-term strategy to gradually increase the number of opportunities in national service programs so that any covered individual who applies to and is eligible to participate in a national service program will be offered at least one service position. . 108. Living allowance amounts (a) Domestic Volunteer Service Act of 1973 Section 105(b) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4955(b)(2) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by striking 95 percent and inserting 175 percent ; and (B) in subparagraph (B), by striking 105 percent and inserting 210 percent ; and (2) by adding at the end the following: (4) (A) A stipend or allowance under this subsection shall not be increased as a result of amendments made by the ACTION for National Service Act , or any other amendment made to this subsection unless the funds appropriated for carrying out this part are sufficient to maintain for the fiscal year in question a number of participants to serve under this part at least equal to the number of such participants serving during the preceding fiscal year. (B) In the event that sufficient appropriations for any fiscal year are not available to increase any such stipend or allowance provided to the minimum amount specified in paragraph (2), the Director shall increase the stipend or allowance to such amount as appropriations for such year permit consistent with subparagraph (A). . (b) National and Community Service Act of 1990 (1) National Civilian Community Corps living allowances Section 158(b) ( 42 U.S.C. 12618(b) ) is amended— (A) by striking The Director the first place it appears and inserting the following: (1) In general The Director ; (B) by striking 100 percent and inserting 200 percent ; and (C) by adding at the end the following: (2) Increases limited by appropriations (A) Limit on increases An allowance under this subsection or section 140 shall not be increased as a result of amendments made by the ACTION for National Service Act , or any other amendment made to this subsection or section 140, respectively, unless the funds appropriated for carrying out this subtitle or subtitle C, respectively, are sufficient to maintain for the fiscal year in question a number of participants to serve under this subtitle or subtitle C, respectively, at least equal to the number of such participants serving during the preceding fiscal year. (B) Partial increase In the event that sufficient appropriations for any fiscal year are not available to increase an allowance under this subsection above the amount provided for fiscal year 2021 or under section 140 to the minimum amount specified in section 140, respectively, the Director shall increase the allowance to such amount as appropriations for such year permit consistent with subparagraph (A). . (2) Grants Section 189 ( 42 U.S.C. 12645c ) is amended— (A) in subsection (a), by striking $18,000 and inserting $30,000 ; (B) in subsection (e)(1), by striking $19,500 and inserting $39,000 ; and (C) by adding at the end the following: (f) Insufficient appropriations Notwithstanding the increased limitation on grant amounts per full-time equivalent position described in subsection (a) and the increased limitation described in subsection (e)(1) as a result of amendments made by the ACTION for National Service Act , or any other amendment made to this section, the amount of funds per full-time equivalent position approved by the Administration for a grant, as described in those subsections, shall not be increased unless the funds appropriated for carrying out this subtitle are sufficient to make such increase while maintaining for the fiscal year in question a number of approved national service positions at least equal to the number of such positions during the preceding fiscal year. . 109. Authorization of appropriations Section 501 ( 42 U.S.C. 12681 ) is amended— (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) Subtitles C and D (A) Subtitle C There are authorized to be appropriated for each of fiscal years 2022 through fiscal year 2031, such sums as may be necessary to provide financial assistance under subtitle C of title I for the number of participants in programs and activities under subtitle C for fiscal year 2021. (B) Subtitle D There are authorized to be appropriated, and there are appropriated, for fiscal year 2022 and each subsequent fiscal year, such sums as may be necessary to provide national service educational awards under subtitle D of title I for the number of participants for whom the Administration recorded an obligation under section 149(a)(1)(B) for fiscal year 2021. ; (B) in paragraph (6), by striking subsection (b) and inserting subsection (c) ; and (C) by adding at the end the following: (7) Subtitle K There are authorized to be appropriated such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year to carry out subtitle K of title I. ; (2) by redesignating subsection (b) as subsection (c); and (3) by adding after subsection (a) the following: (b) Additional authorization of appropriations (1) Authorization There is authorized to be appropriated to the Administration to carry out its programs and functions, including the programs and activities carried out under this Act and the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4950 et seq. ), such additional sums as may be necessary to achieve the goal set forth in paragraph (2). (2) Ten-year goal It is the sense of Congress that sums appropriated under paragraph (1) should be sufficient to provide or facilitate the provision of national service programs and activities under the national service laws (in addition to programs and activities funded under subsection (a) for fiscal year 2022) for not fewer than 1,000,000 participants per year by September 30, 2031. (3) Plan for approved national service positions The Administration shall— (A) prepare a plan to— (i) establish the number of the approved national service positions as 250,000 for fiscal year 2022; and (ii) increase the number of the approved positions in each fiscal year through fiscal year 2031, so that the number of approved positions in fiscal year 2031 is sufficient to support the goal in paragraph (2); (B) ensure that the increases described in subparagraph (A)(ii) are achieved through an appropriate balance of full- and part-time service positions; (C) not later than 1 year after the date of enactment of the ACTION for National Service Act , submit a report to the authorizing committees on the status of the plan described in subparagraph (A); (D) not later than 8 years after the date of enactment of the ACTION for National Service Act , submit a report to the authorizing committees on the progress of the Administration towards the goal described in paragraph (2), and the potential for exceeding that goal in fiscal year 2031 and beyond; and (E) subject to the availability of appropriations and quality service opportunities, implement the plan described in subparagraph (A). . 110. Report on matching requirements Not later than 90 days after the date of enactment of this Act, the Director of the AmeriCorps Administration shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report on any recommendations for changes needed to matching funds or share requirements for recipients of funding for programs under the AmeriCorps Administration to achieve the 10-year goal described in section 501(b)(2) of the National and Community Service Act of 1990 ( 42 U.S.C. 12681(b)(2) ) and increase the number of national service programs, activities, and participants, in underserved communities. 111. Exclusion from gross income of national service educational awards (a) In general Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following new subsection: (e) National service educational awards Gross income shall not include any amounts for payments specified in section 145(c) of the National and Community Service Act of 1990. . (b) Exclusion of discharge of student loan debt Subsection (f) of section 108 of such Code is amended by adding at the end the following new paragraph: (6) Payments under national service educational award programs In the case of an individual, gross income shall not include any amount received a national service educational award under subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ). . (c) Effective Date The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. 112. Income tax exclusion for living allowance (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: 139J. Living allowance for national service participants Gross income does not include the amount of any living allowance provided under section 140 of the National and Community Service Act of 1990. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 140 the following new item: Sec. 139J. Living allowance for national service participants. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 113. Conforming amendments to the National and Community Service Act of 1990 (a) Definitions Section 101 ( 42 U.S.C. 12511 ) is amended— (1) by striking paragraph (9) and inserting the following: (9) Director The term Director means the Director of the AmeriCorps Administration appointed under section 193. ; (2) by striking paragraph (12) and inserting the following: (12) Administration The term Administration means the AmeriCorps Administration established under section 191. ; (3) by redesignating paragraphs (12), (1) through (8), (10), (11), and (9) as paragraphs (1) through (12), respectively; and (4) by transferring the redesignated paragraphs so the paragraphs appear in numerical order. (b) Service-Learning Programs (1) Section 113(a) ( 42 U.S.C. 12525(a) ), section 114(c) ( 42 U.S.C. 12526(c) ), and section 116(a) ( 42 U.S.C. 12528(a) ) are amended, in the subsection headings, by striking Corporation and inserting Administration . (2) Section 116(a)(2) ( 42 U.S.C. 12528(a)(2) ) is amended, in the paragraph heading, by striking Noncorporation and inserting Nonadministration . (c) National Service Trust Program (1) Section 121 is amended— (A) in subsection (e)(5)(B) ( 42 U.S.C. 12571(e)(5)(B) ), in the subparagraph heading, by striking Corporation and inserting Administration ; and (B) by striking subsection (f). (2) Section 122 ( 42 U.S.C. 12572 ) is amended— (A) in subsection (d)(1), in the paragraph heading, by striking corporation and inserting administration ; and (B) in subsection (f)(1)(A)— (i) in the subparagraph heading, by striking corporation and inserting administration ; and (ii) by striking the strategic plan approved under section 192A(g)(1,) and inserting the strategic plan recommended by the Board . (3) Section 129A(b) ( 42 U.S.C. 12581a(b) ) and section 131(f) ( 42 U.S.C. 12583(f) ) are amended, in the subsection headings, by striking Corporation and inserting Administration . (d) National Service Trust Section 145 ( 42 U.S.C. 12601 ) is amended, in subsections (a)(2) and (d)(1), by striking section 196(a)(2) and inserting section 199P . (e) National Civilian Community Corps (1) Section 159 ( 42 U.S.C. 12619 ) is amended— (A) in subsection (a)— (i) in paragraph (1), by striking , including those recommended by the Board, and inserting , after reviewing any recommendations by the Board, ; and (ii) by striking paragraph (3) and inserting the following: (3) at the election of the Director, carry out any other activities recommended by the Board. ; and (B) in subsection (b)— (i) in paragraph (1), by adding and at the end; (ii) in paragraph (2), by striking ; and and inserting a period; and (iii) by striking paragraph (3). (2) Section 165(1) ( 42 U.S.C. 12626(1) ) is amended by striking Board of Directors and inserting Advisory Board . (f) Administration (1) Section 172(b) ( 42 U.S.C. 12632(b) ) is amended, in the subsection heading, by striking Corporation and inserting Administration . (2) Section 178 ( 42 U.S.C. 12638 ) is amended— (A) in subsection (c)(3), in the paragraph heading, by striking Corporation and inserting Administration ; and (B) in subsection (j)(1), in the paragraph heading, by striking corporation and inserting administration . (g) AmeriCorps Administration (1) Subtitle G of title I ( 42 U.S.C. 12651 et seq. ) is amended by striking the subtitle heading and inserting the following: G AmeriCorps Administration . (2) Section 191 ( 42 U.S.C. 12651 ) is amended by striking the section heading and inserting the following: 191. AmeriCorps Administration . (3) Section 192 ( 42 U.S.C. 12651a ) is amended by striking the section heading and inserting the following: 192. Advisory board . (4) Section 192A ( 42 U.S.C. 12651b ) is amended by striking the section heading and inserting the following: 192A. Authorities and duties of the board . (5) Section 193 ( 42 U.S.C. 12651c ) and section 193A ( 42 U.S.C. 12651d ) are amended, in the section headings, by striking Chief Executive Officer and inserting Director . (6) Section 193A ( 42 U.S.C. 12651d ) is amended— (A) in subsection (a), by striking that are not reserved to the Board, and inserting , after reviewing any recommendations from the Board ; (B) in subsection (b)— (i) in paragraphs (1), (2)(A), (3)(A), (4)(A), and (8) by striking prepare and submit to the Board and inserting after reviewing any recommendations from the Board, prepare and submit to the authorizing committees ; (ii) in paragraph (2)(B), by striking an approved proposal under section 192A(g)(2) and inserting a proposal recommended by the Board ; (iii) in paragraph (3)(B), by striking an approved proposal under section 192A(g)(3) and inserting a proposal recommended by the Board ; (iv) in paragraph (4)(B), by striking an approved proposal under section 192A(g)(4) and inserting a plan recommended by the Board ; (v) in paragraph (7), by striking prepare and submit to the authorizing committees and the Board and inserting after reviewing any recommendations from the Board, prepare and submit to the authorizing committees ; (vi) in paragraph (9)(B)— (I) in clause (i), by striking approved by the Board under section 192A(g)(1) and inserting recommended by the Board ; (II) in clause (ii), by striking approved by the Board under paragraph (2) or (3) of section 192A(g) and inserting recommended by the Board ; and (III) in clause (iii), by striking approved by the Board under section 192A(g)(4) and inserting recommended by the Board ; (vii) in paragraph (10)(A), by striking the services referred to in paragraph (1), and the money and property referred to in paragraph (2), of section 196(a) and inserting the services referred to in section 196(a)(1), and the money and property referred to in section 199P, ; (viii) in paragraph (11), by striking prepare and submit to the Board periodically, and inserting , after reviewing any recommendations from the Board, periodically prepare and submit to the authorizing committees ; and (ix) in paragraph (12)— (I) by striking members of the Board and ; (II) by striking each member of the Board and ; and (III) by striking such member of the Board or ; and (C) in subsection (d), by striking paragraph (3). (7) Section 195 ( 42 U.S.C. 12651f ) is amended— (A) in subsection (c), in the subsection heading, by striking Corporation and inserting Administration ; and (B) in subsection (f)(1), by striking The Chief Executive Officer, acting upon the recommendation of the Board, may establish advisory committees in the Corporation to advise the Board and inserting The Director may establish advisory committees in the Administration to advise the Director . (8) Sections 196A ( 42 U.S.C. 12651h ) and 198 ( 42 U.S.C. 12653 ) are amended in the section headings by striking Corporation and inserting Administration . (h) Investment for quality and innovation Part I of subtitle H of title I ( 42 U.S.C. 12653 et seq. ) is amended by striking the part heading and inserting the following: I Additional Administration Activities To Support National Service . (i) Authorization of appropriations Section 501(a)(5)(B) ( 42 U.S.C. 12681(a)(5)(B) ) is amended, in the subparagraph heading, by striking Corporation and inserting Administration . (j) Global references to Corporation Except in section 101(21)(A)(ii), section 132(b), or section 601(b) of the National and Community Service Act of 1990 ( 42 U.S.C. 12511(21)(A)(ii) , 12584(b)), and except as provided in the table of contents or any heading of the Act, the Act is amended by striking Corporation each place it appears and inserting Administration . (k) Global references to Chief Executive Officer Except as provided in the table of contents or any heading of the National and Community Service Act of 1990, the Act is amended by striking Chief Executive Officer each place it appears and inserting Director . (l) Table of contents The table of contents in section 1(b) ( 42 U.S.C. 12501 note) is amended— (1) in the items relating to subtitle G of title I— (A) by striking the item relating to the subtitle heading for subtitle G and inserting the following: Subtitle G—AmeriCorps Administration ; (B) by striking the item relating to section 191 and inserting the following: Sec. 191. AmeriCorps Administration. ; (C) by striking the item relating to section 193 and inserting the following: Sec. 193. Director. ; (D) by striking the item relating to section 193A and inserting the following: Sec. 193A. Authorities and duties of the Director. ; and (E) by striking the item relating to section 196A and inserting the following: Sec. 196A. Administration State offices. ; (2) in the items relating to part I of subtitle H of title I— (A) by striking the item relating to the part heading and inserting the following: Part I—Additional Administration Activities To Support National Service ; and (B) by striking the item relating to section 198 and inserting the following: Sec. 198. Additional Administration activities to support national service. ; and (3) in the items relating to title I, by adding at the end the following: Subtitle K—National Service Foundation Sec. 199P. National Service Foundation. . 114. Conforming amendments to the Domestic Volunteer Service Act of 1973 (a) Definitions Section 421 of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 5061 ) is amended— (1) by striking paragraph (1) and inserting the following: (1) the term Director means the Director of the AmeriCorps Administration appointed under section 193 of the National and Community Service Act of 1990; ; (2) by striking paragraph (7) and inserting the following: (7) the term Administration means the AmeriCorps Administration established under section 191 of the National and Community Service Act of 1990; ; (3) by redesignating paragraphs (7), (20), (1), (8), (9), (10), (11), (13), (12), (3), (4), (6), (5), (14), (15), (16), (17), (2), (18), and (19) as paragraphs (1) through (20), respectively; and (4) transferring such redesignated paragraphs so that the paragraphs appear in numerical order. (b) References to names The Domestic Volunteer Service Act of 1973 is amended— (1) in section 2(b) ( 42 U.S.C. 4950(b) ), by striking Corporation for National and Community Service and inserting Director of the AmeriCorps Administration ; (2) except as provided in subsection (a) and paragraph (1) of this subsection, by striking Corporation each place it appears and inserting Administration ; and (3) in section 201(h) ( 42 U.S.C. 5001(h) ), by striking Chief Executive Officer and inserting Director . 115. Conforming amendments to other laws (a) Civil service retirement Chapter 83 of title 5, United States Code, is amended— (1) in section 8332(j)(1), by striking Chief Executive Officer of the Corporation for National and Community Service and inserting Director of the AmeriCorps Administration ; and (2) in section 8334(l)(3), by striking Chief Executive Officer of the Corporation for National and Community Service and inserting Director of the AmeriCorps Administration . (b) Federal employees' retirement system Section 8422(f)(3) of title 5, United States Code, is amended by striking Chief Executive Officer of the Corporation for National and Community Service and inserting Director of the AmeriCorps Administration . (c) Inspector general act of 1978 The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8F— (A) by striking the title and inserting the following: 8F. Special provisions concerning the americorps administration ; (B) by striking Corporation for National and Community Service each place it appears and inserting AmeriCorps Administration ; (C) by striking Chief Executive Officer each place it appears and inserting Director ; (D) in subsection (b), by striking such Corporation. and inserting such Administration. ; (E) in subsection (c), by striking the Corporation shall and inserting the Administration shall ; and (F) in subsection (d), by striking the Corporation, and inserting the Administration, ; and (2) in section 12— (A) in paragraph (1), by striking Chief Executive Officer of the Corporation for National and Community Service and inserting Director of the AmeriCorps Administration ; and (B) in paragraph (2), by striking Corporation for National and Community Service and inserting AmeriCorps Administration . (d) Homeland security act of 2002 Section 509(b)(2)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 319(b)(2)(A) ) is amended by striking Corporation for National and Community Service and inserting AmeriCorps Administration . (e) Volunteers in the National Forests Act of 1972 Section 1 of the Volunteers in the National Forests Act of 1972 ( 16 U.S.C. 558a ) is amended by striking Corporation for National and Community Service and inserting AmeriCorps Administration . (f) Public Lands Corps of 1993 Section 209 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1727a ) is amended by striking Chief Executive Officer of the Corporation for National and Community Service each place it appears and inserting Director of the AmeriCorps Administration . (g) Museum and Library Services Act Section 204(g) of the Museum and Library Services Act ( 20 U.S.C. 9103(g) ) is amended by striking Chief Executive Officer of the Corporation for National and Community Service and inserting Director of the AmeriCorps Administration . (h) Indian Financing Act of 1974 Section 502 of the Indian Financing Act of 1974 ( 25 U.S.C. 1542 ) is amended by striking ACTION and inserting the AmeriCorps Administration . (i) Government corporations Section 9101 of title 31, United States Code, is amended by striking Corporation for National and Community Service and inserting AmeriCorps Administration . (j) Juvenile Justice and Delinquency Prevention Act of 1974 Section 206 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11116 ) is amended by striking Chief Executive Officer of the Corporation for National and Community Service and inserting Director of the AmeriCorps Administration . (k) Patient protection and affordable care act Section 4001(c)(12) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 300u–10(c)(12) ) is amended by striking the Chairman of the Corporation for National and Community Service and inserting the Director of the AmeriCorps Administration . (l) Property management Section 550(g) of title 40, United States Code, is amended— (1) in paragraph (1), by striking Chief Executive Officer of the Corporation for National and Community Service and inserting Director of the AmeriCorps Administration ; and (2) except as provided in paragraph (1), by striking Chief Executive Officer each place it appears and inserting Director . (m) Social Security Act The Social Security Act ( 42 U.S.C. 301 et seq. ) is amended— (1) in section 1612(b)(25) ( 42 U.S.C. 1382a(b)(25) ), by striking Corporation for National and Community Service and inserting AmeriCorps Administration ; and (2) in section 2056(b)(2)(J) ( 42 U.S.C. 1397n–5(b)(2)(J) ), by striking Corporation for National and Community Service and inserting AmeriCorps Administration . (n) Older Americans Act of 1965 The Older Americans Act of 1965 is amended— (1) in section 202(c) ( 42 U.S.C. 3012(c) ), in the matter preceding paragraph (1), by striking Chief Executive Officer of the Corporation for National and Community Service and inserting Director of the AmeriCorps Administration ; (2) in section 203(a)(1) ( 42 U.S.C. 3013(a)(1) ), by striking Corporation for National and Community Service and inserting AmeriCorps Administration ; (3) in section 301(a)(2)(F) ( 42 U.S.C. 3021(a)(2)(F) ), by striking Corporation for National and Community Service and inserting AmeriCorps Administration ; (4) in section 306(a)(6)(C)(iii) ( 42 U.S.C. 3026(a)(6)(C)(iii) ), by striking Corporation for National and Community Service and inserting AmeriCorps Administration ; and (5) in section 373(d) ( 42 U.S.C. 3030s–1(d) ), by striking Corporation for National and Community Service and inserting AmeriCorps Administration . (o) McKinney-Vento Homeless Assistance Act Section 202(a)(12) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11312(a)(12) ) is amended— (1) by striking Corporation for National and Community Service and inserting AmeriCorps Administration ; and (2) by striking Chief Executive Officer each place it appears and inserting Director . (p) Anti-Drug Abuse Act of 1988 Section 3601(5) of the Anti-Drug Abuse Act of 1988 ( 42 U.S.C. 11851(5) ) is amended by striking Chief Executive Officer of the Corporation for National and Community Service and inserting Director of the AmeriCorps Administration . (q) Claude Pepper Young Americans Act of 1990 Section 916(b) of the Claude Pepper Young Americans Act of 1990 ( 42 U.S.C. 12312(b) ) is amended by striking Chief Executive Officer of the Corporation for National and Community Service and inserting Director of the AmeriCorps Administration . (r) National and Community Service Trust Act of 1993 Section 205 of the National and Community Service Trust Act of 1993 ( 42 U.S.C. 12682 ) is amended by striking Corporation for National and Community Service and inserting AmeriCorps Administration . (s) Continuing Appropriations Resolution, 2007 Section 20638 of the Continuing Appropriations Resolution, 2007 ( 42 U.S.C. 12651i ) is amended— (1) by striking Corporation for National and Community Service the second, third, and fourth places it appears and inserting AmeriCorps Administration ; and (2) by striking Chief Executive Officer each place it appears and inserting Director . (t) References Any reference in any other Federal law, Executive order, rule, regulation, delegation of authority, or document to— (1) the Corporation for National and Community Service is deemed to refer to the AmeriCorps Administration; and (2) the Chief Executive Officer of the Corporation for National and Community Service is deemed to refer to the Director of the AmeriCorps Administration. II Civilian Climate Corps 201. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committees on Appropriations, Energy and Natural Resources, Agriculture, Nutrition, and Forestry, and Health, Education, Labor, and Pensions of the Senate; and (B) the Committees on Appropriations, Natural Resources, Agriculture, and Education and Labor of the House of Representatives. (2) Corps The term Corps means the Civilian Climate Corps established under section 202(a). (3) Director The term Director means the Director of the AmeriCorps Administration appointed under section 193 of the National and Community Service Act of 1990. (4) Disproportionately impacted community The term disproportionately impacted community means a community with significant representation from 1 or more communities of color, low-income communities, or Tribal and Native American communities, that experiences, or is at greater risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities, from climate change. (5) Qualified youth service or conservation corps The term qualified youth service or conservation corps means— (A) a corps that carries out a program authorized under— (i) the National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. ); (ii) title I of the Act entitled An Act to establish a pilot program in the Departments of the Interior and Agriculture designated as the Youth Conservation Corps, and for other purposes , approved August 13, 1970 (commonly known as the Youth Conservation Corps Act of 1970 ; 16 U.S.C. 1701 et seq. ); or (iii) the Public Lands Corps Act of 1993 ( 16 U.S.C. 1721 et seq. ), including the Indian Youth Service Corps authorized under section 210 of that Act ( 16 U.S.C. 1727b ); and (B) the Urban Youth Corps authorized under section 106 of the National and Community Service Trust Act of 1993 ( 42 U.S.C. 12656 ). (6) Secretaries The term Secretaries means the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Labor, acting jointly. (7) Tribal or native american community The term Tribal or Native American community means a population of people who are members of— (A) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (B) an urban Indian (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) community; (C) a Native Hawaiian (as defined in section 815 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992c )) community; or (D) a Native American Pacific Islander (as defined in section 815 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992c )) community. 202. Civilian climate corps (a) Establishment The Secretaries and the Director, in coordination with the Secretary of Transportation, the Secretary of Housing and Urban Development, the Secretary of Energy, the Secretary of Commerce, the Secretary of Health and Human Services, the Director of the Office of Management and Budget, the Administrator of the Environmental Protection Agency, and the heads of other relevant Federal agencies, shall enter into an interagency agreement establishing a Civilian Climate Corps and service projects for the Corps, to be operated by the Director, in accordance with the National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. ) and the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4950 et seq. ). The service projects shall be carried out using funds available under those Acts and any funds made available pursuant to an interagency agreement authorized by section 121(b)(1) of the National and Community Service Act of 1990 ( 42 U.S.C. 12571(b)(1) ). (b) Consultation The Secretaries and the Director shall consult with the National Association of Service and Conservation Corps and other relevant national service organizations for the purpose of identifying appropriate projects, activities, and workforce development outcomes for the Corps. (c) Report Not later than 60 days after the date of enactment of this Act, the Secretaries, in coordination with the Secretary of Transportation, the Secretary of Housing and Urban Development, the Secretary of Energy, the Secretary of Commerce, the Secretary of Health and Human Services, the Director, the Director of the Office of Management and Budget, the Administrator of the Environmental Protection Agency, and the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a report that describes— (1) the proposed number of Corps members; and (2) the recommended amount of funding for the service projects of the Corps for each of fiscal years 2022 through 2025. 203. Requirements for corps service projects In carrying out a service project through the Corps, the Director, in coordination with the Secretaries, shall— (1) (A) prioritize efforts to assist a disproportionately impacted community; or (B) ensure the service project is carried out in partnership with a qualified youth service or conservation corps; (2) ensure that the service project is, as relevant, coordinated with Tribal and Native American communities to protect natural cultural resources; and (3) accomplish 1 or more of the following objectives: (A) Conserving, monitoring, and restoring public land and water to help mitigate and adapt to climate change. (B) Addressing the needs of frontline communities experiencing the worst effects of climate change. (C) Building resilience to climate change through nature-based solutions, such as living shorelines, wetlands, green stormwater infrastructure, and sustainable forest management, to appropriately manage natural systems that buffer human communities from environmental harm. (D) Assisting natural disaster-prone communities and disproportionately impacted communities by replacing aging infrastructure with climate-ready upgrades, such as improved stream crossings and community facilities and housing with enhanced energy efficiency. (E) Promoting traditional ecological knowledge, natural climate solutions, such as ecologically appropriate reforestation and sequestration, and techniques, such as aquaponics and regenerative practices, in the agricultural sector, to help mitigate climate change by reducing atmospheric greenhouse gas concentrations. (F) Supporting the resilience of natural systems to climate change by protecting biodiversity through targeted conservation efforts and the eradication of invasive species. (G) Increasing education of the general public on climate adaptation and mitigation, including ways in which private landowners can initiate efforts on private land that are similar to climate adaptation and mitigation efforts supported by service projects carried out by the Corps. (H) Improving access to outdoor recreation to promote a continued national appreciation for the natural environment. (I) Addressing environmental degradation in disproportionately impacted communities. (J) Supporting the resilience of agricultural and food supply systems to ensure reliable and equitable access to nutritious foods, particularly among disproportionately impacted communities. (K) Advancing the resiliency and carbon emission reductions of the entities headed by officers listed in section 202(a) through installation of small-scale clean energy equipment or facility weatherization projects on public land. (L) Addressing urban and suburban greening and revitalization, including— (i) the preservation, restoration, and expansion of open spaces; (ii) the conversion of blacktops; (iii) the installations of green roofs; and (iv) the planting of trees. 204. Diverse backgrounds of participants In selecting members for the Corps, the Director, in coordination with the Secretaries, shall ensure that— (1) members are from economically, geographically, and ethnically diverse backgrounds; and (2) veterans, individuals with disabilities, and people of various sexes, sexual orientations, and gender identities are represented. | https://www.govinfo.gov/content/pkg/BILLS-117s3622is/xml/BILLS-117s3622is.xml |
117-s-3623 | II Calendar No. 268 117th CONGRESS 2d Session S. 3623 IN THE SENATE OF THE UNITED STATES February 9, 2022 Mrs. Feinstein (for herself, Ms. Ernst , Mr. Durbin , Ms. Murkowski , Mr. Leahy , Ms. Collins , Mrs. Murray , Mrs. Capito , Mrs. Shaheen , Mr. Portman , Mr. Schatz , Mr. Cornyn , Mr. Brown , Mr. Cramer , Mr. Wyden , Mr. Tillis , Mr. Blumenthal , Mr. Moran , Mr. Manchin , Mr. Burr , Ms. Cortez Masto , and Mr. Blunt ) introduced the following bill; which was read the first time February 10, 2022 Read the second time and placed on the calendar A BILL To reauthorize the Violence Against Women Act of 1994, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Violence Against Women Act Reauthorization 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. Universal definitions and grant conditions. Sec. 3. Agency and Department Coordination. Sec. 4. Effective date. Sec. 5. Sense of Congress. Sec. 6. Severability. TITLE I—Enhancing legal tools to combat domestic violence, dating violence, sexual assault, and stalking Sec. 101. Stop grants. Sec. 102. Grants to improve the criminal justice response. Sec. 103. Legal assistance for victims. Sec. 104. Grants to support families in the justice system. Sec. 105. Outreach and services to underserved populations grants. Sec. 106. Criminal provisions. Sec. 107. Rape survivor child custody. Sec. 108. Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking. Sec. 109. Pilot program on restorative practices. TITLE II—Improving Services for Victims Sec. 201. Sexual assault services program. Sec. 202. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance program. Sec. 203. Grants for training and services to end violence against individuals with disabilities and Deaf people. Sec. 204. Training and services to end abuse in later life. Sec. 205. Abby Honold Act. Sec. 206. LGBT Specific Services Program. TITLE III—Services, Protection, and Justice for Young Victims Sec. 301. Rape prevention and education grant. Sec. 302. Creating hope through outreach, options, services, and education (CHOOSE) for children and youth. Sec. 303. Grants to combat violent crimes on campuses. Sec. 304. Study on State coverage of forensic examinations and related costs following a sexual assault. TITLE IV—Violence Reduction Practices Sec. 401. Study conducted by the Centers for Disease Control and Prevention. Sec. 402. Saving money and reducing tragedies through prevention (SMART Prevention) grants. TITLE V—Strengthening the Health Care System’s Response Sec. 501. Grants to strengthen the health care system’s response to domestic violence, dating violence, sexual assault, and stalking. Sec. 502. Maternal mortality or morbidity study. Sec. 503. Understanding sexual assault care in health systems. Sec. 504. National report on sexual assault services in our nation’s health system. Sec. 505. Improving and strengthening the sexual assault examiner workforce clinical and continuing education pilot program. Sec. 506. Expanding access to unified care. Sec. 507. Expanding access to forensics for victims of interpersonal violence. TITLE VI—Safe homes for victims Sec. 601. Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking. Sec. 602. Ensuring compliance and implementation; prohibiting retaliation against victims. Sec. 603. Protecting the right to report crime from one’s home. Sec. 604. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking. Sec. 605. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking. Sec. 606. Study and report on housing and service needs of survivors of trafficking and individuals at risk for trafficking. TITLE VII—Economic Security for Victims Sec. 701. Findings. Sec. 702. National Resource Center on workplace responses to assist victims of domestic and sexual violence. Sec. 703. Provisions related to the Temporary Assistance for Needy Families Program. Sec. 704. Study and reports on barriers to survivors’ economic security access. Sec. 705. GAO Study. TITLE VIII—Safety for Indian women Subtitle A—Tools to enhance public safety for Indian Tribes Sec. 801. Findings and purposes. Sec. 802. Tribal Access Program. Sec. 803. Bureau of Prisons Tribal Prisoner Program. Sec. 804. Tribal jurisdiction over covered crimes. Subtitle B—Alaska Tribal public safety empowerment Sec. 811. Findings; purposes. Sec. 812. Definitions. Sec. 813. Tribal jurisdiction in Alaska. TITLE IX—Office on Violence Against Women Sec. 901. Establishment of Office on Violence Against Women. Sec. 902. Senior Policy Advisor for Culturally Specific Communities of the Office on Violence Against Women. TITLE X—Improving conditions for women in Federal custody Sec. 1001. Improving the treatment of primary caretaker parents and other individuals in Federal prisons. Sec. 1002. Health and safety of pregnant women and mothers. Sec. 1003. Research and report on women in Federal incarceration. Sec. 1004. Reentry planning and services for incarcerated women. Sec. 1005. Authorization of appropriations. TITLE XI—Law Enforcement Tools to Enhance Public Safety Sec. 1101. NICS Denial Notification Act of 2022. Sec. 1102. Annual report to Congress. Sec. 1103. Special assistant U.S. attorneys and cross-deputized attorneys. Sec. 1104. Review on criminal offenses affecting Native Hawaiians. TITLE XII—Closing the Law Enforcement Consent Loophole Sec. 1201. Short title. Sec. 1202. Penalties for civil rights offenses involving sexual misconduct. Sec. 1203. Incentives for States. Sec. 1204. Reports to Congress. Sec. 1205. Definition. TITLE XIII—Other Matters Sec. 1301. National stalker and domestic violence reduction. Sec. 1302. Federal victim and witness coordinators reauthorization. Sec. 1303. Child abuse training programs for judicial personnel and practitioners reauthorization. Sec. 1304. Sex offender management. Sec. 1305. Court-appointed special advocate program. Sec. 1306. Review of link between substance use and victims of domestic violence dating violence, sexual assault, or stalking. Sec. 1307. Interagency working group to study Federal efforts to collect data on sexual violence. Sec. 1308. National resource center on workplace responses to assist victims of domestic and sexual violence assistance for microbusinesses. Sec. 1309. Civil action relating to disclosure of intimate images. Sec. 1310. Choose Respect Act. Sec. 1311. Technical correction to Victims of Crime Act. Sec. 1312. Eliminating the marriage defense to statutory rape. Sec. 1313. Deputy Assistant Attorney General on Culturally Specific Communities within the Office of Justice programs. Sec. 1314. Task Force on Sexual Violence in Education. Sec. 1315. Bree’s Law. Sec. 1316. Fairness for Rape Kit Backlog Survivors Act of 2022. Sec. 1317. Study relating to State actions to prohibit aiding and abetting sexual misconduct in schools. Sec. 1318. Supporting access to nurse exams act. TITLE XIV—Cybercrime Enforcement Sec. 1401. Local law enforcement grants for enforcement of cybercrimes. Sec. 1402. National Resource Center grant. Sec. 1403. National strategy, classification, and reporting on cybercrime. TITLE XV—Keeping Children Safe from Family Violence Sec. 1501. Short title. Sec. 1502. Findings. Sec. 1503. Purposes. Sec. 1504. Increased funding for STOP grants. Sec. 1505. Sexual assault survivors' rights. Sec. 1506. Grants to State and Tribal courts to implement protection order pilot programs. Sec. 1507. Online survey tool for campus safety. Sec. 1508. Study on child custody in domestic violence cases. 2. Universal definitions and grant conditions (a) In general Section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking In this title and inserting In this title, for the purpose of grants authorized under this title ; (B) by redesignating paragraphs (43) through (45) as paragraphs (50) through (52), respectively; (C) by redesignating paragraphs (34) through (42) as paragraphs (41) through (49), respectively; (D) by redesignating paragraphs (26) through (33) as paragraphs (32) through (39), respectively; (E) by redesignating paragraphs (18) through (25) as paragraphs (23) through (30), respectively; (F) by redesignating paragraphs (16) and (17) as paragraphs (22) and (21), respectively, and transferring paragraph (22), as so redesignated, so as to appear before paragraph (23), as so redesignated; (G) by redesignating paragraphs (12) through (15) as paragraphs (17) through (20), respectively; (H) by redesignating paragraph (11) as paragraph (14); (I) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; (J) by redesignating paragraph (8) as paragraph (12), and transferring it to appear after paragraph (11), as so redesignated; (K) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; (L) by redesignating paragraph (2) as paragraph (7), and transferring it to appear before paragraph (8), as so redesignated; (M) by redesignating paragraphs (4) and (5) as paragraphs (5) and (4), respectively, and transferring paragraph (4), as so redesignated, so as to appear after paragraph (3); (N) by redesignating paragraph (1) as paragraph (2); (O) by inserting before paragraph (2), as so redesignated, the following: (1) Abuse in later life The term abuse in later life — (A) means— (i) neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an individual in an ongoing relationship of trust with the victim; or (ii) domestic violence, dating violence, sexual assault, or stalking of an adult aged 50 or older by any individual; and (B) does not include self-neglect. ; (P) by inserting after paragraph (5), as so redesignated, the following: (6) Court-based personnel; court-related personnel The terms court-based personnel and court-related personnel mean individuals working in the court, whether paid or volunteer, including— (A) clerks, special masters, domestic relations officers, administrators, mediators, custody evaluators, guardians ad litem, lawyers, negotiators, probation, parole, interpreters, victim assistants, victim advocates, and judicial, administrative, or any other professionals or personnel similarly involved in the legal process; (B) court security personnel; (C) personnel working in related supplementary offices or programs (such as child support enforcement); and (D) any other court-based or community-based personnel having responsibilities or authority to address domestic violence, dating violence, sexual assault, or stalking in the court system. ; (Q) in paragraph (12), as so redesignated, by striking includes felony and all that follows through jurisdiction. and inserting the following: includes felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who— (A) is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim; (B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (C) shares a child in common with the victim; or (D) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction. ; (R) by inserting after paragraph (12), as so redesignated, the following: (13) Economic abuse The term economic abuse , in the context of domestic violence, dating violence, and abuse in later life, means behavior that is coercive, deceptive, or unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic resources to which they are entitled, including using coercion, fraud, or manipulation to— (A) restrict a person’s access to money, assets, credit, or financial information; (B) unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage; or (C) exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty. ; (S) by inserting after paragraph (14), as so redesignated, the following: (15) Female genital mutilation or cutting The term female genital mutilation or cutting has the meaning given such term in section 116 of title 18, United States Code. (16) Forced marriage The term forced marriage means a marriage to which 1 or both parties do not or cannot consent, and in which 1 or more elements of force, fraud, or coercion is present. Forced marriage can be both a cause and a consequence of domestic violence, dating violence, sexual assault or stalking. ; (T) by striking paragraph (17), as so redesignated, and inserting the following: (17) Homeless The term homeless has the meaning given such term in section 41403. ; (U) in paragraph (22), as so redesignated— (i) in the heading, by inserting ; Indian Tribe after tribe ; and (ii) by striking term Indian tribe means and inserting terms Indian tribe and Indian Tribe mean ; (V) by striking paragraph (24), as so redesignated, and inserting the following: (24) Legal assistance (A) Definition The term legal assistance means assistance provided by or under the direct supervision of a person described in subparagraph (B) to an adult, youth, or child victim of domestic violence, dating violence, sexual assault, or stalking relating to a matter described in subparagraph (C). (B) Person described A person described in this subparagraph is— (i) a licensed attorney; (ii) in immigration proceedings, a Board of Immigration Appeals accredited representative; (iii) in claims of the Department of Veterans Affairs, a representative authorized by the Secretary of Veterans Affairs; or (iv) any person who functions as an attorney or lay advocate in tribal court. (C) Matter described A matter described in this subparagraph is a matter relating to— (i) divorce, parental rights, child support, Tribal, territorial, immigration, employment, administrative agency, housing, campus, education, healthcare, privacy, contract, consumer, civil rights, protection or other injunctive proceedings, related enforcement proceedings, and other similar matters; (ii) criminal justice investigations, prosecutions, and post-conviction matters (including sentencing, parole, and probation) that impact the victim’s safety, privacy, or other interests as a victim; (iii) alternative dispute resolution, restorative practices, or other processes intended to promote victim safety, privacy, and autonomy, and offender accountability, regardless of court involvement; or (iv) with respect to a conviction of a victim relating to or arising from domestic violence, dating violence, sexual assault, stalking, or sex trafficking victimization of the victim, post-conviction relief proceedings in State, local, Tribal, or territorial court. (D) Intake or referral For purposes of this paragraph, intake or referral, by itself, does not constitute legal assistance. ; (W) by inserting after paragraph (30), as so redesignated, the following: (31) Restorative practice The term restorative practice means a practice relating to a specific harm that— (A) is community-based; (B) is initiated voluntarily at the request of the victim of the harm; (C) involves (on an ongoing voluntary basis and without any evidence of coercion or intimidation of any victim of the harm)— (i) any individual who committed the harm; (ii) any victim of the harm; and (iii) the community affected by the harm through 1 or more representatives of the community; (D) shall include and has the goal of— (i) collectively seeking accountability from each individual who committed the harm; (ii) developing a written process whereby each individual who committed the harm will take responsibility for the actions that caused harm to each victim of the harm; and (iii) developing a written course of action plan— (I) that is responsive to the needs of any victim of the harm; and (II) upon which any victim, any individual who committed the harm, and the community agree; and (E) is conducted in a victim services framework that protects the safety and supports the autonomy of each victim of the harm and the community. ; (X) by inserting after paragraph (39), as so redesignated, the following: (40) Technological abuse The term technological abuse means an act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology, including but not limited to: internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, or communication technologies, or any other emerging technologies. ; and (Y) in paragraph (50), as so redesignated, by inserting legal assistance and before legal advocacy ; and (2) in subsection (b)— (A) in paragraph (2), by adding at the end the following: (H) Death of the party whose privacy had been protected In the event of the death of any victim whose confidentiality and privacy is required to be protected under this subsection, grantees and subgrantees may share personally identifying information or individual information that is collected about deceased victims being sought for a fatality review to the extent permitted by their jurisdiction’s law and only if the following conditions are met: (i) The underlying objectives of the fatality review are to prevent future deaths, enhance victim safety, and increase offender accountability. (ii) The fatality review includes policies and protocols to protect identifying information, including identifying information about the victim’s children, from further release outside the fatality review team. (iii) The grantee or subgrantee makes a reasonable effort to get a release from the victim’s personal representative (if one has been appointed) and from any surviving minor children or the guardian of such children (but not if the guardian is the abuser of the deceased parent), if the children are not capable of knowingly consenting. (iv) The information released is limited to that which is necessary for the purposes of the fatality review. ; (B) in paragraph (3), by striking the period at the end and inserting if— (A) the confidentiality and privacy requirements of this title are maintained; and (B) personally identifying information about adult, youth, and child victims of domestic violence, dating violence, sexual assault, and stalking is not requested or included in any such collaboration or information-sharing. ; (C) in paragraph (11)— (i) by striking Of the total and inserting the following: (A) In general Of the total ; and (ii) by adding at the end the following: (B) Requirement The Office on Violence Against Women shall make all technical assistance available as broadly as possible to any appropriate grantees, subgrantees, potential grantees, or other entities without regard to whether the entity has received funding from the Office on Violence Against Women for a particular program or project, with priority given to recipients awarded a grant before the date of enactment of the Violence Against Women Act Reauthorization Act of 2022 . ; (D) in paragraph (14)— (i) by striking services and assistance to victims and inserting “services and assistance to— (A) victims ; (ii) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (B) adult survivors of child sexual abuse; and (C) victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of female genital mutilation or cutting, or forced marriage. ; (E) by striking paragraph (15); (F) by redesignating paragraph (16) as paragraph (15); and (G) in paragraph (15), as so redesignated— (i) in subparagraph (A), by striking clause (iii) and inserting the following: (iii) Technical assistance A recipient of grant funds under this Act that is found to have an unresolved audit finding shall be eligible to receive prompt, individualized technical assistance to resolve the audit finding and to prevent future findings, for a period not to exceed the following 2 fiscal years. ; and (ii) in subparagraph (C)(i), by striking $20,000 and inserting $100,000 and by inserting the Director or Principal Deputy Director of the Office on Violence Against Women or before the Deputy Attorney General ; and (H) by adding at the end the following: (16) Innovation fund Of the amounts appropriated to carry out this title, not more than 1 percent shall be made available for pilot projects, demonstration projects, and special initiatives designed to improve Federal, State, local, Tribal, and other community responses to gender-based violence. . (b) Definitions and grant conditions Section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ) shall apply to this Act and any grant program authorized under this Act. 3. Agency and Department Coordination Each head of an Executive department (as defined in section 101 of title 5, United States Code) responsible for carrying out a program under this Act, the Violence Against Women Act of 1994 (title IV of Public Law 103–322 ; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B of Public Law 106–386 ; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162 ; 119 Stat. 3080), or the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ; 127 Stat. 54) may coordinate and collaborate on the prevention of domestic violence, dating violence, sexual assault, and stalking, including sharing best practices and efficient use of resources and technology for victims and those seeking assistance from the Federal Government. 4. Effective date (a) In general Except as provided in subsection (b), this Act and the amendments made by this Act shall not take effect until October 1 of the first fiscal year beginning after the date of enactment of this Act. (b) Effective on date of enactment Sections 106, 107, 304, 606, 803, and 1306 and any amendments made by such sections shall take effect on the date of enactment of this Act. 5. Sense of Congress It is the sense of Congress— (1) that sex trafficking victims experience sexual violence and assault; and (2) that Federal recognition of their recovery is important. 6. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions or amendment to any other person or circumstance, shall not be affected. I Enhancing legal tools to combat domestic violence, dating violence, sexual assault, and stalking 101. Stop grants (a) In general Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10441 et seq. ) is amended— (1) in section 2001 ( 34 U.S.C. 10441 )— (A) in subsection (b)— (i) in paragraph (3), by inserting before the semicolon at the end the following: , including implementation of the grant conditions in section 40002(b) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(b) ) ; (ii) in paragraph (5), by inserting and legal assistance after improving delivery of victim services ; and (iii) in paragraph (9)— (I) by striking older and disabled women and inserting individuals 50 years of age or over, individuals with disabilities, and Deaf individuals ; (II) by inserting legal assistance, after counseling, ; and (III) by striking older and disabled individuals and inserting individuals ; (iv) in paragraph (11), by inserting before the semicolon at the end the following: , including rehabilitative work with offenders ; (v) in paragraph (19), by striking and at the end; (vi) in paragraph (20)— (I) by striking or stalking and inserting stalking, or female genital mutilation or cutting ; and (II) by striking the period at the end and inserting a semicolon; and (vii) by inserting after paragraph (20), the following: (21) developing, enhancing, or strengthening programs and projects to improve evidence collection methods for victims of domestic violence, dating violence, sexual assault, or stalking, including through funding for technology that better detects bruising and injuries across skin tones and related training; (22) developing, enlarging, or strengthening culturally specific victim services programs to provide culturally specific victim services and responses to female genital mutilation or cutting; (23) providing victim advocates in State or local law enforcement agencies, prosecutors’ offices, and courts to provide supportive services and advocacy to Indian victims of domestic violence, dating violence, sexual assault, and stalking; and (24) paying any fees charged by any governmental authority for furnishing a victim or the child of a victim with any of the following documents: (A) A birth certificate or passport of the individual, as required by law. (B) An identification card issued to the individual by a State or Tribe, that shows that the individual is a resident of the State or a member of the Tribe. ; and (B) in subsection (d)(3), in the matter preceding subparagraph (A), by striking 2014 through 2018 and inserting 2023 through 2027 ; (2) in section 2007 ( 34 U.S.C. 10446 )— (A) in subsection (d)— (i) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively; and (ii) by inserting after paragraph (4) the following: (5) proof of compliance with the requirements regarding training for victim-centered prosecution described in section 2017; (6) certification of compliance with the grant conditions under section 40002(b) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(b) ), as applicable; ; (B) in subsection (i)— (i) in paragraph (1), by inserting before the semicolon at the end the following: and the requirements under section 40002(b) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(b) ), as applicable ; and (ii) in paragraph (2)(C)(iv), by inserting after ethnicity, the following: sexual orientation, gender identity, ; and (C) in subsection (j)(2), by adding a period at the end; and (3) by adding at the end the following: 2017. Grant eligibility regarding compelling victim testimony In order for a prosecutor's office to be eligible to receive grant funds under this part, the head of the office shall certify, to the State, Indian Tribal government, or territorial government receiving the grant funding, that the office will, during the 3-year period beginning on the date on which the grant is awarded, engage in planning, developing and implementing— (1) training developed by experts in the field regarding victim-centered approaches in domestic violence, sexual assault, dating violence, and stalking cases; (2) policies that support a victim-centered approach, informed by such training; and (3) a protocol outlining alternative practices and procedures for material witness petitions and bench warrants, consistent with best practices, that shall be exhausted before employing material witness petitions and bench warrants to obtain victim-witness testimony in the investigation, prosecution, and trial of a crime related to domestic violence, sexual assault, dating violence, and stalking of the victim in order to prevent further victimization and trauma to the victim. . (b) Authorization of appropriations Section 1001(a)(18) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a)(18) ) is amended by striking 2014 through 2018 and inserting 2023 through 2027 . 102. Grants to improve the criminal justice response (a) Heading Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10461 et seq. ) is amended in the heading, by striking Grants to encourage arrest policies and inserting Grants to improve the criminal justice response . (b) Grants Section 2101 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10461 ) is amended— (1) by striking subsection (a) and inserting the following: (a) Purpose The purpose of this part is to assist States, Indian Tribal governments, State and local courts (including juvenile courts), Tribal courts, and units of local government to improve the criminal justice response to domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law, and to seek safety and autonomy for victims. ; (2) in subsection (b)— (A) in paragraph (1), by striking proarrest and inserting offender accountability and homicide reduction ; (B) in paragraph (5), by striking legal advocacy service programs and inserting legal advocacy and legal assistance programs ; (C) in paragraph (8), by striking older individuals (as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 )) and inserting individuals 50 years of age or over and Deaf individuals ; (D) in paragraph (19), by inserting before the period at the end the following , including victims among underserved populations (as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) )) ; and (E) by adding at the end the following: (25) To develop Statewide databases with information on where sexual assault nurse examiners are located. (26) To develop and implement alternative methods of reducing crime in communities, to supplant punitive programs or policies. For purposes of this paragraph, a punitive program or policy is a program or policy that— (A) imposes a penalty on a victim of domestic violence, dating violence, sexual assault, or stalking, on the basis of a request by the victim for law enforcement or emergency assistance; or (B) imposes a penalty on such a victim because of criminal activity at the property in which the victim resides. ; and (3) in subsection (c)(1)— (A) in subparagraph (A)— (i) in clause (i), by striking encourage or mandate arrests of domestic violence offenders and inserting encourage arrests of offenders ; and (ii) in clause (ii), by striking encourage or mandate arrest of domestic violence offenders and inserting encourage arrest of offenders ; (B) in subparagraph (E)(ii), by striking and at the end; and (C) by inserting after subparagraph (E) the following: (F) except for a court, not later than 3 years after the date on which an eligible grantee receives the first award under this part after the date of enactment of the Violence Against Women Act Reauthorization Act of 2022 , certify that the laws, policies, and practices of the State or the jurisdiction in which the eligible grantee is located ensure that prosecutor’s offices engage in planning, developing, and implementing— (i) training developed by experts in the field regarding victim-centered approaches in domestic violence, sexual assault, dating violence, and stalking cases; (ii) policies that support a victim-centered approach, informed by such training; and (iii) a protocol outlining alternative practices and procedures for material witness petitions and bench warrants, consistent with best practices, that shall be exhausted before employing material witness petitions and bench warrants to obtain victim-witness testimony in the investigation, prosecution, and trial of a crime related to domestic violence, sexual assault, dating violence, and stalking of the victim in order to prevent further victimization and trauma to the victim; and (G) except for a court, certify whether the laws, policies, and practices of the State or the jurisdiction in which the eligible grantee is located prohibits the prosecution of a minor under the age of 18 with respect to prostitution; and . (c) Authorization of appropriations Section 1001(a)(19) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a)(19) ) is amended by striking 2014 through 2018 and inserting 2023 through 2027 . 103. Legal assistance for victims Section 1201 of division B of the Victims of Trafficking and Violence Protection Act of 2000 ( 34 U.S.C. 20121 ) is amended— (1) in subsection (a), by inserting after no cost to the victims. the following: When legal assistance to a dependent is necessary for the safety of a victim, such assistance may be provided. ; (2) in subsection (d)— (A) by amending paragraph (1) to read as follows: (1) any person providing legal assistance through a program funded under this section— (A) (i) is a licensed attorney or is working under the direct supervision of a licensed attorney; (ii) in immigration proceedings, is a Board of Immigration Appeals accredited representative; (iii) in Veterans' Administration claims, is an accredited representative; or (iv) is any person who functions as an attorney or lay advocate in Tribal court; and (B) (i) has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or (ii) (I) is partnered with an entity or person that has demonstrated expertise described in clause (i); and (II) has completed, or will complete, training in connection with domestic violence, dating violence, stalking, or sexual assault and related legal issues, including training on evidence-based risk factors for domestic and dating violence homicide; ; (B) in paragraph (2), by striking or local and insert the following: local, or culturally specific ; (C) in paragraph (4), after dating violence, by inserting stalking, ; and (3) in subsection (f)(1)— (A) by striking $57,000,000 and inserting $60,000,000 ; and (B) by striking 2014 through 2018 and inserting 2023 through 2027 . 104. Grants to support families in the justice system Section 1301 of division B of the Victims of Trafficking and Violence Protection Act of 2000 ( 34 U.S.C. 12464 ) is amended— (1) in subsection (b)(8), by striking to improve and inserting improve ; (2) in subsection (e), by striking 2014 through 2018 and inserting 2023 through 2027 ; and (3) by adding at the end the following: (g) Cultural relevance Any services provided pursuant to a grant funded under this section shall be provided in a culturally relevant manner. . 105. Outreach and services to underserved populations grants Section 120 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 34 U.S.C. 20123 ) is amended— (1) in subsection (b)(3), by inserting Native Hawaiian, before or local organization ; (2) in subsection (d)— (A) in paragraph (4)— (i) by striking effectiveness and inserting response ; (ii) by inserting population-specific before training ; and (iii) by striking or at the end; (B) in paragraph (5), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (6) developing, enlarging, or strengthening culturally specific programs and projects to provide culturally specific services regarding responses to, and prevention of, female genital mutilation and cutting; or (7) strengthening the response of social and human services by providing population-specific training for service providers on domestic violence, dating violence, sexual assault, or stalking in underserved populations. ; and (3) in subsection (g)— (A) by striking $2,000,000 and inserting $6,000,000 ; and (B) by striking 2014 through 2018 and inserting 2023 through 2027 . 106. Criminal provisions Section 2265(d)(3) of title 18, United States Code, is amended— (1) by striking restraining order or injunction, ; and (2) by adding at the end the following: The prohibition under this paragraph applies to all protection orders for the protection of a person residing within a State, territorial, or Tribal jurisdiction, whether or not the protection order was issued by that State, territory, or Tribe. . 107. Rape survivor child custody Section 409 of the Justice for Victims of Trafficking Act of 2015 ( 34 U.S.C. 21308 ) is amended by striking 2015 through 2019 and inserting 2023 through 2027 . 108. Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking Section 121 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 34 U.S.C. 20124 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking paragraph (a)(2) of this subsection and inserting paragraph (2) ; and (ii) by striking shall take 5 percent of such appropriated amounts and inserting shall take 15 percent of such appropriated amounts for the program under paragraph (2)(A) and 5 percent of such appropriated amounts for the programs under subparagraphs (B) through (E) of paragraph (2) ; and (B) by adding at the end the following: (3) Additional authorization of appropriations In addition to the amounts made available under paragraph (1), there are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2023 through 2027. (4) Distribution (A) In general Of the total amount available for grants under this section, not less than 40 percent of such funds shall be allocated for programs or projects that meaningfully address non-intimate partner relationship sexual assault. (B) Alternative allocation Notwithstanding 40002(b)(11) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(b)(11) ), the Director may allocate a portion of funds described in subparagraph (A) to enhanced technical assistance relating to non-intimate partner sexual assault if the Office on Violence Against Women does not receive sufficient qualified applications proposing to address non-intimate partner relationship sexual assault. ; (2) in subsection (b)(3), by adding at the end the following: Not less than 1 such organization shall have demonstrated expertise primarily in domestic violence services, and not less than 1 such organization shall have demonstrated expertise primarily in non-intimate partner sexual assault services. ; (3) by striking subsection (e); and (4) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively. 109. Pilot program on restorative practices (a) In general The Violence Against Women Act of 1994 (title IV of Public Law 103–322 ), as amended by section 205, is further amended by adding at the end the following: R Restorative practices 41801. Pilot program on restorative practices (a) Definitions In this section: (1) Director The term Director means the Director of the Office on Violence Against Women. (2) Eligible entity The term eligible entity means— (A) a State; (B) a unit of local government; (C) a tribal government; (D) a tribal organization; (E) a victim service provider; (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) ); and (G) a private or public nonprofit organization, including— (i) a tribal nonprofit organization; and (ii) a faith-based nonprofit organization. (3) Restorative practice The term restorative practice means a practice relating to a specific harm that— (A) is community-based and unaffiliated with any civil or criminal legal process; (B) is initiated by the victim of the harm; (C) involves, on a voluntary basis and without any evidence of coercion or intimidation of any victim of the harm by any individual who committed the harm or anyone associated with any such individual— (i) any individual who committed the harm; (ii) any victim of the harm; and (iii) the community affected by the harm through 1 or more representatives of the community; (D) shall include and has the goal of— (i) collectively seeking accountability from 1 or more individuals who committed the harm; (ii) developing a written process whereby 1 or more individuals who committed the harm will take responsibility for the actions that caused harm to each victim of the harm; and (iii) developing a written course of action plan— (I) that is responsive to the needs of any victim of the harm; and (II) upon which any victim, any individual who committed the harm, and the community can agree; and (E) is conducted in a victim services framework that protects the safety and supports the autonomy of 1 or more victims of the harm and the community. (b) Grants authorized The Director shall award grants to eligible entities to develop and implement a program, or to assess best practices, for— (1) restorative practices to prevent or address domestic violence, dating violence, sexual assault, or stalking; (2) training by eligible entities, or for eligible entities, courts, or prosecutors, on restorative practices and program implementation; and (3) evaluations of a restorative practice described in paragraph (1). (c) Priority In awarding grants under subsection (b), the Director shall give priority to eligible entities that submit proposals that meaningfully address the needs of culturally specific or underserved populations. (d) Qualifications To be eligible to receive a grant under this section, an eligible entity shall demonstrate a history of comprehensive training and experience in working with victims of domestic violence, dating violence, sexual assault, or stalking. (e) Program requirements (1) In general An eligible entity or a subgrantee of an eligible entity that offers a restorative practices program with funds awarded under this section shall ensure that such program— (A) includes set practices and procedures for screening the suitability of any individual who committed a harm based on— (i) the history of civil and criminal complaints against the individual involving domestic violence, sexual assault, dating violence, or stalking; (ii) parole or probation violations of the individual or whether active parole or probation supervision of the individual is being conducted for prior offenses involving domestic violence, sexual assault, dating violence, or stalking; (iii) the risk to the safety of any victim of the harm based on an evidence-based risk assessment; (iv) the risk to public safety, including an evidence-based risk assessment of the danger to the public; and (v) past participation of any individual who committed the harm in restorative practice programing; and (B) denies eligibility to participate in the program for any individual who committed a harm against whom there is— (i) a pending felony or misdemeanor prosecution for an offense against any victim of the harm or a dependent of any such victim; (ii) a restraining order or a protection order (as defined in section 2266 of title 18, United States Code) that protects any victim of the harm or a dependent of any such victim, unless there is an exception in the restraining order or protective order allowing for participation in a restorative practices program; (iii) a pending criminal charge involving or relating to sexual assault, including rape, human trafficking, or child abuse, including child sexual abuse; or (iv) a conviction for child sexual abuse against the victim or a sibling of the victim if the victim or sibling of the victim is currently a minor. (2) Referral With respect to a risk assessment described in paragraph (1)(A)(iii) for which an eligible entity or a subgrantee of an eligible entity determines that a victim or a dependent of a victim are at significant risk of subsequent serious injury, sexual assault, or death, the eligible entity or subgrantee shall refer the victim or dependent to other victim services, instead of restorative practices. (f) Nondisclosure of confidential or private information For the purpose of section 40002(b)(2), an individual described in subsection (a)(3)(C) shall be considered a person receiving services. (g) Relation to criminal justice intervention Restorative practices performed with funds awarded under this section are not intended to function as a replacement for criminal justice intervention for a specific harm. (h) Reports (1) Report to Director As a part of the report required to be submitted under section 40002(b)(6), an eligible entity that receives a grant under this section shall annually submit to the Director information relating to the effectiveness of the restorative practices carried out with amounts from the grant, including— (A) the number of individuals for whom the eligible entity supported a restorative practice; (B) if applicable, the number of individuals who— (i) sought restorative practices from the eligible entity; and (ii) the eligible entity could not serve; (C) if applicable, the number of individuals— (i) who sought restorative practice training; (ii) who received restorative practice training; (iii) who provided restorative practice training; and (iv) to whom the eligible entity could not provide restorative practice training; (D) a victim evaluation component that is documented through survey or interview, including the satisfaction of victims of a harm with the restorative practice services; (E) if applicable, the number of individuals who committed a harm and— (i) successfully completed and executed a written course of action plan; (ii) failed to successfully complete and execute a written course of action plan; and (iii) were involved in a criminal or civil complaint involving domestic violence, dating violence, sexual assault, or stalking against the victims or victims during the course of the restorative practice process; and (F) any other qualitative or quantitative information determined by the Director. (2) Report to Congress Not later than 2 years after the date of enactment of this section, and biennially thereafter, the Director shall submit to Congress a report that summarizes the reports received by the Director under paragraph (1). (i) Authorization of appropriations There are authorized to be appropriated to the Director such sums as may be necessary for each of fiscal years 2023 through 2027 to carry out this section. . (b) Clerical amendment The table of contents in section 2 of the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) is amended by inserting after the item relating to section 41601 the following: Subtitle R—Restorative practices Sec. 41801. Pilot program on restorative practices. . II Improving Services for Victims 201. Sexual assault services program Section 41601 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12511 ) is amended— (1) in subsection (b)(2)(C)(iii), by inserting direct payments, before and comprehensive ; (2) in subsection (c)— (A) in paragraph (4)— (i) by striking (4) Distribution and all that follows through The Attorney General and inserting the following: (4) Distribution The Attorney General ; and (ii) by striking subparagraph (B); (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: (6) Technical assistance The Attorney General shall provide technical assistance to recipients of grants under this subsection by entering into a cooperative agreement or contract with a national, nonprofit, nongovernmental organization or organizations whose primary focus and expertise is in addressing sexual assault within culturally specific communities. ; and (3) in subsection (f)— (A) in paragraph (1), by striking $40,000,000 to remain available until expended for each of fiscal years 2014 through 2018 and inserting $100,000,000 to remain available until expended for each of fiscal years 2023 through 2027 ; and (B) in paragraph (2)(B)— (i) by striking 2.5 and inserting 8 ; and (ii) by striking the semicolon at the end and inserting of which not less than 20 percent shall be available for technical assistance to recipients and potential recipients of grants under subsection (c); . 202. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance program Section 40295 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12341 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3)(B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) to develop, expand, implement, and improve the quality of sexual assault forensic medical examination or sexual assault nurse examiner programs. ; (2) in subsection (b)— (A) in paragraph (4), by striking the period at the end and inserting a semicolon; and (B) in paragraph (5)— (i) by inserting after by the lack of access to the following: quality forensic sexual assault examinations by trained health care providers, ; and (ii) by striking shelters and and inserting shelters, and ; and (3) in subsection (e)(1), by striking $50,000,000 for each of fiscal years 2014 through 2018 and inserting $100,000,000 for each of fiscal years 2023 through 2027 . 203. Grants for training and services to end violence against individuals with disabilities and Deaf people Section 1402 of division B of the Victims of Trafficking and Violence Protection Act of 2000 ( 34 U.S.C. 20122 ) is amended— (1) in the heading— (A) by striking WOMEN and inserting INDIVIDUALS ; and (B) by inserting after DISABILITIES the following: AND DEAF PEOPLE ; (2) in subsection (a)(1)— (A) by striking and sexual assault and inserting sexual assault, and abuse by caregivers ; and (B) by inserting after with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )) the following: and Deaf people ; (3) in subsection (b)— (A) by striking disabled individuals each place it appears and inserting individuals with disabilities and Deaf people ; (B) in paragraph (3), by inserting after law enforcement the following: and other first responders ; and (C) in paragraph (8), by striking providing advocacy and intervention services within and inserting to enhance the capacity of ; and (4) in subsection (e)— (A) by striking $9,000,000 and inserting $15,000,000 ; and (B) by striking 2014 through 2018 and inserting 2023 through 2027 . 204. Training and services to end abuse in later life Subtitle H of the Violence Against Women Act of 1994 ( 34 U.S.C. 12421 et seq. ) is amended— (1) in the subtitle heading, by striking Enhanced Training and inserting Training ; and (2) in section 40801 ( 34 U.S.C. 12421 )— (A) in the section heading, by striking ENHANCED TRAINING and inserting TRAINING ; (B) by striking subsection (a); and (C) in subsection (b)— (i) by striking (b) Grant program .— and all that follows through paragraph (1) and inserting the following: The Attorney General shall make grants to eligible entities in accordance with the following: ; (ii) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; (iii) in paragraph (1), as so redesignated— (I) by striking , including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect each place it appears; (II) in subparagraph (A)— (aa) in clause (i)— (AA) by striking elder abuse and inserting abuse in later life ; and (BB) by striking victim advocates, and and inserting victim advocates, or ; and (bb) in clause (iv), by striking advocates, victim service providers, and courts to better serve victims of abuse in later life and inserting leaders, victim advocates, victim service providers, courts, and first responders to better serve older victims ; and (III) in subparagraph (B)— (aa) in clause (i), by striking or other community-based organizations in recognizing and addressing instances of abuse in later life and inserting community-based organizations, or other professionals who may identify or respond to abuse in later life ; and (bb) in clause (ii), by striking elder abuse and ; (iv) in paragraph (2), as so redesignated— (I) in subparagraph (A)— (aa) in clause (iv), by striking with demonstrated experience in assisting individuals over 50 years of age ; and (bb) in clause (v), by striking with demonstrated experience in addressing domestic violence, dating violence, sexual assault, and stalking ; and (II) in subparagraph (B)(iv), by striking in later life; and inserting 50 years of age or over. ; and (v) in paragraph (4), as so redesignated— (I) by striking $9,000,000 and inserting $10,000,000 ; and (II) by striking 2014 through 2018 and inserting 2023 through 2027 . 205. Abby Honold Act (a) Short title This section may be cited as the Abby Honold Act . (b) Amendment Title IV of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12291 et seq. ) is amended by adding at the end the following: Q Trauma-Informed, Victim-Centered Training for Law Enforcement 41701. Demonstration program on trauma-informed, victim-centered training for law enforcement (a) Definitions In this section— (1) the term Attorney General means the Attorney General, acting through the Director of the Office on Violence Against Women; (2) the term covered individual means an individual who interfaces with victims of domestic violence, dating violence, sexual assault, and stalking, including— (A) an individual working for or on behalf of an eligible entity; (B) an administrator or personnel of a school, university, or other educational program or activity (including a campus police officer or a school resource officer); and (C) an emergency services or medical employee; (3) the term demonstration site , with respect to an eligible entity that receives a grant under this section, means— (A) if the eligible entity is a law enforcement agency described in paragraph (4)(A), the area over which the eligible entity has jurisdiction; and (B) if the eligible entity is an organization or agency described in paragraph (4)(B), the area over which a law enforcement agency described in paragraph (4)(A) that is working in collaboration with the eligible entity has jurisdiction. (4) the term eligible entity means a State, local, territorial, or Tribal law enforcement agency; and (5) the term mandatory partner means a national, regional, or local victim services organization or agency working in collaboration with a law enforcement agency described in paragraph (4). (b) Grants authorized (1) In general The Attorney General shall award grants on a competitive basis to eligible entities to collaborate with their mandatory partners to carry out the demonstration program under this section by implementing evidence-based or promising investigative policies and practices to incorporate trauma-informed, victim-centered techniques designed to— (A) prevent re-traumatization of the victim; (B) ensure that covered individuals use evidence-based practices to respond to and investigate cases of domestic violence, dating violence, sexual assault, and stalking; (C) improve communication between victims and law enforcement officers in an effort to increase the likelihood of the successful investigation and prosecution of the reported crime in a manner that protects the victim to the greatest extent possible; (D) increase collaboration among stakeholders who are part of the coordinated community response to domestic violence, dating violence, sexual assault, and stalking; and (E) evaluate the effectiveness of the training process and content. (2) Award basis The Attorney General shall award grants under this section to multiple eligible entities for use in a variety of settings and communities, including— (A) urban, suburban, Tribal, remote, and rural areas; (B) college campuses; or (C) traditionally underserved communities. (c) Use of funds An eligible entity that receives a grant under this section shall use the grant to— (1) train covered individuals within the demonstration site of the eligible entity to use evidence-based, trauma-informed, and victim-centered techniques and knowledge of crime victims' rights throughout an investigation into domestic violence, dating violence, sexual assault, or stalking, including by— (A) conducting victim interviews in a manner that— (i) elicits valuable information about the domestic violence, dating violence, sexual assault, or stalking; and (ii) avoids re-traumatization of the victim; (B) conducting field investigations that mirror best and promising practices available at the time of the investigation; (C) customizing investigative approaches to ensure a culturally and linguistically appropriate approach to the community being served; (D) becoming proficient in understanding and responding to complex cases, including cases of domestic violence, dating violence, sexual assault, or stalking— (i) facilitated by alcohol or drugs; (ii) involving strangulation; (iii) committed by a non-stranger; (iv) committed by an individual of the same sex as the victim; (v) involving a victim with a disability; (vi) involving a male victim; or (vii) involving a lesbian, gay, bisexual, or transgender (commonly referred to as LGBT ) victim; (E) developing collaborative relationships between— (i) law enforcement officers and other members of the response team; and (ii) the community being served; and (F) developing an understanding of how to define, identify, and correctly classify a report of domestic violence, dating violence, sexual assault, or stalking; and (2) promote the efforts of the eligible entity to improve the response of covered individuals to domestic violence, dating violence, sexual assault, and stalking through various communication channels, such as the website of the eligible entity, social media, print materials, and community meetings, in order to ensure that all covered individuals within the demonstration site of the eligible entity are aware of those efforts and included in trainings, to the extent practicable. (d) Demonstration program trainings on trauma-Informed, victim-Centered approaches (1) Identification of existing trainings (A) In general The Attorney General shall identify trainings for law enforcement officers, in existence as of the date on which the Attorney General begins to solicit applications for grants under this section, that— (i) employ a trauma-informed, victim-centered approach to domestic violence, dating violence, sexual assault, and stalking; and (ii) focus on the fundamentals of— (I) trauma responses; (II) the impact of trauma on victims of domestic violence, dating violence, sexual assault, and stalking; and (III) techniques for effectively investigating domestic violence, dating violence, sexual assault, and stalking. (B) Selection An eligible entity that receives a grant under this section shall select one or more of the approaches employed by a training identified under subparagraph (A) to test within the demonstration site of the eligible entity. (2) Consultation In carrying out paragraph (1), the Attorney General shall consult with the Director of the Office for Victims of Crime in order to seek input from and cultivate consensus among outside practitioners and other stakeholders through facilitated discussions and focus groups on best practices in the field of trauma-informed, victim-centered care for victims of domestic violence, dating violence, sexual assault, and stalking. (e) Evaluation The Attorney General, in consultation with the Director of the National Institute of Justice, shall require each eligible entity that receives a grant under this section to identify a research partner, preferably a local research partner, to— (1) design a system for generating and collecting the appropriate data to facilitate an independent process or impact evaluation of the use of the grant funds; (2) periodically conduct an evaluation described in paragraph (1); and (3) periodically make publicly available, during the grant period— (A) preliminary results of the evaluations conducted under paragraph (2); and (B) recommendations for improving the use of the grant funds. (f) Authorization of appropriations There are authorized to be appropriated to the Attorney General $5,000,000 for each of fiscal years 2023 through 2027 to carry out this section. (g) Rule of construction Nothing in this section shall be construed to interfere with the due process rights of any individual. . 206. LGBT Specific Services Program (a) Establishment The Attorney General, acting through the Director of the Violence Against Women Office (referred to in this section as the Director ), shall make grants to eligible entities to enhance lesbian, gay, bisexual, and transgender (referred to in this section as LGBT ) specific services for victims of domestic violence, dating violence, sexual assault and stalking. (b) Purpose of program and grants (1) General program purpose The purpose of the program required by this section is to promote the following: (A) The maintenance and replication of existing successful LGBT specific domestic violence, dating violence, sexual assault, and stalking community-based programs providing services and resources for LGBT victims of domestic violence, dating violence, sexual assault, and stalking. (B) The development of innovative LGBT specific strategies and projects to enhance access to services and resources for LGBT victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources. (2) Purposes for which grants may be used The Director shall make grants to community-based programs for the purpose of enhancing LGBT specific services for victims of domestic violence, dating violence, sexual assault, and stalking. Grants under the program shall support community-based efforts to address distinctive LGBT specific responses to domestic violence, dating violence, sexual assault, and stalking, including— (A) providing or enhancing services for LGBT victims of domestic violence, dating violence, sexual assault, or stalking, including services that address the safety, emotional well-being, economic, housing, legal and workplace needs of LGBT victims; (B) supporting programs that specifically address underserved LGBT communities, including culturally specific communities, to provide specific resources and support for LGBT underserved victims of domestic violence, dating violence, sexual assault, and stalking; (C) working in cooperation with the community to develop education and prevention strategies highlighting LGBT specific issues and resources regarding victims of domestic violence, dating violence, sexual assault, and stalking; (D) conducting outreach activities to ensure that LGBT people who are victims of domestic violence, dating violence, stalking, or sexual assault receive appropriate assistance; (E) providing training for victim service providers, governmental agencies, courts, law enforcement and other first responders, and nonprofit, nongovernmental organizations serving the LGBT community about risk reduction, intervention, prevention, and the nature of domestic violence, dating violence, stalking, and sexual assault; (F) developing and implementing LGBT specific programming that focuses on victim autonomy, agency, and safety in order to provide resolution and restitution for the victim; and (G) providing LGBT specific programs for the non-offending LGBT parents of children exposed to domestic violence, dating violence, sexual assault, and stalking. (3) Technical assistance and training The Director shall provide technical assistance and training to grantees of this and other programs under this Act regarding the development and provision of effective LGBT specific community-based services by entering into cooperative agreements or contracts with an organization or organizations having a demonstrated expertise in and whose primary purpose is addressing the development and provision of LGBT specific community-based services to victims of domestic violence, dating violence, sexual assault, and stalking. (c) Eligible entities Eligible entities for grants under this section include— (1) community-based organizations, the primary purpose of which is providing LGBT specific services to victims of domestic violence, dating violence, sexual assault, and stalking; and (2) community-based organizations, the primary purpose of which is providing LGBT specific services that can partner with a program having demonstrated expertise in serving victims of domestic violence, dating violence, sexual assault, and stalking, and that agrees to receive technical assistance from a program with LGBT specific expertise. (d) Reporting The Director shall issue a biennial report on the distribution of funding under this section, the progress made in replicating and supporting increased services to LGBT victims of domestic violence, dating violence, sexual assault, and stalking and the types of LGBT specific programs, strategies, technical assistance, and training developed or enhanced through this program. (e) Evaluation The Director shall award a contract or cooperative agreement to evaluate programs under this section to an entity with the demonstrated expertise in and primary goal of providing enhanced access to services and resources for victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources. (f) Non-Exclusivity Nothing in this section shall be construed to exclude LGBT community-based organizations from applying to other grant programs authorized under this Act. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $8,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. III Services, Protection, and Justice for Young Victims 301. Rape prevention and education grant Section 393A of the Public Health Service Act ( 42 U.S.C. 280b–1b ) is amended— (1) in subsection (a)— (A) in paragraph (2), by inserting before the semicolon at the end the following or utilization of other communication technologies for purposes related to such a hotline ; (B) in paragraph (3), by striking professionals and inserting professionals, including school-based professionals, to identify and refer students who may have experienced or are at risk of experiencing sexual violence ; and (C) in paragraph (7)— (i) by striking sexual assault and inserting sexual violence, sexual assault, and sexual harassment ; and (ii) by inserting and Deaf individuals before the period at the end; (2) in subsection (b), by striking Indian tribal and inserting Indian Tribal ; (3) by redesignating subsection (c) and (d) as subsections (d) and (e), respectively; (4) by inserting the following new subsection after subsection (b): (c) Meaningful involvement of State sexual assault coalitions, culturally specific organizations, and underserved communities In awarding funds to States under this section, the Secretary shall set forth procedures designed to ensure meaningful involvement of sexual assault coalitions, culturally specific organizations, and representatives from underserved communities of the State or territory in the application for, and implementation of, funding. ; (5) in subsection (d) (as redesignated by paragraph (3))— (A) in paragraph (1), by striking $50,000,000 for each of fiscal years 2014 through 2018 and inserting $100,000,000 for each of fiscal years 2023 through 2027 ; (B) in paragraph (3), by adding at the end the following: Not less than 80 percent of the total amount made available under this subsection in each fiscal year shall be awarded in accordance with this paragraph. ; and (C) by adding at the end the following: (4) State, territorial, and Tribal sexual assault coalition allotment (A) In general Of the total amount appropriated under this subsection for a fiscal year, not less than 15 percent shall be allocated to State, territorial, and Tribal sexual assault coalitions for the purposes of coordinating and providing prevention activities, providing assistance to prevention programs, and collaborating and coordinating with applicable Federal, State, Tribal, and local entities engaged in sexual violence prevention, in accordance with this paragraph. (B) Allocations Of the total amount appropriated under this subsection and allocated to making awards to sexual assault coalitions, as described in subparagraph (A), for a fiscal year— (i) not less than 10 percent shall be made available to Tribal sexual assault coalitions; and (ii) any remaining amounts shall be made available, in equal amounts, to each State coalition and each territorial coalition. (C) Clarification Receipt of an award under this subsection by a sexual assault coalition shall not preclude the coalition from receiving additional grants or administering funds to carry out the purposes described in subsection (a). ; and (6) by adding at the end the following: (f) Report Not later than 1 year after the date of the enactment of the Violence Against Women Act Reauthorization Act of 2022 , the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives and the Committee on Appropriations, the Committee on Health, Education, Labor, and Pensions, and the Committee on the Judiciary of the Senate a report on the activities funded by grants awarded under this section and best practices relating to rape prevention and education. . 302. Creating hope through outreach, options, services, and education (CHOOSE) for children and youth Section 41201 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12451 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), in the first sentence, by striking target youth who are victims of domestic violence, dating violence, sexual assault, stalking, and sex trafficking and inserting target youth, including youth in underserved populations, who are victims of domestic violence, dating violence, sexual assault, stalking, and sex trafficking ; (ii) in subparagraph (B), by striking or at the end; (iii) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (iv) by inserting after subparagraph (C) the following: (D) clarify State or local mandatory reporting policies and practices regarding peer-on-peer dating violence, sexual assault, stalking, and sex trafficking; or (E) develop, enlarge, or strengthen culturally specific victim services and responses related to, and prevention of, female genital mutilation or cutting. ; (B) in paragraph (2)— (i) in subparagraph (A), by striking stalking, or sex trafficking and inserting stalking, sex trafficking, or female genital mutilation or cutting ; (ii) in subparagraph (C), by inserting confidential before support services ; and (iii) in subparagraph (E), by inserting after programming for youth the following: , including youth in underserved populations, ; and (C) by adding at the end the following: (3) Children exposed to violence and abuse To develop, maintain, or enhance programs designed to prevent future incidents of domestic violence, dating violence, sexual assault, and stalking by preventing, reducing and responding to children’s exposure to violence in the home, including by— (A) providing services for children exposed to domestic violence, dating violence, sexual assault or stalking, including— (i) direct counseling or advocacy; and (ii) support for the non-abusing parent; and (B) training and coordination for educational, after-school, and childcare programs on how to— (i) safely and confidentially identity children and families experiencing domestic violence, dating violence, sexual assault, or stalking; and (ii) properly refer children exposed and their families to services and violence prevention programs. (4) Teen dating violence awareness and prevention To develop, maintain, or enhance programs that change attitudes and behaviors around the acceptability of domestic violence, dating violence, sexual assault, and stalking and provide education and skills training to young individuals and individuals who influence young individuals, which— (A) may include the use evidenced-based, evidence-informed, or innovative strategies and practices focused on youth; and (B) shall include— (i) age and developmentally-appropriate education on— (I) domestic violence; (II) dating violence; (III) sexual assault; (IV) stalking; (V) sexual coercion; and (VI) healthy relationship skills, in school, in the community, or in health care settings; (ii) community-based collaboration and training for individuals with influence on youth, such as parents, teachers, coaches, healthcare providers, faith leaders, older teens, and mentors; (iii) education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; and (iv) policy development targeted to prevention, including school-based policies and protocols. ; (2) in subsection (c)— (A) in paragraph (1)(A)— (i) by inserting organization after tribal nonprofit ; and (ii) by inserting Native Hawaiian organization, urban Indian organization, before or population-specific community-based organization ; and (B) in paragraph (2)(A), by striking paragraph (1) and inserting subparagraph (A) or (B) of paragraph (1) ; (3) in subsection (d)(3), by striking the period at the end and inserting , including training on working with youth victims of domestic violence, dating violence, sexual assault, or sex trafficking in underserved populations, if such youth are among those being served. ; and (4) in subsection (f), by striking $15,000,000 for each of fiscal years 2014 through 2018 and inserting $30,000,000 for each of fiscal years 2023 through 2027 . 303. Grants to combat violent crimes on campuses (a) In General Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 34 U.S.C. 20125 ) is amended— (1) in subsection (a)— (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2); (2) in subsection (b)— (A) by amending paragraph (2) to read as follows: (2) To develop, strengthen, and implement campus policies, protocols, and services that more effectively identify and respond to the crimes of domestic violence, dating violence, sexual assault, and stalking, including the use of technology to commit these crimes, and to train campus administrators, campus security personnel, and all participants in the resolution process, including personnel from the Title IX coordinator’s office, student conduct office, and campus disciplinary or judicial boards on such policies, protocols, and services that promote a prompt, fair, and impartial investigation. ; (B) by amending paragraph (3) to read as follows: (3) To provide prevention and education programming about domestic violence, dating violence, sexual assault, and stalking, including technological abuse and reproductive and sexual coercion, that is age-appropriate, culturally relevant, ongoing, delivered in multiple venues on campus, accessible, promotes respectful nonviolent behavior as a social norm, and engages men and boys. Such programming should be developed in partnership or collaboratively with experts in intimate partner and sexual violence prevention and intervention. ; (C) in paragraph (9), by striking and provide and inserting , provide, and disseminate ; (D) in paragraph (10), by inserting after or adapt the following: and disseminate ; and (E) by inserting after paragraph (10) the following: (11) To train campus health centers and appropriate campus faculty, such as academic advisors or professionals who deal with students on a daily basis, on how to recognize and respond to domestic violence, dating violence, sexual assault, and stalking, including training health providers on how to provide universal education to all members of the campus community on the impacts of violence on health and unhealthy relationships and how providers can support ongoing outreach efforts. (12) To train campus personnel in how to use a victim-centered, trauma-informed interview technique, which means asking questions of a student or a campus employee who is reported to be a victim of sexual assault, domestic violence, dating violence, or stalking, in a manner that is focused on the experience of the reported victim, that does not judge or blame the reported victim for the alleged crime, and that is informed by evidence-based research on trauma response. To the extent practicable, campus personnel shall allow the reported victim to participate in a recorded interview and to receive a copy of the recorded interview. (13) To develop and implement restorative practices (as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) )). ; (3) in subsection (c)(3), by striking 2014 through 2018 and inserting 2023 through 2027 ; (4) in subsection (d)— (A) in paragraph (3)— (i) in subparagraph (B), by striking for all incoming students and inserting for all students ; and (ii) by striking subparagraph (D) and inserting the following: (D) The grantee shall train all participants in the resolution process, including the campus disciplinary board, the title IX coordinator’s office, and the student conduct office, to respond effectively to situations involving domestic violence, dating violence, sexual assault, or stalking. ; and (B) in paragraph (4)(C), by inserting after sex, the following: sexual orientation, gender identity, ; and (5) in subsection (e), by striking $12,000,000 for each of fiscal years 2014 through 2018 and inserting $15,000,000 for each of fiscal years 2023 through 2027, of which not less than 10 percent shall be made available for grants to historically Black colleges and universities . (b) Report on best practices regarding domestic violence, dating violence, sexual assault, and stalking on campuses Not later than 1 year after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report, which shall include— (1) an evaluation of programs, events, and educational materials related to domestic violence, dating violence, sexual assault, and stalking; and (2) an assessment of best practices and guidance from the evaluation described in paragraph (1), which shall be made publicly available online to universities and college campuses to use as a resource. 304. Study on State coverage of forensic examinations and related costs following a sexual assault Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall issue a report to Congress on requirements and funding of States for forensic exams conducted after sexual assaults and any related medical expenses, as applicable, which shall include, with respect to each State— (1) the total annual cost of conducting forensic exams described in section 2010(b) of part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10449(b) ); (2) each funding source used to pay for the forensic exams described in section 2010(b) of part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10449(b) ); (3) a description of any laws or policies of the State to ensure that individuals do not receive bills for all or part of the cost of forensic exams conducted after sexual assaults, consistent with section 2010(b) of part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10449(b) ), including any oversight to ensure those individuals do not receive bills; (4) an identification of any best practices implemented by the State to ensure that individuals do not receive bills for forensic exams conducted after sexual assaults; (5) any requirements under laws of the State relating to payment for medical expenses and ancillary costs relating to a sexual assault, which may include treatment of injuries associated with the assault, imaging (including x-rays, MRIs, and CAT scans), and other emergency medical care required as a result of the sexual assault for which a victim receives a forensic exam; and (6) if a law of the State requires the State to pay for the medical expenses described in paragraph (5)— (A) a detailed list of which medical expenses require coverage; (B) the total annual cost of medical expenses relating to a sexual assault for which a victim receives a forensic exam outside of the cost of the forensic exam; and (C) each funding source the State uses to pay for medical expenses relating to a sexual assault for which a victim receives a forensic exam. IV Violence Reduction Practices 401. Study conducted by the Centers for Disease Control and Prevention Section 402 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 42 U.S.C. 280b–4 ) is amended— (1) in subsection (b), by striking violence against women and inserting violence against adults, youth, ; and (2) in subsection (c), by striking the fiscal years 2014 through 2018 and inserting fiscal years 2023 through 2027 . 402. Saving money and reducing tragedies through prevention (SMART Prevention) grants Section 41303 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12463 ) is amended— (1) in subsection (a), by striking taking a comprehensive approach that focuses on youth, children exposed to violence, and men and inserting focusing on men and youth ; (2) in subsection (b)— (A) by striking for the following purposes: and all that follows through (3) Engaging men as leaders and models .—To develop and inserting to develop ; and (B) by inserting and youth after men the first 2 times it appears; (3) in subsection (d)(3)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) include a focus on the unmet needs of underserved populations. ; (4) in subsection (f), by striking $15,000,000 for each of fiscal years 2014 through 2018 and inserting $20,000,000 for each of fiscal years 2023 through 2027 ; and (5) by striking subsection (g). V Strengthening the Health Care System’s Response 501. Grants to strengthen the health care system’s response to domestic violence, dating violence, sexual assault, and stalking Section 399P of the Public Health Service Act ( 42 U.S.C. 280g–4 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting community health workers, violence prevention advocates working with health providers, after health staff, ; (B) in paragraph (2), by striking for medical and all that follows through stalking; and and inserting for medical, psychology, dental, social work, nursing, and other health profession students, interns, residents, fellows, or current health care providers (including midwives and doulas); ; and (C) in paragraph (3)— (i) by striking response and inserting capacity ; (ii) by inserting prevent and respond to after (including behavioral and mental health programs) to ; and (iii) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (4) the development or enhancement and implementation of training programs to improve the capacity of early childhood programs to address domestic violence, dating violence, sexual assault, and stalking among families they serve; and (5) the development or enhancement and implementation of comprehensive statewide strategies for health and violence prevention programs to work together to promote primary prevention of domestic violence, dating violence, sexual assault, and stalking. ; (2) in subsection (b)(1)— (A) in subparagraph (A)(i)— (i) by striking to identify and provide and inserting to provide universal education on healthy relationships and provide trauma-informed ; and (ii) by striking and at the end; (B) in subparagraph (A)(ii)— (i) by striking culturally competent clinical training components and inserting training components that center the experiences of, and are developed in collaboration with, culturally specific individuals and American Indians and Alaska Natives, and include community-defined practices such as the use of doulas, midwives, and traditional healers, ; (ii) by inserting (including labor and sex trafficking) after other forms of violence and abuse ; and (iii) by striking disparities and inserting inequities ; (C) in subparagraph (A), by inserting after clause (ii) the following: (iii) are designed to be inclusive of the experiences of all individuals, including LGBT individuals, and include training on improving equity and reducing disparities in access to health care services and prevention resources; and (iv) include training on the use of a universal prevention education approach to both prevent and respond to domestic violence, dating violence, sexual assault, or stalking in health care settings; ; (D) in subparagraph (B), in the matter preceding clause (i), by striking response of the health care system and inserting capacity of the health care system to prevent and respond ; (E) in subparagraph (B)(i)— (i) by striking identifying and responding to inserting identifying, responding to, and promoting prevention of ; (ii) by inserting during in-person or virtual visits after and stalking ; and (iii) by inserting and to maximize victim choice on the use and sharing of their health information before the semicolon at the end; (F) in subparagraph (B)(ii)— (i) by striking on-site access to and all that follows through the semicolon at the end and inserting the following: services to address the safety, medical, and mental health needs of patients by— (I) increasing the capacity of existing health care professionals (including professionals who specialize in trauma or in substance use disorders) in behavioral and mental health care, community health workers, and public health staff to address domestic violence, dating violence, sexual assault, stalking, and children exposed to violence; (II) contracting with or hiring advocates for victims of domestic violence or sexual assault to provide such services; or (III) providing funding to State domestic and sexual violence coalitions to improve the capacity of such coalitions to coordinate and support health advocates and other health system partnerships; ; (G) in subparagraph (B)(iii)— (i) by striking of identification and inserting of prevention ; (ii) by inserting during in-person or virtual visits after and stalking ; and (iii) by striking and at the end; (H) in subparagraph (B)(iv)— (i) by inserting and promote prevention during in-person or virtual visits, after or stalking, ; and (ii) by striking the period at the end and inserting a semicolon; (I) in subparagraph (B), by adding at the end the following: (v) the development, implementation, dissemination, and evaluation of best practices, tools, and training materials, including culturally relevant tools, for mental health, behavioral health, and substance use disorder professionals to identify and respond to domestic violence, sexual violence, stalking, and dating violence; and (vi) the development and provision of culturally relevant training and follow-up technical assistance to health care professionals, and public health staff, and allied health professionals to identify, assess, treat, and refer clients who are victims of domestic violence, dating violence, sexual assault, or stalking from culturally specific communities and promote prevention, using tools and training materials, developed by and for culturally specific communities, with priority given to trainings provided by culturally specific organizations; and ; and (J) by inserting after subparagraph (B) the following: (C) design and implement comprehensive strategies to prevent domestic or sexual violence including through the use of universal education in clinical and public health settings, hospitals, clinics and other health settings. ; (3) in subsection (b)(2)(A)— (A) in the subparagraph heading, by striking Child and elder abuse and inserting Child abuse and abuse in later life ; and (B) by striking child or elder abuse and inserting child abuse or abuse in later life ; (4) in subsection (b)(2)(C)(i), by striking elder abuse and inserting abuse in later life ; (5) in subsection (b)(2)(C)(ii), by inserting programs that promote the prevention of sexual assault as well as after implementation of ; (6) in subsection (b)(2)(C)(iii)— (A) by inserting and exposure to violence across generations after abuse ; and (B) by striking or at the end; (7) in subsection (b)(2)(C)(iv)— (A) by inserting mental health, after dental, ; and (B) by striking exams. and inserting exams and certifications; ; (8) in subsection (b)(2)(C), by inserting after clause (iv) the following: (v) providing funding to culturally specific organizations to improve the capacity of such organizations to engage and partner with health care providers to support victims and meet increased referrals from health systems; (vi) developing a State-level pilot program to— (I) improve the response of substance use disorder treatment programs, harm reduction programs for people who use substances, and systems to domestic violence, dating violence, sexual assault, and stalking; (II) improve the capacity of substance use disorder treatment programs, harm reduction programs for people who use substances, and systems to serve survivors of domestic violence, dating violence, sexual assault, and stalking dealing with substance use disorder; and (III) improve the capacity of domestic violence, dating violence, sexual assault, and stalking programs to serve survivors who have substance use history; or (vii) developing and utilizing existing technical assistance and training resources to improve the capacity of substance use disorder treatment programs and harm reduction programs for people who use substances to address domestic violence, dating violence, sexual assault, and stalking among patients the programs serve. ; (9) in subsection (c)(3)(A), by striking given to outcome based evaluations. and inserting the following: given to— (i) outcome based evaluations; (ii) culturally specific and population specific organizations; and (iii) programs developing and implementing community-driven solutions to address domestic violence, dating violence, sexual assault, or stalking. ; (10) in subsection (c)(3)(B)(i)(III), by inserting , including a culturally specific organization or community-based organization working to address the social determinants of health, after nonprofit entity ; (11) in subsection (c)(3)(C)(ii)— (A) by striking strategies for and inserting the following: “strategies— (I) for ; (B) by inserting and generations after lifespan ; (C) by striking settings; and inserting settings; and ; and (D) by adding at the end the following: (II) to address primary prevention of domestic violence, dating violence, sexual assault, and stalking over the lifespan and generations, including strategies that address related social determinants of health, economic justice, and equity issues, and that are inclusive of LGBT individuals; ; (12) in subsection (c)(3)(C)(iii), by striking State or tribal law enforcement task forces (where appropriate) and inserting culturally specific organizations ; (13) in subsection (c)(3)(C)(iv), by inserting (including culturally specific organizations) after service providers ; (14) in subsection (d)(2)(A)— (A) by inserting (including mental health or substance abuse agencies) after of health ; (B) by striking or mental and inserting or behavioral ; and (C) by inserting and substance use disorder prevention and treatment before the semicolon at the end; (15) in subsection (d)(2)(B)— (A) by inserting behavioral health treatment system, after hospital, ; (B) by striking or any other community-based and inserting a community-based ; and (C) by inserting or substance use disorder prevention and treatment, or a community-based organization with a history of partnership with programs in the field of domestic violence, dating violence, sexual assault, or stalking and health care, including physical or mental health care or substance use disorder prevention and treatment after mental health care ; (16) in subsection (g)— (A) by striking $10,000,000 and inserting $20,000,000 ; and (B) by striking 2014 through 2018 and inserting 2023 through 2027 ; and (17) in subsection (h)— (A) by striking herein ; and (B) by striking provided for . 502. Maternal mortality or morbidity study (a) Study The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Attorney General, the Director of the Indian Health Service, and other stakeholders (including community based organizations), shall conduct a study on the leading causes of pregnancy-associated morbidity and mortality and the extent which domestic violence, dating violence, sexual assault, or stalking throughout the United States contribute to the risk of maternal mortality or morbidity. (b) Reports Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Attorney General, the Director of the Indian Health Service, and other stakeholders (including community based organizations), shall report to Congress on the study conducted under subsection (a), which shall include the following: (1) An analysis of the extent to which domestic violence, dating violence, sexual assault, or stalking contribute to pregnancy-associated morbidity and mortality. (2) An analysis of the impact of domestic violence, dating violence, sexual assault, or stalking on access to health care. (3) A breakdown of individuals particularly impacted by domestic violence, dating violence, sexual assault, or stalking, by race and ethnicity, disability status, and sexual orientation and gender identity. (4) An analysis of the impact of domestic violence, dating violence, sexual assault, or stalking on Tribal communities and among Indians. (5) An assessment of the factors that increase risks for infant and maternal mortality or morbidity among victims of domestic violence, dating violence, sexual assault, or stalking. (6) Recommendations for legislative or policy changes to help reduce infant and maternal mortality rates. (7) Best practices to reduce pregnancy-related deaths among survivors of domestic violence, dating violence, sexual assault, or stalking. (8) Any other information on maternal mortality or morbidity the Secretary determines appropriate to include in the report. 503. Understanding sexual assault care in health systems (a) Purpose It is the purpose of this section to identify areas for improvement in health care delivery systems providing forensic examinations to survivors of sexual assault. (b) Grants The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall award grants to States and Indian Tribes to develop and implement State and Tribal surveys to identify— (1) the availability of, and patient access to, medical forensic examinations; (2) the training level of the health care providers who perform medical forensic examinations; (3) the hospitals or clinics that offer medical forensic examinations and whether each hospital or clinic has full-time, part-time, or on-call coverage; (4) barriers to medical forensic examinations provided through sexual assault care and services; (5) billing and reimbursement practices for medical forensic examinations; (6) State and Tribal requirements, minimum standards, and protocols for training sexual assault examiners for sexual assault forensic examiners and for other personnel involved in medical forensic examinations; (7) the availability of sexual assault forensic examiner training, the frequency of such training, the providers of such training, the State’s or Indian Tribe's role in such training, and the processes or procedures in place for continuing education of such examiners; and (8) the dedicated Federal and State funding available to support sexual assault forensic examiner training. (c) Eligibility To be eligible to receive a grant under this section, a State or Indian Tribe shall submit to the Secretary an application through a competitive process to be determined by the Secretary. (d) Public dissemination and campaign (1) Public availability The results of the surveys conducted under grants awarded under this section shall be published by the Secretary on the website of the Department of Health and Human Services on a biennial basis. (2) Campaigns A State or Indian Tribe that receives a grant under this section shall carry out the following activities: (A) Make the findings of the survey conducted using amounts received under the grant public, including a map showing health care providers who perform medical forensic examinations, based on the findings from the State and Tribal surveys under subsection (b)(3). (B) Use the findings to develop a strategic action plan to increase the number of trained medical forensic examiners available in the State or Tribal community and create policies to increase survivor access to trained examiners. (C) Use the findings to develop and implement a public awareness campaign that includes the following: (i) An online toolkit describing how and where sexual assault survivors can obtain assistance and care, including medical forensic examinations, in the State or Tribal community. (ii) A model standard response protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault. (iii) A model sexual assault response team protocol incorporating interdisciplinary community coordination between hospitals, emergency departments, hospital administration, local rape crisis programs, law enforcement, prosecuting attorneys, and other health and human service agencies and stakeholders with respect to delivering survivor-centered sexual assault care and medical forensic examinations. (iv) A notice of applicable laws prohibiting charging or billing survivors of sexual assault for care and services related to sexual assault. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2023 through 2027. 504. National report on sexual assault services in our nation’s health system (a) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women’s Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (collectively referred to in this section as the Agencies ), shall submit to the Secretary of Health and Human Services (referred to in this section as the Secretary ) a report of existing Federal, Indian Tribe, and State practices relating to medical forensic examinations which may include the findings of the surveys developed under section 503. (b) Core competencies In conducting activities under this section, the Agencies shall address sexual assault forensic examination competencies, including— (1) providing medical care to sexual assault patients; (2) demonstrating the ability to conduct a medical forensic examination, including an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and Tribal courts; and (5) other competencies, as the Agencies determine appropriate. (c) Publication The Agency for Healthcare Research and Quality shall establish, maintain, and publish on the website of the Department of Health and Human Services an online public map of availability of sexual assault forensic examinations. Such maps shall clarify if there is full-time, part-time, or on-call coverage. (d) Report to congress Not later than 60 days after receiving the report described in 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 and the Committee on Education and Labor of the House of Representatives recommendations for improving sexual assault forensic examination competencies based on the report described in subsection (a). 505. Improving and strengthening the sexual assault examiner workforce clinical and continuing education pilot program (a) Purpose It is the purpose of this section to establish a pilot program to develop, test, and implement training and continuing education that expands and supports the availability of medical forensic examination services for survivors of sexual assault. (b) Establishment (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish a National Continuing and Clinical Education Pilot Program for sexual assault forensic examiners, sexual assault nurse examiners, and other individuals who perform medical forensic examinations. (2) Consultation In establishing such program, the Secretary shall consult with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Violence Against Women of the Department of Justice, and the Office on Women’s Health of the Department of Health and Human Services, and shall solicit input from regional, national, and Tribal organizations with expertise in forensic nursing, rape trauma or crisis counseling, investigating rape and gender violence cases, survivors’ advocacy and support, sexual assault prevention education, rural health, and responding to sexual violence in Tribal communities. (c) Functions The pilot program established under subsection (b) shall develop, pilot, implement, and update, as appropriate, continuing and clinical education program modules, webinars, and programs for all hospitals and providers to increase access to medical forensic examination services and address ongoing competency issues in medical forensic examination services, including— (1) training and continuing education to help support sexual assault forensic examiners practicing in rural or underserved areas; (2) training to help connect sexual assault survivors who are Indian with sexual assault forensic examiners, including through emergency first aid, referrals, culturally competent support, and forensic evidence collection in rural communities; (3) replication of successful sexual assault forensic examination programs to help develop and improve the evidence base for medical forensic examinations; and (4) training to increase the number of medical professionals who are considered sexual assault forensic examiners based on the recommendations of the National Sexual Assault Forensic Examination Training Standards issued by the Office on Violence Against Women of the Department of Justice. (d) Eligibility to participate in pilot programs The Secretary shall ensure that medical forensic examination services provided under the pilot program established under subsection (b), and other medical forensic examiner services under the pilot program are provided by health care providers who are also one of the following: (1) A physician, including a resident physician. (2) A nurse practitioner. (3) A nurse midwife. (4) A physician assistant. (5) A certified nurse specialist. (6) A registered nurse. (7) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. (e) Nature of training The continuing education program established under this section shall incorporate and reflect current best practices and standards on medical forensic examination services consistent with the purpose of this section. (f) Availability After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all sexual assault forensic examiners and other providers employed by, or any individual providing services through, facilities that receive Federal funding. (g) Effective date The pilot program established under this section shall terminate on the date that is 2 years after the date of such establishment. (h) Authorization There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2025. 506. Expanding access to unified care (a) Establishment of program The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish a program (referred to in this section as the program ) to award grants to eligible entities for the clinical training of sexual assault forensic examiners (including registered nurses, nurse practitioners, nurse midwives, clinical nurse specialists, physician assistants, and physicians) to administer medical forensic examinations and treatments to survivors of sexual assault. (b) Purpose The purpose of the program is to enable each grant recipient to expand access to medical forensic examination services by providing new providers with the clinical training necessary to establish and maintain competency in such services and to test the provisions of such services at new facilities in expanded health care settings. (c) Grants Under the program, the Secretary shall award 3-year grants to eligible entities that meet the requirements established by the Secretary. (d) Eligible entities To be eligible to receive a grant under this section, an entity shall— (1) be— (A) a safety net clinic acting in partnership with a high-volume emergency services provider or a hospital currently providing sexual assault medical forensic examinations performed by sexual assault forensic examiners, that will use grant funds to— (i) assign rural health care service providers to the high-volume hospitals for clinical practicum hours to qualify such providers as sexual assault forensic examiners; or (ii) assign practitioners at high-volume hospitals to rural health care services providers to instruct, oversee, and approve clinical practicum hours in the community to be served; (B) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of such Code, that provides legal training and technical assistance to Tribal communities and to organizations and agencies serving Indians; or (C) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of whether the applicant will provide services described in subparagraph (A) or (B) of paragraph (1). (e) Grant amount Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. A grant recipient may carry over funds from one fiscal year to the next without obtaining approval from the Secretary. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2027. (2) Set-aside Of the amount appropriated under this subsection for a fiscal year, the Secretary shall reserve 15 percent of such amount for purposes of making grants to entities that are affiliated with Indian Tribes or Tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training. 507. Expanding access to forensics for victims of interpersonal violence (a) Definitions In this section: (1) Community health aide; community health practitioner The terms community health aide and community health practitioner have the meanings given such terms for purposes of section 119 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616l ). (2) Health care provider The term health care provider has the meaning given such term by the Secretary, and includes registered nurses, nurse practitioners, nurse midwives, clinical nurse specialists, physician assistants, and physicians. (3) Indian Tribe; Tribal organization The terms Indian Tribe and Tribal organization shall have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (5) Interpersonal violence The term interpersonal violence means any form of violence that is emotional and trauma-inducing for victims, families of victims, perpetrators, and communities. (6) Native Hawaiian organization The term Native Hawaiian organization has the meaning given such term in section 12 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11711 ). (7) Secretary The term Secretary means the Secretary of Health and Human Services. (8) Trauma-informed care The term trauma-informed care means care received by trauma survivors that is culturally competent in accordance with professional standards of practice and accounting for patients’ experiences and preferences in order to eliminate or mitigate triggers that may cause re-traumatization of the patient. (9) Urban Indian organization The term Urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (b) Demonstration grants for comprehensive forensic training (1) Establishment of program The Secretary shall establish a demonstration program to award grants to eligible entities for the clinical training of health care providers to provide generalist forensic services and trauma-informed care to survivors of interpersonal violence of all ages. (2) Purpose The purpose of the demonstration program under this subsection is to develop training and curriculum to provide health care providers with the skills to support the provision of forensic assessment and trauma-informed care to individuals, families, and communities that have experienced violence or trauma and to be available to collaborate with members of an inter-professional forensic team. (3) Term Grants under this subsection shall be for a term of 5 years. (4) Eligible entities To be eligible to receive a grant under this subsection, an entity shall— (A) be an institute of higher education, including a minority serving institution as described in section 371 of the Higher Education Act of 1965 ( 20 U.S.C. 1067q ); and (B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (5) Grant amount Each grant awarded under this subsection shall be in an amount that does not exceed $400,000 per year. A grant recipient may carry over funds from one fiscal year to the next without obtaining approval from the Secretary. (6) Authorization of appropriations (A) In general There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2023 through 2027. (B) Set-aside Of the amount appropriated under this paragraph for a fiscal year, the Secretary shall reserve 10 percent for purposes of making grants to support training and curricula that addresses the unique needs of Indian Tribes, Tribal organizations, Urban Indian organizations, and Native Hawaiian organizations. Amounts so reserved may be used to support training, referrals, and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training. (c) Technical assistance grants and learning collectives (1) In general The Secretary shall establish a State and Tribal forensic provider technical resource center to provide technical assistance and support collaboration and best practices for health care providers, community health aides, and community health practitioners to improve the quality of, and increase access to, forensic services for all survivors of interpersonal violence. The Secretary may enter into contracts with national experts for purposes of carrying out this subsection. (2) Authorization of appropriations There is authorized to be appropriated to carry out this subsection, $2,000,000 for each of fiscal years 2023 through 2027. (d) National report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Office for Victims of Crime of the Department of Justice, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office on Women’s Health of the Department of Health and Human Services, and the Office on Violence Against Women of the Department of Justice shall jointly submit to the Secretary a report on the need for, throughout the States, Indian Tribes, and territories— (1) access to generalist medical forensic services, evidence collection, and documentation that aids in meeting the needs of health care patients and improves future law enforcement investigation and prosecution; and (2) data for research to support the response to and prevention of interpersonal violence, improved ability of health care providers to adequately respond to patients who exhibit signs of victimization, and address the unique needs of Tribal communities. VI Safe homes for victims 601. Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking Section 41411(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(a) ) is amended— (1) in paragraph (1)(A), by striking brother, sister, and inserting sibling, ; and (2) in paragraph (3)— (A) in subparagraph (A), by inserting before the semicolon at the end the following: , including the direct loan program under such section ; (B) in subparagraph (D), by striking the program under subtitle A of and inserting the programs under ; (C) in subparagraph (I)— (i) by striking sections 514, 515, 516, 533, and 538 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485, 1486, 1490m, and 1490p–2) and inserting sections 514, 515, 516, 533, 538, and 542 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485, 1486, 1490m, 1490p–2, 1490r) ; and (ii) by striking and at the end; (D) in subparagraph (J), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: (K) the provision of assistance from the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4501 ); (L) the provision of assistance for housing under the Comprehensive Service Programs for Homeless Veterans program under subchapter II of chapter 20 of title 38, United States Code; (M) the provision of assistance for housing and facilities under the grant program for homeless veterans with special needs under section 2061 of title 38, United States Code; (N) the provision of assistance for permanent housing under the program for financial assistance for supportive services for very low-income veteran families in permanent housing under section 2044 of title 38, United States Code; (O) the provision of transitional housing assistance for victims of domestic violence, dating violence, sexual assault, or stalking under the grant program under chapter 11 of subtitle B; and (P) any other Federal housing programs providing affordable housing to low- and moderate-income persons by means of restricted rents or rental assistance, or more generally providing affordable housing opportunities, as identified by the appropriate agency through regulations, notices, or any other means. . 602. Ensuring compliance and implementation; prohibiting retaliation against victims Chapter 2 of subtitle N of title IV of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491 et seq. ) is amended by inserting after section 41411 the following: 41412. Compliance reviews (a) Regular compliance reviews (1) In general Each appropriate agency shall establish a process by which to review compliance with the requirements of this subtitle, which shall— (A) where possible, be incorporated into other existing compliance review processes of the appropriate agency, in consultation with the Gender-based Violence Prevention Office and Violence Against Women Act Director described in section 41413 and any other relevant officials of the appropriate agency; and (B) examine— (i) compliance with requirements prohibiting the denial of assistance, tenancy, or occupancy rights on the basis of domestic violence, dating violence, sexual assault, or stalking; (ii) compliance with confidentiality provisions set forth in section 41411(c)(4); (iii) compliance with the notification requirements set forth in section 41411(d)(2); (iv) compliance with the provisions for accepting documentation set forth in section 41411(c); (v) compliance with emergency transfer requirements set forth in section 41411(e); and (vi) compliance with the prohibition on retaliation set forth in section 41414. (2) Frequency Each appropriate agency shall conduct the review described in paragraph (1) on a regular basis, as determined by the appropriate agency. (b) Regulations (1) In general Not later than 2 years after the date of enactment of the Violence Against Women Act Reauthorization Act of 2022 , each appropriate agency shall issue regulations in accordance with section 553 of title 5, United States Code, to implement subsection (a) of this section, which shall— (A) define standards of compliance under covered housing programs; (B) include detailed reporting requirements, including the number of emergency transfers requested and granted, as well as the length of time needed to process emergency transfers; and (C) include standards for corrective action plans where compliance standards have not been met. (2) Consultation In developing the regulations under paragraph (1), an appropriate agency shall engage in additional consultation with appropriate stakeholders including, as appropriate— (A) individuals and organizations with expertise in the housing needs and experiences of victims of domestic violence, dating violence, sexual assault and stalking; and (B) individuals and organizations with expertise in the administration or management of covered housing programs, including industry stakeholders and public housing agencies. (c) Public disclosure Each appropriate agency shall ensure that an agency-level assessment of the information collected during the compliance review process completed pursuant to this subsection— (1) includes an evaluation of each topic identified in subsection (a); and (2) is made publicly available. 41413. Department of Housing and Urban Development Gender-based Violence Prevention Office and Violence Against Women Act Director (a) Establishment The Secretary of Housing and Urban Development shall establish a Gender-based Violence Prevention Office with a Violence Against Women Act Director (in this section referred to as the Director ). (b) Duties The Director shall, among other duties— (1) support implementation of this chapter; (2) coordinate with Federal agencies on legislation, implementation, and other issues affecting the housing provisions under this subtitle, as well as other issues related to advancing housing protections for victims of domestic violence, dating violence, sexual assault, and stalking; (3) coordinate with State and local governments and agencies, including State housing finance agencies, regarding advancing housing protections and access to housing for victims of domestic violence, dating violence, sexual assault, and stalking; (4) ensure that technical assistance and support are provided to each appropriate agency and housing providers regarding implementation of this subtitle, as well as other issues related to advancing housing protections for victims of domestic violence, dating violence, sexual assault, and stalking, including compliance with this subtitle; (5) implement internal systems to track, monitor, and address compliance failures; and (6) address the housing needs and barriers faced by victims of sexual assault, as well as sexual coercion and sexual harassment by a public housing agency or owner or manager of housing assisted under a covered housing program. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2023 through 2027. 41414. Prohibition on retaliation (a) Non-retaliation requirement No public housing agency or owner or manager of housing assisted under a covered housing program shall discriminate against any person because that person has opposed any act or practice made unlawful by this subtitle, or because that person testified, assisted, or participated in any matter related to this chapter. (b) Prohibition on coercion No public housing agency or owner or manager of housing assisted under a covered housing program shall coerce, intimidate, threaten, or interfere with, or retaliate against, any person in the exercise or enjoyment of, on account of the person having exercised or enjoyed, or on account of the person having aided or encouraged any other person in the exercise or enjoyment of, any rights or protections under this chapter, including— (1) intimidating or threatening any person because that person is assisting or encouraging a person entitled to claim the rights or protections under this chapter; and (2) retaliating against any person because that person has participated in any investigation or action to enforce this chapter. (c) Implementation The Secretary of Housing and Urban Development and the Attorney General shall implement and enforce this chapter consistent with, and in a manner that provides, the rights and remedies provided for in title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ). . 603. Protecting the right to report crime from one’s home Chapter 2 of subtitle N of title IV of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491 et seq. ), as amended by this Act, is further amended by inserting after section 41414 the following: 41415. Right to report crime and emergencies from one’s home (a) Definition In this section, the term covered governmental entity means any municipal, county, or State government that receives funding under section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ). (b) Right to report (1) In general Landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing— (A) shall have the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance; and (B) shall not be penalized based on their requests for assistance or based on criminal activity of which they are a victim or otherwise not at fault under statutes, ordinances, regulations, or policies adopted or enforced by covered governmental entities. (2) Prohibited penalties Penalties that are prohibited under paragraph (1) include— (A) actual or threatened assessment of monetary or criminal penalties, fines, or fees; (B) actual or threatened eviction; (C) actual or threatened refusal to rent or renew tenancy; (D) actual or threatened refusal to issue an occupancy permit or landlord permit; and (E) actual or threatened closure of the property, or designation of the property as a nuisance or a similarly negative designation. (c) Reporting Consistent with the process described in section 104(b) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(b) ), covered governmental entities shall— (1) report any of their laws or policies, or, as applicable, the laws or policies adopted by subgrantees, that impose penalties on landlords, homeowners, tenants, residents, occupants, guests, or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property; and (2) certify that they are in compliance with the protections under this subtitle or describe the steps the covered governmental entities will take within 180 days to come into compliance, or to ensure compliance among subgrantees. (d) Implementation The Secretary of Housing and Urban Development and the Attorney General shall implement and enforce this chapter consistent with, and in a manner that provides, the same rights and remedies as those provided for in title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ). (e) Subgrantees For those covered governmental entities that distribute funds to subgrantees, compliance with subsection (c)(1) includes inquiring about the existence of laws and policies adopted by subgrantees that impose penalties on landlords, homeowners, tenants, residents, occupants, guests, or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property. . 604. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking Section 40299 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12351 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1)— (A) by striking the Director of the Violence Against Women Office and inserting the Director of the Office on Violence Against Women ; and (B) by inserting after , other nonprofit, nongovernmental organizations the following: , population-specific organizations ; and (2) in subsection (g)— (A) in paragraph (1), by striking 2014 through 2018 and inserting 2023 through 2027 ; (B) by striking paragraph (2); (C) by redesignating paragraph (3) as paragraph (2); and (D) in paragraph (2)(B), as so redesignated, by striking 0.25 percent and inserting 0.5 percent . 605. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking (a) McKinney-Vento homeless assistance grants The McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. ) is amended— (1) in section 103 ( 42 U.S.C. 11302 ), by amending subsection (b) to read as follows: (b) Domestic violence, dating violence, sexual assault, stalking, and other dangerous, traumatic, or life-threatening conditions relating to such violence Notwithstanding any other provision of this section, the Secretary shall consider to be homeless any individual or family who— (1) is experiencing trauma or a lack of safety related to, or fleeing or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous, traumatic, or life-threatening conditions related to the violence against the individual or a family member in the individual’s or family’s current housing situation, including where the health and safety of children are jeopardized; (2) has no other safe residence; and (3) lacks the resources to obtain other safe permanent housing. ; and (2) in section 423(a) ( 42 U.S.C. 11383(a) ), by adding at the end the following: (13) Facilitating and coordinating activities to ensure compliance with subsection (e) of section 41411 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491 ) and monitoring compliance with the confidentiality protections of subsection (c)(4) of such section. . (b) Collaborative grants To increase the long-term stability of victims Section 41404(i) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12474(i) ) is amended by striking 2014 through 2018 and inserting 2023 through 2027 . (c) Grants To combat violence against women in public and assisted housing Section 41405 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12475 ) is amended— (1) in subsection (b)(1), by striking the Director of the Violence Against Women Office and inserting the Director of the Office on Violence Against Women ; (2) in subsection (c)(2)(D), by inserting after linguistically and culturally specific service providers, the following: population-specific organizations, ; and (3) in subsection (g), by striking 2014 through 2018 and inserting 2023 through 2027 . (d) VAWA training and technical assistance grants Chapter 2 of subtitle N of title IV of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491 et seq. ), as amended by this Act, is further amended by inserting after section 41415 the following: 41416. Training and technical assistance grants There is authorized to be appropriated to the Secretary of Housing and Urban Development such sums as may be necessary for fiscal years 2023 through 2027 to be used for training and technical assistance to support the implementation of this chapter, including technical assistance agreements with entities whose primary purpose and expertise is assisting survivors of sexual assault and domestic violence or providing culturally specific services to victims of domestic violence, dating violence, sexual assault, and stalking. . 606. Study and report on housing and service needs of survivors of trafficking and individuals at risk for trafficking (a) Definitions In this section: (1) Survivor of a severe form of trafficking The term survivor of a severe form of trafficking has the meaning given the term victim of a severe form of trafficking in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (2) Survivor of trafficking The term survivor of trafficking has the meaning given the term victim of trafficking in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (b) Study (1) In general The Secretary of Housing and Urban Development shall conduct a study assessing the availability and accessibility of housing and services for individuals experiencing homelessness or housing instability who are— (A) survivors of trafficking, including survivors of a severe form of trafficking; or (B) at risk of being trafficked. (2) Coordination and consultation In conducting the study required under paragraph (1), the Secretary shall— (A) coordinate with— (i) the Interagency Task Force to Monitor and Combat Trafficking established under section 105 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103 ); (ii) the United States Advisory Council on Human Trafficking; (iii) the Secretary of Health and Human Services; and (iv) the Attorney General; and (B) consult with— (i) the National Advisory Committee on the Sex Trafficking of Children and Youth in the United States; (ii) survivors of trafficking; (iii) direct service providers, including— (I) organizations serving runaway and homeless youth; (II) organizations serving survivors of trafficking through community-based programs; and (III) organizations providing housing services to survivors of trafficking; and (iv) housing and homelessness assistance providers, including recipients of grants under— (I) the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ); and (II) the Emergency Solutions Grants program authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11371 et seq. ). (3) Contents The study conducted pursuant to paragraph (1) shall include— (A) with respect to the individuals described in such paragraph— (i) an evaluation of formal assessments and outreach methods used to identify and assess the housing and service needs of such individuals, including outreach methods— (I) to ensure effective communication with individuals with disabilities; and (II) to reach individuals with limited English proficiency; (ii) a review of the availability and accessibility of homelessness or housing services for such individuals, including the family members of such individuals who are minors involved in foster care systems, that identifies the disability-related needs of such individuals, including the need for housing with accessibility features; (iii) an analysis of the effect of any policies and procedures of mainstream homelessness or housing services that facilitate or limit the availability of such services and accessibility for such individuals, including those such individuals who are involved in the legal system, as such services are in effect as of the date on which the study is conducted; (iv) a determination of the best practices in meeting the housing and service needs of such individuals; and (v) an assessment of barriers to fair housing and housing discrimination against survivors of trafficking who are members of a protected class under the Fair Housing Act ( 42 U.S.C. 3601 et seq. ); (B) an assessment of the ability of mainstream homelessness or housing services to meet the specialized needs of survivors of trafficking, including trauma responsive approaches specific to labor and sex trafficking survivors; and (C) an evaluation of the effectiveness of, and infrastructure considerations for, housing and service-delivery models that are specific to survivors of trafficking, including survivors of severe forms of trafficking, including emergency rental assistance models. (c) Report Not later than 18 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall— (1) submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that contains the information described in subparagraphs (A) through (C) of subsection (b)(3); and (2) make the report submitted pursuant to paragraph (1) available to the public. VII Economic Security for Victims 701. Findings Congress finds the following: (1) Over 1 in 3 women experience sexual violence, and 1 in 5 women have survived completed or attempted rape. Such violence has a devastating impact on women’s physical and emotional health, financial security, and ability to maintain their jobs, and thus impacts interstate commerce and economic security. (2) Homicide is one of the leading causes of death for women on the job. Domestic partners or relatives commit 43 percent of workplace homicides against women. One study found that intimate partner violence resulted in 142 homicides among women at work in the United States from 2003 to 2008, a figure which represents 22 percent of the 648 workplace homicides among women during the period. In fact, in 2010, homicides against women at work increased by 13 percent despite continuous declines in overall workplace homicides in recent years. (3) Violence can have a dramatic impact on the survivor of such violence. Studies indicate that 44 percent of surveyed employed adults experienced the effect of domestic violence in the workplace, and 64 percent indicated their workplace performance was affected by such violence. Another recent survey found that 78 percent of offenders used workplace resources to express anger, check up on, pressure, or threaten a survivor. Sexual assault, whether occurring in or out of the workplace, can impair an employee’s work performance, require time away from work, and undermine the employee’s ability to maintain a job. Nearly 50 percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults. (4) Studies find that 60 percent of single women lack economic security and 81 percent of households with single mothers live in economic insecurity. Significant barriers that survivors confront include access to housing, transportation, and child care. Ninety-two percent of homeless women have experienced domestic violence, and more than 50 percent of such women cite domestic violence as the direct cause for homelessness. Survivors are deprived of their autonomy, liberty, and security, and face tremendous threats to their health and safety. (5) The Centers for Disease Control and Prevention report that survivors of severe intimate partner violence lose nearly 8,000,000 days of paid work, which is the equivalent of more than 32,000 full-time jobs and almost 5,600,000 days of household productivity each year. Therefore, women disproportionately need time off to care for their health or to find safety solutions, such as obtaining a restraining order or finding housing, to avoid or prevent further violence. (6) Annual costs of intimate partner violence are estimated to be more than $8,300,000,000. According to the Centers for Disease Control and Prevention, the costs of intimate partner violence against women in 1995 exceeded an estimated $5,800,000,000. These costs included nearly $4,100,000,000 in the direct costs of medical and mental health care and nearly $1,800,000,000 in the indirect costs of lost productivity. These statistics are generally considered to be underestimated because the costs associated with the criminal justice system are not included. (7) Fifty-five percent of senior executives recently surveyed said domestic violence has a harmful effect on their company’s productivity, and more than 70 percent said domestic violence negatively affects attendance. Seventy-eight percent of human resources professionals consider partner violence a workplace issue. However, more than 70 percent of United States workplaces have no formal program or policy that addresses workplace violence, let alone domestic violence. In fact, only 4 percent of employers provided training on domestic violence. (8) Harassment is a persistent and significant problem in the workplace in the United States, and the Equal Employment Opportunity Commission found that not less than 25 percent, and as many as 85 percent, of women surveyed report having experienced sexual harassment at work. (9) For decades, survivors of sexual violence have come forward to seek justice and demand their right to be free from violence, harassment, and other forms of discrimination. These calls for change reached a tipping point after October 2017 as a result of Tarana Burke’s work and #MeToo going viral. Thousands of courageous individuals, from Hollywood to the halls of Congress and the military, to restaurants, agricultural fields, and factory floors, shined a light on the pervasive and insidious nature of workplace harassment and sexual assault. (10) Working people can be subjected to multiple forms of harassment in the workplace at the same time. (11) According to the Equal Employment Opportunity Commission, approximately 3 out of 4 individuals who experience harassment never talked to a supervisor, manager, or union representative about the harassing conduct. (12) The impact of domestic violence, dating violence, sexual assault, and stalking on the workplace is a part of the challenge of workplace harassment. (13) Studies indicate that one of the best predictors of whether a survivor will be able to stay away from his or her abuser is the degree of his or her economic independence. However, domestic violence, dating violence, sexual assault, and stalking often negatively impact a survivor’s ability to maintain employment. (14) Abusers frequently seek to exert financial control over their partners by actively interfering with their ability to work, including preventing their partners from going to work, harassing their partners at work, limiting their partners’ access to cash or transportation, and sabotaging their partners’ child care arrangements. (15) Economic abuse refers to behaviors that control an intimate partner’s ability to acquire, use, and maintain access to money, credit, ownership of assets, or governmental or private financial benefits, including defaulting on joint obligations (such as school loans, credit card debt, mortgages, or rent). Other forms of such abuse may include preventing someone from attending school, threatening to or actually terminating employment, controlling or withholding access to cash, checking, or credit accounts, and attempting to damage or sabotage the creditworthiness of an intimate partner, including forcing an intimate partner to write bad checks, forcing an intimate partner to default on payments related to household needs, such as housing, or forcing an intimate partner into bankruptcy. (16) This title aims to empower survivors of domestic violence, dating violence, sexual assault, or stalking to be free from violence, hardship, and control, which restrains basic human rights to freedom and safety in the United States. 702. National Resource Center on workplace responses to assist victims of domestic and sexual violence Section 41501 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12501 ) is amended— (1) in subsection (a)— (A) by inserting and sexual harassment after domestic and sexual violence ; and (B) by striking employers and labor organizations and inserting employers, labor organizations, and victim service providers ; and (2) in subsection (b)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3) by striking and stalking and inserting stalking, and sexual harassment ; (3) in subsection (c)(1), by inserting or sexual harassment before the period at the end; (4) in subsection (c)(2)(A), by inserting or sexual harassment after sexual violence ; (5) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; (6) by inserting after subsection (d) the following: (e) Pathways to opportunity pilot project An eligible nonprofit nongovernmental entity or tribal organization that receives a grant under this section may develop a plan to enhance the capacity of survivors to obtain and maintain employment, including through the implementation of a demonstration pilot program to be known as Pathways to Opportunity , which shall— (1) build collaborations between and among victim service providers, workforce development programs, and educational and vocational institutions to provide trauma informed programming to support survivors seeking employment; and (2) be centered around culturally specific organizations or organizations that primarily serve populations traditionally marginalized in the workplace. ; (7) in subsection (f), as so redesignated, by striking $1,000,000 for each of fiscal years 2014 through 2018 and inserting $2,000,000 for each of fiscal years 2023 through 2027 . 703. Provisions related to the Temporary Assistance for Needy Families Program (a) TANF personnel training (1) In general Section 402(a) of the Social Security Act ( 42 U.S.C. 602(a) ) is amended by adding at the end the following new paragraph: (8) Certification that the State will provide information to victims of sexual harassment or survivors of domestic violence, sexual assault, or stalking (A) In general A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to— (i) ensure that applicants and potential applicants for assistance under the State program funded under this part are notified of assistance made available by the State to victims of sexual harassment and survivors of domestic violence, sexual assault, or stalking; (ii) ensure that case workers and other agency personnel responsible for administering the State program funded under this part are trained in— (I) the nature and dynamics of sexual harassment and domestic violence, sexual assault, and stalking; (II) State standards and procedures relating to the prevention of, and assistance for, individuals who are victims of sexual harassment or survivors of domestic violence, sexual assault, or stalking; and (III) methods of ascertaining and ensuring the confidentiality of personal information and documentation related to applicants for assistance and their children who have provided notice about their experiences of sexual harassment, domestic violence, sexual assault, or stalking; and (iii) ensure that, if a State has elected to establish and enforce standards and procedures regarding the screening for, and identification of, domestic violence, sexual assault, or stalking pursuant to paragraph (7)— (I) the State program funded under this part provides information about the options under this part to current and potential beneficiaries; and (II) case workers and other agency personnel responsible for administering the State program funded under this part are provided with training regarding State standards and procedures pursuant to paragraph (7). (B) Definitions For purposes of this paragraph— (i) the term sexual harassment means hostile, intimidating, or oppressive behavior based on sex that creates an offensive work environment; (ii) the term domestic violence has the meaning given such term in paragraph (7); and (iii) the terms sexual assault and stalking have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). . (2) Implementation Not later than 1 year after the date of enactment of this Act, each State shall submit the certification required under paragraph (8) of subsection (a) of section 402 of the Social Security Act ( 42 U.S.C. 602 ), as added by paragraph (1), in the form of an amendment to the State’s plan submitted under such section. A State shall not be regarded as failing to comply with the requirement of such paragraph (8) before the date that is 1 year after the date of enactment of this Act. (b) National grant program for developing a model training program for TANF personnel training (1) Grants authorized (A) Model training program The Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall— (i) develop and disseminate a model training program (and related materials) for the training required under section 402(a)(8) of the Social Security Act, and if the State so elects, section 402(a)(7) of such Act; and (ii) provide technical assistance with respect to such model training program to eligible States (as defined in section 402 of the Social Security Act). (B) Grants In developing the model training program under subparagraph (A)(i), the Secretary may award grants and contracts and may develop such program in cooperation with an eligible partner. (2) Eligible partner defined For purposes of paragraph (1), the term eligible partner means an entity that is— (A) a State or tribal domestic violence coalition or sexual assault coalition; or (B) a State or local victim service provider with recognized expertise in the dynamics of domestic violence, sexual assault, or stalking whose primary mission is to provide services to survivors of domestic violence, sexual assault, or stalking, including a rape crisis center or domestic violence program. (3) Report (A) Report to congress Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the program established under this subsection. (B) Report available to public The Secretary shall establish procedures for the dissemination to the public of the report submitted under subparagraph (A) not later than 10 days after the submission of such report to Congress under such subparagraph. Such procedures shall include the use of the internet to disseminate such report. (4) Authorization of appropriations There are authorized to be appropriated $3,000,000 to carry out this section for each of fiscal years 2023 through 2027. 704. Study and reports on barriers to survivors’ economic security access (a) Study The Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall conduct a study on the barriers that survivors of domestic violence, dating violence, sexual assault, or stalking throughout the United States experience in maintaining economic security, including the impact of the COVID–19 pandemic on such victims’ ability to maintain economic security, as a result of issues related to domestic violence, dating violence, sexual assault, or stalking. (b) Reports Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall submit a report to Congress on the study conducted under subsection (a). (c) Contents The study and reports under this section shall include— (1) identification of geographic areas in which State laws, regulations, and practices have a strong impact on the ability of survivors of domestic violence, dating violence, sexual assault, or stalking to exercise— (A) any rights under this title (including any amendments made by this title) without compromising personal safety or the safety of others, including family members and excluding the abuser; and (B) other components of economic security, including financial empowerment, affordable housing, transportation, health care access, credit history, and quality education and training opportunities; (2) identification of geographic areas with shortages in resources for such survivors, with an accompanying analysis of the extent and impact of such shortage; (3) analysis of the unique barriers faced by such survivors living in rural communities; (4) analysis of factors related to industries, workplace settings, employer practices, trends, and other elements that impact the ability of such survivors to exercise any rights under this Act (including any amendments made by this Act) without compromising personal safety or the safety of others, including family members; (5) the recommendations of the Secretary of Health and Human Services and the Secretary of Labor with respect to resources, oversight, and enforcement tools to ensure successful implementation of the provisions of this Act in order to support the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking; (6) best practices for States, employers, health carriers, insurers, and other private entities in addressing issues related to domestic violence, dating violence, sexual assault, or stalking; and (7) barriers that impede victims’ ability to pursue legal action, including legal costs and filing fees, and complexities of the jurisdiction of law enforcement agencies. 705. GAO Study Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that examines, with respect to survivors of domestic violence, dating violence, sexual assault, or stalking who are, or were, enrolled at institutions of higher education and borrowed a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) for which the survivors have not repaid the total interest and principal due, each of the following: (1) The implications of domestic violence, dating violence, sexual assault, or stalking on a borrower's ability to repay their Federal student loans. (2) The adequacy of policies and procedures regarding Federal student loan deferment, forbearance, and grace periods when a survivor has to suspend or terminate the survivor's enrollment at an institution of higher education due to domestic violence, dating violence, sexual assault, or stalking. (3) The adequacy of institutional policies and practices regarding retention or transfer of credits when a survivor has to suspend or terminate the survivor's enrollment at an institution of higher education due to domestic violence, dating violence, sexual assault, or stalking. (4) The availability or any options for a survivor of domestic violence, dating violence, sexual assault, or stalking who attended an institution of higher education that committed unfair, deceptive, or abusive acts or practices, or otherwise substantially misrepresented information to students, to be able to seek a defense to repayment of the survivor's Federal student loan. (5) The limitations faced by a survivor of domestic violence, dating violence, sexual assault, or stalking to obtain any relief or restitution on the survivor's Federal student loan debt due to the use of forced arbitration, gag orders, or bans on class actions. VIII Safety for Indian women A Tools to enhance public safety for Indian Tribes 801. Findings and purposes (a) Findings Congress finds that— (1) American Indians and Alaska Natives are— (A) 2.5 times as likely to experience violent crimes; and (B) at least 2 times more likely to experience rape or sexual assault crimes; (2) more than 4 in 5 American Indian and Alaska Native women have experienced violence in their lifetime; (3) the vast majority of American Indian and Alaska Native victims of violence—96 percent of women victims and 89 percent of male victims—have experienced sexual violence by a non-Indian perpetrator at least once in their lifetime; (4) Indian Tribes exercising special domestic violence criminal jurisdiction over non-Indians pursuant to section 204 of Public Law 90–284 ( 25 U.S.C. 1304 ) (commonly known as the Indian Civil Rights Act of 1968 ), restored by section 904 of the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ; 127 Stat. 120), have reported significant success holding violent offenders accountable for crimes of domestic violence, dating violence, and civil protection order violations; (5) Tribal prosecutors for Indian Tribes exercising special domestic violence criminal jurisdiction report that the majority of domestic violence cases involve children either as witnesses or victims, and the Department of Justice reports that American Indian and Alaska Native children suffer exposure to violence at one of the highest rates in the United States; (6) childhood exposure to violence can have immediate and long-term effects, including increased rates of altered neurological development, poor physical and mental health, poor school performance, substance abuse, and overrepresentation in the juvenile justice system; (7) according to the Centers for Disease Control and Prevention, homicide is— (A) the third leading cause of death among American Indian and Alaska Native women between 10 and 24 years of age; and (B) the fifth leading cause of death for American Indian and Alaska Native women between 25 and 34 years of age; (8) in some areas of the United States, Native American women are murdered at rates more than 10 times the national average; (9) according to a 2017 report by the Department of Justice, 66 percent of criminal prosecutions for crimes in Indian country that United States Attorneys declined to prosecute involved assault, murder, or sexual assault; (10) investigation into cases of missing or murdered Indigenous women is made difficult for Tribal law enforcement agencies due to a lack of resources, including a lack of— (A) necessary personnel, training, equipment, or funding; (B) interagency cooperation; (C) appropriate laws in place; and (D) access to Federal law enforcement databases; (11) domestic violence calls are among the most dangerous calls that law enforcement receives; (12) the complicated jurisdictional scheme that exists in Indian country— (A) has a significant impact on public safety in Indian communities; (B) according to Tribal justice officials, has been increasingly exploited by criminals; and (C) requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement officials; (13) restoring and enhancing Tribal capacity to address violence against women provides for greater local control, safety, accountability, and transparency; (14) Indian Tribes with restrictive settlement Acts, such as Indian Tribes in the State of Maine, and Indian Tribes located in States with concurrent authority to prosecute crimes in Indian country under the amendments made by the Act of August 15, 1953 (67 Stat. 590, chapter 506), face unique public safety challenges; and (15) Native Hawaiians experience a disproportionately high rate of human trafficking, with 64 percent of human trafficking victims in the State of Hawai’i identifying as at least part Native Hawaiian. (b) Purposes The purposes of this subtitle are— (1) to clarify the responsibilities of Federal, State, Tribal, and local law enforcement agencies with respect to responding to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, crimes against children, and assault against Tribal law enforcement officers; (2) to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies; (3) to empower Tribal governments and Native American communities, including urban Indian communities and Native Hawaiian communities, with the resources and information necessary to effectively respond to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, and missing or murdered Native Americans; and (4) to increase the collection of data related to missing or murdered Native Americans and the sharing of information among Federal, State, Tribal, and local officials responsible for responding to and investigating crimes impacting Indian Tribes and Native American communities, including urban Indian communities and Native Hawaiian communities, especially crimes relating to cases of missing or murdered Native Americans. 802. Tribal Access Program (a) Access to national crime information databases by Indian Tribes Section 233(b) of the Tribal Law and Order Act of 2010 ( 34 U.S.C. 41107 ) is amended— (1) by striking paragraph (1) and inserting the following: (1) In general The Attorney General shall ensure that— (A) tribal law enforcement officials that meet applicable Federal or State requirements shall be permitted access to national crime information databases; and (B) technical assistance and training is provided to Bureau of Indian Affairs and tribal law enforcement agencies to gain access to, and the ability to use and input information into, the National Crime Information Center and other national crime information databases pursuant to section 534 of title 28, United States Code. ; and (2) in paragraph (3), by striking with criminal jurisdiction over Indian country . (b) Acquisition, preservation, and exchange of identification records and information Section 534(d) of title 28, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated) by striking The Attorney General and inserting the following: (1) In general The Attorney General ; and (3) by adding at the end the following: (2) Tribal Access Program (A) In general The Attorney General shall establish a program, to be known as the Tribal Access Program , to enhance the ability of tribal governments and their authorized agencies to access, enter information into, and obtain information from national criminal information databases under this section. (B) Authorization of appropriations There is authorized to be appropriated to carry out the Tribal Access Program under subparagraph (A) $6,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. (3) Information sharing To the extent otherwise permitted by law, any report issued as a result of the analysis of information entered into national criminal information databases or obtained from Federal criminal databases shall be shared with each Indian tribe of jurisdiction, including Indian tribes located in the State of Maine. . (c) Identification records The second paragraph of the matter under the heading Salaries and expenses under the heading Federal Bureau of Investigation of the Department of Justice Appropriation Act, 1973 ( 34 U.S.C. 41101 ) is amended— (1) by inserting or Tribal after if authorized by State ; and (2) by inserting , Tribal, before and local governments . 803. Bureau of Prisons Tribal Prisoner Program Section 234(c) of the Tribal Law and Order Act of 2010 ( 25 U.S.C. 1302 note; Public Law 111–211 ) is amended— (1) in the subsection heading, by striking Pilot ; (2) by striking pilot each place it appears; (3) in paragraph (1), by striking Not later than 120 days after the date of enactment of this title and inserting Not later than 120 days after the date of enactment of the Violence Against Women Act Reauthorization Act of 2022 ; (4) in paragraph (2)(B), by striking 2 or more years and inserting 1 or more years ; and (5) by striking paragraphs (5) and (6). 804. Tribal jurisdiction over covered crimes Section 204 of Public Law 90–284 ( 25 U.S.C. 1304 ) (commonly known as the Indian Civil Rights Act of 1968 ) is amended— (1) in the section heading, by striking crimes of domestic violence and inserting covered crimes ; (2) by striking special domestic violence criminal jurisdiction each place it appears and inserting special Tribal criminal jurisdiction ; (3) in subsection (a)— (A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (6), (7), (8), (10), (11), (14), and (15), respectively; (B) by inserting before paragraph (6) (as so redesignated) the following: (1) Assault of Tribal justice personnel The term assault of Tribal justice personnel means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the use, attempted use, or threatened use of physical force against an individual authorized to act for, or on behalf of, that Indian tribe or serving that Indian tribe during, or because of, the performance or duties of that individual in— (A) preventing, detecting, investigating, making arrests relating to, making apprehensions for, or prosecuting a covered crime; (B) adjudicating, participating in the adjudication of, or supporting the adjudication of a covered crime; (C) detaining, providing supervision for, or providing services for persons charged with a covered crime; or (D) incarcerating, supervising, providing treatment for, providing rehabilitation services for, or providing reentry services for persons convicted of a covered crime. (2) Child The term child means a person who has not attained the lesser of— (A) the age of 18; and (B) except in the case of sexual abuse, the age specified by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. (3) Child violence The term child violence means the use, threatened use, or attempted use of violence against a child proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. (4) Coercion; commercial sex act The terms coercion and commercial sex act have the meanings given the terms in section 1591(e) of title 18, United States Code. (5) Covered crime The term covered crime means— (A) assault of Tribal justice personnel; (B) child violence; (C) dating violence; (D) domestic violence; (E) obstruction of justice; (F) sexual violence; (G) sex trafficking; (H) stalking; and (I) a violation of a protection order. ; (C) in paragraph (6) (as so redesignated), by striking violence committed and inserting any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed ; (D) by striking paragraph (7) (as so redesignated) and inserting the following: (7) Domestic violence The term domestic violence means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed by— (A) a current or former spouse or intimate partner of the victim; (B) a person with whom the victim shares a child in common; (C) a person who is cohabitating with or who has cohabitated with the victim as a spouse or intimate partner; or (D) a person similarly situated to a spouse of the victim under the domestic- or family-violence laws of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. ; (E) by inserting after paragraph (8) (as so redesignated) the following: (9) Obstruction of justice The term obstruction of justice means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves interfering with the administration or due process of the laws of the Indian tribe, including any Tribal criminal proceeding or investigation of a crime. ; (F) by inserting after paragraph (11) (as so redesignated) the following: (12) Sex trafficking The term sex trafficking means conduct within the meaning of section 1591(a) of title 18, United States Code. (13) Sexual violence The term sexual violence means any nonconsensual sexual act or contact proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs, including in any case in which the victim lacks the capacity to consent to the act. ; (G) in paragraph (14) (as so redesignated), in the paragraph heading, by striking Special domestic violence criminal jurisdiction and inserting Special Tribal criminal jurisdiction ; and (H) by adding at the end the following: (16) Stalking The term stalking means engaging in a course of conduct directed at a specific person proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that would cause a reasonable person— (A) to fear for the person’s safety or the safety of others; or (B) to suffer substantial emotional distress. (17) Violation of a protection order The term violation of a protection order means an act that— (A) occurs in the Indian country of a participating tribe; and (B) violates a provision of a protection order that— (i) prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; (ii) was issued against the defendant; (iii) is enforceable by the participating tribe; and (iv) is consistent with section 2265(b) of title 18, United States Code. ; (4) in subsection (b)(1), by inserting after the powers of self-government of a participating tribe the following: , including any participating tribes in the State of Maine, ; (5) in subsection (b)(4)— (A) in the paragraph heading, by striking Exceptions and inserting Exception if victim and defendant are both non-Indians ; (B) in subparagraph (A)(i), by inserting , other than obstruction of justice or assault of Tribal justice personnel, after over an alleged offense ; (C) by striking subparagraph (B); (D) in subparagraph (A)— (i) by striking the subparagraph designation and heading and all that follows through A participating in clause (i) and inserting the following: (A) In general A participating ; and (ii) by redesignating clause (ii) as subparagraph (B) and indenting appropriately; and (E) in subparagraph (B) (as so redesignated), by striking subparagraph and inserting paragraph ; (6) by striking subsection (c) and inserting the following: (c) Criminal conduct A participating tribe may exercise special Tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Indian country of the participating tribe. ; (7) in subsection (e), by striking paragraph (3); and (8) by striking subsections (f), (g), and (h) and inserting the following: (f) Petitions for writs of habeas corpus (1) In general After a defendant has been sentenced by a participating tribe, the defendant may file a petition for a writ of habeas corpus in a court of the United States under section 203. (2) Requirement An application for a writ of habeas corpus on behalf of a person in custody pursuant to an order of a Tribal court shall not be granted unless — (A) the applicant has exhausted the remedies available in the Tribal court system; (B) there is an absence of an available Tribal corrective process; or (C) circumstances exist that render the Tribal corrective process ineffective to protect the rights of the applicant. (g) Notice; habeas corpus petitions A participating tribe that has ordered the detention of any person has a duty to timely notify in writing such person of their rights and privileges under this section and under section 203. (h) Reimbursement and grants to Tribal governments (1) Reimbursement (A) In general The Attorney General may reimburse Tribal government authorities (or an authorized designee of a Tribal government) for expenses incurred in exercising special Tribal criminal jurisdiction. (B) Eligible expenses Eligible expenses for reimbursement under subparagraph (A) shall include expenses and costs incurred in, relating to, or associated with— (i) investigating, making arrests relating to, making apprehensions for, or prosecuting covered crimes (including costs involving the purchasing, collecting, and processing of sexual assault forensic materials); (ii) detaining, providing supervision of, or providing services for persons charged with covered crimes (including costs associated with providing health care); (iii) providing indigent defense services for 1 or more persons charged with 1 or more covered crimes; and (iv) incarcerating, supervising, or providing treatment, rehabilitation, or reentry services for 1 or more persons charged with 1 or more covered crimes. (C) Procedure (i) In general Reimbursements authorized under subparagraph (A) shall be in accordance with rules promulgated by the Attorney General, after consultation with Indian tribes, and within 1 year after the date of enactment of the Violence Against Women Act Reauthorization Act of 2022 . (ii) Maximum reimbursement The rules promulgated by the Attorney General under clause (i)— (I) shall set a maximum allowable reimbursement to any Tribal government (or an authorized designee of any Tribal government) in a 1-year period; and (II) may allow the Attorney General— (aa) to establish conditions under which a Tribal government (or an authorized designee of a Tribal government) may seek a waiver to the maximum allowable reimbursement requirement established under subclause (I); and (bb) to waive the maximum allowable reimbursement requirements established under subclause (I) for a Tribal government (or an authorized designee of a Tribal government) if the conditions established by the Attorney General under item (aa) are met by that Tribal government (or authorized designee). (iii) Timeliness of reimbursements To the maximum extent practicable, the Attorney General shall— (I) not later than 90 days after the date on which the Attorney General receives a qualifying reimbursement request from a Tribal government (or an authorized designee of a Tribal government)— (aa) reimburse the Tribal government (or authorized designee); or (bb) notify the Tribal government (or authorized designee) of the reason by which the Attorney General was unable to issue the reimbursement; and (II) not later than 30 days after the date on which a Tribal government (or an authorized designee of a Tribal government) reaches the annual maximum allowable reimbursement for the Tribal government (or an authorized designee) established by the Attorney General under clause (ii)(I), notify the Tribal government (or authorized designee) that the Tribal government has reached its annual maximum allowable reimbursement. (D) Eligibility for participating Tribes in Alaska A Tribal government (or an authorized designee of a Tribal Government) of an Indian tribe designated as a participating Tribe under subtitle B of title VIII of the Violence Against Women Act Reauthorization Act of 2022 shall be eligible for reimbursement, in accordance with this paragraph, of expenses incurred in exercising special Tribal criminal jurisdiction under that subtitle. (2) Grants The Attorney General may award grants to Tribal governments (or authorized designees of Tribal governments), including a Tribal government (or an authorized designee of a Tribal government) of an Indian tribe designated as a participating Tribe under subtitle B of title VIII of the Violence Against Women Act Reauthorization Act of 2022 — (A) to strengthen Tribal criminal justice systems to assist Indian tribes in exercising special Tribal criminal jurisdiction, including for— (i) law enforcement (including the capacity of law enforcement, court personnel, or other non-law enforcement entities that have no Federal or State arrest authority agencies but have been designated by an Indian tribe as responsible for maintaining public safety within the territorial jurisdiction of the Indian tribe, to enter information into and obtain information from national crime information databases); (ii) prosecution; (iii) trial and appellate courts (including facilities maintenance, renovation, and rehabilitation); (iv) supervision systems; (v) detention and corrections (including facilities maintenance, renovation, and rehabilitation); (vi) treatment, rehabilitation, and reentry programs and services; (vii) culturally appropriate services and assistance for victims and their families; and (viii) criminal codes and rules of criminal procedure, appellate procedure, and evidence; (B) to provide indigent criminal defendants with licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes covered crimes; (C) to ensure that, in criminal proceedings in which a participating tribe exercises special Tribal criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and (D) to accord victims of covered crimes rights that are similar to the rights of a crime victim described in section 3771(a) of title 18, United States Code, consistent with Tribal law and custom. (i) Supplement, not supplant Amounts made available under this section shall supplement and not supplant any other Federal, State, or local government amounts made available to carry out activities described in this section. (j) Authorization of appropriations (1) In general There is authorized to be appropriated $25,000,000 for each of fiscal years 2023 through 2027— (A) to carry out subsection (h); and (B) to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes. (2) Limitations Of the total amount made available under paragraph (1) for each fiscal year, not more than 40 percent shall be used for reimbursements under subsection (h)(1). . B Alaska Tribal public safety empowerment 811. Findings; purposes (a) Findings Congress finds that— (1) according to the report of the Indian Law and Order Commission established by section 15 of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2812 ), Alaska Native women— (A) are overrepresented in the domestic violence victim population by 250 percent; (B) in the State of Alaska, comprise— (i) 19 percent of the population of the State; but (ii) 47 percent of reported rape victims in the State; and (C) as compared to the populations of other Indian Tribes, suffer the highest rates of domestic and sexual violence; (2) most Alaska Native villages are located in remote areas that— (A) are often inaccessible by road; and (B) have no local law enforcement presence; (3) the Commission referred to in paragraph (1)— (A) determined that the Alaska Department of Public Safety— (i) has primary responsibility for law enforcement in rural Alaska; but (ii) provides only 1 to 1.4 field officers per 1,000,000 acres; and (B) recommended that devolving authority to Alaska Native communities is essential for addressing local crime. Their governments are best positioned to effectively arrest, prosecute, and punish, and they should have the authority to do so-or to work out voluntary agreements with each other, and with local governments and the State on mutually beneficial terms ; and (4) the unique legal relationship of the United States to Indian Tribes creates a Federal trust responsibility to assist Tribal governments in safeguarding the lives of Indian women. (b) Purposes The purposes of this subtitle are— (1) to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies; and (2) to empower Indian Tribes to effectively respond to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, and missing or murdered Alaska Natives through the exercise of special Tribal criminal jurisdiction. 812. Definitions In this subtitle: (1) Assault of Tribal justice personnel; covered crime; obstruction of justice; protection order; violation of a protection order (A) In general The terms assault of Tribal justice personnel , covered crime , obstruction of justice , protection order , and violation of a protection order have the meanings given the terms in section 204(a) of Public Law 90–284 ( 25 U.S.C. 1304(a) ) (commonly known as the Indian Civil Rights Act of 1968 ). (B) Application For purposes of the application of the definitions of assault of Tribal justice personnel , obstruction of justice , and violation of a protection order , and for purposes of the application of the defined terms contained in the definition of covered crime , under section 204(a) of Public Law 90–284 ( 25 U.S.C. 1304(a) ) (commonly known as the Indian Civil Rights Act of 1968 ) to the pilot program, the Attorney General shall modify any reference to Indian country to mean the Village of a participating Tribe. (2) Indian; Indian court; Indian tribe; powers of self-government The terms Indian , Indian court , Indian tribe , and powers of self-government have the meanings given the terms in section 201 of Public Law 90–284 ( 25 U.S.C. 1301 ) (commonly known as the Indian Civil Rights Act of 1968 ). (3) Participating Tribe The term participating Tribe means an Indian tribe that is designated under section 813(d)(1) as a participating Tribe to exercise special Tribal criminal jurisdiction. (4) Pilot program The term pilot program means the pilot program established by section 813(d)(1). (5) Special Tribal criminal jurisdiction The term special Tribal criminal jurisdiction means the criminal jurisdiction that a participating Tribe may exercise under this subtitle but could not otherwise exercise. (6) State The term State means the State of Alaska. (7) Village The term Village means the Alaska Native Village Statistical Area covering all or any portion of a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )), as depicted on the applicable Tribal Statistical Area Program Verification map of the Bureau of the Census. 813. Tribal jurisdiction in Alaska (a) In general Subject to title II of Public Law 90–284 ( 25 U.S.C. 1301 et seq. ) (commonly known as the Indian Civil Rights Act of 1968 ), Congress recognizes and affirms the inherent authority of any Indian tribe occupying a Village in the State to exercise criminal and civil jurisdiction over all Indians present in the Village. (b) Tribal civil jurisdiction to enforce protection orders (1) In general A court of any Indian tribe in the State shall have full civil jurisdiction to issue and enforce protection orders involving any person in matters— (A) arising within the Village of the Indian tribe; or (B) otherwise within the authority of the Indian tribe. (2) Inclusions The full civil jurisdiction to issue and enforce protection orders under paragraph (1) includes the authority to enforce protection orders through— (A) civil contempt proceedings; (B) exclusion of violators from the Village of the Indian tribe; and (C) other appropriate mechanisms. (c) Special Tribal criminal jurisdiction (1) In general Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed under subsection (a), the powers of self-government of a participating Tribe include the inherent power of the participating Tribe, which is hereby recognized and affirmed, to exercise special Tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Village of the participating Tribe. (2) Concurrent jurisdiction The exercise of special Tribal criminal jurisdiction by a participating Tribe shall be concurrent with the jurisdiction of the United States, the State, or both. (3) Exception if victim and defendant are both non-Indians (A) In general A participating Tribe may not exercise special Tribal criminal jurisdiction over an alleged offense of a covered crime, other than obstruction of justice or assault of Tribal justice personnel, if neither the defendant nor the alleged victim is an Indian. (B) Definition of victim In this paragraph and with respect to a criminal proceeding in which a participating Tribe exercises special Tribal criminal jurisdiction based on a violation of a protection order, the term victim means a person specifically protected by the protection order that the defendant allegedly violated. (d) Pilot program for special Tribal criminal jurisdiction over persons who are not Indians (1) Establishment Subject to title II of Public Law 90–284 ( 25 U.S.C. 1301 et seq. ) (commonly known as the Indian Civil Rights Act of 1968 ), there is established a pilot program under which the Attorney General, subject to paragraph (5), shall designate not more than 5 Indian tribes per calendar year as participating Tribes to exercise the special Tribal criminal jurisdiction described in paragraph (6) over all persons present in the Village of the Indian tribe. (2) Procedure At any time during the 1-year period beginning on the date of enactment of this Act, and annually thereafter, an Indian tribe may request the Attorney General to designate the Indian tribe as a participating Tribe under paragraph (1). (3) Designation of participating Tribes (A) In general The Attorney General, in consultation with the Secretary of the Interior and affected Indian tribes, shall establish a process to designate Indian tribes to participate in the pilot program, which process shall— (i) require that preference shall be given to Indian tribes occupying Villages— (I) the populations of which are predominantly Indian; or (II) that lack a permanent State law enforcement physical presence; (ii) require that for each Indian tribe requesting to be designated as a participating Tribe, the Attorney General makes a determination that the criminal justice system of the Indian tribe has adequate safeguards in place to protect defendants’ rights, consistent with section 204(d) of Public Law 90–284 ( 25 U.S.C. 1304(d) ) (commonly known as the Indian Civil Rights Act of 1968 ); and (iii) be subject to such other criteria as the Attorney General considers to be appropriate to achieve the purposes of this subtitle. (B) Designation The Attorney General shall designate Indian tribes to participate in the pilot program under paragraph (1) using the process established under subparagraph (A). (4) Intertribal participation (A) In general 2 or more participating Tribes (or the Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) of the participating Tribe, if the Tribal organization is exercising delegated authority from the participating Tribe)— (i) may elect to participate jointly in the pilot program by providing shared resources to carry out the purposes of the pilot program; and (ii) on making an election pursuant to clause (i), shall be considered to be a single participating Tribe for purposes of the maximum number of participating Tribes under paragraphs (1) and (5). (B) Additional participating Tribes (i) In general Additional participating Tribes may elect to join an established intertribal partnership under subparagraph (A) at any time after the intertribal partnership is established. (ii) Application An intertribal partnership that additional participating Tribes elect to join pursuant to clause (i) shall be considered to be a single participating Tribe for purposes of the maximum number of participating Tribes under paragraphs (1) and (5). (5) Maximum number of participating Tribes (A) In general Except as provided in subparagraph (B), the Attorney General may designate not more than 30 Indian tribes to participate in the pilot program. (B) Exception The limitation under subparagraph (A) shall not apply if the Attorney General submits to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, and publishes in the Federal Register, a written notice of the intention to designate additional Indian tribes as participating Tribes, including the rationale for the designation, by not later than the date that is 180 days before the date of designation. (6) Description of jurisdiction Congress recognizes and affirms that an Indian tribe selected to participate in the pilot program as a participating Tribe may exercise, subject to paragraph (7), special Tribal criminal jurisdiction with respect to covered crimes. (7) Rights of defendants In exercising special Tribal criminal jurisdiction under the pilot program, a participating Tribe shall provide to each defendant all rights described in section 204(d) of Public Law 90–284 ( 25 U.S.C. 1304(d) ) (commonly known as the Indian Civil Rights Act of 1968 ). (e) Sentences In a criminal proceeding in which an Indian court of a participating Tribe, in exercising special Tribal criminal jurisdiction with respect to a covered crime, imposes a sentence of imprisonment of more than 1 year on a defendant pursuant to section 202(b) of Public Law 90–284 ( 25 U.S.C. 1302(b) ) (commonly known as the Indian Civil Rights Act of 1968 ), the Indian court may require the defendant— (1) to serve a sentence— (A) in a Tribal correctional center that has been approved by the Bureau of Indian Affairs for long-term incarceration, in accordance with guidelines set by the Bureau of Indian Affairs; (B) at the expense of the United States, in the nearest appropriate Federal facility pursuant to the Bureau of Prisons Tribal Prisoner Program established under section 234(c)(1) of the Tribal Law and Order Act of 2010 ( 25 U.S.C. 1302 note; Public Law 111–211 ); or (C) at the expense of the participating Tribe and, subject to section 204(f)(1) of Public Law 90–284 ( 25 U.S.C. 1304(f)(1) ) (commonly known as the Indian Civil Rights Act of 1968 ), reimbursable by the Attorney General, in a detention or correctional center approved by the State or a local government of the State pursuant to a memorandum of agreement between the participating Tribe and the State or local government of the State; or (2) to serve another alternative form of punishment, as determined by the Indian court pursuant to Tribal law. (f) Memoranda of agreement The Attorney General and the Secretary of the Interior may enter into such memoranda of agreement with participating Tribes and the State as are necessary and appropriate— (1) to coordinate respective law enforcement activities; (2) to share equipment and other resources; (3) to establish cross-deputization arrangements; (4) to coordinate appropriate training activities; and (5) to address any other matters that will facilitate the successful implementation of the pilot program, including intergovernmental agreements regarding— (A) the incarceration of convicted persons; and (B) cooperation in the investigation and prosecution of crimes. (g) Alaska Tribal Public Safety Advisory Committee (1) Establishment Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of the Interior, affected Indian tribes, and the State, shall establish a committee, to be known as the Alaska Tribal Public Safety Advisory Committee (referred to in this subsection as the Committee ). (2) Membership The Committee shall consist of 1 or more representatives from— (A) participating Tribes and Indian tribes aspiring to participate in the pilot program; (B) Federal, Tribal, State, and local law enforcement; and (C) Tribal nonprofit organizations providing victim services. (3) Duties The Committee shall focus on— (A) improving the justice systems, crime prevention, and victim services of Indian tribes and the State; and (B) increasing coordination and communication among Federal, Tribal, State, and local law enforcement agencies. (4) Travel expenses A member of the Committee 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 their homes or regular places of business in the performance of services for the Committee. (5) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. (6) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as may be necessary for the period of fiscal years 2023 through 2027, to remain available until expended. (h) Report to Congress Not later than 5 years after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of the Interior and affected Indian tribes, shall submit to Congress a report describing the results of the pilot program, including an explanation of any modifications to law necessary to facilitate improved law enforcement in Villages. (i) Applicability Nothing in this subtitle— (1) limits, alters, expands, or diminishes the civil or criminal jurisdiction of the United States, the State, any subdivision of the State, or any Indian tribe in the State; (2) creates or eliminates any Federal or State criminal jurisdiction over a Village; or (3) affects the authority of the United States or any authority delegated by the United States to the State to investigate and prosecute a criminal violation in a Village. IX Office on Violence Against Women 901. Establishment of Office on Violence Against Women (a) Establishment of Office on Violence Against Women Section 2002 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10442 ) is amended— (1) in the section heading, by striking Violence Against Women Office and inserting Office on Violence Against Women ; (2) in subsection (a), by striking a Violence Against Women Office and inserting an Office on Violence Against Women ; (3) in subsection (b), by inserting , not subsumed by any other office after within the Department of Justice ; and (4) in subsection (c)(2), by striking authorized or undertaken under the and that follows and inserting “authorized or undertaken under— (A) the Violence Against Women Act of 1994 (title IV of Public Law 103–322 ); (B) the Violence Against Women Act of 2000 (division B of Public Law 106–386 ); (C) the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ; 119 Stat. 2960); (D) the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ; 127 Stat. 54); and (E) the Violence Against Women Act Reauthorization Act of 2022 . . (b) Director of the Office on Violence Against Women Section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10443 ) is amended— (1) in the section heading, by striking Violence Against Women Office and inserting Office on Violence Against Women ; (2) in subsection (a)— (A) by striking the Violence Against Women Office and inserting the Office on Violence Against Women ; and (B) by striking in this title referred to and inserting in this part referred to ; (3) in subsection (b)(2)— (A) by striking or the Violence and inserting , the Violence ; and (B) by striking the period at the end and inserting , the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ; 127 Stat. 54), or the Violence Against Women Act Reauthorization Act of 2022. . (c) Duties and functions of Director of the Office on Violence Against Women Section 2004 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10444 ) is amended— (1) in the section heading, by striking Violence Against Women Office and inserting Office on Violence Against Women ; (2) in paragraph (5), in the matter preceding subparagraph (A)— (A) by striking and the Violence and inserting , the Violence ; and (B) by striking , including with and inserting , the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ; 127 Stat. 54), and the Violence Against Women Act Reauthorization Act of 2022, including with ; and (3) in paragraph (6)(B), by inserting synchronize Federal definitions and protocols, before and improve coordination . (d) Staff of Office on Violence Against Women Section 2005 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10445 ) is amended in the section heading, by striking Violence Against Women Office and inserting Office on Violence Against Women . (e) Conforming amendment Section 121(a)(1) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 34 U.S.C. 20124(a)(1) ) is amended by striking the Violence Against Women Office and inserting the Office on Violence Against Women . 902. Senior Policy Advisor for Culturally Specific Communities of the Office on Violence Against Women Part T of the Omnibus Crime Control and Safe Streets Act ( 34 U.S.C. 10441 et seq. ), as amended by section 101, is further amended by adding at the end the following: 2018. Senior Policy Advisor for Culturally Specific Communities (a) Establishment There is established in the Office on Violence Against Women a Senior Policy Advisor for Culturally Specific Communities. (b) Duties The Senior Policy Advisor for Culturally Specific Communities, under the guidance and authority of the Director, shall— (1) advise on the administration of grants related to culturally specific services and contracts with culturally specific organizations; (2) coordinate development of Federal policy, protocols, and guidelines on matters relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities; (3) advise the Director on policies, legislation, implementation of laws, and other issues relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities; (4) provide technical assistance, coordination, and support to other offices and bureaus in the Department of Justice to develop policy and to enforce Federal laws relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities; (5) ensure that appropriate technical assistance, developed and provided by entities with expertise in culturally specific communities, is made available to grantees and potential grantees proposing to serve culturally specific communities; (6) ensure access to grants and technical assistance for culturally specific organizations; and (7) analyze the distribution of grant funding in order to identify barriers for culturally specific organizations. (c) Qualifications Not later than 120 days after the date of enactment of this section, the Director shall hire for the position established under subsection (a) an individual with personal, lived, and work experience from a culturally specific community, and a demonstrated history and expertise addressing domestic violence or sexual assault in a nongovernmental agency. . X Improving conditions for women in Federal custody 1001. Improving the treatment of primary caretaker parents and other individuals in Federal prisons (a) Short title This section may be cited as the Ramona Brant Improvement of Conditions for Women in Federal Custody Act . (b) Amendment Chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4051. Treatment of primary caretaker parents and other individuals (a) Definitions In this section— (1) the term correctional officer means a correctional officer of the Bureau of Prisons; (2) the term covered institution means a Federal penal or correctional institution; (3) the term Director means the Director of the Bureau of Prisons; (4) the term post-partum recovery means the first 12-week period of post-partum recovery after giving birth; (5) the term primary caretaker parent has the meaning given the term in section 31903 of the Family Unity Demonstration Project Act ( 34 U.S.C. 12242 ); (6) the term prisoner means an individual who is incarcerated in a Federal penal or correctional institution, including a vulnerable person; and (7) the term vulnerable person means an individual who— (A) is under 21 years of age or over 60 years of age; (B) is pregnant; (C) is victim or witness of a crime; (D) has filed a nonfrivolous civil rights claim in Federal or State court; or (E) during the period of incarceration, has been determined to have experienced or to be experiencing severe trauma or to be the victim of gender-based violence— (i) by any court or administrative judicial proceeding; (ii) by any corrections official; (iii) by the individual’s attorney or legal service provider; or (iv) by the individual. (b) Geographic placement (1) Establishment of office The Director shall establish within the Bureau of Prisons an office that determines the placement of prisoners. (2) Placement of prisoners In determining the placement of a prisoner, the office established under paragraph (1) shall— (A) if the prisoner has children, consider placing the prisoner as close to the children as possible; and (B) consider any other factor that the office determines to be appropriate. (c) Prohibition on placement of pregnant prisoners or prisoners in post-partum recovery in segregated housing units (1) Placement in segregated housing units A covered institution may not place a prisoner who is pregnant or in post-partum recovery in a segregated housing unit unless the prisoner presents an immediate risk of harm to the prisoner or others. (2) Restrictions Any placement of a prisoner described in paragraph (1) in a segregated housing unit shall be limited and temporary. (d) Intake and assessments The Director shall assess the need for family-focused programming at intake, such as questions about children, gauge interest in parenting resources, and concerns about their child or caregiving, and administer ongoing assessment to better inform, identify, and make recommendations about the mother’s parental role and familial needs. (e) Parenting classes The Director shall provide parenting classes to each prisoner who is a primary caretaker parent, and such classes shall be made available to prisoners with limited English proficiency in compliance with title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ). (f) Trauma screening The Director shall provide training, including cultural competency training, to each correctional officer and each employee of the Bureau of Prisons who regularly interacts with prisoners, including each instructor and health care professional, to enable those correctional officers and employees to— (1) identify a prisoner who may have a mental or physical health need relating to trauma the prisoner has experienced; and (2) refer a prisoner described in paragraph (1) to the proper health care professional for diagnosis and treatment. (g) Family needs training The Director shall provide training to correctional officers and employees of the Bureau of Prisons who engage with prisoners’ families on— (1) how to interact with children in an age-appropriate manner, and the children’s caregivers; (2) basic childhood and adolescent development information; and (3) basic customer service skills. (h) Inmate health (1) Health care access The Director shall ensure that all prisoners receive adequate health care. (2) Hygienic products The Director shall make essential hygienic products, including shampoo, toothpaste, toothbrushes, and any other hygienic product that the Director determines appropriate, available without charge to prisoners. The Director shall make rules— (A) on the distribution and accessibility of sanitary products to prisoners, to ensure each prisoner who requires these products receives a quantity the prisoner deems sufficient; and (B) providing that no visitor is prohibited from visiting a prisoner due to the visitor’s use of sanitary products. (3) Gynecologist access The Director shall ensure that all prisoners have access to a gynecologist as appropriate. (4) Relation to other laws Nothing in paragraph (1) shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30301 et seq. ). . (c) Substance abuse treatment Section 3621(e) of title 18, United States Code, is amended by adding at the end the following: (7) Eligibility of primary caretaker parents and pregnant women The Director of the Bureau of Prisons may not prohibit an eligible prisoner who is a primary caretaker parent (as defined in section 4051) or pregnant from participating in a program of residential substance abuse treatment provided under paragraph (1) on the basis of a failure by the eligible prisoner, before being committed to the custody of the Bureau of Prisons, to disclose to any official of the Bureau of Prisons that the prisoner had a substance abuse problem on or before the date on which the eligible prisoner was committed to the custody of the Bureau of Prisons. . (d) Implementation date (1) In general Not later than 2 years after the date of enactment of this Act, the Director of the Bureau of Prisons shall implement this section and the amendments made by this section. (2) Report Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Prisons shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a progress report on the implementation of this section and the amendments made by this section. (e) Technical and conforming amendment The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4051. Treatment of primary caretaker parents and other individuals. . 1002. Health and safety of pregnant women and mothers (a) Short title This section may be cited as the Stop Infant Mortality And Recidivism Reduction Act or the SIMARRA Act . (b) Establishment Not later than 270 days after the date of enactment of this Act, the Director of the Bureau of Prisons (in this section referred to as the Director ) shall establish a pilot program (in this section referred to as the Program ) in accordance with this section to permit women incarcerated in Federal prisons and the children born to such women during incarceration to reside together while the inmate serves a term of imprisonment. (c) Purposes The purposes of this section are to— (1) prevent infant mortality among infants born to incarcerated mothers and greatly reduce the trauma and stress experienced by pregnant inmates; (2) reduce the recidivism rates of federally incarcerated women and mothers, and enhance public safety by improving the effectiveness of the Federal prison system for women as a population with special needs; (3) utilize a female offender risk and needs assessment to encourage a more effective and efficient Federal prison system; (4) utilize a validated post-sentencing risk and needs assessment system that relies on dynamic factors to provide Federal prison officials with information regarding needs of Federal pregnant offenders and enhance public safety; (5) perform regular outcome evaluations of the effectiveness of programs and interventions for federally incarcerated pregnant women and mothers to assure that such programs and interventions are evidence-based and to suggest changes, deletions, and expansions based on the results of such evaluations; and (6) assist the Department of Justice to address the underlying cost structure of the Federal prison system and ensure that the Department can continue to run parenting programming safely and securely without compromising the scope or quality of the Department’s critical health, safety and law enforcement missions. (d) Duties of the Director of Bureau of Prisons (1) In general The Director shall carry out this section in consultation with— (A) the Director of the Administrative Office of the United States Courts; (B) the Director of the Office of Probation and Pretrial Services; and (C) the Director of the National Institute of Justice. (2) Duties The Director shall, in accordance with paragraph (3), and in addition to the mandates under section 3631 of title 18, United States Code— (A) evaluate the female offender risk and needs assessment for its ability to address the particular health and sensitivities of federally incarcerated pregnant women and mothers in accordance with this subsection; (B) develop recommendations regarding recidivism reduction programs and productive activities in accordance with subsection (c); (C) conduct ongoing research and data analysis on— (i) the best practices relating to the use of offender risk and needs assessment tools for female offenders with a particular emphasis on how those tools address the health and sensitivities of federally incarcerated pregnant women and mothers; (ii) potential improvements to risk and needs assessment tools for female offenders to address the health and sensitivities of federally incarcerated pregnant women and mothers; and (iii) which recidivism reduction programs are the most effective— (I) for federally incarcerated pregnant women and mothers classified at different recidivism risk levels; and (II) for addressing the specific needs of federally incarcerated pregnant women and mothers; (D) on a biennial basis, review any findings related to evaluations conducted under subparagraph (A) and the recommendations developed under subparagraph (B), using the research conducted under subparagraph (C), to determine whether any revisions or updates should be made to female offender risk and needs assessment systems, and if so, make such revisions or updates; (E) hold periodic meetings with the individuals listed in paragraph (1) at intervals to be determined by the Director; (F) develop tools to communicate parenting program availability and eligibility criteria to each employee of the Bureau of Prisons and each pregnant inmate to ensure that each pregnant inmate in the custody of a Bureau of Prisons facility understands the resources available to such inmate; and (G) report to Congress in accordance with subsection (h). (3) Methods In carrying out the duties under paragraph (2), the Director shall— (A) consult relevant stakeholders; and (B) make decisions using data that is based on available statistical and empirical evidence. (e) Eligibility An inmate may apply to participate in the Program if the inmate— (1) is pregnant at the beginning of or during the term of imprisonment; and (2) is in the custody or control of the Bureau of Prisons. (f) Program terms (1) Term of participation To correspond with the purposes and goals of the Program to promote bonding during the critical stages of child development, an eligible inmate selected for the Program may participate in the Program, subject to subsection (g), until the earliest of— (A) the date that the inmate’s term of imprisonment terminates; or (B) the date the infant fails to meet any medical criteria established by the Director. (2) Inmate requirements For the duration of an inmate’s participation in the Program, the inmate shall agree to— (A) take substantive steps towards acting in the role of a parent or guardian to any child of that inmate; (B) participate in any recommended educational or counseling opportunities, including topics such as child development, parenting skills, domestic violence, vocational training, or substance abuse, as appropriate; (C) abide by any court decision regarding the legal or physical custody of the child; and (D) specify a person who has agreed to take at least temporary custody of the child if the inmate’s participation in the Program terminates before the inmate’s release. (g) Continuity of care The Director shall take appropriate actions to prevent detachment or disruption of either an inmate’s or infant’s health and bonding-based well-being due to termination of the Program. (h) Reporting (1) In general Not later than 6 months after the date of enactment of this Act, and once each year thereafter for 5 years, the Director shall submit a progress report to the Congress with regards to implementing the Program. (2) Final report Not later than 6 months after the termination of the Program, the Director shall issue a final report to the Congress that contains a detailed statement of the Director’s findings and conclusions, including recommendations for legislation, administrative actions, and regulations the Director considers appropriate. 1003. Research and report on women in Federal incarceration Not later than 18 months after the date of enactment of this Act, and thereafter, every other year, the National Institute of Justice, in consultation with the Bureau of Justice Statistics and the Bureau of Prisons (including the Women and Special Population Branch) shall prepare a report on the status of women in Federal incarceration. Depending on the topic to be addressed, and the facility, data shall be collected from Bureau of Prisons personnel and a sample that is representative of the population of incarcerated women. The report shall include— (1) with regard to Federal facilities wherein women are incarcerated— (A) responses by such women to questions from the Adverse Childhood Experience (ACES) questionnaire; (B) demographic data of such women; (C) data on the number of women who are incarcerated and placed in Federal and private facilities more than 200 miles from their place of residence; (D) responses by such women to questions about the extent of exposure to sexual victimization, sexual violence and domestic violence (both inside and outside of incarceration); (E) the number of such women were pregnant at the time that they entered incarceration; (F) the number of such women who have children age 18 or under, and if so, how many; and (G) the crimes for which such women are incarcerated and the length of their sentence and to the extent practicable, any information on the connection between the crime of which they were convicted and their experience of domestic violence, dating violence, sexual assault, or stalking; and (2) with regard to all Federal facilities where persons are incarcerated— (A) a list of best practices with respect to women’s incarceration and transition, including staff led programs, services, and management practices (including making sanitary products readily available and easily accessible, and access to and provision of healthcare); (B) the availability of trauma treatment at each facility (including number of beds, and number of trained staff); (C) rates of serious mental illness broken down by gender and security level and a list of residential programs available by site; and (D) the availability of vocational education and a list of vocational programs provided by each facility. 1004. Reentry planning and services for incarcerated women (a) In general The Attorney General, in coordination with the Director of the Office of Probation and Pretrial Services and the Director of the Bureau of Prisons (including the Women and Special Population Branch), shall collaborate on a model of gender responsive transition for incarcerated women, including the development of a national standard on prevention with respect to domestic and sexual violence. (b) Required consultation In developing the model required under subsection (a), the Attorney General shall consult with such experts within the Federal government (including the Office on Violence Against Women of the Department of Justice), within Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), within Native Hawaiian organizations (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 )), and in the victim service provider community (including sexual and domestic violence and homelessness, job training and job placement service providers) as are necessary to the completion of a comprehensive plan. (c) Contents The model required under subsection (a) shall address, at a minimum— (1) the development by the Bureau of Prisons of a contract for gender collaborative services; and (2) identification by re-entry affairs coordinators and responsive planning for the needs of re-entering women with respect to— (A) housing, including risk of homelessness; (B) previous exposure to and risk for domestic and sexual violence; (C) the need for parenting classes, assistance securing childcare, or assistance in seeking or securing jobs that afford flexibility (as might be necessary in the re-entry, parenting or other contexts); (D) other support tailored to the needs of Indigenous women, including American Indian, Alaska Native, and Native Hawaiian women; and (E) the need to ensure a family-focused reentry, by— (i) including incarcerated mothers, their children, and their caregivers to create family reentry planning and programming; and (ii) informing reentry information to visiting families. 1005. Authorization of appropriations To carry out this title, there are authorized to be appropriated $8,000,000 for each of fiscal years 2023 through 2027. XI Law Enforcement Tools to Enhance Public Safety 1101. NICS Denial Notification Act of 2022 (a) Short title This section may be cited as the NICS Denial Notification Act of 2022 . (b) Amendment Chapter 44 of title 18, United States Code, is amended by inserting after section 925A the following: 925B. Reporting of background check denials to State or Tribal authorities (a) In general If the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ) (commonly referred to as NICS ) provides a notice pursuant to section 922(t) that the receipt of a firearm by a person would violate subsection (g) or (n) of section 922 or State or Tribal law, the Attorney General shall, in accordance with subsection (b) of this section— (1) report to the law enforcement authorities of the State or Tribe where the person sought to acquire the firearm and, if different, the law enforcement authorities of the State or Tribe of residence of the person— (A) that the notice was provided; (B) the specific provision of law that would have been violated; (C) the date and time the notice was provided; (D) the location where the firearm was sought to be acquired; and (E) the identity of the person; and (2) where practicable, report the incident to local law enforcement authorities and State and local prosecutors or Tribal prosecutors in the jurisdiction where the firearm was sought and in the jurisdiction where the person resides. (b) Requirements for report A report is made in accordance with this subsection if the report is made within 24 hours after the provision of the notice described in subsection (a), except that the making of the report may be delayed for so long as is necessary to avoid compromising an ongoing investigation. (c) Amendment of report If a report is made in accordance with this subsection and, after such report is made, the Federal Bureau of Investigation or the Bureau of Alcohol, Tobacco, Firearms, and Explosives determines that the receipt of a firearm by a person for whom the report was made would not violate subsection (g) or (n) of section 922 or State or Tribal law, the Attorney General shall, in accordance with subsection (b), notify any law enforcement authority and any prosecutor to whom the report was made of that determination. (d) Rule of construction Nothing in subsection (a) shall be construed to require a report with respect to a person to be made to the same State or Tribal authorities that originally issued the notice with respect to the person. . (c) Clerical amendment The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 925A the following: 925B. Reporting of background check denials to State authorities. . 1102. Annual report to Congress (a) In general Chapter 44 of title 18, United States Code, as amended by section 1101, is amended by inserting after section 925B the following: 925C. Annual report to Congress Not later than 1 year after the date of enactment of this section, and annually thereafter, the Attorney General shall submit to Congress a report detailing the following, broken down by Federal judicial district: (1) With respect to each category of persons prohibited by subsection (g) or (n) of section 922 or State or Tribal law from receiving or possessing a firearm who are so denied a firearm— (A) the number of denials; (B) the number of denials referred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives; (C) the number of denials for which the Bureau of Alcohol, Tobacco, Firearms, and Explosives determines that the person denied was not prohibited by subsection (g) or (n) of section 922 or State law from receiving or possessing a firearm; (D) the number of denials overturned through the national instant criminal background check system appeals process and the reasons for overturning the denials; (E) the number of denials with respect to which an investigation was opened by a field division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; (F) the number of persons charged with a Federal criminal offense in connection with a denial; and (G) the number of convictions obtained by Federal authorities in connection with a denial. (2) The number of background check notices reported to State or Tribal authorities pursuant to section 925B (including the number of the notices that would have been so reported but for section 925B(c)). . (b) Clerical amendment The table of sections for chapter 44 of title 18, United States Code, as amended by section 1101, is amended by inserting after the item relating to section 925B the following: 925C. Annual report to Congress. . 1103. Special assistant U.S. attorneys and cross-deputized attorneys (a) In general Chapter 44 of title 18, United States Code, as amended by section 1102, is further amended by inserting after section 925C the following: 925D. Special assistant U.S. attorneys and cross-deputized attorneys (a) In general In order to improve the enforcement of paragraphs (8) and (9) of section 922(g), the Attorney General may— (1) appoint, in accordance with section 543 of title 28, qualified State, Tribal, territorial and local prosecutors and qualified attorneys working for the United States government to serve as special assistant United States attorneys for the purpose of prosecuting violations of such paragraphs; and (2) deputize State, Tribal, territorial and local law enforcement officers for the purpose of enhancing the capacity of the agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives in responding to and investigating violations of such paragraphs. (b) Improve intimate partner and public safety The Attorney General shall— (1) identify not fewer than 75 jurisdictions among States, territories and Tribes where there are high rates of firearms violence and threats of firearms violence against intimate partners and other persons protected under paragraphs (8) and (9) of section 922(g) and where local authorities lack the resources to address such violence; (2) make such appointments as described in subsection (a) in jurisdictions where enhanced enforcement of such paragraphs is necessary to reduce firearms homicide and injury rates; and (3) establish, in order to receive and expedite requests for assistance from State, Tribal, territorial, and local law enforcement agencies responding to intimate partner violence cases where such agencies have probable cause to believe that the offenders may be in violation of such paragraphs, points of contact within— (A) each Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and (B) each District Office of the United States Attorneys. (c) Qualified defined For purposes of this section, the term qualified means, with respect to an attorney, that the attorney is a licensed attorney in good standing with any relevant licensing authority. . (b) Clerical amendment The table of sections for chapter 44 of title 18, United States Code, as amended by this Act, is further amended by inserting after the item relating to section 925C the following: 925D. Special assistant U.S. attorneys and cross-deputized attorneys. . 1104. Review on criminal offenses affecting Native Hawaiians (a) Native hawaiian defined In this section, the term Native Hawaiian has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act ( 25 U.S.C. 4221 ). (b) Review of relevant Federal crime prevention, victim service, and criminal justice programs serving Native Hawaiians (1) Report Not later than 18 months after the date of enactment of this Act, the Attorney General shall submit a report to Congress containing the following: (A) The results and findings of the comprehensive review required to be conducted under paragraph (2). (B) The amount of Federal funding received by Native Hawaiian-serving organizations from relevant Federal programs, including the percentage of each such amount of funding received by Native Hawaiian-serving organizations relative to the total amount of funding dispersed for each relevant Federal program. (C) Recommendations and legislative proposals to— (i) improve how relevant Federal programs address the needs of Native Hawaiians; (ii) improve responses to and investigation of incidences of missing or murdered Native Hawaiians; (iii) reduce the likelihood that a Native Hawaiian may become involved in the criminal justice system; and (iv) address any other relevant matters deemed necessary by the Attorney General. (2) Comprehensive review The Attorney General shall conduct a comprehensive review of relevant Federal programs. (3) Relevant federal program In this subsection, the term relevant Federal program means any— (A) law enforcement or other crime prevention program targeting criminal offenses that affect Native Hawaiians, including child sexual exploitation, child abuse, intimate partner violence, human trafficking, missing or murdered individuals, and substance abuse; (B) any program that provide services to victims of criminal offenses affecting Native Hawaiians, including child sexual exploitation, child abuse, intimate partner violence, human trafficking, and substance abuse; and (C) any criminal justice system program or service available to and used by Native Hawaiians in various jurisdictions, including diversion programs, in-prison education programs, and reentry services. (c) Report on native hawaiians in the criminal justice system (1) In general Not later than 180 days after the date of enactment of this Act, the Attorney General, acting through the National Institute of Justice, in coordination with the Bureau of Justice Statistics, shall prepare a report on the interaction of Native Hawaiians with the criminal justice system. (2) Contents of report The report required under this subsection shall include— (A) known statistics related to the percentage of persons who are Native Hawaiians out of the total of— (i) all persons arrested; (ii) all persons detained in Federal, State, and local jails; (iii) all persons subject to pretrial supervision; (iv) all persons subject to post-conviction supervision; (v) all persons incarcerated in Federal and State prisons; and (vi) all persons subject to post-release supervision; (B) an explanation of why the statistics described in subparagraph (A) may not be comprehensive; (C) recommendations on how data collection related to the statistics described in subparagraph (A) could be improved; (D) a description of any culturally relevant programs available to Native Hawaiians who interact with the Federal criminal justice system; and (E) a summary of any available data on the number of Native Hawaiians who are incarcerated and placed in Federal and private correctional facilities more than 200 miles from their place of residence. XII Closing the Law Enforcement Consent Loophole 1201. Short title This title may be cited as the Closing the Law Enforcement Consent Loophole Act of 2022 . 1202. Penalties for civil rights offenses involving sexual misconduct (a) Amendment (1) In general Chapter 13 of title 18, United States Code, is amended by adding at the end the following: 250. Penalties for civil rights offenses involving sexual misconduct (a) Offense It shall be unlawful for any person to, in the course of committing an offense under this chapter or under section 901 of the Fair Housing Act ( 42 U.S.C. 3631 ), engage in, or cause another to engage in, sexual misconduct. (b) Penalties Any person who violates subsection (a) shall be— (1) in the case of an offense involving aggravated sexual abuse, as defined in section 2241, or if the offense involved sexual abuse, as defined in section 2242, or if the offense involved an attempt to commit such aggravated sexual abuse or sexual abuse, fined under this title and imprisoned for any term of years or for life; (2) in the case of an offense involving abusive sexual contact of a child who has not attained the age of 16, of the type prohibited by section 2244(a)(5), fined under this title and imprisoned for any term of years or for life; (3) in the case of an offense involving a sexual act, as defined in section 2246, with another person without the other person’s permission, and it does not amount to sexual abuse or aggravated sexual abuse, be fined under this title and imprisoned for not more than 40 years; (4) in the case of an offense involving abusive sexual contact of the type prohibited by subsection (a)(1) or (b) of section 2244, but excluding abusive sexual contact through the clothing— (A) fined under this title and imprisoned for not more than 10 years; and (B) if the offense involves a child who has not attained the age of 12 years, imprisoned for not more than 30 years; (5) in the case of an offense involving abusive sexual contact of the type prohibited by section 2244(a)(2)— (A) fined under this title and imprisoned for not more than 3 years; and (B) if the offense involves a child under the age of 12, imprisoned for not more than 20 years; and (6) in the case of an offense involving abusive sexual contact through the clothing of the type prohibited by subsection (a)(3), (a)(4), or (b) of section 2244— (A) fined under this title and imprisoned for not more than 2 years; and (B) if the offense involves a child under the age of 12, imprisoned for not more than 10 years. . (2) Technical and conforming amendment The table of sections for chapter 13 of title 18, United States Code, is amended by inserting after the item relating to section 249 the following: 250. Penalties for civil rights offenses involving sexual misconduct. . (b) Sexual Abuse Section 2242 of title 18, United States Code, is amended— (1) in paragraph (1), by striking or at the end; (2) in paragraph (2)(B), by inserting or after the semicolon; and (3) by inserting after paragraph (2) the following: (3) engages in a sexual act with another person without that other person’s consent, to include doing so through coercion; . (c) Sexual abuse of a minor, a ward, or an individual in Federal custody (1) In general Section 2243 of title 18, United States Code, is amended— (A) by striking the section heading and inserting Sexual abuse of a minor, a ward, or an individual in Federal custody ; (B) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (C) by adding after subsection (b) the following: (c) Of an individual in Federal custody Whoever, while acting in their capacity as a Federal law enforcement officer, knowingly engages in a sexual act with an individual who is under arrest, under supervision, in detention, or in Federal custody, shall be fined under this title, imprisoned not more than 15 years, or both. . (2) Clerical amendment The table of sections for chapter 109A of title 18, United States Code, is amended by striking the item relating to section 2243 and inserting the following: 2243. Sexual abuse of a minor, a ward, or an individual in Federal custody. . (d) Abusive sexual contact Section 2244(a) of title 18, United States Code, is amended— (1) in paragraph (4), by striking or at the end; (2) in paragraph (5), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (6) subsection (c) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both; ; (e) Definition Section 2246 of title 18, United States Code, is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (6) the following: (7) the term Federal law enforcement officer has the meaning given the term in section 115. . 1203. Incentives for States (a) Authority To make grants The Attorney General is authorized to make grants to States that have in effect a law that— (1) makes it a criminal offense for any person acting under color of law of the State to knowingly engage in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and (2) prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense. (b) Reporting requirement A State that receives a grant under this section shall submit to the Attorney General, on an annual basis, information on— (1) the number of reports made to law enforcement agencies in that State regarding persons engaging in a sexual act while acting under color of law during the previous year; and (2) the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year. (c) Application A State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (a). (d) Grant amount The amount of a grant to a State under this section shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs: (1) Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10441 et seq. ) (commonly referred to as the STOP Violence Against Women Formula Grant Program ). (2) Section 41601 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12511 ) (commonly referred to as the Sexual Assault Services Program ). (e) Grant term (1) In general The Attorney General shall provide an increase in the amount provided to a State under the grant programs described in subsection (d) for a 2-year period. (2) Renewal A State that receives a grant under this section may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require. (3) Limit A State may not receive a grant under this section for more than 4 years. (f) Uses of funds A State that receives a grant under this section shall use— (1) 25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of subsection (d); and (2) 75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of subsection (d). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2027. (h) Definition For purposes of this section, the term State means each of the several States and the District of Columbia, Indian Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. 1204. Reports to Congress (a) Report by Attorney General Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress and make publicly available on the Department of Justice website a report containing— (1) the information required to be reported to the Attorney General under section 1203(b); and (2) information on— (A) the number of reports made, during the previous year, to Federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law; and (B) the disposition of each case in which sexual misconduct by a person acting under color of law was reported. (b) Report by GAO Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall submit to Congress a report on any violations of section 2243(c) of title 18, United States Code, as amended by section 1302, committed during the 1-year period covered by the report. (c) Report by attorney general on conflicts between State’s marriage-age and age-based sex offenses Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress a report that examines inconsistencies between State laws on marriage-age and State laws on age-based sex offenses and, in particular, States with laws that— (1) provide an exception to definitions of age-based sex offenses (including statutory rape), or a defense to prosecution for such offenses, based on the marriage of the perpetrator to the victim; or (2) allow marriages between parties at ages, or with age differences between them, such that sexual acts between those parties outside of marriage would constitute an age-based sex offense (including statutory rape). 1205. Definition In this title, the term sexual act has the meaning given the term in section 2246 of title 18, United States Code. XIII Other Matters 1301. National stalker and domestic violence reduction Section 40603 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12402 ) is amended by striking 2014 through 2018 and inserting 2023 through 2027 . 1302. Federal victim and witness coordinators reauthorization Section 40114 of the Violence Against Women Act of 1994 ( Public Law 103–322 ; 108 Stat. 1910) is amended to read as follows: 40114. Authorization for Federal victim and witness coordinators There are authorized to be appropriated for the United States attorneys for the purpose of appointing victim and witness coordinators for the prosecution of sex crimes and domestic violence crimes where applicable (such as the District of Columbia), $1,000,000 for each of fiscal years 2023 through 2027. . 1303. Child abuse training programs for judicial personnel and practitioners reauthorization Section 224(a) of the Crime Control Act of 1990 ( 34 U.S.C. 20334(a) ) is amended by striking subtitle and all that follows and inserting subtitle $2,300,000 for each of fiscal years 2023 through 2027 . 1304. Sex offender management Section 40152(c) of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12311(c) ) is amended to read as follows: (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2027. . 1305. Court-appointed special advocate program Section 219(a) of the Crime Control Act of 1990 ( 34 U.S.C. 20324(a) ) is amended by striking 2014 through 2018 and inserting 2023 through 2027 . 1306. Review of link between substance use and victims of domestic violence dating violence, sexual assault, or stalking Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall complete a review and submit to Congress a report on whether being a victim of domestic violence, dating violence, sexual assault, or stalking increases the likelihood of having a substance use disorder. 1307. Interagency working group to study Federal efforts to collect data on sexual violence (a) Establishment Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish an interagency working group to study Federal efforts to collect data on sexual violence and to make recommendations on the harmonization of such efforts. (b) Composition The Working Group shall be comprised of at least one representative from each of the following agencies, who shall be selected by the head of that agency: (1) The Centers for Disease Control and Prevention. (2) The Department of Education. (3) The Department of Health and Human Services. (4) The Department of Justice. (5) The Equal Employment Opportunity Commission. (c) Duties The Working Group shall consider the following: (1) What activity constitutes different acts of sexual violence. (2) Whether reports that use the same terms for acts of sexual violence are collecting the same data on these acts. (3) Whether the context which led to an act of sexual violence should impact how that act is accounted for in reports. (4) Whether the data collected is presented in a way that allows the general public to understand what acts of sexual violence are included in each measurement. (5) Steps that agencies that compile reports relating to sexual violence can take to avoid double counting incidents of sexual violence. (d) Report required Not later than 2 years after the date of enactment of this Act, the Working Group shall publish and submit to Congress a report on the following: (1) The activities of the Working Group. (2) Recommendations to harmonize Federal efforts to collect data on sexual violence. (3) Actions Federal agencies can take to implement the recommendations described in paragraph (2). (4) Recommendations, if any, for congressional action to implement the recommendations described in paragraph (2). (e) Termination The Working Group shall terminate 30 days after the date on which the report is submitted pursuant to subsection (d). (f) Definitions In this section: (1) Harmonize The term harmonize includes efforts to coordinate sexual violence data collection to produce complementary information, as appropriate, without compromising programmatic needs. (2) Sexual violence The term sexual violence includes an unwanted sexual act (including both contact and non-contact) about which the Federal Government collects information. (3) Working Group The term Working Group means the interagency working group established under subsection (a). 1308. National resource center on workplace responses to assist victims of domestic and sexual violence assistance for microbusinesses Section 41501(b) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12501(b) ) is amended— (1) in paragraph (2)— (A) by striking companies and public entities and inserting companies, public entities ; and (B) by inserting , and employers with fewer than 20 employees after State and local governments ; and (2) in paragraph (3), by inserting before the period at the end the following: , which materials shall include a website with resources for employers with fewer than 20 employees, including live training materials . 1309. Civil action relating to disclosure of intimate images (a) Definitions In this section: (1 Commercial pornographic content The term commercial pornographic content means any material that is subject to the record keeping requirements under section 2257 of title 18, United States Code. (2) Consent The term consent means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion. (3) Depicted individual The term depicted individual means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the visual depiction. (4) Disclose The term disclose means to transfer, publish, distribute, or make accessible. (5) Intimate visual depiction The term intimate visual depiction — (A) means a visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, that depicts— (i) the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or (ii) the display or transfer of bodily sexual fluids— (I) on to any part of the body of an identifiable individual; (II) from the body of an identifiable individual; or (III) an identifiable individual engaging in sexually explicit conduct and (B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual was in a public place only if the individual did not— (i) voluntarily display the content depicted; or (ii) consent to the sexual conduct depicted. (6) Sexually explicit conduct The term sexually explicit conduct has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code. (b) Civil action (1) Right of action (A) In general Except as provided in paragraph (4), an individual whose intimate visual depiction is disclosed, in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce, without the consent of the individual, where such disclosure was made by a person who knows that, or recklessly disregards whether, the individual has not consented to such disclosure, may bring a civil action against that person in an appropriate district court of the United States for relief as set forth in paragraph (3). (B) Rights on behalf of certain individuals In the case of an individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the identifiable individual’s estate, another family member, or any other person appointed as suitable by the court, may assume the identifiable individual’s’ rights under this section, but in no event shall the defendant be named as such representative or guardian. (2) Consent For purposes of an action under paragraph (1)— (A) the fact that the individual consented to the creation of the depiction shall not establish that the person consented to its distribution; and (B) the fact that the individual disclosed the intimate visual depiction to someone else shall not establish that the person consented to the further disclosure of the intimate visual depiction by the person alleged to have violated paragraph (1). (3) Relief (A) In general In a civil action filed under this section— (i) an individual may recover the actual damages sustained by the individual or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney’s fees and other litigation costs reasonably incurred; and (ii) the court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the visual depiction. (B) Preservation of anonymity In ordering relief under subparagraph (A), the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym. (4) Exceptions An identifiable individual may not bring an action for relief under this section relating to— (A) an intimate image that is commercial pornographic content, unless that content was produced by force, fraud, misrepresentation, or coercion of the depicted individual; (B) a disclosure made in good faith— (i) to a law enforcement officer or agency; (ii) as part of a legal proceeding; (iii) as part of medical education, diagnosis, or treatment; or (iv) in the reporting or investigation of— (I) unlawful content; or (II) unsolicited or unwelcome conduct; (C) a matter of public concern or public interest; or (D) a disclosure reasonably intended to assist the identifiable individual. 1310. Choose Respect Act (a) Short title This section may be cited as the Choose Respect Act . (b) Designation (1) In general Chapter 1 of title 36, United States Code, is amended by adding at the end the following: 146. Choose Respect Day (a) Designation October 1 is Choose Respect Day. (b) Recognition All private citizens, organizations, and Federal, State, and local governmental and legislative entities are encouraged to recognize Choose Respect Day through proclamations, activities, and educational efforts in furtherance of changing the culture around the tolerance of violence against women. . (2) Technical and conforming amendment The table of sections for chapter 1 of title 36, United States Code, is amended by adding at the end the following: 146. Choose Respect Day. . (c) Media campaign (1) Definitions In this subsection: (A) Director The term Director means the Director of the Office on Violence Against Women. (B) National media campaign The term national media campaign means the national Choose Respect media campaign described in paragraph (2). (2) Media campaign The Director shall, to the extent feasible and appropriate, conduct a national Choose Respect media campaign in accordance with this section for the purposes of— (A) preventing and discouraging violence against women, including domestic violence, dating violence, sexual assault, and stalking by targeting the attitudes, perceptions, and beliefs of individuals who have or are likely to commit such crimes; (B) encouraging victims of the crimes described in subparagraph (A) to seek help through the means determined to be most effective by the most current evidence available, including seeking legal representation; and (C) informing the public about the help available to victims of the crimes described in subparagraph (A). (3) Use of funds (A) In general Amounts made available to carry out this section for the national media campaign may only be used for the following: (i) The purchase of media time and space, including the strategic planning for, tracking, and accounting of, such purchases. (ii) Creative and talent costs, consistent with subparagraph (B). (iii) Advertising production costs, which may include television, radio, internet, social media, and other commercial marketing venues. (iv) Testing and evaluation of advertising. (v) Evaluation of the effectiveness of the national media campaign. (vi) Costs of contracts to carry out activities authorized by this subsection. (vii) Partnerships with professional and civic groups, community-based organizations, including faith-based organizations and culturally specific organizations, and government organizations related to the national media campaign. (viii) Entertainment industry outreach, interactive outreach, media projects and activities, public information, news media outreach, corporate sponsorship and participation, and professional sports associations and military branch participation. (ix) Operational and management expenses. (B) Specific requirements (i) Creative services In using amounts for creative and talent costs under subparagraph (A), the Director shall use creative services donated at no cost to the Government wherever feasible and may only procure creative services for advertising— (I) responding to high-priority or emergent campaign needs that cannot timely be obtained at no cost; or (II) intended to reach a minority, ethnic, or other special audience that cannot reasonably be obtained at no cost. (ii) Testing and evaluation of advertising In using amounts for testing and evaluation of advertising under subparagraph (A)(iv), the Director shall test all advertisements prior to use in the national media campaign to ensure that the advertisements are effective with the target audience and meet industry-accepted standards. The Director may waive this requirement for advertisements using not more than 10 percent of the purchase of advertising time purchased under this section in a fiscal year and not more than 10 percent of the advertising space purchased under this section in a fiscal year, if the advertisements respond to emergent and time-sensitive campaign needs or the advertisements will not be widely utilized in the national media campaign. (iii) Consultation For the planning of the campaign under paragraph (2), the Director may consult with— (I) the Office for Victims of Crime, the Administration on Children, Youth and Families, and other related Federal Government entities; (II) State, local, and Indian Tribal governments; (III) the prevention of domestic violence, dating violence, sexual assault, or stalking, including national and local non-profits; and (IV) communications professionals. (iv) Evaluation of effectiveness of national media campaign In using amounts for the evaluation of the effectiveness of the national media campaign under subparagraph (A)(v), the Attorney General shall— (I) designate an independent entity to evaluate by April 20 of each year the effectiveness of the national media campaign based on data from any relevant studies or publications, as determined by the Attorney General, including tracking and evaluation data collected according to marketing and advertising industry standards; and (II) ensure that the effectiveness of the national media campaign is evaluated in a manner that enables consideration of whether the national media campaign has contributed to changes in attitude or behaviors among the target audience with respect to violence against women and such other measures of evaluation as the Attorney General determines are appropriate. (4) Advertising In carrying out this subsection, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign. (5) Responsibilities and functions under the program (A) In general The Director shall determine the overall purposes and strategy of the national media campaign. (B) Director (i) In general The Director shall approve— (I) the strategy of the national media campaign; (II) all advertising and promotional material used in the national media campaign; and (III) the plan for the purchase of advertising time and space for the national media campaign. (ii) Implementation The Director shall be responsible for implementing a focused national media campaign to meet the purposes described in paragraph (2) and shall ensure— (I) information disseminated through the campaign is accurate and scientifically valid; and (II) the campaign is designed using strategies demonstrated to be the most effective at achieving the goals and requirements of paragraph (2), which may include— (aa) a media campaign, as described in paragraph (3); (bb) local, regional, or population specific messaging; (cc) the development of websites to publicize and disseminate information; (dd) conducting outreach and providing educational resources for women; (ee) collaborating with law enforcement agencies; and (ff) providing support for school-based public health education classes to improve teen knowledge about the effects of violence against women. (6) Prohibitions None of the amounts made available under paragraph (3) may be obligated or expended for any of the following: (A) To supplant current antiviolence against women campaigns by community-based coalitions. (B) To supplant pro bono public service time donated by national and local broadcasting networks for other public service campaigns. (C) For partisan political purposes, or to express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal. (D) To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to schedule C of subpart C of title 5, Code of Federal Regulations. (E) To fund advertising that does not contain a primary message intended to reduce or prevent violence against women. (F) To fund advertising containing a primary message intended to promote support for the national media campaign or private sector contributions to the national media campaign. (7) Financial and performance accountability The Director shall cause to be performed— (A) audits and reviews of costs of the national media campaign pursuant to section 4706 of title 41, United States Code; and (B) an audit to determine whether the costs of the national media campaign are allowable under chapter 43 of title 41, United States Code. (8) Report to Congress The Director shall submit on an annual basis a report to Congress that describes— (A) the strategy of the national media campaign and whether specific objectives of the national media campaign were accomplished; (B) steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the national media campaign; (C) plans to purchase advertising time and space; (D) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; (E) all contracts entered into with a corporation, partnership, or individual working on behalf of the national media campaign; (F) the results of any financial audit of the national media campaign; (G) a description of any evidence used to develop the national media campaign; (H) specific policies and steps implemented to ensure compliance with this subsection; (I) a detailed accounting of the amount of funds obligated during the previous fiscal year for carrying out the national media campaign, including each recipient of funds, the purpose of each expenditure, the amount of each expenditure, any available outcome information, and any other information necessary to provide a complete accounting of the funds expended; and (J) a review and evaluation of the effectiveness of the national media campaign strategy for the previous year. (9) Authorization of appropriations There are authorized to be appropriated to the Director to carry out this section $5,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. 1311. Technical correction to Victims of Crime Act Section 1403(a)(1) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20102(a)(1) ) is amended by striking paragraph (3) and inserting paragraph (4) . 1312. Eliminating the marriage defense to statutory rape Section 2243(c) of title 18, United States Code, is amended— (1) in paragraph (1), by striking (1) In a and inserting In a ; and (2) by striking paragraph (2). 1313. Deputy Assistant Attorney General on Culturally Specific Communities within the Office of Justice programs (a) Establishment; duties There shall be a Deputy Assistant Attorney General on Culturally Specific Communities within the Office of Justice Programs who shall, under the guidance and authority of the Director of the Office of Justice Programs— (1) advise on the administration of grants related to culturally specific (as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) )) services and contracts with culturally specific organizations; (2) coordinate development of Federal policy, protocols, and guidelines on matters relating to domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ), in culturally specific communities; (3) advise the Assistant Attorney General for the Office of Justice Programs concerning policies, legislation, implementation of laws, and other issues relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities; (4) provide technical assistance, coordination, and support to other offices and bureaus in the Department of Justice to develop policy and to enforce Federal laws relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities; (5) ensure that appropriate technical assistance, developed and provided by entities having expertise in culturally specific communities, is made available to grantees and potential grantees proposing to serve culturally specific communities; and (6) ensure access to grants and technical assistance for culturally specific organizations and analyze the distribution of funding in order to identify barriers for culturally specific organizations. (b) Qualifications The Deputy Assistant Attorney General on Culturally Specific Communities shall be an individual with— (1) personal, lived, and work experience from a culturally specific community; and (2) a demonstrated history of and expertise in addressing domestic violence or sexual assault in a nongovernmental agency. (c) Initial appointment Not later than 120 days after the date of enactment of this Act, the Director of the Office of Justice Programs shall appoint an individual as Deputy Assistant Attorney General on Culturally Specific Communities. 1314. Task Force on Sexual Violence in Education (a) Task Force on Sexual Violence in Education Not later than September 1, 2022, the Secretary of Education, the Secretary of Health and Human Services, and the Attorney General shall establish a joint interagency task force to be known as the Task Force on Sexual Violence in Education that shall— (1) provide pertinent information to the Secretary of Education, the Attorney General, Congress, and the public with respect to campus sexual violence prevention, investigations, and responses, including the creation of consistent, public complaint processes for violations of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ); (2) provide recommendations to educational institutions for establishing sexual assault prevention and response teams; (3) develop recommendations for educational institutions on providing survivor resources, including health care, sexual assault kits, sexual assault nurse examiners, culturally responsive and inclusive standards of care, trauma-informed services, and access to confidential advocacy and support services; (4) develop recommendations in conjunction with student groups for best practices for responses to and prevention of sexual violence and dating violence for educational institutions, taking into consideration an institution’s size and resources; (5) develop recommendations for educational institutions on sex education, as appropriate, training for school staff, and various equitable discipline models; (6) develop recommendations on culturally responsive and inclusive approaches to supporting survivors, which include consideration of race, ethnicity, national origin, religion, immigrant status, lesbian, gay, bisexual, or transgender (commonly referred to as LGBT ) status, ability, disability, socio-economic status, exposure to trauma, and other compounding factors; (7) solicit periodic input from a diverse group of survivors, trauma specialists, advocates from national, State, and local anti-sexual violence advocacy organizations, institutions of higher education, and other public stakeholders; (8) assess the Department of Education’s ability under section 902 of the Education Amendments of 1972 ( 20 U.S.C. 1682 ) to levy intermediate fines for noncompliance with title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and the advisability of additional remedies for such noncompliance, in addition to the remedies already available under Federal law; and (9) create a plan described in subsection (c). (b) Personnel details (1) Authority to detail Notwithstanding any other provision of law, the head of a component of any Federal agency for which appropriations are authorized under the Violence Against Women Act of 1994 ( 34 U.S.C. 13925 et seq. ), or any amendments made by that Act, may detail an officer or employee of such component to the Task Force on Sexual Violence in Education or to the Secretary of Education to assist the Task Force with the duties described in subsection (a), as jointly agreed to by the head of such component and the Task Force. (2) Terms of detail A personnel detail made under paragraph (1) may be made— (A) for a period of not more than 3 years; and (B) on a reimbursable or nonreimbursable basis. (c) Additional plan Not later than 90 days after the date on which the Task Force on Sexual Violence in Education is established under subsection (a), the Task Force shall submit to Congress recommendations for recruiting, retaining, and training a highly-qualified workforce employed by the Department of Education to carry out investigation of complaints alleging a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) or section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ), and enforcement of such title IX ( 20 U.S.C. 1681 et seq. ) or such section 485(f) ( 20 U.S.C. 1092(f) ), with respect to sexual violence in education, which shall include— (1) an assessment to identify gaps or challenges in carrying out such investigation and enforcement, which may include surveying the current investigative workforce to solicit feedback on areas in need of improvement; (2) an examination of issues of recruiting, retention, and the professional development of the current investigative workforce, including the possibility of providing retention bonuses or other forms of compensation for the purpose of ensuring the Department of Education has the capacity, in both personnel and skills, needed to properly perform its mission and provide adequate oversight of educational institutions; (3) an assessment of the benefits of outreach and training with both law enforcement agencies and educational institutions with respect to such workforce; (4) an examination of best practices for making educational institutions aware of the most effective campus sexual violence prevention, investigation, and response practices and identifying areas where more research should be conducted; and (5) strategies for addressing such other matters as the Secretary of Education considers necessary to sexual violence prevention, investigation, and responses. (d) Annual reporting The Task Force on Sexual Violence in Education shall submit to Congress, and make publicly available, an annual report of its activities and any update of the plan required under subsection (c), including— (1) the number of complaints received regarding sexual violence at educational institutions; (2) the number of open investigations of sexual violence at educational institutions; (3) the number of such complaints that continued to resolution; (4) the number of such complaints resolved using informal resolution; (5) the average time to complete such an investigation; (6) the number of such investigations initiated based on complaints; and (7) the number of such investigations initiated by the Department of Education. (e) Definitions In this section: (1) Educational institution The term educational institution includes an institution of higher education, an elementary school, or a secondary school. (2) Elementary school; secondary school The terms elementary school and secondary school have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). 1315. Bree’s Law (a) Short title This section may be cited as Bree’s Law . (b) Teen dating violence prevention Section 1708 of the Public Health Service Act ( 42 U.S.C. 300u-7 ) is amended— (1) by striking subsection (c) and inserting the following: (c) Certain demonstration projects (1) In general In carrying out subsection (b)(3), the Secretary may make grants to carry out demonstration projects for the purpose of improving adolescent health, including— (A) projects to train health care providers in providing services to adolescents; and (B) projects to reduce the incidence of violence among adolescents, particularly violence related to teen dating, which shall include projects to develop and implement educational program to increase abuse awareness and prevention. (2) Authorization of appropriations For the purpose of carrying out paragraph (1), there are authorized to be appropriated $8,000,000 for each of fiscal years 2023 through 2027. ; and (2) by adding at the end the following: (g) Interagency Work Group (1) Establishment The Secretary shall establish the Federal Interagency Work Group on Teen Dating Violence (referred to in this section as the Work Group ). (2) In general (A) Composition Not later than 120 days after the date of enactment of Bree’s Law, the Secretary shall appoint representatives to the Work Group from the Administration for Children and Families, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Department of Education, the Department of Justice, and other Federal agencies as determined appropriate by the Secretary. (B) Consultation The Work Group shall consult with— (i) experts at the State, Tribal, and local levels with relevant backgrounds in reducing and preventing the incidence of teen dating violence; (ii) victims of teen dating violence; and (iii) family members of teens who were killed by a dating partner. (3) Duties The Work Group shall— (A) examine all Federal efforts directed towards reducing and preventing teen dating violence; (B) identify strategies, resources, and supports to improve State, Tribal, and local responses to the incidence of teen dating violence; (C) make recommendations to Congress for improving Federal programs and efforts and coordination across such programs and efforts to reduce and prevent teen dating violence; and (D) make recommendations for educating middle and high school students on teen dating violence. (4) Annual report to Secretary The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent teen dating violence. . 1316. Fairness for Rape Kit Backlog Survivors Act of 2022 (a) Short title This section may be cited as the Fairness for Rape Kit Backlog Survivors Act of 2022 . (b) Crime victim compensation Section 1403(b) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20102(b) ) is amended— (1) in paragraph (8), by striking and at the end; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: (9) beginning not later than 3 years after the date of enactment of this paragraph, such program— (A) provides a waiver for any application filing deadline imposed by the program for a crime victim if— (i) the crime victim is otherwise eligible for compensation; and (ii) the delay in filing the application was a result of a delay in the testing of, or a delay in the DNA profile matching from, a sexual assault forensic examination kit or biological material collected as evidence related to a sexual offense; and (B) does not require the crime victim to undergo an appeals process to have the application of the crime victim considered for a filing deadline waiver under subparagraph (A); and . 1317. Study relating to State actions to prohibit aiding and abetting sexual misconduct in schools Not later than 30 days after the date of enactment of this Act, the Secretary of Education shall publish in the Federal Register the findings of the Department of Education's study, as described in the notice published in the Federal Register entitled Agency Information Collection Activities; Comment Request; Study of State Policies to Prohibit Aiding and Abetting Sexual Misconduct in Schools (84 Fed. Reg. 57708 (October 28, 2019)), reviewing State actions to prohibit, in accordance with section 8546 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7926 ), the aiding and abetting of sexual misconduct in schools. 1318. Supporting Access to Nurse Exams Act (a) Short title This section may be cited as the Supporting Access to Nurse Exams Act or the SANE Act . (b) Definitions Section 304 of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40723 ) is amended by striking subsections (a), (b), and (c) and inserting the following: (a) Definitions In this section: (1) Eligible entity The term eligible entity includes— (A) a Tribal government or hospital; (B) a sexual assault examination program, including— (i) a SANE program; (ii) a SAFE program; (iii) a SART program; (iv) medical personnel, including a doctor or nurse, involved in treating victims of sexual assault; and (v) a victim service provider involved in treating victims of sexual assault; (C) a State sexual assault coalition; (D) a health care facility, including a hospital that provides sexual assault forensic examinations by a qualified or certified SANE or SAFE; (E) a sexual assault examination program that provides SANE or SAFE training; and (F) a community-based program that provides sexual assault forensic examinations, including pediatric forensic exams in a multidisciplinary setting, by a qualified or certified SANE or SAFE outside of a traditional health care setting. (2) Health care facility The term health care facility means any State, local, Tribal, community, free, nonprofit, academic, or private medical facility, including a hospital, that provides emergency medical care to patients. (3) Medical forensic examination; MFE The term medical forensic examination or MFE means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes— (A) gathering information from the patient for the medical forensic history; (B) an examination; (C) coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient; (D) documentation of findings; (E) providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and (F) providing follow-up as needed to provide additional healing, treatment, or collection of evidence. (4) Pediatric SANE and SAFE The term pediatric SANE and SAFE means a SANE or SAFE who is trained to conduct sexual assault forensic examinations on children and youth between the ages of 0 and 18. (5) Qualified personnel The term qualified personnel includes a registered or advanced practice nurse, physician, doctor of osteopathy, or physician assistant who has specialized training conducting medical forensic examinations. (6) Qualified SANE and SAFE training program The term qualified SANE and SAFE training program means a program that— (A) is qualified to prepare current and future sexual assault nurse examiners to be profession-ready and meet the applicable State and National certification and licensure requirements, through didactic, clinical, preceptor, or capstone programs that include longer-term training; (B) provides that preparation under a health care model that uses trauma-informed techniques; and (C) is approved as meeting the most recent National Training Standards for Sexual Assault Medical Forensic Examiners. (7) Rural area The term rural area has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). (8) Secretary The term Secretary means the Secretary of Health and Human Services. (9) Sexual assault The term sexual assault means any nonconsensual sexual act or sexual contact proscribed by Federal, Tribal, or State law, including when the individual lacks capacity to consent. (10) Sexual assault forensic examiner; SAFE The term sexual assault forensic examiner or SAFE means an individual who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (11) Sexual assault forensic examination The term sexual assault forensic examination means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes— (A) gathering information from the patient for the medical forensic history; (B) an examination; (C) coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient; (D) documentation of findings; (E) providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and (F) providing follow-up as needed to provide additional healing, treatment, or collection of evidence. (12) Sexual assault nurse examiner; SANE The term sexual assault nurse examiner or SANE means a registered or advanced practice nurse who has specialized training conducting medical forensic examinations. (13) Sexual assault response team; SART The term sexual assault response team or SART means a multidisciplinary team that— (A) provides a specialized and immediate response to survivors of sexual assault; and (B) may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists. (14) State The term State means any State of the United States, the District of Columbia, and any territory or possession of the United States. (15) Trauma-informed The term trauma-informed means, with respect to services or training, services or training that— (A) use a patient-centered approach to providing services or care; (B) promote the dignity, strength, and empowerment of patients who have experienced trauma; and (C) incorporate evidence-based practices based on knowledge about the impact of trauma on patients’ lives. (16) Underserved populations The term underserved populations has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). . (c) Sexual assault nurse examiner grants Section 304 of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40723 ) is amended by inserting after subsection (a), as amended by subsection (b) of this section, the following: (b) Sexual assault nurse examiner training program grants (1) Authorization for grants The Attorney General, in consultation with the Secretary, shall make grants to eligible entities for the following purposes: (A) To establish qualified regional SANE training programs— (i) to provide clinical education for SANE students; (ii) to provide salaries for full and part-time SANE instructors, including those specializing in pediatrics and working in a multidisciplinary team setting, to help with the clinical training of SANEs; and (iii) to provide access to simulation laboratories and other resources necessary for clinical education. (B) To provide full and part time salaries for SANEs and SAFEs, including pediatric SANEs and SAFEs. (C) To increase access to SANEs and SAFEs by otherwise providing training, education, or technical assistance relating to the collection, preservation, analysis, and use of DNA samples and DNA evidence by SANEs, SAFEs, and other qualified personnel. (2) Preference for grants In reviewing applications for grants under this section, the Attorney General shall give preference to any eligible entity that certifies in the grant application that the entity will coordinate with a rape crisis center or the State sexual assault coalition to facilitate sexual assault advocacy to support sexual assault survivors and use the grant funds to— (A) establish qualified SANE training programs in localities with a high volume of forensic trauma cases, including adult and child sexual assault, domestic violence, elder abuse, sex trafficking, and strangulation cases; (B) increase the local and regional availability of full and part time sexual assault nurse examiners in a rural area, Tribal area, an area with a health professional shortage, or for an underserved population, including efforts to provide culturally competent services; or (C) establish or sustain sexual assault mobile teams or units or otherwise enhance SANE and SAFE access through telehealth. . (d) Directive Section 304 of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40723 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (b), as added by subsection (c) of this section, the following: (c) Directive to the Attorney General (1) In general Not later than the beginning of fiscal year 2022, the Attorney General shall coordinate with the Secretary to inform health care facilities, including Federally qualified health centers and hospitals, colleges and universities, and other appropriate health-related entities about— (A) the availability of grant funding under this section; and (B) the role of sexual assault nurse examiners, both adult and pediatric, and available resources of the Department of Justice and the Department of Health and Human Services to train or employ sexual assault nurses examiners to address the needs of communities dealing with sexual assault, domestic violence, sex trafficking, elder abuse, strangulation, and, in particular, the need for pediatric SANEs, including such nurse examiners working in the multidisciplinary setting, in responding to abuse of both children and adolescents. (2) Requirement In carrying out paragraph (1), the Attorney General shall collaborate with nongovernmental organizations representing SANEs. (d) Public information on access to sexual assault forensic examinations (1) In general Not later than 2 years after the date of enactment of the Supporting Access to Nurse Exams Act, the Attorney General, in consultation with the Secretary, shall establish, and update annually, a public website on the access to forensic nurse examiners. (2) Contents The website required under paragraph (1) shall with specificity describe, by State— (A) funding opportunities for SANE training and continuing education; and (B) the availability of sexual assault advocates at locations providing sexual assault forensic exams. (3) Report to Congress Not later than 4 years after the date of enactment of the Supporting Access to Nurse Exams Act, the Attorney General, in consultation with the Secretary, shall submit to the Committee on the Judiciary of the Senate , the Committee on Health, Education, Labor, and Pensions of the Senate , the Committee on the Judiciary of the House of Representatives , and the Committee on Energy and Commerce of the House of Representatives a report on— (A) the availability of, and patient access to, trained SANEs and other providers who perform MFEs or sexual assault forensic examinations; (B) the health care facilities, including hospitals or clinics, that offer SANEs and sexual assault forensic examinations and whether each health care facility, including a hospital or clinic, has full-time, part-time, or on-call coverage; (C) regional, provider, or other barriers to access for SANE care and services, including MFEs and sexual assault forensic examinations; (D) State requirements, minimum standards, and protocols for training SANEs, including trauma-informed and culturally competent training standards; (E) State requirements, minimum standards, and protocols for training emergency services personnel involved in MFEs and sexual assault forensic examinations; (F) the availability of sexual assault nurse examiner training, frequency of when training is convened, the providers of such training, the State’s role in such training, and what process or procedures are in place for continuing education of such examiners; (G) the dedicated Federal and State funding to support SANE training; (H) funding opportunities for SANE training and continuing education; (I) the availability of sexual assault advocates at locations providing MFEs and sexual assault forensic exams; and (J) the total annual cost of conducting sexual assault forensic exams described in section 2010(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10449(b) ). . (e) Authorization of appropriations Subsection (e) of section 304 of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40723 ), as redesignated by subsection (d) of this section, is amended to read as follows: (e) Authorization of appropriations There are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027 to carry out this section. . XIV Cybercrime Enforcement 1401. Local law enforcement grants for enforcement of cybercrimes (a) Definitions In this section: (1) Computer The term computer includes a computer network and an interactive electronic device. (2) Cybercrime against individuals The term cybercrime against individuals — (A) means a criminal offense applicable in the area under the jurisdiction of the relevant State, Indian Tribe, or unit of local government that involves the use of a computer to harass, threaten, stalk, extort, coerce, cause fear to, or intimidate an individual, or without consent distribute intimate images of an adult, except that use of a computer need not be an element of such an offense; and (B) does not include the use of a computer to cause harm to a commercial entity, government agency, or non-natural person. (3) Indian Tribe; State; Tribal government; unit of local government The terms Indian Tribe , State , Tribal government , and unit of local government have the meanings given such terms in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ), as amended by this Act. (b) Authorization of grant program Subject to the availability of appropriations, the Attorney General shall award grants under this section to States, Indian Tribes, and units of local government for the prevention, enforcement, and prosecution of cybercrimes against individuals. (c) Application (1) In general To request a grant under this section, the chief executive officer of a State, Tribal government, or unit of local government shall submit an application to the Attorney General not later than 90 days after the date on which funds to carry out this section are appropriated for a fiscal year, in such form as the Attorney General may require. (2) Contents An application submitted under paragraph (1) shall include the following: (A) A certification that Federal funds made available under this section will not be used to supplant State, Tribal, or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. (B) An assurance that, not later than 30 days before the application (or any amendment to the application) was submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the State, Tribe, or unit of local government (or to an organization designated by that governing body). (C) An assurance that, before the application (or any amendment to the application) was submitted to the Attorney General— (i) the application (or amendment) was made public; and (ii) an opportunity to comment on the application (or amendment) was provided to citizens, to neighborhood or community-based organizations, and to victim service providers, to the extent applicable law or established procedure makes such an opportunity available; (D) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require. (E) A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that— (i) the programs to be funded by the grant meet all the requirements of this section; (ii) all the information contained in the application is correct; (iii) there has been appropriate coordination with affected agencies; and (iv) the applicant will comply with all provisions of this section and all other applicable Federal laws. (F) A certification that the State, Tribe, or in the case of a unit of local government, the State in which the unit of local government is located, has in effect criminal laws which prohibit cybercrimes against individuals. (G) A certification that any equipment described in subsection (d)(8) purchased using grant funds awarded under this section will be used primarily for investigations and forensic analysis of evidence in matters involving cybercrimes against individuals. (d) Use of funds Grants awarded under this section may be used only for programs that provide— (1) training for State, Tribal, or local law enforcement personnel relating to cybercrimes against individuals, including— (A) training such personnel to identify and protect victims of cybercrimes against individuals, provided that the training is developed in collaboration with victim service providers; (B) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals; (C) training such personnel to identify and investigate cybercrimes against individuals; (D) training such personnel to enforce and utilize the laws that prohibit cybercrimes against individuals; (E) training such personnel to utilize technology to assist in the investigation of cybercrimes against individuals and enforcement of laws that prohibit such crimes; and (F) the payment of overtime incurred as a result of such training; (2) training for State, Tribal, or local prosecutors, judges, and judicial personnel relating to cybercrimes against individuals, including— (A) training such personnel to identify, investigate, prosecute, or adjudicate cybercrimes against individuals; (B) training such personnel to utilize laws that prohibit cybercrimes against individuals; (C) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals; and (D) training such personnel to utilize technology to assist in the prosecution or adjudication of acts of cybercrimes against individuals, including the use of technology to protect victims of such crimes; (3) training for State, Tribal, or local emergency dispatch personnel relating to cybercrimes against individuals, including— (A) training such personnel to identify and protect victims of cybercrimes against individuals; (B) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals; (C) training such personnel to utilize technology to assist in the identification of and response to cybercrimes against individuals; and (D) the payment of overtime incurred as a result of such training; (4) assistance to State, Tribal, or local law enforcement agencies in enforcing laws that prohibit cybercrimes against individuals, including expenses incurred in performing enforcement operations, such as overtime payments; (5) assistance to State, Tribal, or local law enforcement agencies in educating the public in order to prevent, deter, and identify violations of laws that prohibit cybercrimes against individuals; (6) assistance to State, Tribal, or local law enforcement agencies to support the placement of victim assistants to serve as liaisons between victims of cybercrimes against individuals and personnel of law enforcement agencies; (7) assistance to State, Tribal, or local law enforcement agencies to establish task forces that operate solely to conduct investigations, forensic analyses of evidence, and prosecutions in matters involving cybercrimes against individuals; (8) assistance to State, Tribal, or local law enforcement agencies and prosecutors in acquiring computers, computer equipment, and other equipment necessary to conduct investigations and forensic analysis of evidence in matters involving cybercrimes against individuals, including expenses incurred in the training, maintenance, or acquisition of technical updates necessary for the use of such equipment for the duration of a reasonable period of use of such equipment; (9) assistance in the facilitation and promotion of sharing, with State, Tribal, and local law enforcement agencies and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving laws that prohibit cybercrimes against individuals, including the use of multijurisdictional task forces; or (10) assistance to State, Tribal, and local law enforcement and prosecutors in processing interstate extradition requests for violations of laws involving cybercrimes against individuals, including expenses incurred in the extradition of an offender from one State to another. (e) Reports to the Attorney General On the date that is 1 year after the date on which a State, Indian Tribe, or unit of local government receives a grant under this section, and annually thereafter, the chief executive officer of the State, Tribal government, or unit of local government shall submit to the Attorney General a report which contains— (1) a summary of the activities carried out during the previous year with any grant received under this section by such State, Indian Tribe, or unit of local government; (2) an evaluation of the results of such activities; and (3) such other information as the Attorney General may reasonably require. (f) Reports to Congress Not later than November 1 of each even-numbered fiscal year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the reports submitted under subsection (e). (g) Authorization of appropriations (1) In General There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2027. (2) Limitation Of the amount made available under paragraph (1) in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, technical assistance, salaries, and administrative expenses. 1402. National Resource Center grant (a) Definitions In this section: (1) Cybercrime against individuals The term cybercrime against individuals has the meaning given such term in section 1401. (2) Eligible Entity The term eligible entity means a nonprofit private organization that— (A) focuses on cybercrimes against individuals; (B) provides documentation to the Attorney General demonstrating experience working directly on issues of cybercrimes against individuals; and (C) includes on the organization’s advisory board representatives who— (i) have a documented history of working directly on issues of cybercrimes against individuals; (ii) have a history of working directly with victims of cybercrimes against individuals; and (iii) are geographically and culturally diverse. (b) Authorization of grant program Subject to the availability of appropriations, the Attorney General shall award a grant under this section to an eligible entity for the purpose of the establishment and maintenance of a National Resource Center on Cybercrimes Against Individuals to provide resource information, training, and technical assistance to improve the capacity of individuals, organizations, governmental entities, and communities to prevent, enforce, and prosecute cybercrimes against individuals. (c) Application (1) In general To request a grant under this section, an eligible entity shall submit an application to the Attorney General not later than 90 days after the date on which funds to carry out this section are appropriated for fiscal year 2022 in such form as the Attorney General may require. (2) Contents An application submitted under paragraph (1) shall include the following: (A) An assurance that, for each fiscal year covered by the application, the applicant will maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require. (B) A certification, made in a form acceptable to the Attorney General, that— (i) the programs funded by the grant meet all the requirements of this section; (ii) all the information contained in the application is correct; and (iii) the applicant will comply with all provisions of this section and all other applicable Federal laws. (d) Use of funds The eligible entity awarded a grant under this section shall use such amounts for the establishment and maintenance of a National Resource Center on Cybercrimes Against Individuals, which shall— (1) offer a comprehensive array of technical assistance and training resources to Federal, State, and local governmental agencies, community-based organizations, and other professionals and interested parties related to cybercrimes against individuals, including programs and research related to victims; (2) maintain a resource library which shall collect, prepare, analyze, and disseminate information and statistics related to— (A) the incidence of cybercrimes against individuals; (B) the enforcement and prosecution of laws relating to cybercrimes against individuals; and (C) the provision of supportive services and resources for victims, including victims from underserved populations, of cybercrimes against individuals; and (3) conduct research related to— (A) the causes of cybercrimes against individuals; (B) the effect of cybercrimes against individuals on victims of such crimes; and (C) model solutions to prevent or deter cybercrimes against individuals or to enforce the laws relating to cybercrimes against individuals. (e) Duration of grant (1) In general A grant awarded under this section shall be awarded for a period of 5 years. (2) Renewal A grant under this section may be renewed for additional 5-year periods if the Attorney General determines that the funds made available to the recipient were used in a manner described in subsection (d), and if the recipient resubmits an application described in subsection (c) in such form, and at such time, as the Attorney General may reasonably require. (f) Subgrants The eligible entity awarded a grant under this section may make subgrants to other nonprofit private organizations with relevant subject matter expertise in order to establish and maintain the National Resource Center on Cybercrimes Against Individuals in accordance with subsection (d). (g) Reports to the Attorney General On the date that is 1 year after the date on which an eligible entity receives a grant under this section, and annually thereafter for the duration of the grant period, the entity shall submit to the Attorney General a report which contains— (1) a summary of the activities carried out under the grant program during the previous year; (2) an evaluation of the results of such activities; and (3) such other information as the Attorney General may reasonably require. (h) Reports to Congress Not later than November 1 of each even-numbered fiscal year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the reports submitted under subsection (g). (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2023 through 2027. 1403. National strategy, classification, and reporting on cybercrime (a) Definitions In this section: (1) Computer The term computer includes a computer network and any interactive electronic device. (2) Cybercrime against individuals The term cybercrime against individuals has the meaning given the term in section 1401. (b) National strategy The Attorney General shall develop a national strategy to— (1) reduce the incidence of cybercrimes against individuals; (2) coordinate investigations of cybercrimes against individuals by Federal law enforcement agencies; (3) increase the number of Federal prosecutions of cybercrimes against individuals; and (4) develop an evaluation process that measures rates of cybercrime victimization and prosecutorial rates among Tribal and culturally specific communities. (c) Classification of cybercrimes against individuals for purposes of crime reports In accordance with the authority of the Attorney General under section 534 of title 28, United States Code, the Director of the Federal Bureau of Investigation shall— (1) design and create within the Uniform Crime Reports a category for offenses that constitute cybercrimes against individuals; (2) to the extent feasible, within the category established under paragraph (1), establish subcategories for each type of cybercrime against individuals that is an offense under Federal or State law; (3) classify the category established under paragraph (1) as a Part I crime in the Uniform Crime Reports; and (4) classify each type of cybercrime against individuals that is an offense under Federal or State law as a Group A offense for the purpose of the National Incident-Based Reporting System. (d) Annual summary The Attorney General shall publish an annual summary of the information reported in the Uniform Crime Reports and the National Incident-Based Reporting System relating to cybercrimes against individuals, including an evaluation of the implementation process for the national strategy developed under subsection (b) and outcome measurements on its impact on Tribal and culturally specific communities. XV Keeping Children Safe from Family Violence 1501. Short title This title may be cited as the Keeping Children Safe From Family Violence Act or Kayden’s Law . 1502. Findings Congress finds the following: (1) Approximately 1 in 15 children is exposed to domestic violence each year. (2) Most child abuse is perpetrated in the family and by a parent. Intimate partner violence and child abuse overlap in the same families at rates between 30 and 60 percent. A child’s risk of abuse increases after a perpetrator of intimate partner violence separates from a domestic partner, even when the perpetrator has not previously directly abused the child. Children who have witnessed intimate partner violence are approximately 4 times more likely to experience direct child maltreatment than children who have not witnessed intimate partner violence. (3) More than 75 percent of child sexual abuse is perpetrated by a family member or a person known to the child. Data of the Department of Justice shows that family members are 49 percent, or almost half, of the perpetrators of crimes against child sex assault victims younger than 6 years of age. (4) Research suggests a child’s exposure to a batterer is among the strongest indicators of risk of incest victimization. One study found that female children with fathers who are batterers of their mothers were 6.5 times more likely to experience father-daughter incest than female children who do not have abusive fathers. (5) Child abuse is a major public health issue in the United States. Total lifetime financial costs associated with just 1 year of confirmed cases of child maltreatment, including child physical abuse, sexual abuse, psychological abuse, and neglect, result in $124,000,000,000 in annual costs to the economy of the United States, or approximately 1 percent of the gross domestic product of the United States. (6) Empirical research indicates that courts regularly discount allegations of child physical and sexual abuse when those allegations are raised in child custody cases. Courts believed less than ¼ of claims that a father has committed child physical or sexual abuse. With respect to cases in which an allegedly abusive parent claimed the mother alienated the child, courts believed only 1 out of 51 claims of sexual molestation by a father. Independent research indicates that child sexual abuse allegations are credible between 50 and 70 percent of the time. (7) Empirical research shows that alleged or known abusive parents are often granted custody or unprotected parenting time by courts. Approximately 1/3 of parents alleged to have committed child abuse took primary custody from the protective parent reporting the abuse, placing children at ongoing risk. (8) Researchers have documented nearly 800 child murders in the United States since 2008 committed by a divorcing or separating parent. More than 100 of these child murders are known to have occurred after a court ordered the child to have contact with the dangerous parent over the objection of a safe parent or caregiver. (9) Scientifically unsound theories that treat abuse allegations of mothers as likely false attempts to undermine fathers are frequently applied in family court to minimize or deny reports of abuse of parents and children. Many experts who testify against abuse allegations lack expertise in the relevant type of alleged abuse, relying instead on unsound and unproven theories. (10) Judges presiding over custody cases involving allegations of child abuse, child sexual abuse, and domestic violence are rarely required to receive training on these subjects, and most States have not established standards for such training. 1503. Purposes The purposes of this title are to— (1) increase the priority given to child safety in any State court divorce, separation, visitation, paternity, child support, civil protection order, or family custody court proceeding affecting the custody and care of children, excluding child protective, abuse, or neglect proceedings and juvenile justice proceedings; (2) strengthen the abilities of courts to— (A) recognize and adjudicate domestic violence and child abuse allegations based on valid, admissible evidence; and (B) enter orders that protect and minimize the risk of harm to children; and (3) ensure that professional personnel involved in cases containing domestic violence or child abuse allegations receive trauma-informed and culturally appropriate training on the dynamics, signs, and impact of domestic violence and child abuse, including child sexual abuse. 1504. Increased funding for STOP grants Section 2007 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10446 ) is amended by adding at the end the following: (k) Grant increases for States with certain child custody proceeding laws and standards (1) Definitions In this subsection: (A) Child custody proceeding The term child custody proceeding — (i) means a private family court proceeding in State or local court that, with respect to a child, involves the care or custody of the child in a private divorce, separation, visitation, paternity, child support, legal or physical custody, or civil protection order proceeding between the parents of the child; and (ii) does not include— (I) any child protective, abuse, or neglect proceeding; (II) a juvenile justice proceeding; or (III) any child placement proceeding in which a State, local, or Tribal government, a designee of such a government, or any contracted child welfare agency or child protective services agency of such a government is a party to the proceeding. (B) Eligible State The term eligible State means a State that— (i) receives a grant under subsection (a); and (ii) has in effect— (I) each law described in paragraph (3); (II) the standards described in paragraph (4); and (III) the training program described in paragraph (5). (C) Reunification treatment The term reunification treatment means a treatment or therapy aimed at reuniting or reestablishing a relationship between a child and an estranged or rejected parent or other family member of the child. (2) Increase (A) In general The Attorney General shall increase the amount of a grant awarded under subsection (a) to an eligible State that submits an application under paragraph (6) by an amount that is not more than 10 percent of the average of the total amount of funding provided to the State under subsection (a) under the 3 most recent awards to the State. (B) Term of increase An increase of a grant under subparagraph (A) shall be for 1 fiscal year. (C) Renewal An eligible State that receives an increase under subparagraph (A) may submit an application for renewal of the increase at such time, in such manner, and containing such information as the Attorney General may reasonably require. (D) Limit An eligible State may not receive an increase under subparagraph (A) for more than 4 fiscal years. (3) Laws The laws described in this paragraph are the following: (A) A law that ensures that, with respect to a child custody proceeding in which a parent has been alleged to have committed domestic violence or child abuse, including child sexual abuse— (i) expert evidence from a court-appointed or outside professional relating to the alleged abuse may be admitted only if the professional possesses demonstrated expertise and clinical experience in working with victims of domestic violence or child abuse, including child sexual abuse, that is not solely of a forensic nature; and (ii) in making a finding regarding any allegation of domestic violence or child abuse, including child sexual abuse, in addition to any other relevant admissible evidence, evidence of past sexual or physical abuse committed by the accused parent shall be considered, including— (I) any past or current protection or restraining orders against the accused parent; (II) sexual violence abuse protection orders against the accused parent; (III) arrests of the accused parent for domestic violence, sexual violence, or child abuse; or (IV) convictions of the accused parent for domestic violence, sexual violence, or child abuse. (B) A law that ensures that, during a child custody proceeding— (i) a court may not, solely in order to improve a deficient relationship with the other parent of a child, remove the child from a parent or litigating party— (I) who is competent, protective, and not physically or sexually abusive; and (II) with whom the child is bonded or to whom the child is attached; (ii) a court may not, solely in order to improve a deficient relationship with the other parent of a child, restrict contact between the child and a parent or litigating party— (I) who is competent, protective, and not physically or sexually abusive; and (II) with whom the child is bonded or to whom the child is attached; (iii) a court may not order a reunification treatment, unless there is generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the reunification treatment; (iv) a court may not order a reunification treatment that is predicated on cutting off a child from a parent with whom the child is bonded or to whom the child is attached; and (v) any order to remediate the resistance of a child to have contact with a violent or abusive parent primarily addresses the behavior of that parent or the contributions of that parent to the resistance of the child before ordering the other parent of the child to take steps to potentially improve the relationship of the child with the parent with whom the child resists contact. (C) A law that requires judges and magistrates who hear child custody proceedings and other relevant court personnel involved in child custody proceedings, including guardians ad litem, best interest attorneys, counsel for children, custody evaluators, masters, and mediators to complete, with respect to the training program described in paragraph (5)— (i) not less than 20 hours of initial training; and (ii) not less than 15 hours of ongoing training every 5 years. (4) Uniform required standards The standards described in this paragraph are uniform required standards that— (A) apply to any neutral professional appointed by a court during a child custody proceeding to express an opinion relating to abuse, trauma, or the behaviors of victims and perpetrators of abuse and trauma; and (B) require that a professional described in subparagraph (A) possess demonstrated expertise and clinical experience in working with victims of domestic violence or child abuse, including child sexual abuse, that is not solely of a forensic nature. (5) Training and education program The training program described in this paragraph is an ongoing training and education program that— (A) focuses solely on domestic and sexual violence and child abuse, including— (i) child sexual abuse; (ii) physical abuse; (iii) emotional abuse; (iv) coercive control; (v) implicit and explicit bias, including biases relating to parents with disabilities; (vi) trauma; (vii) long- and short-term impacts of domestic violence and child abuse on children; and (viii) victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence; (B) is provided by— (i) a professional with substantial experience in assisting survivors of domestic violence or child abuse, including a victim service provider (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )); and (ii) if possible, a survivor of domestic violence or child physical or sexual abuse; (C) relies on evidence-based and peer-reviewed research by recognized experts in the types of abuse described in subparagraph (A); (D) does not include theories, concepts, or belief systems unsupported by the research described in subparagraph (C); and (E) is designed to improve the ability of courts to— (i) recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in all family victims, particularly children; and (ii) make appropriate custody decisions that— (I) prioritize child safety and well-being; and (II) are culturally sensitive and appropriate for diverse communities. (6) Application (A) In general An eligible State desiring a grant increase under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. (B) Contents An application submitted by an eligible State under subparagraph (A) shall include information relating to— (i) the laws described paragraph (3); (ii) the standards described in paragraph (4); and (iii) the training program described in paragraph (5). (7) Use of funds An eligible State that receives a grant increase under paragraph (2)(A) shall use the total amount of the increase for the purposes described in subparagraph (C) or (D) of subsection (c)(4). (8) Rule of construction Nothing in this subsection shall be interpreted as discouraging States from adopting additional provisions to increase safe outcomes for children. Additional protective provisions are encouraged. (9) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2023 through 2027. . 1505. Sexual assault survivors' rights Section 3772(a)(2) of title 18, United States Code, is amended— (1) in subparagraph (B), by striking ; and and inserting a semicolon; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (D) be informed of the status and location of a sexual assault evidence collection kit. . 1506. Grants to State and Tribal courts to implement protection order pilot programs Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10461 et seq. ) is amended— (1) by redesignating sections 2103, 2104, and 2105 as sections 2104, 2105, and 2106, respectively; and (2) by inserting after section 2102 the following: 2103. Grants to State and Tribal courts to implement protection order pilot programs (a) Definition of eligible entity In this section, the term eligible entity means a State or Tribal court that is part of a multidisciplinary partnership that includes, to the extent practicable— (1) a State, Tribal, or local law enforcement agency; (2) a State, Tribal, or local prosecutor's office; (3) a victim service provider or State or Tribal domestic violence coalition; (4) a provider of culturally specific services; (5) a nonprofit program or government agency with demonstrated experience in providing legal assistance or legal advice to victims of domestic violence and sexual assault; (6) the bar association of the applicable State or Indian Tribe; (7) the State or Tribal association of court clerks; (8) a State, Tribal, or local association of criminal defense attorneys; (9) not fewer than 2 individuals with expertise in the design and management of court case management systems and systems of integration; (10) not fewer than 2 State or Tribal court judges with experience in— (A) the field of domestic violence; and (B) issuing protective orders; and (11) a judge assigned to the criminal docket of the State or Tribal court. (b) Grants authorized (1) In general The Attorney General shall make grants to eligible entities to carry out the activities described in subsection (c) of this section. (2) Number The Attorney General may award not more than 10 grants under paragraph (1). (3) Amount The amount of a grant awarded under paragraph (1) may be not more than $1,500,000. (c) Mandatory activities (1) In general An eligible entity that receives a grant under this section shall use the grant funds, in consultation with the partners of the eligible entity described in subsection (a), to— (A) develop and implement a program for properly and legally serving protection orders through electronic communication methods to— (i) modernize the service process and make the process more effective and efficient; (ii) provide for improved safety of victims; and (iii) make protection orders enforceable as quickly as possible; (B) develop best practices relating to the service of protection orders through electronic communication methods; (C) ensure that the program developed under subparagraph (A) complies with due process requirements and any other procedures required by law or by a court; and (D) implement any technology necessary to carry out the program developed under subparagraph (A), such as technology to verify and track the receipt of a protection order by the intended party. (2) Timeline An eligible entity that receives a grant under this section shall— (A) implement the program required under paragraph (1)(A) not later than 2 years after the date on which the eligible entity receives the grant; and (B) carry out the program required under paragraph (1)(A) for not fewer than 3 years. (d) Diversity of recipients The Attorney General shall award grants under this section to eligible entities in a variety of areas and situations, including, to the extent practicable— (1) a State court that serves a population of not fewer than 1,000,000 individuals; (2) a State court that— (A) serves a State that is among the 7 States with the lowest population density in the United States; and (B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General; (3) a State court that— (A) serves a State that is among the 7 States with the highest population density in the United States; and (B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General; (4) a court that uses an integrated, statewide case management system; (5) a court that uses a standalone case management system; (6) a Tribal court; and (7) a court that primarily serves a culturally specific and underserved population. (e) Application (1) In general An eligible entity desiring a grant under this section shall submit to the Attorney General an application that includes— (A) a description of the process that the eligible entity uses for service of protection orders at the time of submission of the application; (B) to the extent practicable, statistics relating to protection orders during the 3 calendar years preceding the date of submission of the application, including rates of— (i) successful service; and (ii) enforcement; (C) an initial list of the entities serving as the partners of the eligible entity described in subsection (a); and (D) any other information the Attorney General may reasonably require. (2) No other application required An eligible entity shall not be required to submit an application under section 2102 to receive a grant under this section. (f) Report to Attorney General (1) Initial report Not later than 2 years after the date on which an eligible entity receives a grant under this section, the eligible entity shall submit to the Attorney General a report that details the plan of the eligible entity for implementation of the program under subsection (c). (2) Subsequent reports (A) In general Not later than 1 year after the date on which an eligible entity implements a program under subsection (c), and not later than 2 years thereafter, the eligible entity shall submit to the Attorney General a report that describes the program, including, with respect to the program— (i) the viability; (ii) the cost; (iii) service statistics; (iv) the challenges; (v) an analysis of the technology used to fulfill the goals of the program; (vi) an analysis of any legal or due process issues resulting from the electronic service method described in subsection (c)(1)(A); and (vii) best practices for implementing such a program in other similarly situated locations. (B) Contents of final report An eligible entity shall include in the second report submitted under subparagraph (A) recommendations for— (i) future nationwide implementation of the program implemented by the eligible entity; and (ii) usage of electronic service, similar to the service used by the eligible entity, for other commonly used court orders, including with respect to viability and cost. (g) No regulations or guidelines required Notwithstanding section 2105, the Attorney General shall not be required to publish regulations or guidelines implementing this section. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for fiscal years 2023 through 2027. . 1507. Online survey tool for campus safety (a) In general The Secretary of Education, in consultation with the Attorney General, the Director of the Centers for Disease Control and Prevention, the Secretary of Health and Human Services, and experts in domestic violence, dating violence, sexual assault, sexual harassment, and stalking, shall develop, design, and make available through a secure and accessible online portal, a standardized online survey tool regarding postsecondary student experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking. (b) Development of survey tool In developing the survey tool required under subsection (a), the Secretary of Education shall— (1) use best practices from peer-reviewed research measuring domestic violence, dating violence, sexual assault, sexual harassment, and stalking; (2) consult with the higher education community, experts in survey research related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking, and organizations engaged in the prevention of and response to, and advocacy on behalf of victims of, domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including victims from culturally specific populations and victims with disabilities, regarding the development and design of such survey tool and the methodology for administration of such survey tool; and (3) ensure that the survey tool is readily accessible to and usable by individuals with disabilities. (c) Elements (1) In general The survey tool developed pursuant to this section shall be fair and unbiased, be scientifically valid and reliable, meet the highest standards of survey research, and notify the participant that anonymized results of the survey may be published. (2) Survey questions Survey questions included in the survey tool developed pursuant to this section shall— (A) be designed to gather information on student experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including the experiences of victims of such incidents; (B) use trauma-informed language to prevent re-traumatization; and (C) include— (i) questions that give students the option to report their demographic information; (ii) questions designed to determine the incidence and prevalence of domestic violence, dating violence, sexual assault, sexual harassment, and stalking; (iii) questions regarding whether students know about institutional policies and procedures related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking; (iv) questions designed to determine, if victims reported domestic violence, dating violence, sexual assault, sexual harassment, or stalking— (I) to whom the incident was reported and what response the victim may have received; (II) whether the victim was informed of, or referred to, national, State, local, Tribal, or on-campus resources; and (III) whether the entity to whom the victim reported the incident conducted an investigation and the duration and final resolution of such an investigation; (v) questions regarding contextual factors, such as whether force, incapacitation, or coercion was involved; (vi) questions to determine whether an accused individual was a student at the institution; (vii) questions to determine whether a victim reported an incident to Federal, State, local, Tribal, or campus law enforcement; (viii) questions to determine why the victim chose to report or not report an incident to the institution or State, local, or campus law enforcement; (ix) questions to determine the impact of domestic violence, dating violence, sexual assault, sexual harassment, and stalking on the victim’s education, including diminished grades, dropped classes, leaves of absence, and negative financial consequences (such as costs associated with loss in paid tuition due to leaves of absence, loss in scholarship awards due to diminished grades, loss of foreign-student visas, and costs associated with counseling, medical services, or housing changes); (x) questions to determine the impact and effectiveness of prevention and awareness programs and complaints processes; (xi) questions to determine attitudes toward sexual violence and harassment, including the willingness of individuals to intervene as a bystander to sex-based (including against lesbian, gay, bisexual, or transgender (commonly referred to as LGBT ) individuals), race-based, national origin-based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, sexual assault, sexual harassment, and stalking; and (xii) other questions, as determined by the Secretary of Education. (3) Additional elements In addition to the standardized questions developed by the Secretary of Education under paragraph (2), subject to the review and approval of the Secretary of Education, an institution of higher education may request additional information from students that would increase the understanding of the institution of school climate factors unique to the campuses affiliated with the institution. (4) Responses The responses to the survey questions described in paragraph (2) shall— (A) be submitted confidentially; (B) not be included in crime statistics; and (C) in the case of such responses being included in a report, not include personally identifiable information. (d) Administration of survey (1) Federal administration The Secretary of Education, in consultation with the Attorney General, the Director of the Centers for Disease Control and Prevention, and the Secretary of Health and Human Services, shall develop a mechanism by which institutions of higher education may, with respect to the survey tool developed pursuant to this section— (A) administer such survey tool; and (B) modify such survey tool to include additional elements or requirements, as determined by the institution, subject to the review and approval of the Secretary of Education. (2) Costs The Secretary of Education may not require an institution of higher education to pay to modify the survey tool in accordance with paragraph (1)(B). (3) Accessibility The Secretary of Education shall ensure that the survey tool is administered in such a way as to be readily accessible to and usable by individuals with disabilities. (4) Institutional administration Beginning not later than 1 year after the date on which the Secretary of Education makes available to institutions the mechanism described in paragraph (1), and every 2 years thereafter, each institution of higher education that receives Federal educational assistance shall administer the survey tool developed pursuant to this section. (e) Completed surveys The Secretary of Education shall require each institution of higher education that administers the survey tool developed pursuant to this section to ensure, to the maximum extent practicable, that an adequate, random, and representative sample size of students (as determined by the Secretary) enrolled at the institution complete the survey tool developed pursuant to this section. (f) Report (1) In general Beginning not later than 2 years after the date of enactment of this Act, the Secretary of Education shall— (A) prepare a biennial report on the information gained from the standardized elements of the survey under this section and publish such report in an accessible format on the website of the Department of Education, including as part of any online consumer tool offered or supported by the Department of Education that provides information to students regarding specific postsecondary educational institutions, such as the College Scorecard or any successor or similar tool; and (B) submit such report to Congress. (2) Inclusions and exclusions The report required to be prepared under paragraph (1)— (A) shall include campus-level data for each institution and attributed by name of each campus in a manner that permits comparisons across institutions and campuses; and (B) shall not publish any individual survey responses. (g) Publication Each institution of higher education shall publish, in a manner that is readily accessible and usable by individuals, including individuals with disabilities— (1) the campus-level results of the standardized elements of the survey under this section on the website of the institution and in the biennial report required under subsection (f) for the campuses affiliated with the institution; and (2) the campus-level results of the additional elements modifying the survey by the institution, if any, on the website of the institution. 1508. Study on child custody in domestic violence cases The Attorney General, in consultation with the Secretary of Health and Human Services, shall conduct a study that shall— (1) provide a review of State laws, regulations, and practices on how child neglect and custody situations are handled in domestic violence situations; and (2) include a list of recommendations on how to restructure State laws, regulations, and practices to better protect victims of domestic violence and their children.
February 10, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3623pcs/xml/BILLS-117s3623pcs.xml |
117-s-3624 | II 117th CONGRESS 2d Session S. 3624 IN THE SENATE OF THE UNITED STATES February 10, 2022 Mr. Carper (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Shoreline Health Oversight, Restoration, Resilience, and Enhancement Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Sec. 3. Shoreline and riverbank protection and restoration mission. Sec. 4. Project authorizations. Sec. 5. Modifications. Sec. 6. Reauthorization of certain beach nourishment projects. Sec. 7. Special rule for certain beach nourishment projects. Sec. 8. Protection and restoration of other Federal land along rivers and coasts. Sec. 9. Flood and coastal storm risk management feasibility studies. Sec. 10. Credit in lieu of reimbursement. Sec. 11. Coastal cost calculations. Sec. 12. Advance payment in lieu of reimbursement for certain Federal costs. Sec. 13. Cost sharing for nonstructural projects. Sec. 14. Coastal community flood control and other purposes. Sec. 15. Port Fourchon, Louisiana, dredged material disposal plan. Sec. 16. Delaware shore protection and restoration. Sec. 17. Great Lakes advance measures assistance. Sec. 18. Forecasting models for the Great Lakes. Sec. 19. Chattahoochee River program. Sec. 20. Mississippi River mat sinking unit. Sec. 21. Rehabilitation of existing levees. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Army. 3. Shoreline and riverbank protection and restoration mission (a) Declaration of policy Congress declares that— (1) it is the policy of the United States to protect and restore the shorelines of the United States, which include each beach and shore of the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes, and lakes, estuaries, and bays directly connected to those bodies of water, from the damaging impacts of climate change and other factors contributing to the vulnerability of coastal communities and ecosystems; (2) the protection and restoration of shores, and of the banks of rivers and streams, from erosion and other damaging forces exacerbated by climate change shall be restored to a primary mission of the Corps of Engineers in carrying out water resources development projects; (3) projects and measures for the protection and restoration of shores, and of the banks of rivers and streams, shall be formulated to increase the resilience of such shores, and of such banks, from the damaging impacts of climate change and other factors contributing to the vulnerability of coastal and riverine communities and ecosystems using measures described in section 1184(a) of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a(a) ) to the maximum extent practicable; and (4) periodic nourishment shall be provided, in accordance with subsection (c) of the first section of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e(c) ), and subject to section 156 of the Water Resources Development Act of 1976 ( 42 U.S.C. 1962d–5f ), for projects and measures carried out for the purpose of restoring and increasing the resilience of ecosystems to the same extent as periodic nourishment is provided for projects and measures carried out for the purpose of coastal storm risk management. (b) Shoreline and riverine protection and restoration (1) In general Section 212 of the Water Resources Development Act of 1999 ( 33 U.S.C. 2332 ) is amended— (A) in the section heading, by striking Flood mitigation and riverine restoration program and inserting Shoreline and riverine protection and restoration ; (B) in subsection (a)— (i) by striking undertake a program for the purpose of conducting and inserting carry out ; (ii) by striking to reduce flood hazards and inserting to reduce erosion and flood and coastal storm hazards ; and (iii) by inserting and shorelines after rivers ; (C) in subsection (b)— (i) in paragraph (1)— (I) by striking In carrying out the program, the and inserting The ; (II) by inserting and coastal storm after flood ; and (III) by inserting erosion mitigation, after reduction, ; (ii) in paragraph (3), by striking flood damages and inserting flood and coastal storm damages, including the use of measures described in section 1184(a) of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a(a) ) ; and (iii) in paragraph (4)— (I) by inserting and coastal storm after flood ; (II) by inserting , shoreline, after riverine ; and (III) by inserting and coastal barriers after floodplains ; (D) in subsection (c)— (i) by striking paragraph (1) and inserting the following: (1) Studies The non-Federal share of the cost of a study under this section shall be— (A) 20 percent; and (B) 10 percent, in the case of a study benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )). ; and (ii) in paragraph (2)— (I) in the paragraph heading, by striking flood control ; and (II) by striking subparagraph (A) and inserting the following: (A) In general Design and construction of a nonstructural measure or project, a measure or project described in section 1184(a) of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a(a) ), or for a measure or project for environmental restoration, shall be subject to cost sharing in accordance with section 103(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(b) ). ; and (iii) in paragraph (3)— (I) in the paragraph heading, by inserting or hurricane and storm damage reduction after flood control ; (II) by inserting or hurricane and storm damage reduction after flood control ; and (III) by striking section 103(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(a) ) and inserting section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ), except that the non-Federal share of the cost to design and construct a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )) shall be 10 percent ; (E) in subsection (d)— (i) by striking paragraph (2); (ii) by striking the subsection designation and heading and all that follows through Notwithstanding in paragraph (1) in the matter preceding subparagraph (A) and inserting the following: (d) Project justification Notwithstanding ; (iii) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively, and indenting appropriately; and (iv) in paragraph (1) (as so redesignated), by striking flood damages and inserting flood, coastal storm, or erosion damages ; (F) in subsection (e)— (i) by redesignating paragraphs (1) through (33) as subparagraphs (A) through (GG), respectively, and indenting appropriately; (ii) in the matter preceding subparagraph (A) (as so redesignated), by striking In carrying out and inserting the following: (1) In general In carrying out ; and (iii) by adding at the end the following: (2) Priority projects In carrying out this section after the date of enactment of the Shoreline Health Oversight, Restoration, Resilience, and Enhancement Act , the Secretary shall prioritize projects for the following locations: (A) Delaware Bay Beaches, Delaware. (B) Louisiana Coastal Area, Louisiana. (C) Great Lakes Shores and Watersheds. (D) Oregon Coastal Area, Oregon. (E) Upper Missouri River Basin. (F) Kanawha River Basin, West Virginia. (G) Any additional locations, as determined annually by the Secretary. ; (G) by striking subsections (f), (g), and (i); (H) by redesignating subsection (h) as subsection (f); and (I) in subsection (f) (as so redesignated), by striking paragraph (2) and inserting the following: (2) Projects requiring specific authorization The Secretary shall not carry out a project until Congress enacts a law authorizing the Secretary to carry out the project, if the Federal share of the cost to design and construct the project exceeds— (A) $26,000,000, in the case of a project benefitting an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )); (B) $23,000,000, in the case of a project other than a project benefitting an economically disadvantaged community (as so defined) that— (i) is for purposes of environmental restoration; or (ii) derives not less than 50 percent of the erosion, flood, or coastal storm risk reduction benefits from nonstructural measures or measures described in section 1184(a) of the Water Resources Development Act of 2016 ( 33 U.S.C. 2289a(a) ); or (C) $18,500,000, for a project other than a project described in subparagraph (A) or (B). . (2) Clerical amendment The table of contents in section 1(b) of the Water Resources Development Act of 1999 (113 Stat. 269) is amended by striking the item relating to section 212 and inserting the following: Sec. 212. Shoreline and riverine protection and restoration. . 4. Project authorizations (a) In general The following projects for water resources development and conservation and other purposes, as identified in the reports titled Report to Congress on Future Water Resources Development submitted to Congress pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d ) or otherwise reviewed by Congress, are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the respective reports or decision documents designated in this section: (1) Coastal storm risk management A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. CT Fairfield and New Haven Counties January 19, 2021 Federal: $86,542,000 Non-Federal: $46,599,000 Total: $133,141,000 2. PR San Juan Metro September 16, 2021 Federal: $237,885,000 Non-Federal: $127,306,000 Total: $365,190,000 3. FL Florida Keys, Monroe County September 24, 2021 Federal: $1,367,250,000 Non-Federal: $736,212,000 Total: $2,103,462,000 4. FL Okaloosa County October 7, 2021 Federal: $19,822,000 Non-Federal: $11,535,000 Total: $31,357,000 5. SC Folly Beach October 26, 2021 Federal: $45,490,000 Non-Federal: $5,054,000 Total: $50,544,000 6. FL Pinellas County October 29, 2021 Federal: $8,627,000 Non-Federal: $5,332,000 Total: $13,959,000 7. NY South Shore of Staten Island, Fort Wadsworth to Oakwood Beach October 27, 2016 Federal: $371,310,000 Non-Federal: $199,940,000 Total: $571,250,000 8. LA Upper Barataria Basin January 28, 2022 Federal: $1,005,000,750 Non-Federal: $541,154,250 Total: $1,546,155,000 (2) Ecosystem restoration A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. CA Prado Basin Ecosystem Restoration, San Bernardino, Riverside and Orange Counties April 22, 2021 Federal: $29,838,000 Non-Federal: $16,066,000 Total: $45,904,000 (3) Coastal storm risk management and ecosystem restoration A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. TX Coastal Texas Protection and Restoration Feasibility Study September 16, 2021 Federal: $17,978,202,000 Non-Federal: $10,894,929,000 Total: $28,873,131,000 (4) Modifications and other projects A. State B. Name C. Date of Report or Decision Document D. Estimated Costs 1. LA Lake Pontchartrain and Vicinity December 16, 2021 Federal: $807,000,000 Non-Federal: $434,000,000 Total: $1,240,000,000 2. LA West Bank and Vicinity December 17, 2021 Federal: $431,000,000 Non-Federal: $232,000,000 Total: $663,000,000 5. Modifications (a) Mississippi River Gulf Outlet, Louisiana The Secretary shall carry out the project for ecosystem restoration, Mississippi River Gulf Outlet, Louisiana, authorized by section 7013(a)(4) of the Water Resources Development Act of 2007 (121 Stat. 1281), at full Federal expense. (b) Great Lakes and Mississippi River Interbasin project, Brandon Road, Will County, Illinois Section 402(a)(1) of the Water Resources Development Act of 2020 (134 Stat. 2742) is amended by striking 80 percent and inserting 100 percent . (c) Lower Mississippi River comprehensive management study Section 213 of the Water Resources Development Act of 2020 (134 Stat. 2687) is amended by adding at the end the following: (j) Cost Share The Secretary shall carry out the comprehensive study described in subsection (a), and any feasibility study described in subsection (e), at full Federal expense. . 6. Reauthorization of certain beach nourishment projects (a) In general The Secretary is authorized to continue periodic nourishment for the following projects for coastal storm risk management for an additional period of 50 years: (1) Delaware Coast Protection, Delaware (commonly known as the Indian River Inlet Sand Bypass Plant ), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182). (2) Segment II, Broward County, Florida, authorized by section 301 of the River and Harbor Act of 1965 (79 Stat. 1090). (3) Segment III, Broward County, Florida, authorized by section 301 of the River and Harbor Act of 1965 (79 Stat. 1090). (4) Dade County, Florida, authorized by section 203 of the Flood Control Act of 1968 (82 Stat. 740). (5) Duval County, Florida, authorized by section 203 of the Flood Control Act of 1968 (82 Stat. 740). (6) Tybee Island, Georgia, authorized by section 201 of the Flood Control Act of 1965 ( 42 U.S.C. 1962d–5 ). (7) Delray Beach segment, Palm Beach County, Florida, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1177). (b) Timing The additional 50 years provided for a project under subsection (a) shall begin on the date of expiration of the final period of periodic nourishment for the project authorized prior to the date of enactment of this Act. (c) Special rule For purposes of the project described in subsection (a)(1), periodic nourishment shall include reimbursement of the Federal share of the cost to the non-Federal interest for the project to operate and maintain a sand bypass plant. 7. Special rule for certain beach nourishment projects (a) In general In the case of a water resources development project described in subsection (b), the Secretary shall— (1) fund, at full Federal expense, any incremental increase in cost to the project that results from a legal requirement to use a borrow source determined by the Secretary to be other than the least-cost option; and (2) exclude the cost described in paragraph (1) from the cost-benefit analysis for the project. (b) Authorized water resources development projects described An authorized water resources development project referred to in subsection (a) is any of the following: (1) The Townsends Inlet to Cape May Inlet, New Jersey, coastal storm risk management project, authorized by section 101(a)(26) of the Water Resources Development Act of 1999 (113 Stat. 278). (2) The Folly Beach, South Carolina, coastal storm risk management project, authorized by section 501(a) of the Water Resources Development Act of 1986 (100 Stat. 4136) and modified by section 108 of the Energy and Water Development Appropriations Act, 1992 (105 Stat. 520). (3) The Carolina Beach and Vicinity, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182) and modified by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741). (4) The Wrightsville Beach, North Carolina, coastal storm risk management project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182) and modified by section 401(7) of the Water Resources Development Act of 2020 (134 Stat. 2741). (5) A project for coastal storm risk management for any shore included in a project described in this subsection that is specifically authorized by Congress on or after the date of enactment of this Act. (6) Emergency repair and restoration of any project described in this subsection under section 5 of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n ). 8. Protection and restoration of other Federal land along rivers and coasts (a) In general The Secretary is authorized to use funds made available to the Secretary for water resources development purposes to carry out, at full Federal expense, a measure located on, or benefitting, Federal land under the administrative jurisdiction of another Federal agency, if the measure— (1) (A) is for purposes of ecosystem restoration or the protection and restoration of shores; and (B) (i) utilizes dredged material from a water resources development project beneficially; or (ii) is included in a report of the Chief of Engineers or other decision document for a water resources development project that is specifically authorized by Congress; (2) is for purposes of mitigation of damages to Federal land caused by a water resources development project operated and maintained by the Secretary; or (3) is for purposes of mitigating damages to fish and wildlife resources resulting from a water resources development project. (b) Applicability This section shall apply to a measure for which construction is initiated after the date of enactment of this Act. (c) Savings provision Nothing in this section precludes a Federal agency with administrative jurisdiction over Federal land from contributing funds for any portion of the cost of a measure described in subsection (a) that is located on, or benefitting, that land. (d) Repeal (1) In general Section 1025 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2226 ) is repealed. (2) Conforming amendment The table of contents in section 1(b) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1193) is amended by striking the item relating to section 1025. 9. Flood and coastal storm risk management feasibility studies In carrying out a feasibility study for flood or coastal storm risk management, the Secretary, at the request of the non-Federal interest for the study, shall formulate alternatives to maximize net benefits from the reduction of the comprehensive flood risk that results from the isolated and compound effects of— (1) a riverine discharge of any magnitude or frequency; (2) inundation, wave attack, and erosion coinciding with a hurricane or coastal storm; (3) a tide of any magnitude or frequency; (4) a rainfall event of any magnitude or frequency; (5) seasonal variation in water levels; (6) groundwater emergence; (7) sea level rise; (8) subsidence; and (9) any other driver of flood risk affecting the study area. 10. Credit in lieu of reimbursement (a) In general Section 1022 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2225 ) is amended— (1) in subsection (a)— (A) by striking or before an authorized coastal navigation project ; (B) by inserting or any other water resources development project for which the Secretary is authorized to reimburse the non-Federal interest for the Federal share of construction or operation and maintenance, before the Secretary ; and (C) by striking of the project and inserting to construct, periodically nourish, or operate and maintain the project ; (2) in each of subsections (b) and (c), by striking flood damage reduction and coastal navigation each place it appears and inserting water resources development ; and (3) by adding at the end the following: (d) Applicability With respect to a project constructed under section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ), the Secretary shall exercise the authority under this section to apply credits and reimbursements related to the project in a manner consistent with the requirements of subsection (d) of that section. . (b) Treatment of credit between projects Section 7007(d) of the Water Resources Development Act of 2007 (121 Stat. 1277; 128 Stat. 1226) is amended by inserting , or may be applied to reduce the amounts required to be paid by the non-Federal interest under the terms of the deferred payment agreements entered into between the Secretary and the non-Federal interest for the projects authorized by section 7012(a)(1) before the period at the end. 11. Coastal cost calculations Section 152(a) of the Water Resources Development Act of 2020 ( 33 U.S.C. 2213a(a) ) is amended by inserting or coastal storm risk management after flood risk management . 12. Advance payment in lieu of reimbursement for certain Federal costs The Secretary is authorized to provide in advance to the non-Federal interest the Federal share of funds required for the acquisition of land, easements, and rights-of-way and the performance of relocations for a project or separable element— (1) authorized to be constructed at full Federal expense; or (2) described in section 103(b)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(b)(2) ). 13. Cost sharing for nonstructural projects (a) In general Section 103(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(b) ) is amended— (1) in paragraph (1)— (A) in the first sentence, by striking The and inserting Except as provided in paragraph (3), the ; and (B) by striking 35 percent each place it appears and inserting 20 percent ; (2) in paragraph (2)— (A) in the paragraph heading, by striking 35 percent and inserting required non-Federal share ; (B) by striking At any time and inserting Except as provided in paragraph (3), at any time ; (C) by striking 35 percent and inserting 20 percent (or 10 percent, in the case of a measure described in paragraph (3)) ; and (D) by striking 65 percent and inserting 80 percent (or 90 percent, in the case of a measure described in paragraph (3)) ; and (3) by adding at the end the following: (3) Certain projects The non-Federal share of the cost of a measure described in paragraph (1) that benefits an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 ( 33 U.S.C. 2201 note; Public Law 116–260 )) shall be 10 percent. . (b) Application The amendments made by subsection (a) shall apply to— (1) any project that is authorized on or after the date of enactment of this Act; and (2) any project that is not specifically authorized by Congress, for which— (A) a Detailed Project Report is approved after the date of enactment of this Act; or (B) in the case of a project for which no Detailed Project Report is prepared, construction is initiated after the date of enactment of this Act. 14. Coastal community flood control and other purposes Section 103(k)(4) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(k)(4) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) in the matter preceding clause (i) (as so redesignated), by striking Notwithstanding and inserting the following: (A) In general Notwithstanding ; (3) in subparagraph (A) (as so redesignated)— (A) in clause (i) (as so redesignated)— (i) by striking $200 million and inserting $200,000,000 ; and (ii) by striking and at the end; (B) in clause (ii) (as so redesignated)— (i) by inserting an amount equal to 2/3 of after repays ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iii) the non-Federal interest repays the balance of remaining principal by June 1, 2032. ; and (4) by adding at the end the following: (B) Repayment options Repayment of a non-Federal contribution under subparagraph (A)(iii) may be satisfied through the provision by the non-Federal interest of fish and wildlife mitigation for one or more projects or separable elements, if the Secretary determines that— (i) the non-Federal interest has incurred costs for the provision of mitigation that— (I) equal or exceed the amount of the required repayment; and (II) are in excess of any required non-Federal contribution for the project or separable element for which the mitigation is provided; and (ii) the mitigation is integral to the project for which it is provided. . 15. Port Fourchon, Louisiana, dredged material disposal plan The Secretary shall determine that the dredged material disposal plan recommended in the document entitled Port Fourchon Belle Pass Channel Deepening Project Section 203 Feasibility Study (January 2019, revised January 2020) is the least cost, environmentally acceptable dredged material disposal plan for the project for navigation, Port Fourchon Belle Passe Channel, Louisiana, authorized by section 403(a)(4) of the Water Resources Development Act of 2020 (134 Stat. 2743). 16. Delaware shore protection and restoration (a) Delaware beneficial use of dredged material for the Delaware River, Delaware (1) In general The project for coastal storm risk management, Delaware Beneficial Use of Dredged Material for the Delaware River, Delaware, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2736) (referred to in this subsection as the project ), is modified— (A) to direct the Secretary to implement the project using alternative borrow sources to the Delaware River, Philadelphia to the Sea, project, Delaware, New Jersey, Pennsylvania, authorized by the Act of June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297); and (B) until the Secretary implements the modification under subparagraph (A), to authorize the Secretary, at the request of a non-Federal interest, to carry out initial construction or periodic nourishments at any site included in the project under— (i) section 1122 of the Water Resources Development Act of 2016 ( 33 U.S.C. 2326 note; Public Law 114–322 ); or (ii) section 204(d) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(d) ). (2) Treatment If the Secretary determines that a study is required to carry out paragraph (1)(A), the study shall be considered to be a continuation of the study that formulated the project. (b) Indian River Inlet Sand Bypass Plant, Delaware (1) In general The Indian River Inlet Sand Bypass Plant, Delaware, coastal storm risk management project (referred to in this subsection as the project ), authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182), is modified to authorize the Secretary, at the request of a non-Federal interest, to provide periodic nourishment through dedicated dredging or other means to maintain or restore the functioning of the project when— (A) the sand bypass plant is inoperative; or (B) operation of the sand bypass plant is insufficient to maintain the functioning of the project. (2) Requirements A cycle of periodic nourishment provided pursuant to paragraph (1) shall be subject to the following requirements: (A) Cost share The non-Federal share of the cost of a cycle shall be the same percentage as the non-Federal share of the cost to operate the sand bypass plant. (B) Decision document If the Secretary determines that a decision document is required to support a request for funding for the Federal share of a cycle, the decision document may be prepared using funds made available to the Secretary for construction or for investigations. (C) Treatment (i) Decision document A decision document prepared under subparagraph (B) shall not be subject to a new investment determination. (ii) Cycles A cycle shall be considered continuing construction. (c) Delaware emergency shore restoration (1) In general The Secretary is authorized to construct, repair, or restore a federally authorized hurricane or shore protective structure or project located in the State of Delaware pursuant to section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ), if— (A) the structure, project, or shore is damaged by wind, wave, or water action associated with a storm of any magnitude; and (B) the damage prevents the adequate functioning of the structure, project, or shore. (2) Benefit-cost analysis The Secretary shall determine that the benefits attributable to the objectives set forth in section 209 of the Flood Control Act of 1970 ( 42 U.S.C. 1962–2 ) and section 904(a) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2281(a) ) exceed the cost for work carried out under this subsection. (3) Savings provision The authority provided by this subsection shall be in addition to any authority provided by section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ) to repair or restore a federally authorized hurricane or shore protection structure or project located in the State of Delaware damaged or destroyed by wind, wave, or water action of other than an ordinary nature. (d) Indian River Inlet and Bay, Delaware In carrying out major maintenance of the project for navigation, Indian River Inlet and Bay, Delaware, authorized by the Act of August 26, 1937 (50 Stat. 846, chapter 832), and section 2 of the Act of March 2, 1945 (59 Stat. 14, chapter 19), the Secretary shall repair, restore, or relocate any non-Federal facility or other infrastructure, that has been damaged, in whole or in part, by the deterioration or failure of the project. (e) Reprogramming for coastal storm risk management project at Indian River Inlet (1) In general Notwithstanding any other provision of law, for each fiscal year, the Secretary may reprogram amounts made available for a coastal storm risk management project to use such amounts for the project for coastal storm risk management, Indian River Inlet Sand Bypass Plant, Delaware, authorized by section 869 of the Water Resources Development Act of 1986 (100 Stat. 4182). (2) Limitations (A) In general The Secretary may carry out not more than 2 reprogramming actions under paragraph (1) for each fiscal year. (B) Amount For each fiscal year, the Secretary may reprogram— (i) not more than $100,000 per reprogramming action; and (ii) not more than $200,000 for each fiscal year. 17. Great Lakes advance measures assistance The following requirements shall apply to the provision of advance measures assistance under section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ), in the Great Lakes Region: (1) The Secretary shall not deny a request from the Governor of a State to provide advance measures assistance to reduce the risk of damage from rising water levels in the Great Lakes solely on the basis that the damage is caused by erosion. (2) Advance measures assistance provided by the Secretary to reduce the risk of damage from rising water levels in the Great Lakes shall be provided at full Federal expense. 18. Forecasting models for the Great Lakes (a) Authorization of appropriations There are authorized to be appropriated to the Secretary for the Engineer Research and Development Center to complete and maintain a model suite to forecast water levels, account for lake level variability, and account for the impacts of climate change in the Great Lakes— (1) $10,000,000 to complete the model suite; and (2) $250,000 for each fiscal year following the fiscal year during which the model suite is completed, for maintenance of the model suite. (b) Savings provision Nothing in this section precludes the Secretary from using funds made available under the Great Lakes Restoration Initiative established by section 118(c)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(c)(7) ) for activities described in subsection (a), if funds are not appropriated for those activities pursuant to subsection (a). 19. Chattahoochee River program (a) 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 (b), 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. (b) 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 (a)(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 (a)(2) that will also improve water quality or quantity or use natural hydrological features and systems. (c) 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 (b). (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. (d) 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. (e) 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. (f) 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. (g) Project cap The total cost of a project carried out under this section may not exceed $15,000,000. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $90,000,000. 20. Mississippi River mat sinking unit The Secretary shall expedite the replacement of the Mississippi River mat sinking unit. 21. Rehabilitation of existing levees Section 3017 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 3303a note; Public Law 113–121 ) is amended by striking subsection (e). | https://www.govinfo.gov/content/pkg/BILLS-117s3624is/xml/BILLS-117s3624is.xml |
117-s-3625 | II 117th CONGRESS 2d Session S. 3625 IN THE SENATE OF THE UNITED STATES February 10, 2022 Ms. Hassan (for herself, Mr. Scott of South Carolina , Mr. Warner , Mrs. Capito , and Mr. Cardin ) 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 temporarily reinstate the employee retention credit for employers subject to closure due to COVID–19.
1. Short title This Act may be cited as the Employee Retention Tax Credit Reinstatement Act . 2. Temporary reinstatement of employee retention credit for employers subject to closure due to COVID–19 (a) In general Section 3134 of the Internal Revenue Code of 1986 (as amended by section 80604 of the Infrastructure Investment and Jobs Act) is amended— (1) in subsection (c)(5), by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by adding at the end the following new subparagraph: (C) which, with respect to such calendar quarter, is not described in subclause (I) or (II) of paragraph (2)(A)(ii). , and (2) in subsection (n), by striking October 1, 2021 (or, in the case of wages paid an eligible employer which is a recovery startup business, January 1, 2022) and inserting January 1, 2022 . (b) Effective date The amendments made by this section shall apply to calendar quarters beginning after September 30, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3625is/xml/BILLS-117s3625is.xml |
117-s-3626 | II 117th CONGRESS 2d Session S. 3626 IN THE SENATE OF THE UNITED STATES February 10, 2022 Mr. Casey (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To improve access to the Program of All-Inclusive Care for the Elderly, and for other purposes.
1. Short title This Act may be cited as the Program of All-inclusive Care for the Elderly Expanded Act or the PACE Expanded Act . 2. Improving access to and affordability of PACE programs for Medicare beneficiaries who are not dual eligible beneficiaries through flexibility in rate setting for services not covered by Medicare (a) In general Section 1894 of the Social Security Act ( 42 U.S.C. 1395eee ) is amended by adding at the end the following new subsection: (j) Flexibility in establishing premiums for Medicare PACE participants who are not also entitled to benefits under a State Medicaid program (1) Codification of authority to charge a monthly capitation amount for non-Medicare services Subject to the succeeding provisions of this subsection, a PACE program operated by a PACE provider under a PACE program agreement in any State may charge a Medicare-only PACE program eligible individual (as defined in paragraph (4)(A)) who is enrolled in such PACE program a monthly capitation payment amount for the provision of non-Medicare services (as defined in paragraph (4)(B)) under the PACE program. (2) Determination of monthly capitation payment amount (A) In general Notwithstanding section 460.186 of title 42, Code of Federal Regulations (or any successor regulation), the monthly capitation payment amount that may be charged under paragraph (1) shall be determined by the PACE provider operating the PACE program. Such monthly capitation payment amount shall be based on assessments conducted on the Medicare-only PACE program eligible individual who is enrolled in such PACE program by the PACE program interdisciplinary team and shall take into account the health status of such individual. In determining the monthly capitation amount for a Medicare-only PACE program eligible individual under this paragraph, a PACE provider may take into account the services determined necessary for the individual by the PACE program interdisciplinary team based upon their assessment of the individual. A determination described in the preceding sentence shall not be construed as limiting the responsibility of the PACE provider to meet any unforeseen needs or provide for any required services for such individual. (B) Authority to adjust monthly capitation amount (i) In general Subject to clause (ii) and paragraph (3), the monthly capitation payment amount that may be charged under paragraph (1) to a Medicare-only PACE program eligible individual enrolled in a PACE program for non-Medicare services may increase or decrease based on assessments conducted on such individual. Any change in the monthly capitation payment amount charged to such an individual shall take effect beginning with the first day of the first month that begins after the month during which the plan of care is developed for such individual based on such an assessment. (ii) Limitation on frequency of increase The monthly capitation payment amount that may be charged under paragraph (1) to such an individual may not increase more frequently than once per calendar quarter. (3) Beneficiary protections (A) Disclosure of premium rate structure A PACE provider shall disclose to Medicare-only PACE program eligible individuals the capitation payment amounts that may be charged under this section to such individuals for non-Medicare services under the PACE program operated by such PACE provider under this section— (i) prior to enrollment of such individual in such PACE program, and (ii) periodically, and upon request of such individual, after enrollment. (B) Assessment instrument (i) In general The Secretary shall develop an assessment instrument for use by PACE programs with respect to Medicare-only PACE program eligible individuals under this subsection. (ii) Requirement for disclosure of assessment instrument The monthly capitation payment amount charged under paragraph (1) to a Medicare-only PACE program eligible individual for non-Medicare services shall be based on an assessment of such individual conducted by the PACE provider (using the assessment instrument developed by the Secretary under clause (i)), accounting for health status and corresponding needs. (iii) Requirement for disclosure of assessment instrument The assessment instrument used by the interdisciplinary team of the PACE program to evaluate the health and social status of PACE participants shall be disclosed to the individual prior to the assessment. (C) Process to seek review of assessments The Secretary shall establish a process for a Medicare-only PACE program eligible individual to seek review of any assessment conducted on the individual under this subsection. (4) Rule of construction Nothing in this subsection shall be construed to preclude the testing under section 1115A of a model to permit a PACE provider operating a PACE program to establish and charge monthly capitation payment amounts for the provision of non-Medicare services under the PACE program to Medicare-only PACE program eligible individuals under a rate structure established by such PACE provider for such purpose, including the use of an assessment instrument developed by the PACE program to assign such individuals to an appropriate rate category under such rate structure. (5) Definitions In this subsection— (A) the term Medicare-only PACE program eligible individual means an individual who is described in subsection (a)(1) and who is not entitled to medical assistance under title XIX, and includes the designated representative of the individual as appropriate; and (B) the term non-Medicare services means items and services covered under title XIX that are not covered under this title and items and services described in subsection (b)(1)(A)(ii). . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and apply with respect to capitation amounts that may be charged for months beginning on or after January 1, 2023. (c) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to modify or otherwise impact the following Medicare capitation rates that may be charged by PACE plans for PACE participants who are Medicare beneficiaries who are not both entitled to (or enrolled for) benefits under part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) and enrolled for benefits under part B of such title: (1) Part A only medicare beneficiary In the case of a Medicare beneficiary who is a PACE participant who is entitled to (or enrolled for) benefits under part A of such title XVIII but who is not enrolled for benefits under part B of such title, the Medicare Part B capitation rate under paragraph (b) of section 460.186 of title 42, Code of Federal Regulations (or any successor regulations). (2) Part B only medicare beneficiary In the case of a Medicare beneficiary who is a PACE participant who is enrolled for benefits under part B of such title XVIII but who is not entitled to (or enrolled for) benefits under part A of such title, the Medicare Part A capitation rate under paragraph (c) of such section 460.186 (or any successor regulations). 3. Anytime enrollment in PACE (a) In general (1) Any time enrollment and effective date Section 1894(c)(5) of the Social Security Act ( 42 U.S.C. 1395eee(c)(5) ) is amended by adding at the end the following new subparagraph: (C) Any time enrollment and effective date of enrollment (i) Any time enrollment A PACE program eligible individual may enroll in a PACE program at any time during a month. (ii) Effective date Subject to clause (iii), the enrollment of a PACE program eligible individual in a PACE program shall be effective on the date the PACE provider operating the PACE program receives an enrollment agreement signed by such PACE program eligible individual with respect to such PACE program. (iii) Special rule in the case of dual eligible beneficiaries In the case of a PACE program eligible individual who is eligible for benefits under this title and title XIX, clause (i) shall only apply if the State in which such individual resides has made an election under section 1934(c)(5)(C) to permit PACE program eligible individuals enroll in a PACE program at any time during a month in such State. . (2) Prorated payments Section 1894(d) of the Social Security Act ( 42 U.S.C. 1395eee(d) ) is amended by adding at the end the following new paragraph: (4) Prorated payments In the case of a PACE program eligible individual enrolled in a PACE program operated by a PACE provider with an enrollment effective date that is not the first day of a month, the capitation amount that would otherwise be made under this subsection to the PACE provider for such individual for the first month in which such individual is so enrolled shall be prorated accordingly. . (b) Conforming amendments (1) Anytime enrollment and effective date Section 1934(c)(5) of the Social Security Act ( 42 U.S.C. 1396u–4(c)(5) ) is amended by adding at the end the following new subparagraph: (C) State option to permit any time enrollment and effective date of enrollment (i) Any time enrollment A State may elect to permit a PACE program eligible individual to enroll in a PACE program at any time during a month. (ii) Effective date Pursuant to a State election made under clause (i), the enrollment of a PACE program eligible individual in a PACE program shall be effective on the date the PACE provider operating the PACE program receives an enrollment agreement signed by such PACE program eligible individual with respect to such PACE program. . (2) Prorated payments Section 1934(d) of the Social Security Act ( 42 U.S.C. 1396u–4(d) ) is amended by adding at the end the following new paragraph: (3) Prorated payments If a State elects under subsection (c)(5)(C) to permit enrollment at any time during a month, in the case of a PACE program eligible individual enrolled in a PACE program operated by a PACE provider with an enrollment effective date that is not the first day of a month, the State shall prorate the capitation amount that would otherwise be made under this subsection to the PACE provider for such individual for the first month in which such individual is so enrolled. . (c) Effective date The amendments made by this section shall take effect on January 1, 2023. 4. PACE site approval and expansion (a) In general Sections 1894(e) and 1934(e) of the Social Security Act ( 42 U.S.C. 1395eee(e) , 1396u–4(e)) are each amended by striking paragraph (8) and inserting the following: (8) Authority to submit applications at any time; timely consideration of applications (A) Authority to submit applications at any time (i) New PACE provider status An entity that seeks to become a PACE provider may submit an application for PACE provider status at any time. (ii) Service area expansion and addition of PACE center site To the extent the Secretary requires a PACE provider to submit an application to expand its service area or to add a PACE center site, a PACE provider may submit such an application at any time, subject to the requirements of section 460.12(d) of title 42, Code of Federal Regulations (relating to the first trial period audit), or any successor regulation. (iii) Assurances An application for PACE provider status under clause (i) or to add a PACE center site under clause (ii) shall include the following assurances: (I) An assurance that the required members of the interdisciplinary team are employees or contractors of the proposed PACE center or will be employees or contractors of the proposed PACE center by the time the PACE center becomes operational. (II) An assurance that— (aa) the PACE provider’s contracts for all contractors and contracted personnel will be executed by the time the proposed PACE center becomes operational; and (bb) executed contracts may include provisions for staffing levels commensurate with enrollment to full projected census. (B) Deemed approval An application described in subparagraph (A) shall be deemed approved unless the Secretary, within 45 days after the date of the submission of the application to the Secretary, either denies such request in writing or informs the applicant in writing with respect to any additional information that is needed in order to make a final determination with respect to the application. After the date the Secretary receives such additional information, the application shall be deemed approved unless the Secretary, within 45 days of such date, denies such request. . (b) Effective date The amendments made by subsection (a) shall take effect on January 1, 2023. 5. PACE pilot Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) ) is amended— (1) in subparagraph (B), by adding at the end the following new clause: (xxviii) National testing of a model for expanded eligibility for the Program of All-Inclusive Care for the Elderly as described in subparagraph (D). ; and (2) by adding at the end the following new subparagraph: (D) National testing of model for expanded eligibility for the program of all-inclusive care for the elderly In the case where the Secretary selects the model described in clause (ii) of this subparagraph for testing pursuant to clause (xxviii) of subparagraph (B), the following shall apply: (i) National testing (I) In general Subject to subclause (II), the Secretary shall design a demonstration that allows each PACE provider with an executed PACE agreement to develop and submit to the Secretary an application to begin testing expanded PACE eligibility for high-need and high-cost populations that are not otherwise eligible to participate in a PACE program within 1 year of the date on which the model is selected. (II) No effect on ongoing models or demonstration projects Nothing in this subparagraph shall affect the testing of any model under this subsection or any demonstration project under this Act that is implemented prior to the date of the enactment of this subparagraph. (ii) Model described The model described in this clause seeks to increase access to quality, integrated, care for high-need, high-cost individuals who are not otherwise eligible to participate in a PACE program in order to improve health and reduce cost. Under this model, participating PACE providers would— (I) be paid fixed, monthly capitated rates from both Medicare and the applicable State Medicaid agency for all services provided to each enrollee fitting the criteria of the PACE provider’s designated population; (II) partner with non-PACE providers, such as Area Agencies on Aging, Centers for Independent Living, local hospitals, and non-hospital providers such as physicians, behavioral health providers and other community-based organizations to effectively reach the PACE provider’s selected population; (III) adapt the PACE program model of care to appropriately serve the PACE provider’s selected population to integrate care and meet the unique needs of said population; and (IV) if the PACE provider is located in a State that has not yet served the selected population through a PACE program under section 1934, receive an up-front fixed payment to coordinate with the State to develop a capitated payment rate, with appropriate risk adjustment, for the PACE provider’s selected population. (iii) Requirements for participating PACE organizations In order to participate in the model, a PACE provider must— (I) conduct a survey or needs assessment of their service area to determine the most appropriate population with which to expand their services; (II) receive prior approval from the applicable State Medicaid agency to submit an application to participate in the model; and (III) following such survey or needs assessment and approval from the applicable State Medicaid agency, submit and receive approval of an application of expansion from the Secretary. (iv) Application A PACE provider’s application to participate in this model shall include the following information: (I) Results of the survey or needs assessment of their service area under clause (iii)(I) and an explanation of the expanded population the PACE organization will serve. (II) The types of services that the expanded population will require and the PACE provider's plan to implement these services. (III) How the PACE provider will achieve engagement and enrollment of the new population in the model, including how it will partner with non-PACE providers in the applicable service area. (IV) How the expanded population’s participation in the PACE program is intended to improve quality of care and health outcomes under the model. (V) Certification that the applicable State Medicaid agency has approved the PACE provider's application to participate in the model. (VI) Plans to coordinate with the State Medicaid agency to develop an initial capitated rate with appropriate risk adjustment. (VII) Plans for the PACE provider and the State Medicaid agency to review and adjust the Medicaid capitated rate on a biennial basis, as needed. (VIII) Any other information required by the Secretary. (v) Technical assistance The Secretary shall provide, or designate an entity to provide, technical assistance to participating PACE providers as they apply for and implement the model. (vi) Accounting for uncertainty In order for implementing PACE providers to receive unanticipated additional resources needed to implement the model, the Secretary shall establish procedures for the implementing PACE providers to submit to the Secretary a request for additional resources. (vii) Monitoring outcomes The Secretary, in conjunction with PACE providers and in consultation with States that have elected to expand PACE program eligibility under section 1934(l), shall develop a plan to— (I) annually monitor outcomes under the model, which may include financial, quality, access, and utilization outcomes; (II) annually monitor the health outcomes of the PACE provider’s expanded population; and (III) any other outcomes as determined by the Secretary. (viii) Reporting requirements (I) Report to congress Not less frequently than every 3 years (for the duration of the implementation of the model under this subparagraph), the Secretary shall submit to Congress a report on the implementation of the model under this subparagraph. The report shall include demographic information on the populations served under the demonstration, best practices for future implementation efforts and any other information the Secretary determines appropriate together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (ix) Funding The Secretary shall allocate funds made available under subsection (f)(1) to design, implement, evaluate, and report on the model described in clause (ii) in accordance with this subparagraph. . 6. Coordination with the Federal Coordinated Health Care Office Section 1934 of the Social Security Act ( 42 U.S.C. 1396u–4 ), as amended by sections 3 and 8, is amended by adding at the end the following new subsection: (m) Coordination with the Federal Coordinated Health Care Office (1) State coordination with FCHCO The Director of the Federal Coordinated Health Care Office established under section 2602 of the Patient Protection and Affordable Care Act shall serve as a point of contact between State administering agencies and the Federal Government for purposes of implementing and operating a PACE program in a State, and shall coordinate with other relevant offices and staff of the Centers for Medicare & Medicaid Services involved in carrying out this section. (2) Annual report Not later than January 1, 2023, and annually thereafter, the Director of the Federal Coordinated Health Care Office shall submit to Congress a report on the demographics of the populations served by PACE programs operated under this section and section 1894. . 7. Evaluation of effectiveness of PACE program in rural and underserved areas (a) In general The Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services (referred to in this section as the Assistant Secretary ) shall conduct an evaluation of the effectiveness of the program for all-inclusive care for the elderly under sections 1894 and 1934 of the Social Security Act ( 42 U.S.C. 1395eee , 1396u–4) in rural and underserved areas, including with respect to the following factors: (1) Reductions in hospitalizations and re-hospitalizations among program beneficiaries. (2) Reductions in emergency department use among program beneficiaries. (3) Reductions in long-term nursing facility use among program beneficiaries. (4) Reductions in mortality among program beneficiaries. (5) Achieving lower rates of functional decline, and improvements in reported health status and quality of life among program beneficiaries. (6) Reductions in the total cost of care among program beneficiaries. (7) The effect of activities supported under the program on the local area serviced by the program, including on the health and well-being of unpaid and family caregivers of program beneficiaries. (8) Improvements in quality of life among program beneficiaries. (b) Report Not later than 60 months after the date of enactment of this Act, the Assistant Secretary shall submit a report containing the results of the evaluation required under subsection (a), an analysis of which elements of the program for all-inclusive care for the elderly under sections 1894 and 1934 of the Social Security Act ( 42 U.S.C. 1395eee , 1396u–4) should be replicated and scaled by governmental or non-governmental entities, and such recommendations for legislation and administrative action as the Assistant Secretary determines appropriate to the chairs and ranking members of the following committees: (1) The Special Committee on Aging of the Senate. (2) The Committee on Finance of the Senate. (3) The Committee on Health, Education, Labor, and Pensions of the Senate. (4) The Committee on Ways and Means of the House of Representatives. (5) The Committee on Energy and Commerce of the House of Representatives. (c) Partners In conducting the evaluation and completing the report required under this section, the Assistant Secretary shall provide an opportunity for partners and persons that have participated in the program for all-inclusive care for the elderly under sections 1894 and 1934 of the Social Security Act ( 42 U.S.C. 1395eee , 1396u–4) on every level, especially individuals who receive care through the program and their unpaid or family caregivers, to have an opportunity to contribute their expertise to evaluating the strategy and outcomes of the program. | https://www.govinfo.gov/content/pkg/BILLS-117s3626is/xml/BILLS-117s3626is.xml |
117-s-3627 | II 117th CONGRESS 2d Session S. 3627 IN THE SENATE OF THE UNITED STATES February 10, 2022 Mr. Cassidy (for himself and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a centralized system to allow individuals to request the simultaneous deletion of their personal information across all data brokers, and for other purposes.
1. Short title This Act may be cited as the Data Elimination and Limiting Extensive Tracking and Exchange Act or the DELETE Act . 2. Data deletion requirements (a) Data broker annual registration (1) In general Not later than 1 year after the date of enactment of this section, the Commission shall promulgate regulations to require any data broker to— (A) not later than 18 months after the date of enactment of this section, and annually thereafter, register with the Commission; and (B) provide the following information with such registration: (i) The name and primary physical, email, and uniform resource locator (URL) addresses of the data broker. (ii) If the data broker permits an individual to opt out of the data broker’s collection or use of personal information, certain sales of such information, or its databases— (I) the method for requesting an opt-out; (II) any limitations on the type of data collection, uses, or sales for which an individual may opt out; and (III) whether the data broker permits an individual to authorize a third party to perform the opt-out on the individual’s behalf. (iii) A response to a standardized form (as issued by the Commission) specifying the types of information the data broker collects or obtains and the sources from which the data broker obtains data. (iv) A statement as to whether the data broker implements a credentialing process and, if so, a description of that process. (v) Any additional information or explanation the data broker chooses to provide concerning its data collection practices. (vi) Any other information determined appropriate by the Commission. (2) Public availability (A) In general The Commission shall make the information described in paragraph (1) publicly available in a downloadable and machine-readable format, except in the event that the Commission— (i) determines that the risk of making such information available is not in the interest of public safety or welfare; and (ii) provides a justification for such determination. (B) Disclaimer The Commission shall include on the website of the Commission a disclaimer that— (i) the Commission cannot confirm the accuracy of the responses provided by the data brokers in the registration described in paragraph (1); and (ii) individuals may contact such data brokers at their own risk. (b) Centralized data deletion system (1) Establishment (A) In general Not later than 1 year after the date of enactment of this section, the Commission shall promulgate regulations to establish a centralized system that— (i) implements and maintains reasonable security procedures and practices (including administrative, physical, and technical safeguards) appropriate to the nature of the information and the purposes for which the personal information will be used, to protect individuals’ personal information from unauthorized use, disclosure, access, destruction, or modification; and (ii) allows an individual, through a single submission, to request that every data broker who is registered under subsection (a) and who maintains any persistent identifiers (as described in subparagraph (B)(iii)) delete any personal information related to such individual held by such data broker or affiliated legal entity of the data broker. (B) Requirements The centralized system established in subparagraph (A) shall meet the following requirements: (i) Subject to the regulations promulgated in accordance with paragraph (2)(B)(ii), the centralized system shall allow an individual to request the deletion of all personal information related to such individual through a single deletion request. (ii) The centralized system shall provide a standardized form to allow an individual to make such request. (iii) Such standardized form shall include the individual's email, phone number, physical address, and any other persistent identifier determined by the Commission to aid in the deletion request. (iv) The centralized system shall automatically hash all submitted information and allow the Commission to maintain independent hashed registries of each type of information obtained through such form. (v) The centralized system shall only permit data brokers who are registered with the Commission to submit hashed queries to the independent hashed registries described in clause (iv). (vi) The centralized system shall allow an individual to make such request using an internet website operated by the Commission. (vii) The centralized system shall not charge the individual to make such request. (viii) The centralized system shall automatically delete any individual data field stored in the system once such data field has been stored in the centralized system for 2 years. The Commission shall inform the individual of this automatic deletion period when the individual makes a deletion request. Beginning 4 years after the date of enactment of this Act, the Commission may promulgate rules to adjust such retention period or enable automatic renewal of requests if it determines that such adjustment or automatic renewal would better protect individual privacy or the public interest. (C) Transition (i) In general Not later than 8 months after the effective date of the regulations promulgated under subparagraph (A), each data broker shall— (I) not less than once every 31 days, access the hashed registries maintained by the Commission as described in subparagraph (B)(iv); and (II) process any deletion request associated with a match between such hashed registries and the records of the data broker. (ii) FTC guidance Not later than 6 months after the effective date of the regulations promulgated under subparagraph (A), the Commission shall publish guidance on the process and standards to which a data broker must adhere in carrying out clause (i). (2) Deletion (A) Information deletion (i) In general Subject to clause (ii), not later than 31 days after accessing the hashed registries described in paragraph (1)(B)(iv), a data broker and any associated legal entity shall delete all personal information in its possession related to the individual making the request. Immediately following the deletion, the data broker shall send an affirmative representation to the Commission with the number of records deleted pursuant to each match with a value in the hashed registries. (ii) Exclusions In carrying out clause (i), a data broker may retain, where required, the following information: (I) Any personal information that is processed or maintained solely as part of human subjects research conducted in compliance with any legal requirements for the protection of human subjects. (II) Any personal information necessary to comply with a warrant, subpoena, court order, rule, or other applicable law. (III) Any personal information related to the suppression list described in subparagraph (B)(ii). (IV) Any information necessary for an activity described in subsection (e)(3)(B), provided that the retained information is used solely for any such activity. (iii) Use of information Any personal information excluded under clause (ii) may only be used for the purpose described in the applicable subclause of clause (ii), and may not be used for any other purpose, including marketing purposes. (B) Do Not Track list; suppression list (i) Do Not Track list Not later than 18 months after the date of enactment of this section, the Commission shall promulgate regulations to prohibit any data broker registered under subsection (a) from collecting or retaining personal information on any individual who has submitted a deletion request through the centralized system established in paragraph (1)(A), unless such data collection is requested by the individual. (ii) Suppression list Not later than 18 months after the date of enactment of this section, the Commission shall promulgate regulations to ensure that— (I) any individual who submits a deletion request through the centralized system established in paragraph (1) shall be included on the Do Not Track list described in clause (i); and (II) each data broker registered under subsection (a)— (aa) may not collect or retain more personal information than is necessary to identify an individual who is included on the Do Not Track list; and (bb) in the case that unnecessary personal information is collected or retained, shall immediately delete any personal information not required to comply with the regulations promulgated under this subparagraph. (C) Annual report Each data broker registered under subsection (a) shall submit to the Commission, on an annual basis, a report on— (i) the completion rate with respect to the completion of deletion requests under subparagraph (A); and (ii) the effectiveness of the suppression list under subparagraph (B)(ii), including— (I) the number of times the data broker collected personal information related to an individual included on the suppression list; (II) the number of times the data broker collected data resulting in a match with the hashed registries maintained by the Commission as described in paragraph (1)(B)(iv); and (III) whether the regulations promulgated under subparagraph (B) and the structure or format of the hashed registries promote efficient comparison of the suppression list with information collected or retained by the data broker. (D) Audit (i) In general Not later than 3 years after the date of enactment of this section, and every 3 years thereafter, each data broker registered under subsection (a) shall undergo an independent third party audit to determine compliance with this subsection. (ii) Audit report Not later than 6 months after the completion of any audit under clause (i), each such data broker shall submit to the Commission any report produced as a result of the audit, along with any related materials. (iii) Maintain records Each such data broker shall maintain the materials described in clause (ii) for a period of not less than 6 years. (3) Annual fee (A) In general Subject to subparagraph (B), each data broker registered under subsection (a) and who maintains any persistent identifiers (as described in paragraph (1)(B)(iii)) shall pay to the Commission, on an annual basis, a subscription fee determined by the Commission to access the database. (B) Limit The amount of the subscription fee under subparagraph (A) may not exceed 1 percent of the expected annual cost of operating the centralized system and hashed registries described in paragraph (1), as determined by the Commission. (C) Availability Any amounts collected by the Commission pursuant to this paragraph shall be available without further appropriation to the Commission for the purpose of enforcing and administering this Act, including the implementation and maintenance of such centralized system and hashed registries and the promotion of public awareness of the centralized system. (c) Enforcement by the Commission (1) Unfair or deceptive acts or practices A violation of subsection (a) or (b) 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 The Commission shall enforce this section 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 subsection (a) or (b) 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. ). (C) Authority preserved Nothing in this section 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 rules as may be necessary to carry out this section. (d) Study and report (1) Study The Commission shall conduct a study on the implementation and enforcement of this section. Such study shall include— (A) an analysis of the effectiveness of the centralized system established in subsection (b)(1)(A); (B) the number deletion requests submitted annually using such centralized system; (C) an analysis of the progress of coordinating the operation and enforcement of such requests with similar systems established and maintained by the various States; and (D) any other area determined appropriate by the Commission. (2) Report Not later than 3 years after the date of enactment of this section, and annually thereafter for each of the next 4 years, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing— (A) the results of the study conducted under paragraph (1); (B) a summary of any enforcement actions taken pursuant to this Act; and (C) recommendations for such legislation and administrative action as the Commission determines appropriate. (e) Definitions In this section: (1) Commission The term Commission means the Federal Trade Commission. (2) Credentialing process The term credentialing process means the practice of taking reasonable steps to confirm— (A) the identity of the entity with whom the data broker has a direct relationship; (B) that any data disclosed to the entity by such data broker will be used for the described purpose of such disclosure; and (C) that such data will not be used for unlawful purposes. (3) Data broker (A) In general The term data broker means an entity that knowingly collects or obtains the personal information of an individual with whom the entity does not have a direct relationship and then— (i) uses the personal information to perform a service for a third party; or (ii) sells, licenses, trades, provides for consideration, or is otherwise compensated for disclosing personal information to a third party. (B) Exclusion The term data broker does not include an entity who solely uses, sells, licenses, trades, provides for consideration, or is otherwise compensated for disclosing personal information for one or more of the following activities: (i) Providing 411 directory assistance or directory information services, including name, address, and telephone number, on behalf of or as a function of a telecommunications carrier. (ii) Providing an individual's publicly available information if the information is being used by the recipient as it relates to that individual's business or profession. (iii) Providing or using personal information in a manner that is regulated under another Federal or State law, including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, or the Health Insurance Portability and Accountability Act. (iv) Providing personal information to a third party at the express direction of the individual for a clearly disclosed single-use purpose. (v) Providing or using personal information for assessing, verifying, or authenticating an individual's identity, or for investigating or preventing actual or potential fraud. (vi) Gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public. (C) Exclusion from sale (i) In general For purposes of this paragraph, the term sells does not include a one-time or occasional sale of assets of an entity as part of a transfer of control of those assets that is not part of the ordinary conduct of the entity. (ii) Notice required To meet the exclusion criteria described in clause (i), an entity must provide notice to the Commission, in the manner determined appropriate by the Commission, of any such one-time or occasional sale of assets. (4) Delete The term delete means to remove or destroy information such that the information is not maintained in human- or machine-readable form and cannot be retrieved or utilized in such form in the normal course of business. (5) Direct relationship (A) In general The term direct relationship means a relationship between an individual and an entity where the individual— (i) is a current customer; (ii) has obtained a good or service from the entity within the prior 18 months; or (iii) has made an inquiry about the products or services of the entity within the prior 90 days. (B) Exclusion The term direct relationship does not include a relationship between an individual and a data broker where the individual's only connection to the data broker is based on the individual's request— (i) for the data broker to delete the personal information of the individual; or (ii) to opt out of the data broker’s collection or use of personal information, certain sales of such information, or its databases. (6) Hash The term hash means to input data to a cryptographic, one-way, collision resistant function that maps a bit string of arbitrary length to a fixed-length bit string to produce a cryptographically secure value. (7) Hashed The term hashed means the type of value produced by hashing data. (8) Human subjects research The term human subjects research means research that— (A) an investigator (whether professional or student) conducts on a living individual; and (B) either— (i) obtains information or biospecimens through intervention or interaction with the individual, and uses, studies, or analyzes the information or biospecimens; or (ii) obtains, uses, studies, analyzes, or generates personal information or identifiable biospecimens. (9) Personal information (A) In general The term personal information means any information held by a data broker, regardless of how the information is collected, inferred, created, or obtained, that is linked or reasonably linkable by the data broker to a particular individual or consumer device, including the following information: (i) Financial information, including any bank account number, credit card number, debit card number, or insurance policy number. (ii) A name, alias, home or other physical address, online identifier, Internet Protocol address, email address, account name, State identification card number, driver's license number, passport number, or an identifying number on a government-issued identification. (iii) Geolocation information. (iv) Biometric information. (v) The contents of, attachments to, or parties to information, including with respect to email, text messages, picture messages, voicemails, audio conversations, or video conversations. (vi) Web browsing history, including any search query. (vii) Genetic sequencing information. (viii) A device identifier, online identifier, persistent identifier, or digital fingerprinting information. (ix) Any inference drawn from any of the information described in this paragraph that is used to create a profile about an individual that reflects such individual's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes. (x) Any other information determined appropriate by the Commission. (B) Linked or reasonably linkable For purposes of subparagraph (A), information is linked or reasonably linkable to a particular individual or consumer device if the information can be used on its own or in combination with other information held by or readily accessible to a data broker to identify a particular individual or consumer device. (10) Process The term process means to perform or direct the performance of an operation on personal information, including the collection, transmission, use, disclosure, analysis, prediction, or modification of such personal information, whether or not by automated means. (11) Uniform resource locator; URL The term uniform resource locator or URL means a short string containing an address that refers to an object on the web. | https://www.govinfo.gov/content/pkg/BILLS-117s3627is/xml/BILLS-117s3627is.xml |
117-s-3628 | II 117th CONGRESS 2d Session S. 3628 IN THE SENATE OF THE UNITED STATES February 10, 2022 Ms. Rosen (for herself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Health and Human Services to establish a grant program to promote comprehensive mental health and suicide prevention efforts in schools, and for other purposes.
1. Short title This Act may be cited as the Youth Mental Health and Suicide Prevention Act . 2. Coordinated promotion of school comprehensive mental health and suicide prevention plans (a) In general The Secretary, acting through the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration, may carry out a program to award grants, on a competitive basis, to eligible entities to enhance services for school-age youth with mental health and behavioral health issues that can lead to low academic proficiency, low rates of school attendance and graduation, and other negative outcomes, including depression, substance abuse, and suicide attempts. (b) Application To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate, including, at a minimum— (1) a description of identified mental health and behavioral health needs of school-age youth served by such eligible entity; (2) a description of revenue from Federal, State, local, private, and institutional sources the eligible entity has available to address the needs described in paragraph (1); (3) a description of the eligible entity's proposed plan for using the grant funds to increase access to evidence-based mental and behavioral health services; (4) a description of the eligible entity's proposed plan for improving mental health equity and assisting school-age youth most in need of mental health services; (5) a description of how such eligible entity will involve, as appropriate, school-age youth and peer representatives in the planning, implementation, and evaluation processes related to the use of grant funds and for purposes of achieving mental health equity; (6) a description of how such eligible entity will support other school-age youth and the school community if a school-age youth attempts suicide or dies by suicide; (7) a plan to— (A) implement the activities described in subsection (c); and (B) evaluate the outcomes of such activities; and (8) an assurance that such eligible entity will submit to the Secretary, for each fiscal year in which grant funds are used, a report with respect to— (A) the activities carried out under subsection (c); and (B) the outcomes of such activities, reported in accordance with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ; commonly known as the Family Educational Rights and Privacy Act of 1974 ). (c) Allowable uses of grant funds A grant awarded under this section may be used by an eligible entity for— (1) evaluating existing program activities and prevention strategies; (2) educational seminars; (3) educational awareness campaign materials for school-age youth, families of school-age youth, and school staff to increase the awareness of potential mental and behavioral health issues of school-age youth; (4) peer-to-peer program support; (5) programs that assist schools in adopting a public health approach to mental health; (6) social media applications used for mental and behavioral health purposes, such as suicide risk and mental health screenings; (7) providing mental health services for school-age youth through telehealth; (8) training programs for school-age youth and teachers, school leaders, and other school personnel to learn to respond effectively to school-age youth with mental health and behavioral health issues that can lead to low academic proficiency, low rates of school attendance and graduation, and other negative outcomes, including depression, substance abuse, and suicide attempts; and (9) providing culturally specific mental health and substance use education and prevention programs for school-age youth. (d) Geographical representation In awarding grants under this section, the Secretary shall ensure that grant funds are distributed with the greatest possible geographical representation, including to State and local educational agencies that serve rural areas. (e) Technical assistance The Secretary may provide technical assistance to grantees in carrying out this section. (f) Study and report (1) Study For each fiscal year during which grants are awarded under this section, the Secretary shall conduct a study on the results of the grant program. (2) Report For each study conducted under paragraph (1), the Secretary shall submit to Congress a report on the results of such study, including— (A) an evaluation of the outcomes of the grant program, including a summary of activities carried out by eligible entities and the results of such activities; and (B) recommendations with respect to improving access to mental health and behavioral heath services at schools, including efforts to reduce the occurrence of suicide and substance abuse. (g) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency; (B) a State educational agency; or (C) an Indian Tribe or Tribal organization. (2) ESEA terms The terms local educational agency and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Indian Tribe; Tribal organization The terms Indian Tribe and Tribal organization have the meanings given the terms Indian tribe and tribal organization , respectively, in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) School-age youth The term school-age youth means— (A) individuals between the ages of 5 and 17, inclusive; and (B) children with disabilities, as defined in section 602(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401(3) ), who receive services under part B of such Act ( 20 U.S.C. 1411 et seq. ). (5) Secretary The term Secretary means the Secretary of Health and Human Services, in consultation with the Secretary of Education and the heads of other appropriate agencies. (h) Authorization of appropriations (1) In general There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Set-aside Of the amount appropriated to carry out this section for a fiscal year, 10 percent shall be reserved for grants to eligible entities that serve Indian Tribes or Tribal organizations. | https://www.govinfo.gov/content/pkg/BILLS-117s3628is/xml/BILLS-117s3628is.xml |
117-s-3629 | II 117th CONGRESS 2d Session S. 3629 IN THE SENATE OF THE UNITED STATES February 10, 2022 Mr. Markey (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 authorize a study on certain exemptions for treatment of opioid use disorder through opioid treatment programs during the COVID–19 public health emergency, and for other purposes.
1. Short title This Act may be cited as the Opioid Treatment Access Act of 2022 . 2. Study on exemptions for treatment of opioid use disorder through opioid treatment programs during the COVID–19 public health emergency (a) Study The Assistant Secretary for Mental Health and Substance Use shall conduct a study, in consultation with patients and other stakeholders, on activities carried out pursuant to exemptions granted— (1) to a State (including the District of Columbia or any territory of the United States) or an opioid treatment program; (2) pursuant to section 8.11(h) of title 42, Code of Federal Regulations; and (3) during the period— (A) beginning on the declaration of the public health emergency for the COVID–19 pandemic under section 319 of the Public Health Service Act ( 42 U.S.C. 274 ); and (B) ending on the earlier of— (i) the termination of such public health emergency, including extensions thereof pursuant to such section 319; and (ii) the end of calendar year 2022. (b) Issues To be studied The study under subsection (a) shall, with respect to exemptions described in such subsection, include consideration of each of the following: (1) The number of participating patients in each State. (2) The percentage of participating patients in each State relative to the total number of patients in the respective State receiving treatment through an opioid treatment program. (3) The number of participating patients in each State who cease treatment. (4) The number of participating patients in each State who overdose on an opioid and cease treatment. (5) The number of participating patients in each State who overdose on an opioid and continue treatment. (6) The number of participating opioid treatment programs in each State. (7) The percentage of participating opioid treatment programs in each State relative to the total number of opioid treatment programs in the respective State. (8) The demographic, socioeconomic, and geographic characteristics of the participating patients and opioid treatment programs. (9) Any additional costs or savings from exemptions in each State. (10) An analysis of differences in the use of exemptions among States. (11) Rates of medication adherence and diversion. (c) Privacy The section does not authorize the disclosure by the Department of Health and Human Services of individually identifiable information about patients. (d) Feedback In conducting the study under subsection (a), the Assistant Secretary for Mental Health and Substance Use shall gather feedback from the States and opioid treatment programs on their experiences in implementing exemptions described in subsection (a). (e) Report Not later than 180 days after the end of the period described in subsection (a)(3)(B), and subject to subsection (c), the Assistant Secretary for Mental Health and Substance Use shall publish a report on the results of the study under this section. 3. Changes to Federal opioid treatment standards (a) Mobile medication units Section 302(e) of the Controlled Substances Act ( 21 U.S.C. 822(e) ) is amended by adding at the end the following: (3) Notwithstanding paragraph (1), a registrant that is dispensing pursuant to section 303(g) narcotic drugs to individuals for maintenance treatment or detoxification treatment shall not be required to have a separate registration to incorporate one or more mobile medication units into the registrant’s practice to dispense such narcotics at locations other than the registrant’s principal place of business or professional practice described in paragraph (1), so long as the registrant meets such standards for operation of a mobile medication unit as the Attorney General may establish. . (b) Clarification in consideration of patients’ responsibility in handling opioid drugs for unsupervised use Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate a final regulation, or issue guidance, clarifying section 8.12(i)(2)(i) of title 42, Code of Federal Regulations (and making such other changes as may be necessary) so that a medical director may determine that a patient is sufficiently responsible in handling opioid drugs for unsupervised use, as described in such section 8.12(i)(2) of such title 42, even if there is evidence of recent use of drugs (opioid or nonnarcotic, including alcohol). (c) Periods for take-Home supply requirements (1) First regulation Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate a final regulation amending paragraphs (i)(3)(i) through (i)(3)(vi) of section 8.12 of title 42, Code of Federal Regulations (and making such other changes as may be necessary) so that— (A) the references to 90 days in paragraphs (i)(3)(i) through (i)(3)(iii) of such section 8.12 are each reduced to not more than 45 days; (B) the reference to the remaining months of the first year in paragraph (i)(3)(iv) of such section 8.12 is reduced to the remaining days of not more than the first six months of treatment; (C) the reference to 1 year in paragraph (i)(3)(v) of such section 8.12 is reduced to not more than 6 months; and (D) the reference to 2 years in paragraph (i)(3)(vi) of such section 8.12 is reduced to not more than 1 year. (2) Study Not later than 18 months after the date of enactment of this Act, the Assistant Secretary for Mental Health and Substance Use shall— (A) complete a study, in consultation with patients and other stakeholders, on the impacts on patient rehabilitation of the changes made by the regulation under paragraph (1) to the periods specified in section 8.12(i)(3) of title 42, Code of Federal Regulations; (B) submit a report to the Congress on the results of such study; and (C) include in such report recommendations for policy changes. (3) Second regulation (A) In general Not later than two years after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate a final regulation amending paragraphs (i)(3)(i) through (i)(3)(vi) of section 8.12 of title 42, Code of Federal Regulations, as appropriate based on the findings of the study under paragraph (2). (B) Limitation The regulation under subparagraph (A) shall not amend section 8.12 of title 42, Code of Federal Regulations, so as to— (i) allow the dispensing of more than two consecutive doses of methadone for take-home use per week before the patient’s 30th day of treatment; or (ii) prohibit a patient determined to be responsible in handling opioids from being given a maximum of a one-month supply of methadone for take-home use after two years of continuous treatment. 4. Expansion of take-home prescribing of methadone through pharmacies (a) Registration; other care by telehealth Section 303(g) of the Controlled Substances Act ( 21 U.S.C. 823(g) ) is amended— (1) in paragraph (1), by striking in paragraph (2) and inserting in paragraphs (2) and (3) ; and (2) by adding at the end the following: (3) (A) At the request of a State, the Attorney General, in consultation with the Secretary, may, pursuant to paragraph (1), register persons described in subparagraph (B) to prescribe methadone to be dispensed through a pharmacy for individuals for unsupervised use. (B) Persons described in this subparagraph are persons who— (i) are licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which they practice, to prescribe controlled substances in the course of professional practice; and (ii) are— (I) employees or contractors of an opioid treatment program; or (II) addiction medicine physicians or addiction psychiatrists who hold a subspecialty board certification in addiction medicine from the American Board of Preventive Medicine, a board certification in addiction medicine from the American Board of Addiction Medicine, a subspecialty board certification in addiction psychiatry from the American Board of Psychiatry and Neurology, or a subspecialty board certification in addiction medicine from the American Osteopathic Association. (C) The prescribing of methadone pursuant to subparagraph (A) shall be— (i) exclusively by electronic prescribing; (ii) for a supply of not more than 1 month pursuant to each prescription; and (iii) subject to the restrictions listed in section 8.12(i)(3) of title 42, Code of Federal Regulations, including any amendments or exemptions to such section pursuant to section 3(c) of the Opioid Treatment Access Act of 2022 , or successor regulations or guidance. (D) The dispensing of methadone to an individual pursuant to subparagraph (A) shall be in addition to the other care which the individual continues to have access to through an opioid treatment program. (E) Persons registered in a State pursuant to subparagraph (A) shall— (i) ensure and document, with respect to each patient treated pursuant to subparagraph (A), informed consent to treatment; and (ii) include in such informed consent, specific informed consent regarding differences in confidentiality protections applicable when dispensing through an opioid treatment program versus dispensing through a pharmacy pursuant to subparagraph (A). (F) At the request of a State, the Attorney General, in consultation with the Secretary, shall— (i) cease registering persons in the State pursuant to subparagraph (A); and (ii) withdraw any such registration in effect for a person in the State. (G) Maintenance treatment or detoxification treatment provided pursuant to subparagraph (A), as well as other care provided in conjunction with such treatment, such as counseling and other ancillary services, may be provided by means of telehealth as determined jointly by the State and the Secretary to be feasible and appropriate. . (b) Annual reporting Not later than 6 months after the date of enactment of this Act, and annually thereafter, the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Drug Enforcement Agency, acting jointly, shall submit a report to the Congress including— (1) the number of persons registered pursuant to section 303(g)(3) of the Controlled Substances Act, as added by subsection (a); (2) the number of patients being prescribed methadone pursuant to such section 303(g)(3); and (3) a list of the States in which persons are registered pursuant to such section 303(g)(3). 5. Sense of Congress on need to reduce barriers to patient care through opioid treatment programs It is the sense of the Congress that— (1) patients receiving services through opioid treatment programs face barriers to their care; and (2) each State should align its regulation of opioid treatment programs in a manner that is consistent with the intent of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3629is/xml/BILLS-117s3629is.xml |
117-s-3630 | II 117th CONGRESS 2d Session S. 3630 IN THE SENATE OF THE UNITED STATES February 10, 2022 Mr. Scott of South Carolina introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries.
1. Short title This Act may be cited as the Supporting Care for Dual Eligibles Act . 2. Improving Medicaid's capacity to protect dual eligible beneficiaries (a) Establishment of Dual Eligible Quality Care Fund (1) In general Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish a fund to be known as the Dual Eligible Quality Care Fund . (2) Establishment within Federal Coordinated Health Care Office The Dual Eligible Quality Care Fund shall be established within, and administered by the Director of, the Federal Coordinated Health Care Office established under section 2602 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1315b ). (3) Funding There is appropriated to the Dual Eligible Quality Care Fund for fiscal year 2022 $100,000,000, to remain available until expended. (b) Purpose The purpose of the Dual Eligible Quality Care Fund is to provide timely, targeted assistance in the way of grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. (c) Allowable uses of grant funds A State Medicaid program may use amounts received under a grant from the Dual Eligible Quality Care Fund to improve its capacity to provide quality integrated care for dual eligible beneficiaries through any of the following: (1) Recruiting and paying workers with needed subject matter knowledge, skills, or capabilities. (2) Actuarial support for rate development and analysis and development or purchase of risk adjustment tools. (3) Information technology system changes, including changes that— (A) improve member enrollments; (B) improve encounter data collection and analysis; (C) improve the ability of State Medicaid programs to develop customized data management tools (such as queries and dashboards); (D) improve compliance with Federal reporting requirements; (E) enhance financial analysis; (F) improve quality reporting and monitoring; (G) improve modifications to capitation payments; (H) transfer eligibility and enrollment data between systems; (I) improve the grievances and appeals process; and (J) improve interaction with Medicare data and related systems. (4) Providing support for dual eligible beneficiaries during enrollment processes, assistance to dual eligible beneficiaries evaluating their enrollment choices, informational materials to dual eligible beneficiaries and those assisting with decision support, and coordination with Medicare enrollment processes. (5) Monitoring and oversight of efforts undertaken by State Medicaid using grant funds, including measuring the level of participation by stakeholders and dual eligible beneficiaries. (6) Quality measurement and State evaluation activities, development and deployment of survey tools, and costs of accessing, transferring, and analyzing data. (7) Develop knowledge and understanding within the State Medicaid agency of the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (8) Supporting and improving Medicare initiatives, including new initiatives and existing or past initiatives such as the Financial Alignment Initiative for Medicare-Medicaid Enrollees demonstration projects conducted under section 1115A of the Social Security Act ( 42 U.S.C. 1315a ). (d) Awarding grants (1) In general A State Medicaid program that wishes to receive a grant under this section from the Dual Eligible Quality Care Fund shall submit an application to the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the Director ), in such form and manner as the Director shall specify. The Director may award a grant under this section to any State, without regard to the State's existing capacity to provide quality integrated care for dual eligible beneficiaries. (2) Application requirements An application for a grant under this section shall include an identification of the uses of funds described in subsection (c) for which the State Medicaid program will use the grant funds. (3) Methodology for disbursing funds (A) In general Not later than 6 months after the date of enactment of this Act, the Director shall issue guidance establishing a clear and equitable methodology for awarding grants to State Medicaid programs under this section. (B) Methodology requirements The methodology established by the Director under this paragraph shall, to the extent practical— (i) ensure that grant funds are used in accordance with subsection (c); (ii) provide that grants are awarded by the Director in a manner that is transparent and equitable to State Medicaid programs; and (iii) provide that, in determining the grant amount to be awarded to a State Medicaid program, the Director shall take into consideration— (I) the percentage of enrollees in the program who are dual eligible beneficiaries; and (II) the total number of dual eligible beneficiaries enrolled in the program. (C) Limitations The Director shall not award more than 1 grant under this section to any State Medicaid program, and in no case may the amount of a grant awarded under this section exceed $2,000,000. (e) State program reporting (1) Quarterly Reporting States receiving a grant under this section shall, in a form and manner specified by the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the Director ), report no less frequently than once a quarter regarding the amount of grant funds spent by the State and how funds received from the grant are being used within the State. (2) Longitudinal Report States receiving a grant under this section shall, no later than 2 years after the receipt of such grant, submit to the Director and make available on a State website a report summarizing how the funds received under such grant were used. Such report shall include the following: (A) An explanation of which uses of funds described in subsection (c) the grant funds supported. (B) An assessment of each of the following: (i) The manner in which the grant funds improved the State Medicaid program's capacity to provide quality integrated care for dual eligible beneficiaries. (ii) The manner in which the grant funds improved the quality of care for dual eligible beneficiaries. (iii) The manner in which the grant funds improved the integration and coordination of care for dual eligible beneficiaries. (f) Definitions In this section: (1) Dual eligible beneficiary The term dual eligible beneficiary means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), or enrolled for benefits under part B of such title, and is eligible for medical assistance under a State plan under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) or under a waiver of such a plan. (2) Quality integrated care The term quality integrated care means the provision of services provided under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) and services provided under a State Medicaid program— (A) through systems in which Medicaid and Medicare program administrative requirements, financing, benefits, or care delivery are aligned; and (B) in a coordinated fashion, which may include coverage of such services through a single entity or coordinating entities. (3) State The term State has the meaning given such term for purposes of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (4) State Medicaid program The term State Medicaid program means a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), and includes any waiver of such a plan. 3. Payment error rate measurement (PERM) audit requirements (a) Biennial PERM audit requirement Beginning with fiscal year 2023, the Administrator shall conduct payment error rate measurement ( PERM ) audits of each State Medicaid program on a biennial basis. (b) Notification; identification of sources of improper payments (1) Notification Not later than 6 months after the date of enactment of this Act, the Administrator shall notify the contractor conducting PERM audits of the Administrator's intent to modify contracts to require PERM audits not less than once every other year in each State. (2) Identification of sources of improper payments The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. (c) State Medicaid director letter Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (d) State improper payment mitigation plans (1) In general Not later than January 1, 2023, each State Medicaid program shall submit to the Administrator a plan, which shall include specific actions and timeframes for taking such actions and achieving specified results, for mitigating improper payments under such program. (2) Publication of State plans The Administrator shall make State plans submitted under paragraph (1) available to the public. (e) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Centers for Medicare & Medicaid Services. (2) State The term State has the meaning given such term for purposes of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (3) State Medicaid program The term State Medicaid program means a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), and includes any waiver of such a plan. | https://www.govinfo.gov/content/pkg/BILLS-117s3630is/xml/BILLS-117s3630is.xml |
117-s-3631 | II 117th CONGRESS 2d Session S. 3631 IN THE SENATE OF THE UNITED STATES February 10, 2022 Ms. Warren (for herself, Mr. Daines , Mrs. Blackburn , Ms. Stabenow , Mr. Warnock , and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes.
1. Short title This Act may be cited as the Bipartisan Ban on Congressional Stock Ownership Act of 2022 . 2. Bar on stock trading and ownership by Members of Congress and spouses (a) Definitions In this section: (1) Commodity The term commodity has the meaning given that term in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ). (2) Congressional ethics committee The term congressional ethics committee has the meaning given that term in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (3) Diversified The term diversified , with respect to an investment fund, means that the investment fund does not have a stated policy of overly concentrating its investments. (4) Member of Congress The term Member of Congress has the meaning given that term in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (5) Security The term security has the meaning given that term in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (6) Small business concern The term small business concern has the meaning given that term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (7) Widely held investment fund The term widely held investment fund means a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (b) Divestment (1) In general Except as provided in subsection (c), no Member of Congress or spouse of a Member of Congress may own an interest in or trade (except as a divestment) any stock, bond, commodity, future, or other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle. (2) Implementation (A) Current Members (i) In general Except as provided in clause (ii), an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date of enactment of this Act. (ii) Certain assets For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date of enactment of this Act. (B) New Members (i) In general Except as provided in clause (ii), an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date on which the individual becomes a Member of Congress. (ii) Certain assets For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date on which the individual becomes a Member of Congress. (C) Divestment of assets received while a Member An individual serving as a Member of Congress, or the spouse of such an individual, who receives any asset described in paragraph (1) during the period of such service, such as from an inheritance, shall complete the divestment of the asset by not later than 180 days after the date on which the individual or spouse receives the asset. (c) Exceptions Nothing in this section shall be construed to prevent— (1) a Member of Congress or spouse of a Member of Congress from owning or trading— (A) a widely held investment fund, if the widely held investment fund— (i) does not present a conflict of interest; and (ii) is diversified; (B) shares of Settlement Common Stock issued under section 7(g)(1)(A) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(g)(1)(A) ); (C) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ); (D) a United States Treasury bill, note, or bond; (E) an investment fund held in a Federal, State, or local government employee retirement plan; (F) an interest in a small business concern, if the small business concern does not present a conflict of interest; or (G) any asset described in subsection (b)(1) received as compensation from the primary occupation of the spouse; or (2) a spouse of a Member of Congress from trading any asset described in subsection (b)(1) that is not owned by the spouse or Member of Congress in the course of performing the primary occupation of the spouse. (d) Civil fines The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. (e) Nonrecognition of gain (1) In general Paragraph (1) of section 1043(b) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph: (B) any Member of Congress or Member of Congress-elect, but only with respect to a divestment of property required by the Bipartisan Ban on Congressional Stock Ownership Act of 2022 , and ; and (D) by striking subparagraph (A) in subparagraph (C), as so redesignated, and inserting subparagraph (A) or (B), whichever is applicable . (2) Certificate of divestiture Subparagraph (B) of section 1043(b)(2) of such Code is amended— (A) by striking or by and inserting by ; and (B) by inserting , or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect after judicial officers . (3) Effective date The amendments made by this subsection shall apply to sales of property after the date of the enactment of this Act. (f) Interpretive guidance The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. | https://www.govinfo.gov/content/pkg/BILLS-117s3631is/xml/BILLS-117s3631is.xml |
117-s-3632 | II 117th CONGRESS 2d Session S. 3632 IN THE SENATE OF THE UNITED STATES February 10, 2022 Mr. Rubio (for himself, Ms. Ernst , Mr. Scott of South Carolina , Mr. Grassley , Mr. Cassidy , Mr. Inhofe , Mrs. Capito , Mr. Braun , Mr. Scott of Florida , Mr. Daines , Mr. Tillis , Mr. Kennedy , Mr. Boozman , Mr. Cotton , Mr. Barrasso , and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the program for local substance use disorder services.
1. Short title This Act may be cited as the Cutting Rampant Access to Crack Kits Act of 2022 or the CRACK Act of 2022 . 2. Program for local substance use disorder services Section 2706(b) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) is amended by adding at the end the following: (3) Prohibited uses Amounts made available under this section may not be used to procure, supply, or distribute pipes, cylindrical objects, or other paraphernalia that can be used to smoke, inhale, or ingest narcotics. . | https://www.govinfo.gov/content/pkg/BILLS-117s3632is/xml/BILLS-117s3632is.xml |
117-s-3633 | II 117th CONGRESS 2d Session S. 3633 IN THE SENATE OF THE UNITED STATES February 10, 2022 Mr. Warnock introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To extend the authorizations for the Augusta Canal National Heritage Area, Arabia Mountain National Heritage Area, and Gullah/Geechee Cultural Heritage Corridor, and for other purposes.
1. Extension of authorizations for the Augusta Canal National Heritage Area, Arabia Mountain National Heritage Area, and Gullah/Geechee Cultural Heritage Corridor (a) Augusta Canal National Heritage Area (1) Extension Section 310 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4252; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 233; 133 Stat. 778) is amended by striking 2021 and inserting 2036 . (2) Funding limitation Section 311(a) of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4252; 122 Stat. 824) is amended by striking the second sentence. (b) Arabia Mountain National Heritage Area (1) Boundary adjustment Section 234 of the Arabia Mountain National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1796) is amended— (A) in subsection (b)— (i) by striking The heritage and inserting the following: (1) In general The heritage ; and (ii) by adding at the end the following: (2) Boundary adjustment The boundary of the heritage is adjusted to include the approximately 188 acres of land, as depicted on the map prepared by the National Park Service entitled Arabia Mountain National Heritage Area Proposed Boundary Adjustment , numbered 255/126701, and dated October 2014. ; and (B) in subsection (c), by striking The map and inserting The maps described in paragraphs (1) and (2) of subsection (b) . (2) Funding limitation Section 239 of the Arabia Mountain National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1799) is amended by striking subsection (a) and inserting the following: (a) In general There is authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. . (3) Extension Section 240 of the Arabia Mountain National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1799) is amended by striking on the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . (c) Gullah/Geechee Cultural Heritage Corridor (1) Extension of commission Section 295D(d) of the Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1833; 130 Stat. 962) is amended by striking 15 years and inserting 30 years . (2) Elimination of meeting requirements Section 295E(a) of the Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1833) is amended— (A) by striking paragraph (4); and (B) by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively. (3) Funding Section 295K(a) of the Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1837) is amended by striking the second sentence. (4) Termination of authority Section 295L of the Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1837; 130 Stat. 962) is amended by striking 15 years and inserting 30 years . (5) Technical amendments (A) The Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1832) is amended, in the subtitle heading, by striking Gullah/Geechee and inserting Gullah Geechee . (B) Section 295C of the Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1832) is amended, in the section heading, by striking Gullah/Geechee and inserting Gullah Geechee . (C) Section 295D of the Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1833) is amended, in the section heading, by striking Gullah/Geechee and inserting Gullah Geechee . (D) The Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1832) is amended by striking Gullah/Geechee each place it appears in sections 295, 295A, 295B, 295C(a), and 295D and inserting Gullah Geechee . | https://www.govinfo.gov/content/pkg/BILLS-117s3633is/xml/BILLS-117s3633is.xml |
117-s-3634 | II 117th CONGRESS 2d Session S. 3634 IN THE SENATE OF THE UNITED STATES February 10, 2022 Ms. Ernst (for herself, Mr. Braun , Mr. Grassley , Mr. Hagerty , Mr. Scott of Florida , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To create a point of order requiring an inflation impact report with any legislation that makes discretionary appropriations.
1. Short title This Act may be cited as the Providing Reports on Inflation Costs and Economic Impact Act or the PRICE Act . 2. Point of order requiring an inflation impact report with any legislation that makes discretionary appropriations (a) Point of order It shall not be in order in the Senate to consider a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report making discretionary appropriations (as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) )) unless an inflation impact report by the Congressional Budget Office with respect to the measure is submitted for publication in the Congressional Record, including an analysis of the impact the measure would have on— (1) the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; (2) the Employment Cost Index for private industry workers published by the Bureau of Labor Statistics; and (3) the purchasing power of consumers, including a comparison of the impact described in paragraph (1) and the impact described in paragraph (2). (b) Supermajority waiver and appeals (1) Waiver This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. (2) Appeals Appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3634is/xml/BILLS-117s3634is.xml |
117-s-3635 | II 117th CONGRESS 2d Session S. 3635 IN THE SENATE OF THE UNITED STATES February 10, 2022 Ms. Duckworth (for herself, Mr. Cornyn , Mr. Durbin , Mr. Tillis , Mr. Kaine , Ms. Collins , Mr. Inhofe , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to authorize public safety officer death benefits to officers suffering from post-traumatic stress disorder or acute stress disorder, and for other purposes.
1. Short title This Act may be cited as the Public Safety Officer Support Act of 2022 . 2. Findings Congress finds the following: (1) Every day, public safety officers, including police officers, firefighters, emergency medical technicians, and others, work to maintain the safety, health, and well-being of the communities they serve. (2) This means public safety officers are routinely called to respond to stressful and potentially traumatic situations, often putting their own lives in danger. (3) This work not only puts public safety officers at risk for experiencing harm, serious injury, and cumulative and acute trauma, but also places them at up to 25.6 times higher risk for developing post-traumatic stress disorder when compared to individuals without such experiences. (4) Psychological evidence indicates that law enforcement officers experience significant job-related stressors and exposures that may confer increased risk for mental health morbidities (such as post-traumatic stress disorder and suicidal thoughts, ideation, intents, and behaviors) and hastened mortality. (5) Public safety officers often do not have the resources or support they need, leaving them at higher risk for long-term mental health consequences. (6) Whereas, although the Department of Defense already considers servicemember suicides to be line-of-duty deaths and provides Federal support to eligible surviving families, the Federal Government does not recognize public safety officer suicides as deaths in the line of duty. (7) In 2017, the Department of Justice approved 481 claims under the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 et seq. ), but not one of them for the more than 240 public safety officers who died by suicide that year. (8) Public safety officers who have died or are disabled as a result of suicide or post-traumatic stress disorder do not qualify for the Public Safety Officers' Benefits Program, despite the fact that public safety officers are more likely to die by suicide than from any other line-of-duty cause of death. 3. Public safety officer death benefits for post-traumatic stress disorder and acute stress disorder (a) In general Section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 ) is amended by adding at the end the following: (o) Post-Traumatic stress disorder and acute stress disorder (1) Definitions In this section: (A) Mass casualty event The term mass casualty event means an incident resulting in casualties to not fewer than 3 victims, including— (i) an incident that exceeds the normal resources for emergency response available in the jurisdiction where the incident takes place; and (ii) an incident that results in a sudden temporal surge of injured individuals necessitating emergency services. (B) Mass fatality event The term mass fatality event means an incident resulting in the fatalities of not fewer than 3 individuals at 1 or more locations close to one another with a common cause. (C) Mass shooting The term mass shooting means a multiple homicide incident in which not fewer than 3 victims are killed— (i) with a firearm; (ii) within 1 event; and (iii) in 1 or more locations in close proximity. (2) Personal injury sustained in line of duty (A) In general Except as provided in subparagraph (B), as determined by the Bureau— (i) post-traumatic stress disorder or acute stress disorder suffered by a public safety officer, and diagnosed by a licensed medical or mental health professional, shall be presumed to constitute a personal injury within the meaning of subsection (a), sustained in the line of duty by the officer, if the officer, while on duty, engages in situations involving stressful, tensional, or traumatic law enforcement, fire suppression, rescue, hazardous material response, emergency medical services (including responding to opioid overdoses, or traumatic psychological or psychiatric distress calls), prison security, disaster relief, or other emergency response activity; (ii) post-traumatic stress disorder or acute stress disorder suffered by a public safety officer who has contacted or attempted to contact the employee assistance program of the agency or entity that the officer serves, a licensed medical or mental health professional, suicide prevention services, or another mental health assistance service in order to receive help, treatment, or diagnosis for post-traumatic stress disorder or acute stress disorder, shall be presumed to constitute a personal injury within the meaning of subsection (a), sustained in the line of duty by the officer, if the officer, while on duty, engages in situations involving stressful, tensional, or traumatic law enforcement, fire suppression, rescue, hazardous material response, emergency medical services (including responding to opioid overdoses, or traumatic psychological or psychiatric distress calls), prison security, disaster relief, or other emergency response activity; and (iii) post-traumatic stress disorder or acute stress disorder suffered by a public safety officer who engages in a response to a mass casualty incident, mass death incident, or mass shooting involving stressful, tensional, or traumatic law enforcement, fire suppression, rescue, hazardous material response, prison security, disaster relief, or other emergency response activity shall be presumed to constitute a personal injury within the meaning of subsection (a), sustained in the line of duty by the officer. (B) Exceptions (i) Disorder unrelated to engagement Subparagraph (A) shall not apply if the Bureau establishes, by clear and convincing evidence, and based on competent psychological or medical evidence, that the post-traumatic stress disorder or acute stress disorder was completely unrelated to engagement in situations described in clause (i), (ii), or (iii) of that subparagraph. (ii) Other direct and proximate cause Subparagraph (A) shall not apply if competent psychological or medical evidence establishes that the post-traumatic stress disorder or acute stress disorder was directly and proximately caused by something other than the mere presence of post-traumatic stress disorder or acute stress disorder risk factors. (3) Death or disability (A) In general (i) Death by suicide of any officer For purposes of a claim under subsection (a), if a public safety officer described in clause (i), (ii), or (iii) of paragraph (2)(A) of this subsection dies by suicide, that death shall be presumed to be a direct and proximate result of the post-traumatic stress disorder or acute stress disorder suffered by the public safety officer. (ii) Disability of diagnosed officers For purposes of a claim under subsection (b), if a public safety officer described in paragraph (2)(A)(i) of this subsection is permanently and totally disabled as a result of the post-traumatic stress disorder or acute stress disorder suffered by the public safety officer, including as a result of attempted suicide, that disability shall be presumed to be a direct and proximate result of the post-traumatic stress disorder or acute stress disorder suffered by the public safety officer. (iii) Disability of non-diagnosed officers due to attempted suicide For purposes of a claim under subsection (b), if a public safety officer described in clause (ii) or (iii) of paragraph (2)(A) of this subsection is permanently and totally disabled as a result of attempted suicide, that disability shall be presumed to be a direct and proximate result of the post-traumatic stress disorder or acute stress disorder suffered by the public safety officer. (B) Permanent and total disability For purposes of clauses (ii) and (iii) of subparagraph (A), an individual shall be considered permanently and totally disabled as a result of an attempted suicide or of post-traumatic stress disorder or acute stress disorder if the individual is unable to serve as a public safety officer in the same or a substantially similar role as the individual was serving prior to the attempted suicide or prior to suffering from post-traumatic stress disorder or acute stress disorder, respectively. (4) Applicability of limitations on benefits (A) Intentional actions Section 1202(a)(1) shall not apply to any claim for a benefit under this part that is payable in accordance with this subsection. (B) Substance use Section 1202(a)(2) shall not preclude the payment of a benefit under this part if the benefit is otherwise payable in accordance with this subsection. . (b) Retroactive applicability The amendment made by subsection (a) shall take effect as if enacted on January 1, 2019, and shall apply to any public safety officer who dies or is permanently and totally disabled on or after that date. 4. GAO report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that details benefits issued pursuant to subsection (o) of section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 ), as added by section 3, and includes any recommendations to improve that subsection. | https://www.govinfo.gov/content/pkg/BILLS-117s3635is/xml/BILLS-117s3635is.xml |
117-s-3636 | II 117th CONGRESS 2d Session S. 3636 IN THE SENATE OF THE UNITED STATES February 10, 2022 Mr. Kelly (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 establish within the National Science Foundation a program to award STEM ecosystem grants.
1. Short title This Act may be cited as the Strengthening STEM Ecosystems Act . 2. Findings Congress finds the following: (1) STEM ecosystems— (A) engage stakeholders within and outside of a formal educational setting; and (B) may include— (i) community leaders; (ii) school districts; (iii) State, local, and Tribal governments; (iv) the Federal Government and Federal facilities; (v) businesses, industry, and workforce and economic development organizations; (vi) libraries; (vii) museums and science centers; (viii) institutions of higher education (including community colleges) and technical schools; (ix) community groups and clubs (including community-led research organizations), foundations, and nonprofit organizations; and (x) faith-based organizations. (2) As defined in the CoSTEM Annual Progress Report of 2020, STEM ecosystems are united by a collective vision of supporting participation in STEM through the creation of accessible, inclusive STEM learning experiences and opportunities spanning all education stages and career pathways. A STEM ecosystem continuously evaluates its activities and adapts as needed, plans for the long-term, and communicates its work to build broad support and advance evidence-based practices. STEM ecosystems focus on long-term, shared, sustainable, and flexible STEM missions that bridge, integrate, and strengthen the learning opportunities offered by organizations across sectors to build partnerships that maximize investments to create stronger STEM outcomes. (3) Federal agencies should encourage the collaboration of stakeholders in STEM ecosystems that unite a broad range of non-Federal partners, including pre-K through grade 12 schools, informal educators, informal STEM organizations, community-led and community-based research organizations, institutions of higher education (including community colleges, historically Black colleges and universities, Tribal colleges and universities, Hispanic-serving institutions, and other minority-serving institutions), employers, nonprofit organizations, social services, faith-based entities, economic and workforce development organizations, and museums, libraries, credentialing services, and other lifelong learning and participatory science organizations. (4) The National Science Foundation is a Federal agency that can and does encourage the collaboration described in paragraph (3). When reviewing proposals before the agency, reviewers are asked to consider how the proposed activities will have a broad impact on society and advance greater societal outcomes. (5) STEM ecosystems can increase work-based learning, training, and mentoring through educator-employer partnerships, allowing communities to more effectively leverage resources and expertise from strategic partners to provide seamless support to prepare the workforce of the future. (6) STEM ecosystems that directly support and engage the American public can increase public awareness and support overall STEM literacy. 3. Definitions In this Act: (1) Committee The term Committee means the Committee on STEM Education established under section 101 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6621 ). (2) Director The term Director means the Director of the National Science Foundation. (3) Eligible entity The term eligible entity means— (A) a STEM ecosystem; or (B) an eligible partnership. (4) Eligible partnership The term eligible partnership means a partnership between a STEM ecosystem described in subparagraph (A) of paragraph (8) and 1 or more non-Federal partners described in that subparagraph. (5) Hispanic-serving institution The term Hispanic-serving institution has the meaning given such term in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a ). (6) Historically black college or university The term historically Black college or university has the meaning given the term part B institution under section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (7) STEM The term STEM means science, technology (including computer science), engineering, and mathematics. (8) STEM ecosystem The term STEM ecosystem means— (A) a network, consortium, or multi-sector partnership, which may be led or co-led by a nonprofit organizational entity, that is operating in the United States and united by a collective vision of supporting participation in STEM through the creation of accessible, inclusive STEM learning experiences and opportunities (as defined in the CoSTEM Annual Progress Report of 2020) with a broad range of non-Federal partners, including pre-K through grade 12 schools, informal educators, institutions of higher education (including community colleges, historically Black colleges and universities, Hispanic-serving institutions, Tribal Colleges and Universities, and other minority-serving institutions), employers, other nonprofit organizations, economic and workforce development organizations, industry or trade organizations, trade or technician training schools, social services providers, faith-based organizations, museums, libraries, credentialing organizations, and other lifelong learning organizations; or (B) an office, task force, or other section of the office of the Governor of a State, a State educational agency, or a Tribal government that has the mission of improving STEM education and outcomes within the State. (9) STEM learning stakeholder The term STEM learning stakeholder means an organization that is— (A) dedicated to the goal of improving STEM belonging, participation, and learning; (B) providing accessible and inclusive STEM experiences and opportunities; or (C) supporting seamless educational and STEM workforce transitions. (10) Tribal college or university The term Tribal College or University has the meaning given the term in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ). 4. STEM ecosystem grants (a) Purpose The purpose of a grant awarded under this section is to leverage the expertise, depth of cross-sector partnerships, and equity focus of STEM ecosystems to enhance the value of STEM-intensive organizations in improving STEM learning to address immediate and long-term STEM workforce and economic needs in States and communities. (b) Grants (1) In general The Director, subject to the availability of appropriations, may award grants on a competitive basis to eligible entities to carry out the activities described in paragraph (4). The Director shall notify the Committee of all grant awards, including the grant recipients, made under this section. (2) Term A grant awarded under paragraph (1)— (A) shall be for a period of 3 to 5 years; and (B) may be renewed for additional 3-year periods. (3) Applications (A) In general An eligible entity seeking funding under paragraph (1) shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (B) Requirements An application submitted under subparagraph (A) shall include, at a minimum— (i) a description of the eligible entity, including, in the case of an eligible partnership, a description of the role that each member of the eligible partnership will play in implementing the proposal for the use of the grant funds; (ii) a description of each of the activities to be carried out by the eligible entity using the grant funds; and (iii) an evaluation plan that includes outcome-oriented measures to determine the impact and efficacy of the grant award. (4) Use of funds Grants awarded under paragraph (1) shall be used for activities that draw on the expertise of eligible entities to improve STEM learning, the STEM network or community of practice, and workforce development, including— (A) convening STEM learning stakeholders to review and assess statewide or regional STEM education needs and practices, share best practices, and bolster existing programs or develop new programs and other means to address such needs; (B) designing or developing sustainable systems to support STEM learning connections, networks, and infrastructure; (C) developing eligible partnerships to expand access to the opportunities described in subparagraphs (A) and (B) to rural and underrepresented populations, including by supplementing the support needed to participate in those opportunities; (D) developing regional hubs or working groups within a STEM ecosystem to connect eligible partnerships described in subparagraph (C) with State and local workforce trajectories; (E) convening STEM learning stakeholder to support State-level workforce planning to ensure alignment between STEM learning activities and workforce needs; (F) obtaining technical assistance provided by an outside organization; and (G) supporting STEM learning programs, events, or pre-enrollment activities, including measurable outreach campaigns to raise STEM awareness in rural or underserved areas. (5) Geographic diversity Not fewer than 25 percent of grants awarded under this section and 25 percent of the total amount awarded under paragraph (1) shall be made to eligible entities serving jurisdictions that participate in the program under section 113 of the National Science Foundation Authorization Act of 1988 ( 42 U.S.C. 1862g ). (6) Evaluations Each recipient of a grant under this section shall provide, at the conclusion of every year during which the grant funds are received, an evaluation according to the evaluation plan submitted under paragraph (3)(B)(iii). (c) Coordination In carrying out this section, the Director shall, for the purpose of enhancing program effectiveness and avoiding duplications of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. (d) Authorization of appropriations To carry out this section, there is authorized to be appropriated $25,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s3636is/xml/BILLS-117s3636is.xml |
117-s-3637 | II 117th CONGRESS 2d Session S. 3637 IN THE SENATE OF THE UNITED STATES February 10, 2022 Ms. Murkowski (for herself, Mr. Sullivan , Mr. Cassidy , and Mrs. Murray ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Commandant of the Coast Guard to establish an interim behavioral health policy for members of the Coast Guard that achieves parity with the behavioral health policy of the Department of Defense, and for other purposes.
1. Short title This Act may be cited as the Guarding Mental Health Act . 2. Coast Guard behavioral health policy (a) Sense of Congress It is the sense of Congress that— (1) members of the Coast Guard— (A) are exposed to high-risk, and often stressful, duties; and (B) should be encouraged to seek medical treatment and professional guidance; and (2) after treatment for behavioral health conditions, many members of the Coast Guard should be allowed to resume service in the Coast Guard if— (A) they are able to do so without persistent duty modifications; and (B) do not pose a risk to other members of the Coast Guard. (b) Interim behavioral health policy (1) In general Not later than 60 days after the date of the enactment of this Act, the Commandant of the Coast Guard (referred to in this section as the Commandant ) shall establish an interim behavioral health policy for members of the Coast Guard that is in parity with section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, Medical Standards for Military Service: Retention . (2) Termination The interim policy established under paragraph (1) shall remain in effect until the date on which the Commandant issues a permanent behavioral health policy for members of the Coast Guard. (c) Permanent policy In developing a permanent policy with respect to retention and behavioral health, the Commandant shall ensure that the policy of the Coast Guard is in parity with section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, Medical Standards for Military Service: Retention . | https://www.govinfo.gov/content/pkg/BILLS-117s3637is/xml/BILLS-117s3637is.xml |
117-s-3638 | II 117th CONGRESS 2d Session S. 3638 IN THE SENATE OF THE UNITED STATES February 10, 2022 Mr. Durbin (for himself, Mr. Blumenthal , Mr. Wyden , Ms. Klobuchar , Ms. Hirono , Mr. Brown , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide lawful permanent resident status for certain advanced STEM degree holders, and for other purposes.
1. Short title This Act may be cited as the Keep STEM Talent Act of 2022 . 2. Lawful permanent resident status for certain advanced STEM degree holders (a) Aliens not subject to direct numerical limitations Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) (i) Aliens who— (I) have earned a degree in a STEM field at the master’s level or higher while physically present in the United States from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) accredited by an accrediting entity recognized by the Department of Education; (II) have an offer of employment from, or are employed by, a United States employer in a field related to such degree at a rate of pay that is higher than the median wage level for the occupational classification in the area of employment, as determined by the Secretary of Labor; and (III) are admissible pursuant to an approved labor certification under section 212(a)(5)(A)(i). (ii) In this subparagraph, the term STEM field means a field of science, technology, engineering, or mathematics described in the most recent version of the Classification of Instructional Programs of the Department of Education taxonomy under the summary group of— (I) computer and information sciences and support services; (II) engineering; (III) mathematics and statistics; (IV) biological and biomedical sciences; (V) physical sciences; (VI) agriculture sciences; or (VII) natural resources and conservation sciences. . (b) Procedure for granting immigration status Section 204(a)(1)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(F) ) is amended— (1) by striking 203(b)(2) and all that follows through Attorney General ; and (2) by inserting 203(b)(2), 203(b)(3), or 201(b)(1)(F) may file a petition with the Secretary of Homeland Security . (c) Dual intent for F nonimmigrants seeking advanced STEM degrees at United States institutions of higher education Notwithstanding sections 101(a)(15)(F)(i) and 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F)(i) , 1184(b)), an alien who is a bona fide student admitted to a program in a STEM field (as defined in section 201(b)(1)(F)(ii)) for a degree at the master’s level or higher at a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) accredited by an accrediting entity recognized by the Department of Education may obtain a student visa or extend or change nonimmigrant status to pursue such degree even if such alien intends to seek lawful permanent resident status in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s3638is/xml/BILLS-117s3638is.xml |
117-s-3639 | II 117th CONGRESS 2d Session S. 3639 IN THE SENATE OF THE UNITED STATES February 10, 2022 Mr. Markey 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 Education to make grants to support early college high schools and dual or concurrent enrollment programs, and for other purposes.
1. Short title This Act may be cited as the Jumpstart on College Act . 2. Purpose The purpose of this Act is to increase the percentage of students who complete a recognized postsecondary credential within 100 percent of the normal time for the completion of such credential, including low-income students and students from other populations that are underrepresented in higher education. 3. Definitions In this Act: (1) ESEA Terms The terms dual or concurrent enrollment program , early college high school , educational service agency , four-year adjusted cohort graduation rate , local educational agency , secondary school , and State have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Eligible entity The term eligible entity means an institution of higher education in partnership with 1 or more local educational agencies (which may be educational service agencies). Such partnership may also include other entities, such as nonprofit organizations or businesses and schools in juvenile detention centers. (3) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) Low-income student The term low-income student means a student counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ). (5) Recognized postsecondary credential The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (6) Secretary The term Secretary means the Secretary of Education. 4. Authorization of appropriations; reservations (a) In general To carry out this Act, there are authorized to be appropriated $250,000,000 for fiscal year 2022 and each of the 5 succeeding fiscal years. (b) Reservations From the funds appropriated under subsection (a) for each fiscal year, the Secretary shall reserve— (1) 40 percent for grants to eligible entities under section 5; (2) 55 percent for grants to States under section 6; and (3) 5 percent for national activities under section 8. 5. Grants to eligible entities (a) In general The Secretary shall award grants to eligible entities, on a competitive basis, to assist such entities in establishing or supporting an early college high school or dual or concurrent enrollment program in accordance with this section. (b) Duration Each grant under this section shall be awarded for a period of 6 years. (c) Grant amount The Secretary shall ensure that the amount of each grant under this section is sufficient to enable each grantee to carry out the activities described in subsection (h), except that a grant under this section may not exceed $2,000,000. Not more than 15 percent of the overall grant total may be used to improve data systems for the purpose of facilitating the execution of the reporting requirement in section 7(a). (d) Matching requirement (1) In general For each year that an eligible entity receives a grant under this section, the entity shall contribute matching funds, in the amounts described in paragraph (2), for the activities supported by the grant. (2) Amounts described The amounts described in this paragraph are— (A) for each of the first and second years of the grant period, 20 percent of the grant amount for such year; (B) for each of the third and fourth years of the grant period, 30 percent of the grant amount for such year; (C) for the fifth year of the grant period, 40 percent of the grant amount for such year; and (D) for the sixth year of the grant period, 50 percent of the grant amount for such year. (3) Determination of amount contributed (A) In-kind contributions The Secretary shall allow an eligible entity to meet the requirements of this subsection through in-kind contributions. (B) Non-Federal sources Not less than half of each amount described in paragraph (2) shall be provided by the eligible entity from non-Federal sources. (e) Supplement, not supplant An eligible entity shall use a grant received under this section only to supplement funds that would, in the absence of such a grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds. (f) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that— (1) propose to establish or support an early college high school or dual or concurrent enrollment program that will serve a student population of which not less than 51 percent are low-income students; (2) include a local educational agency which serves a high school that is— (A) identified for comprehensive support and improvement under section 1111(c)(4)(D)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(4)(D)(i) ); or (B) implementing a targeted support and improvement plan as described in section 1111(d)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(d)(2) ); (3) are from States that provide assistance to early college high schools or dual or concurrent enrollment programs, such as assistance to defray the costs of higher education (including costs of tuition, fees, and textbooks); and (4) propose to establish or support an early college high school or dual or concurrent enrollment program that meets quality standards established by— (A) a nationally recognized accrediting agency or association that offers accreditation specifically for such programs; or (B) a State process specifically for the review and approval of such programs. (g) Equitable distribution The Secretary shall ensure, to the extent practicable, that eligible entities receiving grants under this section— (1) are from a representative cross-section of— (A) urban, suburban, and rural areas; and (B) regions of the United States; and (2) include both 2-year and 4-year institutions of higher education. (h) Uses of funds (1) Mandatory activities (A) In general An eligible entity shall use grant funds received under this section— (i) to support the activities described in its application under subsection (i); (ii) to create and maintain a coherent system of supports for students, teachers, principals, and faculty under the program, including— (I) college and career readiness, academic, and social support services for students; and (II) professional development for secondary school teachers, faculty, and principals, and faculty from the institution of higher education, including— (aa) joint professional development activities; and (bb) activities to assist such teachers, faculty, and principals in using effective parent and community engagement strategies and to help ensure the success of students academically at risk of not enrolling in or completing postsecondary education, first-generation college students, and each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ); (iii) to carry out liaison activities among the partners that comprise the eligible entity pursuant to an agreement or memorandum of understanding documenting commitments, resources, roles, and responsibilities of the partners consistent with the design of the program; (iv) for outreach programs to ensure that secondary school students and their families, including students academically at risk of not enrolling in or completing postsecondary education, first-generation college students, and each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ), are— (I) aware of, and recruited into, the early college high school or dual or concurrent enrollment program; and (II) assisted with the process of enrolling and succeeding in the early college high school or dual or concurrent enrollment program, which may include providing academic support; (v) to collect, share, and use data (in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g )) for program improvement and program evaluation; and (vi) to review and strengthen its program to maximize the potential that students participating in the program will eventually complete a recognized postsecondary credential, including by optimizing— (I) the curriculum of the program; (II) the use of high-quality assessments of student learning, such as performance-based, project-based, or portfolio assessments that measure higher-order thinking skills; (III) the sequence of courses offered by the program; and (IV) the alignment of academic calendars between the secondary schools and the institution of higher education participating in the program. (B) New programs In the case of an eligible entity that uses a grant under this section to establish an early college high school or dual or concurrent enrollment program, the entity shall use such funds during the first year of the grant period— (i) to design the curriculum and sequence of courses in collaboration with, at a minimum— (I) faculty from the institution of higher education; (II) teachers and faculty from the local educational agency; and (III) in the case of a career and technical education program, employers or workforce development entities to ensure that the program is aligned with labor market demand; (ii) to develop and implement an articulation agreement between the institution of higher education and the local educational agency that governs how secondary and postsecondary credits will be awarded under the program; and (iii) to carry out the activities described in subparagraph (A). (2) Allowable activities An eligible entity may use grant funds received under this section to support the activities described in its application under subsection (i), including by— (A) purchasing textbooks and equipment that support the program’s curriculum; (B) pursuant to the assurance provided by the eligible entity under subsection (i)(3)(A), paying tuition and fees for postsecondary courses taken by students under the program; (C) incorporating work-based learning opportunities (other than by paying wages of students) into the program (which may include partnering with entities that provide such opportunities), including— (i) internships; (ii) career-based capstone projects; (iii) pre-apprenticeships and registered apprenticeships provided by eligible providers of apprenticeship programs described in section 122(a)(2)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(a)(2)(B) ); and (iv) work-based learning opportunities provided under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 et seq. ); (D) providing students with transportation to and from the program; (E) paying costs for— (i) high school teachers to obtain the skills, credentials, or industry certifications necessary to teach for the institution of higher education participating in the program; or (ii) postsecondary faculty to become certified to teach high school; or (F) providing time during which secondary school teachers and faculty and faculty from an institution of higher education can collaborate, which may include— (i) professional development; (ii) the planning of team activities for such teachers and faculty; and (iii) curricular design and student assessment. (i) Application (1) In general To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents of application The application under paragraph (1) shall include, at minimum, a description of— (A) the partnership that comprises the eligible entity, including documentation of partner commitments, resources and budget, roles, and responsibilities; (B) how the partners that comprise the eligible entity will coordinate to carry out the mandatory activities described in subsection (h)(1); (C) the number of students intended to be served by the program and demographic information relating to such students; (D) how the eligible entity’s curriculum and sequence of courses form a program of study leading to a recognized postsecondary credential; (E) how postsecondary credits earned will be transferable to institutions of higher education within the State, including any applicable statewide transfer agreements and any provisions of such agreements that are specific to dual or concurrent enrollment programs; (F) how the eligible entity will conduct outreach to students; (G) how the eligible entity will determine the eligibility of students for postsecondary courses, including an explanation of the multiple factors the entity will take into account to assess the readiness of students for such courses; and (H) the sustainability plan for the early college high school or dual or concurrent enrollment program. (3) Assurances The application under paragraph (1) shall include assurances from the eligible entity that— (A) students participating in a program funded with a grant under this section will not be required to pay tuition or fees for postsecondary courses taken under the program; (B) postsecondary credits earned by students under the program will be transcribed upon completion of the required course work; and (C) instructors of postsecondary courses under the program will meet the same standards applicable to other faculty at the institution of higher education that is participating in the program. 6. Grants to States (a) In general The Secretary shall award grants to States, on a competitive basis, to assist States in supporting or establishing early college high schools or dual or concurrent enrollment programs. (b) Duration Each grant under this section shall be awarded for a period of 6 years. (c) Grant amount The Secretary shall ensure that the amount of each grant under this section is sufficient to enable each grantee to carry out the activities described in subsection (f), of which not more than 15 percent of the overall grant total may be used to improve data systems for the purpose of facilitating the execution of the reporting requirement in section 7(a). (d) Matching requirement For each year that a State receives a grant under this section, the State shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant received by the State for such year to carry out the activities supported by the grant. (e) Supplement, not supplant A State shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds. (f) Uses of funds (1) Mandatory activities A State shall use grant funds received under this section to— (A) support the activities described in its application under subsection (g); (B) plan and implement a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of recognized postsecondary credentials, with a focus on students academically at risk of not enrolling in or completing postsecondary education; (C) identify any obstacles to such a strategy under State law or policy; (D) provide technical assistance (either directly or through a knowledgeable intermediary) to early college high schools and dual or concurrent enrollment programs, which may include— (i) brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; and (ii) offering statewide training, professional development, and peer learning opportunities for school leaders, instructors, and counselors or advisors; (E) identify and implement policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as eligibility and access, funding, data and quality assurance, governance, accountability, and alignment policies; (F) update the State’s requirements for a student to receive a regular high school diploma to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in subparagraphs (A) and (D) of section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ); (G) incorporate indicators regarding student access to and completion of early college high schools and dual or concurrent enrollment programs into the school quality and student success indicators included in the State system of annual meaningful differentiation as described under section 1111(c)(4)(B)(v)(I) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(4)(B)(v)(I) ); (H) disseminate best practices for early college high schools and dual or concurrent enrollment programs, which may include best practices from programs in the State or other States; (I) facilitate statewide secondary and postsecondary data collection, research and evaluation, and reporting to policymakers and other stakeholders, disaggregated for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ); and (J) conduct outreach programs to ensure that secondary school students, their families, and community members are made aware of early college high schools and dual or concurrent enrollment programs in the State through a new or existing State online website that complies with the web accessibility requirements under Federal and State laws that protect individuals with disabilities. (2) Allowable activities A State may use grant funds received under this section to— (A) establish a mechanism to offset the costs of tuition, fees, standardized testing, performance assessments, and support services for low-income students and students from underrepresented populations enrolled in early college high schools or dual or concurrent enrollment programs; (B) establish formal transfer systems within and across State higher education systems, including 2-year and 4-year public and private institutions, to maximize the transferability of college courses; (C) provide incentives to local educational agencies that— (i) assist high school teachers in getting the credentials needed to participate in early college high school and dual or concurrent enrollment programs; (ii) encourage the use of instructors from institutions of higher education to teach postsecondary courses in high schools; and (iii) participate in an annual assessment of current availability and shortages of high school instructors who are credentialed to teach a dual or concurrent enrollment course, and shortages of these instructors in specific curricular areas; and (D) support initiatives to improve the quality of early college high school and dual or concurrent enrollment programs at participating institutions, including by assisting such institutions in aligning programs with the quality standards described in section 5(f)(4). (g) State applications (1) Application To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents of application The application under paragraph (1) shall include, at minimum, a description of— (A) how the State will carry out the mandatory State activities described in subsection (f)(1); (B) how the State will ensure that any programs funded with a grant under this section are coordinated with programs under— (i) the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ); (ii) the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); (iii) the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ); and (iv) the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (C) how the State intends to use grant funds to address achievement gaps for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ); (D) how the State will access and leverage additional resources necessary to sustain early college high schools and dual or concurrent enrollment programs; (E) how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; and (F) such other information as the Secretary determines to be appropriate. 7. Reporting and oversight (a) In general Not less frequently than once annually, each State and eligible entity that receives a grant under this Act shall submit to the Secretary a report on the progress of the State or eligible entity in carrying out the programs supported by such grant. (b) Form of report The report under subsection (a) shall be submitted to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall issue uniform guidelines describing the information that shall be reported by grantees under such subsection. (c) Contents of report (1) In general The report under subsection (a) shall include, at minimum, the following: (A) The number of students enrolled in the early college high school or dual or concurrent enrollment program. (B) The number and percentage of students enrolled in the early college high school or dual or concurrent enrollment program who earn a recognized postsecondary credential concurrently with a high school diploma. (C) The number of postsecondary credits earned by eligible students while enrolled in the early college high school or dual or concurrent enrollment program that may be applied toward a recognized postsecondary credential. (D) The number and percentage of students who earn a high school diploma. (E) The number and percentage of graduates who enroll in postsecondary education. (2) Categories of students The information described in each of subparagraphs (A) through (E) of paragraph (1) shall be disaggregated for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ). 8. National activities (a) Reporting by Secretary Not less frequently than once annually, the Secretary shall submit to Congress a report that includes— (1) an analysis of the information received from States and eligible entities under section 7; (2) an identification of best practices for carrying out programs supported by grants under this Act; and (3) the results of the evaluation under subsection (b). (b) National evaluation Not later than 6 months after the date of the enactment of this Act, the Secretary shall seek to enter into a contract with an independent entity to perform an evaluation of the grants awarded under this Act. Such evaluation shall apply rigorous procedures to obtain valid and reliable data concerning student outcomes by social and academic characteristics and monitor the progress of students from secondary school to and through postsecondary education. (c) Technical assistance The Secretary shall provide technical assistance to States and eligible entities concerning best practices and quality improvement programs in early college high schools and dual or concurrent enrollment programs and shall disseminate such best practices among eligible entities, States, and local educational agencies. (d) Administrative costs From amounts reserved to carry out this section under section 4(b)(3), the Secretary may reserve such sums as may be necessary for the direct administrative costs of carrying out the Secretary’s responsibilities under this Act. 9. Rules of construction (a) Employees Nothing in this Act shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies (including schools) or institutions of higher education under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. (b) Graduation rate A student who graduates from an early college high school supported by a grant under section 5 within 100 percent of the normal time for completion described in the eligible entity’s application under such section shall be counted in the four-year adjusted cohort graduation rate for such high school. | https://www.govinfo.gov/content/pkg/BILLS-117s3639is/xml/BILLS-117s3639is.xml |
117-s-3640 | II 117th CONGRESS 2d Session S. 3640 IN THE SENATE OF THE UNITED STATES February 10, 2022 Mr. Lankford 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 persons that aid or assist the Russian Federation in acts of military aggression toward Ukraine.
1. Short title This Act may be cited as the Belarus Aggression Accountability Act of 2022 . 2. Sense of Congress It is the sense of Congress that— (1) the buildup of Russian forces in Belarus along its southern border with Ukraine is of great concern to the United States and not consistent with regularly scheduled joint military exercises between the militaries of Belarus and the Russian Federation; (2) the United States should make no distinction between the Russian Federation and any other government that aids or assists Russian forces in any acts of military aggression that violate the sovereignty or territorial integrity of Ukraine; (3) the Government of Belarus should incur significant penalties for any actions that aid or assist the Government of the Russian Federation in acts of military aggression towards Ukraine; and (4) the penalties imposed by the United States on the Government of Belarus for such actions should be comparable to the penalties incurred by the Government of the Russian Federation for any acts of military aggression that violate the sovereignty or territorial integrity of Ukraine. 3. Reports to Congress on support for Russian aggression toward Ukraine by Belarus (a) Interim reports (1) In general Not later than 30 days after the date of the enactment of this Act, and every 30 days thereafter until the date that is 180 days after such date of enactment, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on support for Russian aggression toward Ukraine by the Government of Belarus. (2) Contents The report required by paragraph (1) shall include— (A) an assessment of the activities of the armed forces of Belarus that aid or assist the Government of the Russian Federation in any act of military aggression that violates the sovereignty or territorial integrity of Ukraine, including the extent to which the armed forces of Belarus— (i) provide material, tactical, or other support to any such act of military aggression; (ii) serve as a host to any Russian forces that participate in any such act of military aggression; (iii) operate for or on behalf of the defense or intelligence sectors of the Government of the Russian Federation in any such act of military aggression; or (iv) participate jointly with the Government of Russian Federation in any such act of military aggression; (B) an identification of persons in Belarus that engage in any activity described in paragraph (1); and (C) an identification of persons in Belarus that engage in a significant transaction with the Russian Federation described in section 231(a) of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525(a) ), including persons that procure lethal capabilities that are used in an act of military aggression that violates the sovereignty and territorial integrity of Ukraine. (b) Annual report (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to Congress a report on military cooperation between Belarus and the Russian Federation. (2) Elements The report required by paragraph (1) shall include— (A) a description of developments in military cooperation between Belarus and the Russian Federation; (B) an assessment of threats to the security of the North Atlantic Treaty Organization resulting from the developments described in subparagraph (A); and (C) a plan to adjust the force posture of the North Atlantic Treaty Organization and the United States to adequately respond to the threats described in subparagraph (B). (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees 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. 4. Imposition of sanctions (a) Sanctions with respect to persons that engage in certain activities Not later than 30 days after the date of the submission of a report required by section 3(a), the President shall impose the sanctions described in section 8(b) of the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 ( 22 U.S.C. 8907(b) ) with respect to not fewer than 5 persons identified pursuant to section 3(a)(2)(B). (b) Sanctions with respect to persons that engage in certain transactions Not later than 30 days after the date of the submission of a report required by section 3(a), the President may impose the sanctions described in section 235 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9529 ) with respect to the persons identified pursuant to section 3(a)(2)(C). | https://www.govinfo.gov/content/pkg/BILLS-117s3640is/xml/BILLS-117s3640is.xml |
117-s-3641 | II 117th CONGRESS 2d Session S. 3641 IN THE SENATE OF THE UNITED STATES February 14, 2022 Ms. Warren (for herself, Mr. Booker , Mr. Markey , Mr. Padilla , Mr. Casey , Mr. Whitehouse , Mr. Sanders , Mrs. Murray , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To extend protections to part-time workers in the areas of family and medical leave and pension plans, and to ensure equitable treatment in the workplace.
1. Short title This Act may be cited as the Part-Time Worker Bill of Rights Act . 2. Table of contents The table of contents is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Expanding access to benefits for part-time workers Sec. 101. Elimination of hours of service requirement for FMLA leave. Sec. 102. Improving coverage for long-term part-time workers. TITLE II—Ensuring fair treatment for part-time workers Sec. 201. Definitions. Sec. 202. Elimination of discrimination on the basis of hours worked. Sec. 203. Offer of work to existing employees. Sec. 204. Prohibited acts. Sec. 205. Remedies and enforcement. Sec. 206. Regulations. I Expanding access to benefits for part-time workers 101. Elimination of hours of service requirement for FMLA leave (a) Amendment Section 101(2)(A) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(2)(A) ) is amended to read as follows: (A) In general The term eligible employee means an employee who has been employed for at least 12 months by the employer with respect to whom leave is requested under section 102. . (b) Conforming amendments (1) Section 101(2) of such Act ( 29 U.S.C. 2611(2) ) is amended— (A) by striking subparagraphs (C) and (D); and (B) by redesignating subparagraph (E) as subparagraph (C). (2) Section 102(a) of such Act ( 29 U.S.C. 2612(a) ) is amended by striking paragraph (5). (c) Effective date The amendments made by subsections (a) and (b) shall take effect beginning on the date that is 1 year after the date of enactment of this Act. 102. Improving coverage for long-term part-time workers (a) In general Section 202 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1052 ) is amended by adding at the end the following new subsection: (c) Special rule for certain part-Time employees (1) In general A pension plan that includes either a qualified cash or deferred arrangement (as defined in section 401(k) of the Internal Revenue Code of 1986) or a salary reduction agreement (as described in section 403(b) of such Code) shall not require, as a condition of participation in the arrangement or agreement, that an employee complete a period of service with the employer (or employers) maintaining the plan extending beyond the close of the earlier of— (A) the period permitted under subsection (a)(1) (determined without regard to subparagraph (B)(i) thereof) and section 410(a)(1) of such Code (determined without regard to subparagraph (B)(i) thereof); or (B) the first 24-month period— (i) consisting of 2 consecutive 12-month periods during each of which the employee has at least 500 hours of service; and (ii) by the close of which the employee has attained the age of 21. (2) Exception Paragraph (1)(B) shall not apply to employees who are included in a unit of employees covered by an agreement which the Secretary finds to be a collective bargaining agreement between employee representatives and 1 or more employers, if there is evidence that retirement benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. (3) Coordination with other rules In the case of employees who are not highly compensated employees (within the meaning of section 414(q) of the Internal Revenue Code of 1986) and who are eligible to participate in the arrangement or agreement solely by reason of paragraph (1)(B): (A) Exclusions An employer may elect to exclude such employees from the determination of whether the plan that includes the arrangement or agreement satisfies the requirements of subsections (a)(4), (k)(3), (k)(12), (k)(13), (m)(2), (m)(11), and (m)(12) of section 401 of such Code, section 410(b) of such Code, and section 416 of such Code. If the employer so excludes such employees with respect to the requirements of any such provision, such employees shall be excluded with respect to the requirements of all such provisions. This subparagraph shall cease to apply to any employee as of the first plan year beginning after the plan year in which the employee completes 1 year of service (without regard to paragraph (1)(B) of this subsection). (B) Time of participation The rules of subsection (a)(4) and section 410(a)(4) of the Internal Revenue Code of 1986 shall apply to such employees. (4) 12-month period For purposes of this subsection, 12-month periods shall be determined in the same manner as under the last sentence of subsection (a)(3)(A), except that 12-month periods beginning before January 1, 2022, shall not be taken into account. . (b) Vesting Section 203(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1053(b) ) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Part-Time employees For purposes of determining whether an employee who is eligible to participate in a qualified cash or deferred arrangement or a salary reduction agreement under a plan solely by reason of section 202(c)(1)(B) has a nonforfeitable right to employer contributions— (A) except as provided in subparagraph (B), each 12-month period for which the employee has at least 500 hours of service shall be treated as a year of service; and (B) 12-month periods occurring before the 24-month period described in section 202(c)(1)(B) shall not be treated as years of service. For purposes of this paragraph, 12-month periods shall be determined in the same manner as under the last sentence of section 202(a)(3)(A), except that 12-month periods beginning before January 1, 2022, shall not be taken into account. . (c) Penalty Section 502 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 ) is amended by adding at the end the following new subsection: (n) Requirements relating to part-Time employees In the case of a plan that fails to permit participation as required by section 202(c), the Secretary may assess a civil penalty against the plan sponsor in an amount equal to $10,000 per year per employee to whom such failure relates. The Secretary may, in the Secretary’s sole discretion, waive or reduce the penalty under this subsection if the Secretary determines that the plan sponsor acted reasonably and in good faith. . II Ensuring fair treatment for part-time workers 201. Definitions In this title: (1) Employ The term employ has the meaning given the term in section 3(g) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(g) ). (2) Employee The term employee means an individual who is— (A) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not covered under any of subparagraphs (B) through (G), except that a reference in such section to an employer shall be considered to be a reference to a person in commerce described in paragraph (3)(A); (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), except that such term shall not include an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code; or (F) an employee of the Government Accountability Office. (3) Employer The term employer — (A) (i) means any person in commerce that— (I) employs more than 15 employees described in paragraph (2)(A), which shall be calculated by including all employees described in paragraph (2)(A) performing work for compensation on a full-time, part-time, or temporary basis, except that if the number of such employees who perform work for such a person for compensation fluctuates, the number may be determined for a calendar year based upon the average number of such employees who performed work for the person for compensation during the preceding calendar year; or (II) is part of an integrated enterprise, chain of businesses, group of franchises associated with a franchisor, or network of franchises that, in the aggregate, employs more than 15 employees, calculated in accordance with subclause (I); (ii) includes— (I) any person who acts, directly or indirectly, in the interest of such an employer to any of the employees (described in clause (i)) of such employer; and (II) any successor in interest of such an employer; and (iii) includes an agency described in subparagraph (A)(iii) of section 101(4) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(4) ), to which subparagraph (B) of such section shall apply; (B) is an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) is an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ); (D) is an employing office, as defined in section 411(c) of title 3, United States Code; (E) is an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; or (F) is the Comptroller General of the United States. (4) Person The term person , except as used with the term person in commerce , has the meaning given the term in section 3(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(a) ). (5) Person in commerce (A) In general The term person in commerce means any person who is engaged in commerce, in any industry or activity affecting commerce, or in the production of goods for commerce. (B) Commerce In subparagraph (A), the term commerce includes government. (6) Secretary The term Secretary means the Secretary of Labor. 202. Elimination of discrimination on the basis of hours worked (a) Rule (1) In general An employer shall not discriminate against an employee on the basis that such employee is scheduled to work fewer hours per week, or is employed for a shorter expected duration, than another employee of the employer if the jobs of such employees require substantially equal skill, effort, responsibility, and duties and such jobs are performed under similar working conditions. (2) Examples Discrimination described in paragraph (1) shall include differential treatment with respect to— (A) rate of compensation; (B) notice of, and input into, work hours; (C) eligibility to accrue, on a pro rata basis, employer-provided paid and unpaid time off and other benefits; (D) promotion opportunities; or (E) other terms, conditions, or privileges of employment. (b) Distinctions permitted This section shall not be construed to prohibit differences in rate of compensation, or other conditions, terms, or privileges of employment, of employees of an employer for reasons other than the number of hours the employees are scheduled to work per week, or the expected duration of employment of the employees, including for reasons such as— (1) the date on which the employees are hired; (2) a merit system; or (3) a system that measures earnings by quantity per hour or quality of production. 203. Offer of work to existing employees (a) Written statements required (1) In general Upon hiring an employee, an employer shall— (A) obtain a written statement of the employee’s desired number of weekly work hours and the days and times the employee is available to work; (B) notify the employee that this written statement may be modified in writing at any time during employment; and (C) specify the process to modify the written statement. (b) Offer of desired weekly work hours to existing employees (1) In general Except as provided in paragraph (2), an employer shall schedule an employee of the employer to work the number of weekly hours identified by the employee as desired weekly hours in a written statement under subsection (a) prior to hiring any new employee from an external applicant pool, including hiring through the use of a temporary services or staffing agency, or contracting with a contractor or subcontractor, to work such hours. (2) Exceptions An employer may hire an individual as a new employee, or engage a contractor or subcontractor, to perform work for the employer if— (A) the employer needs to fill hours for which no employees of the employer who have provided written statements under subsection (a) are available based on such written statements; (B) all employees of the employer who have provided written statements under subsection (a) lack, and cannot obtain with reasonable training, the qualifications necessary to perform the work; or (C) scheduling any such employee to perform the work would require providing such employee overtime compensation at a rate not less than one and one half times the regular rate at which the employee is employed, in accordance with section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) or any State law. (c) Compensation required (1) In general Except as provided in paragraph (2), an employee (referred to in this subsection as an existing employee ) who is not scheduled for the desired number of total weekly work hours identified by the employee in a written statement under subsection (a) shall be compensated for each hour worked by a newly hired employee, contractor, or subcontractor hired after the existing employee so identified such number of hours, during an hour that such existing employee identified in a written statement under such subsection as an hour for which the employee is available to work. (2) Exception An employer shall not be required to compensate an existing employee under paragraph (1) for any hour of work for which— (A) the employee lacks, or cannot obtain with reasonable training, the qualifications necessary to perform the work; (B) scheduling such employee to perform the work would require providing the employee overtime compensation as described in subsection (b)(2)(C); (C) the employer made a reasonable attempt to contact the employee to work such hour and was unable to reach the employee; or (D) the employee was otherwise no longer available. (d) Definition For purposes of this section, the terms written , with respect to a statement, and writing mean a printed or printable communication in physical or electronic form. 204. Prohibited acts (a) Interference with rights It shall be unlawful for any employer to interfere with, restrain, or deny the exercise or the attempt to exercise, any rights set forth under this title. (b) Retaliation prohibited It shall be unlawful for any employer to discharge, threaten to discharge, demote, suspend, reduce work hours of, or otherwise discriminate (including taking any other adverse employment action) against any person because of an employee of the employer exercising the rights of the employee under this title or opposing any practice made unlawful by this title. (c) Interference with proceedings or inquiries It shall be unlawful for any person to discharge or in any other manner discriminate against an individual because such individual— (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this title; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this title; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this title. 205. Remedies and enforcement (a) Investigative authority (1) In general To ensure compliance with this title, including any regulation or order issued under this title, the Secretary shall have, subject to paragraph (3), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ). (2) Obligation to keep and preserve records (A) In general Each employer shall maintain for a period of not less than 3 years, or for the duration of any claim (including the duration of a related civil action or investigation) pending pursuant to this title, whichever is longer, all records necessary to demonstrate compliance with this title, including compliance with the requirements of regulations issued by the Secretary under section 206. Such records shall include documentation of offers of hours of work to employees and responses to such offers. (B) Copies Each employer shall, upon a reasonable request of an employee of the employer, provide the employee with a copy of the records described in subparagraph (A) relating to the employee. (3) Required submissions generally limited to an annual basis The Secretary shall not require, under the authority of this subsection, any employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this title, including any regulation or order issued pursuant to this title, or is investigating a charge pursuant to subsection (c). (4) Subpoena powers For the purposes of any investigation provided for in this subsection, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (b) Civil action by employees (1) Liability (A) In general Any employer who violates section 202, 203, or 204 (each such provision referred to in this section as a covered provision ) shall be liable to any person affected for— (i) damages equal to the amount of— (I) any wages, salary, employment benefits (as defined in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 )), or other compensation denied, lost, or owed to such employee by reason of the violation; or (II) in a case in which wages, salary, employment benefits (as so defined), or other compensation have not been denied, lost, or owed to the employee, any actual monetary losses sustained by the employee as a direct result of the violation; (ii) interest on the amount described in clause (i) calculated at the prevailing rate; (iii) except as provided in subparagraph (B), an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (iv) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) Exception for liquidated damages If an employer who has violated a covered provision proves to the satisfaction of the court that the act or omission which violated the covered provision was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of a covered provision, such court may, in the discretion of the court, reduce the amount of liability under subparagraph (A) to the amount, interest, and equitable relief determined under clauses (i), (ii), and (iv), respectively. (2) Right of Action An action to recover the damages, interest, or equitable relief set forth in paragraph (1) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of— (A) such employees; or (B) such employees and any other employees similarly situated. (3) Fees and Costs The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitations The right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate on the filing of a complaint by the Secretary in an action under subsection (c)(4) in which a recovery is sought of the damages, interest, or equitable relief described in paragraph (1)(A) owing to an employee by an employer liable under paragraph (1) unless the action is dismissed without prejudice on motion of the Secretary. (c) Actions by the Secretary (1) Administrative Action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of this title in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207), and may issue an order making determinations, and assessing a civil penalty described in paragraph (3) (in accordance with paragraph (3)), with respect to such an alleged violation. (2) Administrative Review An affected person who takes exception to an order issued under paragraph (1) may request review of and a decision regarding such an order by an administrative law judge. In reviewing the order, the administrative law judge may hold an administrative hearing concerning the order, in accordance with the requirements of sections 554, 556, and 557 of title 5, United States Code. Such hearing shall be conducted expeditiously. (3) Civil penalty (A) In general An employer who willfully and repeatedly violates— (i) section 204(a) shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $100 per violation (subject to subparagraph (B)); or (ii) subsection (b) or (c) of section 204 shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $1,100 per violation (subject to subparagraph (B)). (B) Inflation The Secretary shall, for each year beginning with calendar year 2024, increase the maximum amounts for the penalties described in clauses (i) and (ii) of subparagraph (A) by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, between December 2022 and the December prior to the year for which the increase takes effect. (4) Civil action (A) In general The Secretary may bring an action in any court of competent jurisdiction on behalf of aggrieved employees to— (i) restrain violations of this title; (ii) obtain such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and (iii) in the case of a violation of a covered provision, recover the damages, interest, and equitable relief described in clauses (i) through (iv) of subsection (b)(1)(A). (B) Recovery on behalf of employees Any sums recovered by the Secretary under subparagraph (A) on behalf of an employee shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to the employee affected. Any such sums not paid to an employee because of inability to do so within a period of three years shall be deposited in the Treasury and credited to miscellaneous receipts. (d) Limitation (1) In general Except as provided in paragraph (2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (2) Willful Violation In the case of such action brought for a willful violation of section 204, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (3) Commencement In determining when an action is commenced by the Secretary or by an employee under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed. (e) Other Administrative Officers (1) Employees covered by Congressional Accountability Act of 1995 The powers and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of section 202(a)(1) of that Act ( 2 U.S.C. 1312(a)(1) ) shall be the powers and procedures this title provides to that Board, or any person, alleging a violation of this title against an employee described in section 201(2)(C). (2) Employees covered by chapter 5 of title 3, United States Code The powers and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers and procedures this title provides to the President, that Board, or any person, respectively, alleging a violation of this title against an employee described in section 201(2)(D). (3) Employees covered by chapter 63 of title 5, United States Code The powers and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers and procedures this title provides to that agency, that Board, or any person, respectively, alleging a violation of this title against an employee described in section 201(2)(E). (4) Comptroller General In the case of employees of the Government Accountability Office, the authority of the Secretary under this title shall be exercised by the Comptroller General of the United States. 206. Regulations (a) Secretary of Labor Except as provided in subsections (b) through (e), not later than 180 days after the date of enactment of this title, the Secretary shall issue such regulations as may be necessary to implement this title. (b) Board (1) In general Not later than 180 days after the date of enactment of this Act, the Board of Directors of the Office of Congressional Workplace Rights shall issue such regulations as may be necessary to implement this title with respect to employees described in section 201(2)(C). The procedures applicable to regulations of the Board issued for the implementation of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ), prescribed in section 304 of that Act ( 2 U.S.C. 1384 ), shall be the procedures applicable to regulations issued under this subsection. (2) Consideration In prescribing the regulations, the Board shall take into consideration the enforcement and remedies provisions concerning the Office and applicable to rights and protections under the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ), under the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ). (3) Modifications The regulations issued under paragraph (1) to implement this title shall be the same as substantive regulations issued by the Secretary to implement this title, except to the extent that the Board may determine, for good cause shown and stated together with the regulations issued by the Board, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this title. (c) President (1) In general Not later than 180 days after the date of enactment of this Act, the President shall issue such regulations as may be necessary to implement this title with respect to employees described in section 201(2)(D). (2) Consideration In prescribing the regulations, the President shall take into consideration the enforcement and remedies provisions concerning the President and the Merit Systems Protection Board, and applicable to rights and protections under the Family and Medical Leave Act of 1993, under chapter 5 of title 3, United States Code. (3) Modifications The regulations issued under paragraph (1) to implement this title shall be the same as substantive regulations issued by the Secretary to implement this title, except to the extent that the President may determine, for good cause shown and stated together with the regulations issued by the President, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this title. (d) Office of Personnel Management (1) In general Not later than 180 days after the date of enactment of this Act, the Office of Personnel Management shall issue such regulations as may be necessary to implement this title with respect to employees described in section 201(2)(E). (2) Consideration In prescribing the regulations, the Office shall take into consideration the enforcement and remedies provisions concerning an employing agency and the Merit Systems Protection Board under subchapter V of chapter 63 of title 5, United States Code. (3) Modifications The regulations issued under paragraph (1) to implement this title shall be the same as substantive regulations issued by the Secretary to implement this title, except to the extent that the Office may determine, for good cause shown and stated together with the regulations issued by the Office, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this title. (e) Comptroller General (1) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall issue such regulations as may be necessary to implement this title with respect to employees of the Government Accountability Office. (2) Consideration In prescribing the regulations, the Comptroller General shall take into consideration the enforcement and remedies provisions concerning the Comptroller General under title I of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 et seq. ). (3) Modifications The regulations issued under paragraph (1) to implement this title shall be the same as substantive regulations issued by the Secretary to implement this title, except to the extent that the Comptroller General may determine, for good cause shown and stated together with the regulations issued by the Comptroller General, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this title. | https://www.govinfo.gov/content/pkg/BILLS-117s3641is/xml/BILLS-117s3641is.xml |
117-s-3642 | II 117th CONGRESS 2d Session S. 3642 IN THE SENATE OF THE UNITED STATES February 14, 2022 Ms. Warren (for herself, Mr. Blumenthal , Mr. Van Hollen , Ms. Baldwin , Mr. Brown , Mr. Durbin , Mr. Reed , Mr. Booker , Mrs. Feinstein , Mr. Markey , Mr. Sanders , Mr. Whitehouse , Mr. Murphy , Ms. Klobuchar , Ms. Duckworth , Mr. Leahy , Mr. Schumer , Ms. Hirono , Mr. Merkley , Mr. Wyden , Mrs. Murray , Mr. Casey , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To permit employees to request changes to their work schedules without fear of retaliation and to ensure that employers consider these requests, and to require employers to provide more predictable and stable schedules for employees in certain occupations with evidence of unpredictable and unstable scheduling practices that negatively affect employees, and for other purposes.
1. Short title; findings (a) Short title This Act may be cited as the Schedules That Work Act . (b) Findings Congress finds the following: (1) The vast majority of the United States workforce today is juggling responsibilities at home and at work. Women are primary breadwinners or co-breadwinners in 2/3 of families with children in the United States. (2) Despite the dual responsibilities of today's workforce, many workers have little notice of their work schedules and lack the ability to make changes to the work hours in such schedules, which undermines their ability to accommodate family responsibilities. (3) (A) Mothers working in low-paid jobs are more likely to be the primary or sole breadwinner for their families than mothers working in higher-paid jobs. For example, nearly 7 in 10 mothers in the 1/5 of households in the United States with the lowest incomes bring home all or most of their families’ income, compared to less than 1/3 of their counterparts in the highest-income quintile. (B) At the same time, low-paid workers often have the least control over their work hours and face the most unpredictable schedules. In some industries, just-in-time scheduling practices, which base workers' schedules on perceived consumer demand to minimize labor costs, are particularly common. Employers using these practices often post work schedules with little notice, vary work hours widely from week to week, cancel shifts at the last minute, and schedule employees for on call shifts (requiring an employee to call in to work to find out whether the employee will have to work later that day) or clopening shifts (requiring an employee to work a closing shift at night followed by an opening shift a few hours later). For example, national survey data show that— (i) about 2/3 of hourly retail and food service workers receive their work schedules with less than 2 weeks’ advance notice and about 1/3 receive their schedule with less than 1 week’s notice; (ii) more than 1 in 5 hourly retail and food service workers have been scheduled for on-call shifts, and more than 1 in 3 have worked clopening shifts; and (iii) 65 percent of hourly retail and food service workers would like a more stable and predictable schedule. (4) Unfair work scheduling practices make it difficult for low-paid workers to— (A) provide necessary care for children and other family members, including securing and maintaining stable child care; (B) access and receive needed care for the workers’ own serious health conditions; (C) pursue workforce training; (D) get or keep a second job, which many workers need to make ends meet; (E) plan for and access transportation to reach worksites; and (F) qualify for and maintain eligibility for needed public benefits and work supports, such as child care subsidies and benefits under the supplemental nutrition assistance program, due to fluctuations in income and work hours. (5) Unstable work schedules pre-date the pandemic and economic recession caused by COVID–19, but the harm of these workplace practices is exacerbated as millions of workers risk their own health and safety at jobs with few protections, volatile schedules, and inadequate hours, in an effort to support themselves and their families. Employers have continued to use just-in-time scheduling practices throughout the pandemic, even as workers face additional caregiving challenges due to school and child care closures and quarantines. (6) A growing body of research demonstrates that unstable and unpredictable work schedules have significant detrimental impacts on sleep quality, mental health, and happiness, and are associated with unstable child care arrangements and negative health and behavioral outcomes for children. And impacts are likely to be the most severe for workers of color and their families, as workers of color are more likely than their White counterparts—even compared to White coworkers at the same company—to experience unstable work schedules. Unstable and unpredictable work schedules—and the work-family conflict they produce—are also associated with higher rates of turnover, which creates further instability for employers and workers. Some examples of the detrimental impacts of unstable and unpredictable work schedules are as follows: (A) Unstable work schedules lead to more household economic strain and time conflicts and undermine the well-being of parents, all of which can negatively impact children’s health and behavior. (B) Workers with the most severe instability in their work schedules also face the highest risk of negative behavior and health outcomes for their children. (C) The exposure of a parent to on-call shifts and last-minute shift changes are associated with more unstable child care arrangements and with the use of siblings to provide care. (D) Work schedule instability causes more work-family conflict, which increases the chance that a worker will be forced to leave his or her job, which is associated with downward mobility of the earnings of the worker. (E) (i) Relative to White workers, workers of color are more likely to— (I) have cancelled shifts; (II) have on-call shifts; (III) be involuntary part-time workers; (IV) have trouble getting time off; and (V) work clopening shifts, as described in paragraph (3)(B). (ii) The statistics described in clause (i) remain true after controlling for demographics, human capital, worker power, firm segregation, and discordance with the race or ethnicity of the worker and the manager. Race gaps in job quality are greater for women of color. (F) Workers who receive shorter advanced notice, who work on-call shifts, who experience last-minute shift cancellation and timing changes, or with more volatile work hours are more likely to experience hunger, residential hardships, and more overall economic hardship. (7) Unpredictable and unstable work schedules are common in a wide range of occupations, with evidence of particular concentration in food service, retail, cleaning, hospitality, and warehouse occupations. These occupations are critically important to the United States economy. (8) Employers that have implemented fair work scheduling policies that allow workers to have more control over their work schedules, and provide more predictable and stable schedules, have experienced significant benefits, including reductions in absenteeism and workforce turnover, and increased worker morale and engagement. For example, when Gap Inc. piloted strategies to make work schedules more stable and predictable for employees, the Gap Inc. stores that implemented these strategies experienced higher productivity and a 7 percent increase in sales, compared to those Gap Inc. stores that did not implement these strategies. (9) This Act is a first step in responding to the needs of workers for a voice in the timing of their work hours and for more predictable schedules. 2. Definitions In this Act: (1) Bona fide business reason The term bona fide business reason means— (A) the identifiable burden of additional costs to an employer, including the cost of productivity loss, retraining or hiring employees, or transferring employees from one facility to another facility; (B) a significant detrimental effect on the employer’s ability to meet organizational needs or customer demand; (C) a significant inability of the employer, despite best efforts, to reorganize work among existing (as of the date of the reorganization) staff; (D) a significant detrimental effect on business performance; (E) insufficiency of work during the periods an employee proposes to work; (F) the need to balance competing scheduling requests when it is not possible to grant all such requests without a significant detrimental effect on the employer’s ability to meet organizational needs; or (G) such other reason as may be specified by the Secretary of Labor (or, as applicable, the corresponding administrative officer specified in section 7(e)). (2) Career-related educational or training program The term career-related educational or training program means an educational or training program or program of study offered by a public, private, or nonprofit career and technical education school, institution of higher education, or other entity that provides academic education, career and technical education, or training (including remedial education or English as a second language, as appropriate), that is a program that leads to a recognized postsecondary credential (as identified under section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) )), and provides career awareness information. The term includes a program allowable under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), or the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), without regard to whether or not the program is funded under the corresponding Act. (3) Caregiver The term caregiver means an individual with the status of being a significant provider of— (A) ongoing care or education, including responsibility for securing the ongoing care or education, of a child; or (B) ongoing care, including responsibility for securing the ongoing care, of— (i) a person with a serious health condition who is in a family relationship with the individual; or (ii) a parent of the individual, who is age 65 or older. (4) Child The term child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis to that child, who is— (A) under age 18; or (B) age 18 or older and incapable of self-care because of a mental or physical disability. (5) Commerce terms The terms commerce and industry or activity affecting commerce have the meanings given the terms in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ). (6) Covered employer (A) In general The term covered employer — (i) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees (described in paragraph (9)(A)); (ii) includes any person who acts, directly or indirectly, in the interest of such an employer to any of the employees (described in paragraph (9)(A)) of such employer; (iii) includes any successor in interest of such an employer; and (iv) includes an agency described in subparagraph (A)(iii) of section 101(4) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(4) ), to which subparagraph (B) of such section shall apply. (B) Rule For purposes of determining the number of employees who work for a person described in subparagraph (A)(i), all employees (described in paragraph (9)(A)) performing work for compensation on a full-time, part-time, or temporary basis shall be counted, except that if the number of such employees who perform work for such a person for compensation fluctuates, the number may be determined for a calendar year based upon the average number of such employees who performed work for the person for compensation during the preceding calendar year. (C) Person In this paragraph, the term person has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (7) Domestic partner The term domestic partner means the individual recognized as being in a relationship with an employee under any domestic partnership, civil union, or similar law of the State or political subdivision of a State in which the employee resides. (8) Employ The term employ has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (9) Employee The term employee means an individual who is— (A) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not described in any of subparagraphs (B) through (G); (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), other than an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code; (F) an employee of the Library of Congress; or (G) an employee of the Government Accountability Office. (10) Employer The term employer means a person— (A) who is— (i) a covered employer, as defined in paragraph (6), who is not described in any of clauses (ii) through (vii); (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (iii) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (iv) an employing office, as defined in section 411(c) of title 3, United States Code; (v) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; (vi) the Librarian of Congress; or (vii) the Comptroller General of the United States; and (B) who is engaged in commerce (including government), in the production of goods for commerce, or in an enterprise engaged in commerce (including government) or in the production of goods for commerce. (11) Family relationship The term family relationship means a relationship with— (A) a child, spouse, domestic partner, parent, grandchild, grandparent, sibling, or parent of a spouse or domestic partner; or (B) any individual related to the employee involved by blood or affinity, whose close association with the employee is the equivalent of a family relationship described in subparagraph (A). (12) Grandchild The term grandchild means the child of a child. (13) Grandparent The term grandparent means the parent of a parent. (14) Hospitality establishment The term hospitality establishment means a hotel, motel, inn, or similar transient lodging establishment. (15) Minimum number of expected work hours The term minimum number of expected work hours means the minimum number of hours an employee will be assigned to work on a weekly or monthly basis. (16) Nonexempt employee The term nonexempt employee means an employee who is not employed in a bona fide executive, administrative, or professional capacity, as defined for purposes of section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(1) ). (17) On-call shift The term on-call shift means any time during which an employer requires an employee to— (A) be available to work; and (B) contact the employer or the designee of the employer, or wait to be contacted by the employer or designee, to determine whether the employee is required to report to work at that time. (18) Parent The term parent means a biological or adoptive parent, a stepparent, or a person who stood in a parental relationship to an employee when the employee was a child. (19) Parental relationship The term parental relationship means a relationship in which a person assumed the obligations incident to parenthood for a child and discharged those obligations before the child reached adulthood. (20) Retail, food service, cleaning, hospitality, or warehouse employee The term retail, food service, cleaning, hospitality, or warehouse employee means a nonexempt employee who is employed in a hospitality establishment, in a warehouse establishment, or in any of the following occupations, as described by the Bureau of Labor Statistics Standard Occupational Classification System (as in effect on the day before the date of enactment of this Act): (A) Retail sales occupations consisting of occupations described in 41–1010 and 41–2000, and all subdivisions thereof, of such System, which includes first-line supervisors of sales workers, cashiers, gambling change persons and booth cashiers, counter and rental clerks, parts salespersons, and retail salespersons. (B) Food preparation and serving related occupations as described in 35–0000, and all subdivisions thereof, of such System, which includes supervisors of food preparation and serving workers, cooks and food preparation workers, food and beverage serving workers, and other food preparation and serving related workers. (C) Cleaning occupations as described in 37–2011, 37–2012, and 37–2019 of such System, which includes janitors and cleaners, maids and housekeeping cleaners, and building cleaning workers. (21) Secretary The term Secretary means the Secretary of Labor. (22) Secretary's designated employee The term Secretary's designated employee means an employee employed in an occupation, other than a retail, food service, cleaning, hospitality, or warehouse occupation, that is designated by the Secretary under section 9(a)(2) as appropriate for coverage under section 4. (23) Serious health condition The term serious health condition has the meaning given the term in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ). (24) Sibling The term sibling means a brother or sister, whether related by half blood, whole blood, or adoption, or as a stepsibling. (25) Split shift The term split shift means a schedule of daily hours in which the hours worked are not consecutive, except that— (A) a schedule in which the total time out for meals does not exceed one hour shall not be treated as a split shift; and (B) a schedule in which the break in the employee's work shift is requested by the employee shall not be treated as a split shift. (26) Spouse (A) In general The term spouse means a person with whom an individual entered into— (i) a marriage as defined or recognized under State law in the State in which the marriage was entered into; or (ii) in the case of a marriage entered into outside of any State, a marriage that is recognized in the place where entered into and could have been entered into in at least 1 State. (B) Same-sex or common law marriage Such term includes an individual in a same-sex or common law marriage that meets the requirements of subparagraph (A). (27) State The term State has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (28) Warehouse establishment The term warehouse establishment means any business that engages primarily in the storage of goods, wares, or commodities for hire or compensation, and, in connection with such storage, may include the loading, packing, sorting, stacking, wrapping, distribution, or delivery of those goods, wares, or commodities. (29) Work schedule The term work schedule means all of an employee’s work shifts and on-call shifts, including specific start and end times for each shift, during a consecutive 7-day period. (30) Work schedule change The term work schedule change means any modification to an employee’s work schedule, such as an addition or reduction of hours, cancellation of a shift, or a change in the date or time of a work shift, by an employer. (31) Work shift The term work shift means the specific hours of the workday during which an employee works. 3. Right to request and receive a flexible, predictable, or stable work schedule (a) Right To request An employee may apply to the employee's employer to request a change in the terms and conditions of employment as they relate to— (1) the number of hours the employee is required to work or be on call for work; (2) the times when the employee is required to work or be on call for work; (3) the location where the employee is required to work; (4) the amount of notification the employee receives of work schedule assignments; and (5) minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis. (b) Employer obligation To engage in an interactive process (1) In general If an employee applies to the employee's employer to request a change in the terms and conditions of employment as set forth in subsection (a), the employer shall engage in a timely, good-faith interactive process with the employee that includes a discussion of potential schedule changes that would meet the employee’s needs. (2) Result Such process shall result in— (A) subject to subsections (c) and (d), either granting or denying the request; and (B) in the event of a denial— (i) considering alternatives to the proposed change that might meet the employee’s needs and granting or denying a request for an alternative change in the terms and conditions of employment as set forth in subsection (a); and (ii) stating the reason for denial, including whether any such reason is a bona fide business reason. (3) Information If information provided by the employee making a request under this section requires clarification, the employer shall explain what further information is needed and give the employee reasonable time to produce the information. (c) Requests related to caregiving, enrollment in education or training, or a second job If an employee makes a request for a change in the terms and conditions of employment as set forth in subsection (a) because of a serious health condition of the employee, due to the employee’s responsibilities as a caregiver, or due to the employee's enrollment in a career-related educational or training program, or if an employee makes a request for such a change for a reason related to a second job, the employer shall grant the request, unless the employer has a bona fide business reason for denying the request. (d) Other requests If an employee makes a request for a change in the terms and conditions of employment as set forth in subsection (a), for a reason other than those reasons set forth in subsection (c), the employer may deny the request for any reason that is not unlawful. If the employer denies such a request, the employer shall provide the employee with the reason for the denial, including whether any such reason is a bona fide business reason. 4. Requirements for advance notice of work schedules, predictability pay, and split shift pay for retail, food service, cleaning, hospitality, warehouse, or Secretary's designated employees (a) Advance notice requirement (1) Providing notice of work schedules (A) In general An employer shall provide a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, with the work schedule of the employee— (i) not less than 14 days before the first day of such work schedule; or (ii) in the case of a new retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, on or before the first day of work of such employee. (B) Compensation for failure to provide notice of work schedule An employer that violates subparagraph (A) shall compensate each affected employee in the amount of $75 per day that a work schedule is not provided in violation of such subparagraph. (C) Work schedule change An employer may make a work schedule change for the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, provided in accordance with subparagraph (A) if— (i) such work schedule change is made not less than 14 days prior to the first day on which the change is to take effect; or (ii) the employer provides predictability pay for such change in accordance with subsection (b). (D) Minimum expected work hours (i) In general An employer shall inform a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, of an estimate of the minimum number of expected work hours the employee will be assigned to work per month for the following 12-month period— (I) in the case of a new retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, on or before the first day of work of such employee; or (II) in the case of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, who is employed by the employer on the date of enactment of this Act, not later than 90 days after such date. (ii) Updating minimum expected work hours An employer shall, not less than once each year, provide each employee an updated estimate of the minimum number of expected work hours the employee will be assigned to work per month for the following 12-month period. Such a revised estimate shall be provided not later than the earlier of (as applicable)— (I) 1 year after the date on which the estimate was provided under clause (i) or the most recent update of an estimate was provided under this clause; or (II) the day before the effective date of a significant change to the minimum expected work hours of the employee due to changes in the availability of the employee or to the business needs of the employer. (2) Notifications in writing The notifications required under subparagraphs (A) and (D) of paragraph (1) shall be made to the employee involved in writing. (3) Schedule posting requirement (A) In general Every employer employing any retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, shall post a copy of the work schedule of each such employee and keep it posted in a conspicuous place in every establishment where such employee is employed so as to permit the employee involved to readily observe the copy. Availability of that schedule by electronic means accessible to all retail, food service, cleaning, hospitality, or warehouse employees, or Secretary's designated employees, of that employer shall be considered compliance with this subparagraph. (B) Right to decline A retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, may decline, without penalty, to work any hours not included in the work schedule posted under subparagraph (A) as work hours for the employee. (C) Consent Except as described in subsection (b)(2), if a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, voluntarily consents to work any hours not posted under subparagraph (A), such consent must be recorded in writing. (4) Rule of construction Nothing in this subsection shall be construed to prohibit an employer from— (A) providing greater advance notice of the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, than is required under this subsection; or (B) using any means, in addition to the written means required under paragraph (2), of notifying a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, of the work schedule of the employee. (b) Predictability pay for work schedule changes made with less than 14 days' notice (1) In general Except as provided in paragraph (2), for each work schedule change provided to a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, that occurs less than 14 days prior to the first day on which the change is to take effect, the employer of the affected employee shall be required to provide the affected employee with pay (referred to in this subsection as predictability pay ) at the following rates: (A) The employee’s regular rate of pay per hour that the employee works plus one additional hour at such regular rate per work schedule change if the employer— (i) adds any hours to the hours the employee is scheduled to work under subsection (a); or (ii) changes the date, time, or location of the work shift the employee is scheduled to work under subsection (a) with no loss of hours. (B) Not less than 1/2 times the employee’s regular rate of pay per hour for any hour that the employee is scheduled to work under subsection (a) and does not work due to the employer reducing or canceling such scheduled hours of work. (2) Exceptions to predictability pay An employer shall not be required to pay predictability pay under paragraph (1), or to obtain written consent pursuant to subsection (a)(3)(C), under any of the following circumstances: (A) A retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, requests a shift change in writing, including through the use of sick leave, vacation leave, or any other leave policy offered by the employer. (B) A schedule change is the result of a mutually agreed upon shift trade or coverage arrangement between retail, food service, cleaning, hospitality, or warehouse employees, or Secretary’s designated employees, subject to any policy of the employer regarding required conditions for employees to exchange shifts. (C) The employer’s operations cannot begin or continue due to— (i) a threat to the property of an employee or the employer; (ii) the failure of a public utility or the shutdown of public transportation; (iii) a fire, flood, or other natural disaster; (iv) a state of emergency declared by the President of the United States or by the Governor of the State, or the mayor of the city, in which the operations are located; or (v) a severe weather condition that poses a threat to employee safety. (c) Split shift pay requirement An employer shall pay a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary’s designated employee, for 1 additional hour at the employee’s regular rate of pay for each day during which the employee works a split shift. (d) Pay stub transparency Any pay provided to an employee pursuant to subsection (a), (b), or (c) (referred to in this subsection as additional pay ) shall be included in the employee's regular paycheck. The employer shall identify, in the corresponding written wage statement or pay stub, the total number of hours of additional pay provided for the pay period involved and whether the additional pay was due to the requirements of subsection (a), the requirements of subsection (b), or the requirements of subsection (c). 5. Right to rest between work shifts (a) In general An employee employed by a covered employer may decline, without penalty, to work any work shift or on-call shift that is scheduled or otherwise occurs— (1) less than 11 hours after the end of the work shift or on-call shift for the previous day; or (2) during the 11 hours following the end of a work shift or on-call shift that spanned 2 days. (b) Consent (1) In general A covered employer shall obtain written consent from an employee in order for the employee to work any shift described in subsection (a). Such consent may be for each such shift or for multiple shifts. (2) Revocation An employee may revoke the consent provided under paragraph (1), in writing, at any time during the employment. (c) Compensation For each instance that an employee employed by a covered employer works a shift described in subsection (a), the covered employer shall compensate the employee at 1.5 times the employee’s scheduled rate of pay for the hours worked that are less than 11 hours apart from the hours worked during the previous shift. 6. Prohibited acts (a) Interference with rights It shall be unlawful for any employer to interfere with, restrain, or deny the exercise or the attempt to exercise, any right of— (1) an employee as set forth in section 3; (2) a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, as set forth in section 4; or (3) an employee of a covered employer as set forth in section 5. (b) Retaliation prohibited It shall be unlawful for any employer to discharge, threaten to discharge, demote, suspend, reduce work hours of, or take any other adverse employment action against any employee in retaliation for exercising the rights of an employee under this Act or opposing any practice made unlawful by this Act. For purposes of section 3, such retaliation shall include taking an adverse employment action against any employee on the basis of that employee’s request for a change in work schedule, or because of an employee's eligibility or perceived eligibility to request or receive a change in the terms and conditions of employment, as described in such section, on the basis of a reason set forth in section 3(c). (c) Interference with proceedings or inquiries It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual— (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. 7. Remedies and enforcement (a) Investigative authority (1) In general To ensure compliance with this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to paragraph (3), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ). (2) Obligation to keep and preserve records Each employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with regulations issued by the Secretary under section 9. (3) Required submissions generally limited to an annual basis The Secretary shall not require, under the authority of this subsection, any employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to subsection (c). (4) Subpoena powers For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (b) Civil action by employees (1) Liability (A) In general Any employer who violates section 6(a)(2) (with respect to a right set forth in subsection (a), (b), or (c) of section 4), section 5, or subsection (b) or (c) of section 6 (each such provision referred to in this section as a covered provision ) shall be liable to any employee affected for— (i) damages equal to the amount of— (I) any wages, salary, employment benefits (as defined in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 )), or other compensation denied, lost, or owed to such employee by reason of the violation; or (II) in a case in which wages, salary, employment benefits (as so defined), or other compensation have not been denied, lost, or owed to the employee, any actual monetary losses sustained by the employee as a direct result of the violation; (ii) interest on the amount described in clause (i) calculated at the prevailing rate; (iii) except as described in subparagraph (B), an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (iv) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) Exception for liquidated damages If an employer who has violated a covered provision proves to the satisfaction of the court that the act or omission which violated the covered provision was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of a covered provision, such court may, in the discretion of the court, waive such liquidated damages. (2) Right of action An action to recover the damages, interest, or equitable relief set forth in paragraph (1) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of— (A) the employees; or (B) the employees and any other employees similarly situated. (3) Fees and costs The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitations The right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate on the filing of a complaint by the Secretary in an action under subsection (c)(4) in which a recovery is sought of the damages, interest, or equitable relief described in paragraph (1)(A) owing to an employee by an employer liable under paragraph (1) unless the action described is dismissed without prejudice on motion of the Secretary. (c) Actions by the secretary (1) Administrative action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of this Act in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207), and may issue an order making determinations, and assessing a civil penalty described in paragraph (3) (in accordance with paragraph (3)), with respect to such an alleged violation. (2) Administrative review An affected person who takes exception to an order issued under paragraph (1) may request review of and a decision regarding such an order by an administrative law judge. In reviewing the order, the administrative law judge may hold an administrative hearing concerning the order, in accordance with the requirements of sections 554, 556, and 557 of title 5, United States Code. Such hearing shall be conducted expeditiously. If no affected person requests such review within 60 days after the order is issued under paragraph (1), the order shall be considered to be a final order that is not subject to judicial review. (3) Civil penalty An employer who willfully and repeatedly violates— (A) section 4 or 5 shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $100 per violation; and (B) subsection (b) or (c) of section 6 shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $1,100 per violation. (4) Civil action The Secretary may bring an action in any court of competent jurisdiction on behalf of aggrieved employees to— (A) restrain violations of this Act; (B) award such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and (C) in the case of a violation of a covered provision, recover the damages and interest described in clauses (i) through (iii) of subsection (b)(1)(A). (d) Limitation (1) In general Except as provided in paragraph (2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (2) Willful violation In the case of such action brought for a willful violation of section 6, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (3) Commencement In determining when an action is commenced by the Secretary or by an employee under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed. (e) Other administrative officers (1) Board In the case of employees described in section 2(9)(C), the authority of the Secretary under this Act shall be exercised by the Board of Directors of the Office of Congressional Workplace Rights. (2) President; merit systems protection board In the case of employees described in section 2(9)(D), the authority of the Secretary under this Act shall be exercised by the President and the Merit Systems Protection Board. (3) Office of personnel management In the case of employees described in section 2(9)(E), the authority of the Secretary under this Act shall be exercised by the Office of Personnel Management. (4) Librarian of Congress In the case of employees of the Library of Congress, the authority of the Secretary under this Act shall be exercised by the Librarian of Congress. (5) Comptroller General In the case of employees of the Government Accountability Office, the authority of the Secretary under this Act shall be exercised by the Comptroller General of the United States. 8. Notice and posting (a) In general Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary (or, as applicable, the corresponding administrative officer specified in section 7(e)) setting forth excerpts from, or summaries of, the pertinent provisions of this Act and information pertaining to the filing of a complaint under this Act. (b) Penalty Any employer that willfully violates this section may be assessed a civil money penalty not to exceed $100 for each separate offense. 9. Regulations (a) Secretary of Labor (1) In general Except as provided in subsections (b) through (f), not later than 180 days after the date of enactment of this Act, the Secretary shall issue such regulations as may be necessary to implement this Act. (2) Regulations regarding additional occupations to be covered (A) In general In carrying out paragraph (1), the Secretary shall issue regulations that specify a process the Secretary will follow, in accordance with subparagraph (B), to identify and designate occupations in addition to retail, food service, cleaning, hospitality, or warehouse occupations that are appropriate for coverage under section 4. Nonexempt employees in occupations designated under this subparagraph shall be Secretary's designated employees. (B) Criteria The regulations under subparagraph (A) shall provide that the Secretary shall so designate an additional occupation— (i) in which not less than 10 percent of workers employed in the occupation generally— (I) receive advance notice of their work schedules less than 14 days before the first day of the work schedules; or (II) experience fluctuations in the number of hours the employees are scheduled to work on a daily, weekly, or monthly basis; or (ii) for which the Secretary determines such designation is appropriate. (C) Data review In issuing regulations under subparagraph (A), the Secretary shall specify the process by which the Department of Labor will review data from stakeholders, and data collected or generated by the Department, in designating occupations. (b) Board (1) In general Not later than 180 days after the date of enactment of this Act, the Board of Directors of the Office of Congressional Workplace Rights shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(9)(C). The procedures applicable to regulations of the Board issued for the implementation of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ), prescribed in section 304 of that Act ( 2 U.S.C. 1384 ), shall be the procedures applicable to regulations issued under this subsection. (2) Consideration In prescribing the regulations, the Board shall take into consideration the enforcement and remedies provisions concerning the Office, and applicable to rights and protections under the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ), under the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ). (3) Modifications The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Board may determine, for good cause shown and stated together with the regulations issued by the Board, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act with respect to the employees described in section 2(9)(C). (c) President (1) In general Not later than 180 days after the date of enactment of this Act, the President shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(9)(D). (2) Consideration In prescribing the regulations, the President shall take into consideration the enforcement and remedies provisions concerning the President and the Merit Systems Protection Board, and applicable to rights and protections under the Family and Medical Leave Act of 1993, under chapter 5 of title 3, United States Code. (3) Modifications The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the President may determine, for good cause shown and stated together with the regulations issued by the President, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act with respect to the employees described in section 2(9)(D). (d) Office of Personnel Management (1) In general Not later than 180 days after the date of enactment of this Act, the Office of Personnel Management shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(9)(E). (2) Consideration In prescribing the regulations, the Office shall take into consideration the enforcement and remedies provisions concerning the Office under subchapter V of chapter 63 of title 5, United States Code. (3) Modifications The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Office may determine, for good cause shown and stated together with the regulations issued by the Office, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act with respect to the employees described in section 2(9)(E). (e) Librarian of Congress (1) In general Not later than 180 days after the date of enactment of this Act, the Librarian of Congress shall issue such regulations as may be necessary to implement this Act with respect to employees of the Library of Congress. (2) Consideration In prescribing the regulations, the Librarian shall take into consideration the enforcement and remedies provisions concerning the Librarian of Congress under title I of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 et seq. ). (3) Modifications The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Librarian may determine, for good cause shown and stated together with the regulations issued by the Librarian, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act with respect to employees of the Library of Congress. (f) Comptroller General (1) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General shall issue such regulations as may be necessary to implement this Act with respect to employees of the Government Accountability Office. (2) Consideration In prescribing the regulations, the Comptroller General shall take into consideration the enforcement and remedies provisions concerning the Comptroller General under title I of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 et seq. ). (3) Modifications The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Comptroller General may determine, for good cause shown and stated together with the regulations issued by the Comptroller General, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act with respect to employees of the Government Accountability Office. 10. Research, education, and technical assistance program and surveys (a) In general The Secretary shall provide information and technical assistance to employers, labor organizations, and the general public concerning compliance with this Act. (b) Program In order to achieve the objectives of this Act— (1) the Secretary, acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall issue guidance on compliance with this Act regarding providing a flexible, predictable, or stable work environment through changes in the terms and conditions of employment as provided in section 3(a); and (2) the Secretary shall carry on a continuing program of research, education, and technical assistance, including— (A) (i) conducting pilot programs that implement fairer work schedules, including by promoting cross training, providing 3 weeks or more advance notice of schedules, providing employees with a minimum number of hours of work, and using electronic workforce management systems to provide more flexible, predictable, and stable schedules for employees; and (ii) evaluating the results of such pilot programs for employees, employee's families, and employers; (B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various communication media, and the general public the findings of studies regarding fair work scheduling policies and other materials for promoting compliance with this Act; (C) sponsoring and assisting State and community informational and educational programs; and (D) providing technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this Act. (c) Current population survey The Secretary, acting through the Commissioner of the Bureau of Labor Statistics, and the Director of the Bureau of the Census shall— (1) include in the Current Population Survey questions on— (A) the magnitude of fluctuation in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis; (B) the extent of advance notice an employee receives of the employee's work schedule; (C) the extent to which an employee has input in the employee's work schedule; and (D) the number of hours that an employee would prefer to work, relative to the number of hours the employee is currently working; and (2) at regular intervals, update and conduct the Contingent Worker Supplement, the Work Schedules and Work at Home Supplement, and other relevant supplements (as determined by the Secretary), to the Current Population Survey and the American Time Use Survey. 11. Rights retained by employees This Act provides minimum requirements and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, requirement, policy, or standard that provides for greater rights for employees than are required in this Act. 12. Exemption This Act shall not apply to any employee covered by a valid collective bargaining agreement if— (1) the terms of the collective bargaining agreement include terms that govern work scheduling practices; and (2) the provisions of this Act are expressly waived in such collective bargaining agreement. 13. Effect on other law (a) In general Nothing in this Act shall be construed as superseding, or creating or imposing any requirement in conflict with, any Federal, State, or local regulation or other law (including the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ), the National Labor Relations Act ( 29 U.S.C. 151 et seq. ), the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), and title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. )). (b) Relationship to collective bargaining rights Nothing in this Act (including section 12) shall be construed to diminish or impair the rights of an employee under any valid collective bargaining agreement. | https://www.govinfo.gov/content/pkg/BILLS-117s3642is/xml/BILLS-117s3642is.xml |
117-s-3643 | II 117th CONGRESS 2d Session S. 3643 IN THE SENATE OF THE UNITED STATES February 14, 2022 Mrs. Gillibrand (for herself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To direct the Attorney General to study issues relating to human trafficking, and for other purposes.
1. Short title This Act may be cited as the Put Trafficking Victims First Act of 2022 . 2. Training for prosecutions of traffickers and support for state services for victims of trafficking It is the sense of Congress that a portion of the funds available for training and technical assistance under section 107(b)(2)(B)(ii) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(b)(2)(B)(ii) ) should be devoted to advancing the following goals: (1) Increasing the personal safety of organizations working in the human trafficking field, who may face intimidation or retaliation for their activities. (2) Promoting a trauma-informed, evidence-based, culturally competent, and victim-centered approach to the provision of services for victims of trafficking. (3) Ensuring that law enforcement officers and prosecutors make every attempt to determine whether an individual is a victim of human trafficking before arresting the individual for, or charging the individual with, an offense that is related to the trafficking victimization of the individual. (4) Effectively prosecuting traffickers and individuals who patronize or solicit children for sex, and facilitating access for child victims of commercial sex trafficking to the services and protections afforded to other victims of sexual violence. (5) Encouraging States to improve efforts to identify and meet the needs of human trafficking victims and individuals at risk for trafficking victimization, through methods that are responsive to the needs of victims in their communities. 3. Working to develop methodologies to assess prevalence of human trafficking (a) Working group (1) In general Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with other Federal entities engaged in efforts to combat human trafficking, shall establish an expert working group, which shall include survivors of human trafficking, experts on sex and labor trafficking, representatives from organizations collecting data on human trafficking, and law enforcement officers. The working group shall, utilizing, to the extent practicable, existing efforts of agencies, task forces, States, localities, tribes, research institutions, and organizations— (A) identify barriers to the collection of data on the incidence of sex and labor trafficking; and (B) recommend practices to promote better data collection and analysis. (2) Pilot testing Not later than 3 years after the date of enactment of this Act, the Attorney General shall implement a pilot project to test promising methodologies studied under paragraph (1). (b) Report (1) In general Not later than 3 years after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Director of the Center for Countering Human Trafficking of the Department of Homeland Security, shall submit to Congress a report on— (A) Federal efforts to estimate the prevalence of human trafficking at the national and regional levels; (B) the effectiveness of current policies and procedures to address the needs of victims of trafficking; and (C) an analysis of demographic characteristics of victims of trafficking in different regions of the United States and recommendations for how to address the unique vulnerabilities of different victims. (2) Input from relevant parties In developing the report under paragraph (1), the Attorney General shall seek input from the United States Advisory Council on Human Trafficking, victims of sex and labor trafficking, human trafficking survivor advocates, service providers for victims of sex and labor trafficking, and the President’s Interagency Task Force on Human Trafficking. (c) Survey Not later than 2 years after the date of enactment of this Act, the Attorney General, in coordination with Federal, State, local, and Tribal governments, and private organizations, including victim service providers and expert researchers, shall develop and execute a survey of survivors seeking and receiving victim assistance services for the purpose of improving the provision of services to human trafficking victims and victim identification in the United States. Survey results shall be made publicly available on the website of the Department of Justice. (d) No additional funds No additional funds are authorized to carry out this section. 4. Report on prosecutors seeking restitution in trafficking cases Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall submit to Congress a report on efforts to increase restitution to victims of human trafficking. 5. Sense of Congress encouraging States to adopt protections for victims of trafficking Congress recognizes and applauds the State legislative bodies that have taken tremendous steps to adopt protections and services for victims of trafficking. Congress encourages States to— (1) uphold the dignity of human trafficking survivors; (2) ensure the safety, confidentiality, and well-being of victims of trafficking, while recognizing symptoms of trauma and coping mechanisms that may impact victims’ interactions with law enforcement, the justice system, and service providers; (3) implement screening mechanisms to identify and extend appropriate services to children in the custody of child protective services agencies, the juvenile justice system, or the criminal justice system who are or may be victims of trafficking; (4) promote greater access to child welfare services and other appropriate victim services for, rather than criminalization of, child victims of sex trafficking; (5) develop a 24-hour emergency response plan by which victims of human trafficking may receive immediate protection, shelter, and support from a victim assistance coordinator when those victims are first identified; (6) adopt protections for adult victims of trafficking, such as protection if the victim’s safety is at risk, comprehensive trauma-informed, long-term, culturally competent care and healing services, mental health services to relieve traumatic stress, housing, education (including, where appropriate, vocational training and employment assistance), mentoring, language assistance, drug and substance abuse services, and legal services; and (7) ensure that child trafficking victims are treated as children in need of child protective services and receive appropriate care from child welfare and other appropriate victim services, rather than juvenile justice, system. | https://www.govinfo.gov/content/pkg/BILLS-117s3643is/xml/BILLS-117s3643is.xml |
117-s-3644 | II 117th CONGRESS 2d Session S. 3644 IN THE SENATE OF THE UNITED STATES February 14, 2022 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the collection of certain data relating to Bureau of Land Management land acquisitions, and for other purposes.
1. Bureau of Land Management land acquisition data The Secretary of the Interior (acting through the Director of the Bureau of Land Management) shall— (1) collect centralized data on land acquired for administration by the Bureau of Land Management using amounts from the Land and Water Conservation Fund established under section 200302 of title 54, United States Code, including data on— (A) the method used for the acquisition; and (B) the type of interest acquired; (2) not later than 1 year after the date of enactment of this Act, and annually thereafter, submit to Congress a report describing the information collected under paragraph (1); and (3) develop guidance to ensure that land acquisition data collected under paragraph (1) is entered correctly and properly coded in the data system of the Bureau of Land Management. | https://www.govinfo.gov/content/pkg/BILLS-117s3644is/xml/BILLS-117s3644is.xml |
117-s-3645 | II 117th CONGRESS 2d Session S. 3645 IN THE SENATE OF THE UNITED STATES February 14, 2022 Mr. Manchin (for himself and Mr. Rubio ) 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 for local substance use disorder services for the purchase of sterile needles or syringes for the injection of illegal drugs, or to procure, supply, or distribute pipes, cylindrical objects, or other paraphernalia that can be used to smoke, inhale, or ingest narcotics.
1. Short title This Act may be cited as the Preventing Illicit Paraphernalia for Exchange Systems Act or the PIPES Act . 2. Prohibition on certain uses of funds Section 2706 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) is amended by adding at the end the following: (c) Prohibited uses of funds (1) In general Notwithstanding any other provision of this section, no funds appropriated in this section shall be used— (A) subject to paragraph (2), to purchase sterile needles or syringes for the hypodermic injection of any illegal drug; or (B) to procure, supply, or distribute pipes, cylindrical objects, or other paraphernalia that can be used to smoke, inhale, or ingest narcotics. (2) Exception The limitation under paragraph (1)(A) does not apply to the use of funds for elements of a program other than making purchases described in such paragraph if the relevant State, local, territorial, or Tribal health department, in consultation with the Centers for Disease Control and Prevention, determines that the State, local, territorial, or Tribal jurisdiction, as applicable, is experiencing, or is at risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program is operating in accordance with applicable law. . | https://www.govinfo.gov/content/pkg/BILLS-117s3645is/xml/BILLS-117s3645is.xml |
117-s-3646 | II 117th CONGRESS 2d Session S. 3646 IN THE SENATE OF THE UNITED STATES February 14, 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 authorize an additional period of beach nourishment for a certain Corps of Engineers project, and for other purposes.
1. Short title This Act may be cited as the Tybee Island Storm Risk Management Act . 2. Findings Congress finds that— (1) Tybee Island, Georgia, has been one of the most prominent tourist destinations in the State of Georgia since the 1870s; (2) Tybee Island is the most densely developed barrier island in the State of Georgia and has experienced 10 inches of sea-level rise since 1935; (3) according to a 2016 report funded by the National Oceanic and Atmospheric Administration, Tybee Island, Georgia, is a national leader in climate adaptation planning and coastal resilience ; and (4) the beach nourishment project referred to in section 3 is critical to protecting Tybee Island, Georgia, from sea level rise, storm surge, coastal flooding, and related climate change impacts. 3. Tybee Island, Georgia Notwithstanding the time limitation under section 156(a) of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f(a)), the Secretary of the Army may continue periodic beach nourishment for the project for coastal storm risk management, Tybee Island, Georgia, authorized by section 201 of the Flood Control Act of 1965 ( 42 U.S.C. 1962d–5 ), for an additional period of 50 years, beginning on the day after the last day of the final period of periodic nourishment for the project authorized before the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3646is/xml/BILLS-117s3646is.xml |
117-s-3647 | II 117th CONGRESS 2d Session S. 3647 IN THE SENATE OF THE UNITED STATES February 14, 2022 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To direct the Secretary of the Navy to close the Red Hill Bulk Fuel Storage Facility in Hawaii, and for other purposes.
1. Short title This Act may be cited as the Red Hill Watershed and Aquifer Initiative Act or the Red Hill WAI Act . 2. Findings Congress makes the following findings: (1) The Red Hill Bulk Fuel Storage Facility (in this section referred to as the Red Hill facility ) was constructed in September 1943. (2) The Red Hill facility was constructed underground in hollowed-out volcanic rock to allow for maximum protection of the fuel supply. (3) The 20 steel tanks of the Red Hill facility are encased by 2.5 to 4 feet of concrete and surrounded by basalt bedrock. (4) The Red Hill facility is the largest single fuel storage facility of the Department of Defense in the Pacific theater. (5) The Red Hill facility can store approximately 250,000,000 gallons of fuel. The fuels stored are marine diesel, F–76, and two types of jet fuel, JP–5 and JP–8. (6) The Red Hill facility is located approximately 100 feet above the basal groundwater table and sits directly above the federally designated sole-source groundwater aquifer of the island of Oahu, the Southern Oahu Basal Aquifer, which provides approximately 77 percent of the drinking water of Oahu. (7) Historic records compiled by the Navy in a 2008 groundwater protection plan indicate that the Red Hill facility has had dozens of fuel leaks dating back to 1947. (8) Fuel leaks from the Red Hill facility pose an existential threat to the federally designated sole-source groundwater aquifer of Oahu. (9) The Navy and the Defense Logistics Agency are responsible for protecting the public from unscheduled fuel leaks that may pose a risk to drinking water. (10) Until the mid-1980s, most underground storage tanks (in this section referred to as USTs ) were made of bare steel, which is likely to corrode over time and allow contents of USTs to leak into the environment. The greatest potential hazard from a leaking UST is that its contents (petroleum or other hazardous substances) can seep into the soil and contaminate groundwater, the source of drinking water for nearly half of all people in the United States. (11) To address a nationwide problem of leaking USTs, Congress passed a series of laws to protect human health and the environment, including the Solid Waste Disposal Act ( Public Law 89–272 ), the Superfund Amendments and Reauthorization Act of 1986 ( Public Law 99–499 ), the Energy Policy Act of 2005 ( Public Law 109–58 ), and the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) (commonly referred to as the Recovery Act ). (12) The State of Hawaii obtained Environmental Protection Agency State Program approval, effective on September 2, 2002, for the UST program of Hawaii to operate in lieu of the UST program of the Environmental Protection Agency. (13) In January 2014, The Red Hill facility leaked approximately 27,000 gallons of fuel. (14) In 2015, the Environmental Protection Agency and the State of Hawaii Department of Health negotiated an enforceable agreement, an Administrative Order on Consent, with the Navy and the Defense Logistics Agency (EPA DKT NO. RCRA 7003–R9–2015–01/DOH DKT NO. 15–UST–EA–01). (15) The 2015 Administrative Order on Consent includes a Statement of Work that lays out the specific tasks the Navy and the Defense Logistics Agency must implement. The Statement of Work consists of eight sections on overall project management as follows: (A) Tank inspection. (B) Repair and maintenance. (C) Tank upgrade alternatives. (D) Release detection and tank tightness testing. (E) Corrosion and metal fatigue practices. (F) Investigation and remediation of releases. (G) Groundwater protection and evaluation. (H) Risk and vulnerability assessment. (16) On May 6, 2021, a burst pipeline in Red Hill spilled fuel into the lower access tunnel of the facility and the Navy failed to recover the entirety of the leaked fuel. Although the Navy initially estimated that 1,618 gallons of fuel spilled, with all but 38 gallons recovered, several months later, the amount of fuel spilled estimated by the Navy increased to 19,000 gallons, with most of the spilled fuel not recovered. (17) On November 20, 2021, the Navy announced a spill of 14,000 gallons of a water and fuel mixture from a fire suppression drain line located 0.25 miles downhill of the fuel tanks at Red Hill due to operator error. (18) On November 22, 2021, the Navy announced that the water and fuel mixture was removed from the tunnel and put into a storage tank above ground and that there were no signs that the fuel had escaped into the environment. The Navy communicated that the water was safe to drink. (19) On November 28, 2021, military families and civilians living in the Joint Base Pearl Harbor-Hickam military housing installation began reporting contaminated tap water. (20) Impacted families shared personal experiences of the immediate and ongoing health impacts of exposure to the contaminated water in their homes including chemical burns, stomach and head pain, dizziness and nauseousness, rashes, and more. (21) Families reported noxious odors in impacted homes that continued to make that housing unsuitable for many families. (22) After it was definitively confirmed that the Red Hill well was contaminated with petroleum, the State of Hawaii Department of Health issued an emergency order on December 6, 2021, to the Navy to suspend operations and defuel the Red Hill Facility. That emergency order was contested by the Navy in late December, and on January 3, 2022, it was reaffirmed by the State of Hawaii Department of Health in its final decision and order. (23) The December 6, 2021, emergency order has had broad support from the communities of Oahu, the Governor of Hawaii, the Department of Health of Hawaii, State Commission on Water Resource Management, the City and County Board of Water Supply, city council members, and State legislators. In short, the whole-of-government in Hawaii believes that the Navy should comply with the emergency order. (24) On December 7, 2021, the Navy announced that they will contest the order of the State of Hawaii to drain the fuel tanks. (25) On December 10, 2021, the Navy confirmed samples taken from the Navy Red Hill Shaft contained fuel levels 350 times more than the safe drinking limit in the State of Hawaii. (26) On February 2, 2022, the Department of Justice filed an appeal in both Federal and State court regarding the order of the State of Hawaii to defuel the Red Hill Facility. 3. Closure of Navy Red Hill Bulk Fuel Storage Facility, Hawaii (a) Closure required The Secretary of the Navy shall— (1) discontinue all fuel operations at the Red Hill Bulk Fuel Storage Facility in Hawaii; (2) defuel all bulk fuel storage tanks located at the facility by not later than December 31, 2022; and (3) permanently close the facility in accordance with relevant regulations prescribed by the Administrator of the Environmental Protection Agency. (b) Navy responsibility (1) In general The Navy shall retain ownership and possession of the Red Hill Bulk Fuel Storage Facility and the property on which such facility is located. (2) Cleanup Consistent with existing Navy and legal requirements, the Secretary of the Navy shall remain responsible for the environmental condition of the Red Hill Bulk Fuel Storage Facility. (3) Cleanup costs The Navy shall be responsible for all cleanup costs associated with— (A) the fuel spill that occurred at the Red Hill Bulk Fuel Storage Facility in November 2021; and (B) each spill or leak that occurred at the facility since the opening of the facility until November 2021. (4) Reimbursement of certain State and local entities The Secretary of the Navy shall reimburse the Honolulu Board of Water Supply and the Hawaii State Departments of Health and Education for expenditures made in response to the threats posed by operations at the Red Hill Bulk Fuel Storage Facility, including expenditures made to drill new drinking water wells and to install monitoring wells (both monitoring wells that were previously installed and to be installed). (5) Research The Secretary of the Navy shall conduct relevant near-to-mid term research relating to the environmental condition of the Red Hill Bulk Fuel Storage Facility, including relating to hydrology and water monitoring. (c) Establishment of new facilities The Secretary of the Navy, in coordination with the Director of the Office of Naval Research, shall establish, at the site of the Red Hill Bulk Fuel Storage Facility— (1) a water treatment facility; and (2) a permanent water quality testing facility. (d) Monthly reports Not later than 30 days after the date of the enactment of this Act, and every 30 days thereafter until all bulk fuel storage tanks located at the Red Hill Bulk Fuel Storage Facility have been defueled, the Secretary of Defense shall provide a report and briefing on the progress toward such defueling to— (1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (e) Hawaii Department of Health Emergency Order The Navy shall comply with the emergency order of the Hawaii Department of Health issued on December 6, 2021, which directs the Navy to carry out the following: (1) Immediately suspend operations at the bulk fuel storage tanks at the Red Hill Bulk Fuel Storage Facility, including fuel transfers, and continue to maintain environmental and monitoring controls. (2) Take immediate steps to install a drinking water treatment system or systems at Red Hill Shaft to ensure distribution of drinking water conforms to the standards prescribed by the Safe Drinking Water Act and applicable Federal and State regulations. Those steps should also minimize movement of the contaminant plume or plumes. (3) Submit a workplan and implementation schedule prepared by a qualified independent third party approved by the State of Hawaii Department of Health, to assess the operations and system integrity to safely defuel the bulk fuel storage tanks at the Red Hill Bulk Fuel Storage Facility. (4) Upon approval by the State of Hawaii Department of Health of the assessment, workplan, and implementation schedule under paragraph (3), make necessary corrective actions to address any deficiencies as expeditiously as possible. (5) Not later than 30 days after completion of required corrective actions under paragraph (4), remove fuel from the bulk fuel storage tanks at the Red Hill Bulk Fuel Storage Facility. (6) Submit a workplan and implementation schedule prepared by a qualified independent third party approved by the State of Hawaii Department of Health, to assess operations and system integrity of the Red Hill Bulk Fuel Storage Facility to determine design and operational deficiencies that may impact the environment and develop recommendations for corrective action. (7) Upon approval by the State of Hawaii Department of Health of the assessment, workplan, and implementation schedule under paragraph (6), perform work and implement corrective actions as expeditiously as possible. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2023 through 2028. | https://www.govinfo.gov/content/pkg/BILLS-117s3647is/xml/BILLS-117s3647is.xml |
117-s-3648 | II 117th CONGRESS 2d Session S. 3648 IN THE SENATE OF THE UNITED STATES February 14, 2022 Mr. Cornyn (for himself and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the DNA Sexual Assault Justice Act of 2004 to increase access to Sexual Assault Nurse Examiners, and for other purposes.
1. Short title This Act may be cited as the Supporting Access to Nurse Exams Act or the SANE Act . 2. Definitions Section 304 of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40723 ) is amended by striking subsections (a), (b), and (c) and inserting the following: (a) Definitions In this section: (1) Eligible entity The term eligible entity includes— (A) a Tribal government or hospital; (B) a sexual assault examination program, including— (i) a SANE program; (ii) a SAFE program; (iii) a SART program; (iv) medical personnel, including a doctor or nurse, involved in treating victims of sexual assault; and (v) a victim service provider involved in treating victims of sexual assault; (C) a State sexual assault coalition; (D) a health care facility, including a hospital that provides sexual assault forensic examinations by a qualified or certified SANE or SAFE; (E) a sexual assault examination program that provides SANE or SAFE training; and (F) a community-based program that provides sexual assault forensic examinations, including pediatric forensic exams in a multidisciplinary setting, by a qualified or certified SANE or SAFE outside of a traditional health care setting. (2) Health care facility The term health care facility means any State, local, Tribal, community, free, nonprofit, academic, or private medical facility, including a hospital, that provides emergency medical care to patients. (3) Medical forensic examination; MFE The term medical forensic examination or MFE means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes— (A) gathering information from the patient for the medical forensic history; (B) an examination; (C) coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient; (D) documentation of findings; (E) providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and (F) providing follow-up as needed to provide additional healing, treatment, or collection of evidence. (4) Pediatric SANE and SAFE The term pediatric SANE and SAFE means a SANE or SAFE who is trained to conduct sexual assault forensic examinations on children and youth between the ages of 0 and 18. (5) Qualified personnel The term qualified personnel includes a registered or advanced practice nurse, physician, doctor of osteopathy, or physician assistant who has specialized training conducting medical forensic examinations. (6) Qualified SANE and SAFE training program The term qualified SANE and SAFE training program means a program that— (A) is qualified to prepare current and future sexual assault nurse examiners to be profession-ready and meet the applicable State and national certification and licensure requirements, through didactic, clinical, preceptor, or capstone programs that include longer-term training; (B) provides that preparation under a health care model that uses trauma-informed techniques; and (C) is approved as meeting the most recent National Training Standards for Sexual Assault Medical Forensic Examiners. (7) Rural area The term rural area has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). (8) Secretary The term Secretary means the Secretary of Health and Human Services. (9) Sexual assault The term sexual assault means any nonconsensual sexual act or sexual contact proscribed by Federal, Tribal, or State law, including when the individual lacks capacity to consent. (10) Sexual assault forensic examiner; SAFE The term sexual assault forensic examiner or SAFE means an individual who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (11) Sexual assault forensic examination The term sexual assault forensic examination means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes— (A) gathering information from the patient for the medical forensic history; (B) an examination; (C) coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient; (D) documentation of findings; (E) providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and (F) providing follow-up as needed to provide additional healing, treatment, or collection of evidence. (12) Sexual assault nurse examiner; SANE The term sexual assault nurse examiner or SANE means a registered or advanced practice nurse who has specialized training conducting medical forensic examinations. (13) Sexual assault response team; SART The term sexual assault response team or SART means a multidisciplinary team that— (A) provides a specialized and immediate response to survivors of sexual assault; and (B) may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists. (14) State The term State means any State of the United States, the District of Columbia, and any territory or possession of the United States. (15) Trauma-informed The term trauma-informed means, with respect to services or training, services or training that— (A) use a patient-centered approach to providing services or care; (B) promote the dignity, strength, and empowerment of patients who have experienced trauma; and (C) incorporate evidence-based practices based on knowledge about the impact of trauma on patients’ lives. (16) Underserved populations The term underserved populations has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). . 3. Sexual assault nurse examiner grants Section 304 of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40723 ) is amended by inserting after subsection (a), as amended by section 2 of this Act, the following: (b) Sexual assault nurse examiner training program grants (1) Authorization for grants The Attorney General, in consultation with the Secretary, shall make grants to eligible entities for the following purposes: (A) To establish qualified regional SANE training programs— (i) to provide clinical education for SANE students; (ii) to provide salaries for full- and part-time SANE instructors, including those specializing in pediatrics and working in a multidisciplinary team setting, to help with the clinical training of SANEs; and (iii) to provide access to simulation laboratories and other resources necessary for clinical education. (B) To provide full- and part-time salaries for SANEs and SAFEs, including pediatric SANEs and SAFEs. (C) To increase access to SANEs and SAFEs by otherwise providing training, education, or technical assistance relating to the collection, preservation, analysis, and use of DNA samples and DNA evidence by SANEs, SAFEs, and other qualified personnel. (2) Preference for grants In reviewing applications for grants under this section, the Attorney General shall give preference to any eligible entity that certifies in the grant application that the entity will coordinate with a rape crisis center or the State sexual assault coalition to facilitate sexual assault advocacy to support sexual assault survivors and use the grant funds to— (A) establish qualified SANE training programs in localities with a high volume of forensic trauma cases, including adult and child sexual assault, domestic violence, elder abuse, sex trafficking, and strangulation cases; (B) increase the local and regional availability of full- and part-time sexual assault nurse examiners in a rural area, Tribal area, an area with a health professional shortage, or for an underserved population, including efforts to provide culturally competent services; or (C) establish or sustain sexual assault mobile teams or units or otherwise enhance SANE and SAFE access through telehealth. . 4. Directive Section 304 of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40723 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (b), as added by section 3 of this Act, the following: (c) Directive to the Attorney General (1) In general Not later than the beginning of fiscal year 2022, the Attorney General shall coordinate with the Secretary to inform health care facilities, including Federally qualified health centers and hospitals, colleges and universities, and other appropriate health-related entities about— (A) the availability of grant funding under this section; and (B) the role of sexual assault nurse examiners, both adult and pediatric, and available resources of the Department of Justice and the Department of Health and Human Services to train or employ sexual assault nurse examiners to address the needs of communities dealing with sexual assault, domestic violence, sex trafficking, elder abuse, strangulation, and, in particular, the need for pediatric SANEs, including such nurse examiners working in the multidisciplinary setting, in responding to abuse of both children and adolescents. (2) Requirement In carrying out paragraph (1), the Attorney General shall collaborate with nongovernmental organizations representing SANEs. (d) Public information on access to sexual assault forensic examinations (1) In general Not later than 2 years after the date of enactment of the Supporting Access to Nurse Exams Act , the Attorney General, in consultation with the Secretary, shall establish, and update annually, a public website on the access to forensic nurse examiners. (2) Contents The website required under paragraph (1) shall with specificity describe, by State— (A) funding opportunities for SANE training and continuing education; and (B) the availability of sexual assault advocates at locations providing sexual assault forensic exams. (3) Report to Congress Not later than 4 years after the date of enactment of the Supporting Access to Nurse Exams Act , the Attorney General, in consultation with the Secretary, shall submit to the Committee on the Judiciary of the Senate , the Committee on Health, Education, Labor, and Pensions of the Senate , the Committee on the Judiciary of the House of Representatives , and the Committee on Energy and Commerce of the House of Representatives a report on— (A) the availability of, and patient access to, trained SANEs and other providers who perform MFEs or sexual assault forensic examinations; (B) the health care facilities, including hospitals or clinics, that offer SANEs and sexual assault forensic examinations and whether each health care facility, including a hospital or clinic, has full-time, part-time, or on-call coverage; (C) regional, provider, or other barriers to access for SANE care and services, including MFEs and sexual assault forensic examinations; (D) State requirements, minimum standards, and protocols for training SANEs, including trauma-informed and culturally competent training standards; (E) State requirements, minimum standards, and protocols for training emergency services personnel involved in MFEs and sexual assault forensic examinations; (F) the availability of sexual assault nurse examiner training, frequency of when training is convened, the providers of such training, the State’s role in such training, and what process or procedures are in place for continuing education of such examiners; (G) the dedicated Federal and State funding to support SANE training; (H) funding opportunities for SANE training and continuing education; (I) the availability of sexual assault advocates at locations providing MFEs and sexual assault forensic exams; and (J) the total annual cost of conducting sexual assault forensic exams described in section 2010(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10449(b) ). . 5. Authorization of appropriations Subsection (e) of section 304 of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40723 ), as redesignated by section 4 of this Act, is amended to read as follows: (e) Authorization of appropriations There are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027 to carry out this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s3648is/xml/BILLS-117s3648is.xml |
117-s-3649 | II 117th CONGRESS 2d Session S. 3649 IN THE SENATE OF THE UNITED STATES February 15, 2022 Mr. Padilla (for himself, Mr. Warnock , Mr. Blumenthal , Mr. Booker , Mr. Carper , Mr. Casey , Ms. Duckworth , Mrs. Feinstein , Mr. Heinrich , Mr. Markey , Mr. Merkley , Mr. Peters , Mr. Reed , Mr. Sanders , Ms. Smith , Mr. Van Hollen , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish an advisory committee to provide independent advice and recommendations to the Secretary of Transportation regarding comprehensive, interdisciplinary issues relating to transportation from a variety of stakeholders in transportation planning, design, research, policy, and advocacy, and for other purposes.
1. Short title This Act may be cited as the Transportation Equity Act . 2. Transportation Equity Committee (a) Definitions In this section: (1) Committee The term Committee means the Transportation Equity Committee established under subsection (b). (2) Secretary The term Secretary means the Secretary of Transportation. (b) Establishment Not later than 120 days after the date of enactment of this Act, the Secretary shall establish an advisory committee, to be known as the Transportation Equity Committee, to study and provide advice on comprehensive and interdisciplinary issues relating to transportation equity from a variety of stakeholders in transportation planning, design, research, policy, and advocacy. (c) Purpose of Committee The Committee shall provide independent advice and recommendations to the Secretary on transportation equity, including by developing a strategic plan that includes recommendations to the Secretary on national transportation metrics and the effect of transportation equity on such factors as economic development, connectivity, accessibility, and public engagement. (d) Duties The Committee shall evaluate the work of the Department of Transportation in— (1) connecting people to economic and related forms of opportunity; (2) revitalizing communities in carrying out strategic, research, technological, regulatory, community engagement, and economic policy activities relating to transportation and opportunity; and (3) ensuring equal access to transportation for all residents, including those with disabilities and older adults. (e) Membership (1) In general The Secretary shall appoint an odd number of not less than 9 but not more than 15 members to the Committee, which shall include balanced representation with varying points of view from academia, community groups, industry and business, nongovernmental organizations, State and local governments, federally recognized Indian Tribes, advocacy organizations, and indigenous groups. (2) Broad representation To the extent practicable, members of the Committee shall reflect— (A) a variety of backgrounds and experiences; (B) geographic diversity, including urban, rural, Tribal, territorial, and underserved and marginalized communities throughout the United States; and (C) individuals with expertise in related areas such as housing, health care, disability access, and the environment. (3) Replacement for inactive members If a member misses 3 consecutive meetings, the Secretary may— (A) remove the member; and (B) appoint a replacement to serve for the remainder of the term as provided under subsection (i). (f) Designated Federal officer (1) In general The Secretary shall appoint a full-time Federal employee as the Designated Federal Officer for the Committee, who shall— (A) serve as the coordinator of the Committee; and (B) ensure that administrative support is provided for the Committee, including by carrying out the responsibilities described in paragraph (2). (2) Responsibilities The Designated Federal Officer shall— (A) call meetings of the Committee, and any subcommittees that the Committee designates, after consultation with the Chair; (B) formulate and approve an agenda, in consultation with the Chair, for each meeting; (C) notify all Committee members of the time, place, and agenda for any meeting; (D) provide administrative support for all meetings of the Committee; (E) attend each Committee and subcommittee meeting; (F) maintain all Committee files and records, including minutes from each meeting; (G) adjourn any meeting when it is determined to be in the public interest; (H) serve as the chair at a meeting, if directed to do so by the Secretary; (I) make available to the public meeting notes and information; and (J) publish in the Federal Register notice of any meeting of the Committee not less than 15 days before the meeting. (g) Meetings (1) In general The Committee shall meet not less than 2 times each year, with not more than 9 months between meetings. (2) Time and place Meetings of the Committee shall be— (A) at a reasonable time; (B) in a place accessible to the public; (C) in a room— (i) large enough to accommodate at least 100 people, including the Committee members, staff, and a reasonable number of interested members of the public; and (ii) that is in compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); and (D) in compliance with section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (h) Quorum A quorum shall be a majority of the members of the Committee, rounded up to the nearest odd number. (i) Term (1) In general Each member of the Committee shall serve a 2-year term with not more than 2 consecutive term reappointments. (2) Delayed replacements Notwithstanding paragraph (1), a member may continue service until a replacement member is appointed. (j) Support The Office of the Under Secretary for Policy of the Department of Transportation shall provide necessary funding, logistics, and administrative support for the Committee. (k) Application of FACA Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. | https://www.govinfo.gov/content/pkg/BILLS-117s3649is/xml/BILLS-117s3649is.xml |
117-s-3650 | II 117th CONGRESS 2d Session S. 3650 IN THE SENATE OF THE UNITED STATES February 15, 2022 Mr. Carper (for himself, Mr. Braun , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes.
1. Short title This Act may be cited as the Periodically Listing Updates to Management Act of 2022 or the PLUM Act of 2022 . 2. Establishment of public website on Government policy and supporting positions (a) Establishment (1) In general Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: 3330f. Government policy and supporting position data (a) Definitions In this section: (1) Agency The term agency means— (A) any Executive agency, the United States Postal Service, and the Postal Regulatory Commission; (B) the Architect of the Capitol, the Government Accountability Office, the Government Publishing Office, and the Library of Congress; and (C) the Executive Office of the President and any component within that Office (including any successor component), including— (i) the Council of Economic Advisors; (ii) the Council on Environmental Quality; (iii) the National Security Council; (iv) the Office of the Vice President; (v) the Office of Policy Development; (vi) the Office of Administration; (vii) the Office of Management and Budget; (viii) the Office of the United States Trade Representative; (ix) the Office of Science and Technology Policy; (x) the Office of National Drug Control Policy; and (xi) the White House Office, including the White House Office of Presidential Personnel. (2) Appointee The term appointee — (A) means an individual serving in a policy and supporting position; and (B) includes an individual serving in such a position temporarily in an acting capacity in accordance with— (i) sections 3345 through 3349d (commonly referred to as the Federal Vacancies Reform Act of 1998 ); (ii) any other statutory provision described in section 3347(a)(1); or (iii) a Presidential appointment described in section 3347(a)(2). (3) Covered website The term covered website means the website established and maintained by the Director under subsection (b). (4) Director The term Director means the Director of the Office of Personnel Management. (5) Policy and supporting position The term policy and supporting position means— (A) a position that requires appointment by the President, by and with the advice and consent of the Senate; (B) a position that requires or permits appointment by the President or Vice President, without the advice and consent of the Senate; (C) a position occupied by a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a); (D) a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulation; (E) a position in the Senior Foreign Service; (F) any career position at an agency that, but for this section and section 2(b)(3) of the PLUM Act of 2022 , would be included in the publication entitled United States Government Policy and Supporting Positions , commonly referred to as the Plum Book ; and (G) any other position classified at or above level GS–14 of the General Schedule (or equivalent) that is excepted from the competitive service by law because of the confidential or policy-determining nature of the position duties. (b) Establishment of website Not later than 1 year after the date of enactment of the PLUM Act of 2022 , the Director shall establish, and thereafter the Director shall maintain, a public website containing the following information for the President in office on the date of establishment and for each subsequent President: (1) Each policy and supporting position in the Federal Government, including any such position that is vacant. (2) The name of each individual who— (A) is serving in a position described in paragraph (1); or (B) previously served in a position described in such paragraph under the applicable President. (3) Information on— (A) any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3132 or the total number of positions under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; and (B) the total number of individuals occupying such positions. (c) Contents With respect to any policy and supporting position listed on the covered website, the Director shall include— (1) the agency, and agency component, (including the agency and bureau code used by the Office of Management and Budget) in which the position is located; (2) the name of the position; (3) the name of the individual occupying the position (if any); (4) the geographic location of the position, including the city, State or province, and country; (5) the pay system under which the position is paid; (6) the level, grade, or rate of pay; (7) the term or duration of the appointment (if any); (8) the expiration date, in the case of a time-limited appointment; (9) a unique identifier for each appointee to enable tracking the appointee across positions; (10) whether the position is vacant; and (11) for any position that is vacant— (A) for a position for which appointment is required to be made by the President by and with the advice and consent of the Senate, the name of the acting official; and (B) for other positions, the name of the official performing the duties of the vacant position. (d) Current data For each agency, the Director shall indicate in the information on the covered website the date that the agency last updated the data. (e) Format The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44. (f) Authority of Director (1) Information required Each agency shall provide to the Director any information that the Director determines necessary to establish and maintain the covered website, including the information uploaded under paragraph (4). (2) Requirements for agencies Not later than 1 year after the date of enactment of the PLUM Act of 2022 , the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including— (A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable; (B) data quality assurance methods; and (C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4). (3) Public accountability The Director shall identify on the covered website any agency that has failed to provide— (A) the information required by the Director; (B) complete, accurate, and reliable information; or (C) the information during the timeframe specified by the Director. (4) Monthly updates (A) In general Not later than 90 days after the date on which the covered website is established, and not less than once during each 30-day period thereafter, the head of each agency shall upload to the covered website updated information (if any) on— (i) the policy and supporting positions in the agency; (ii) the appointees occupying such positions in the agency; and (iii) the former appointees who served in such positions in the agency under the President then in office. (B) Supplement not supplant Information provided under subparagraph (A) shall supplement, not supplant, previously provided information under that subparagraph. (5) OPM help desk The Director shall establish a central help desk, to be operated by not more than 1 full-time employee, to assist any agency with implementing this section. (6) Coordination The Director may designate 1 or more agencies to participate in the development, establishment, operation, and support of the covered website. With respect to any such designation, the Director may specify the scope of the responsibilities of the agency so designated. (7) Data standards and timing The Director shall make available on the covered website information regarding data collection standards, quality assurance methods, and time frames for reporting data to the Director. (8) Regulations The Director may prescribe regulations necessary for the administration of this section. (g) Responsibility of agencies (1) Provision of information Each agency shall comply with the instructions and guidance issued by the Director to carry out this section, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). (2) Ensuring completeness, accuracy, and reliability With respect to any submission of information described in paragraph (1), the head of an agency shall include— (A) an explanation of how the agency ensured the information is complete, accurate, and reliable; and (B) a certification that the information is complete, accurate, and reliable. (h) Information verification (1) Semiannual confirmation (A) In general Not less frequently than semiannually, the Director, in coordination with the White House Office of Presidential Personnel, shall confirm that the information on the covered website is complete, accurate, reliable, and up-to-date. (B) Certification On the date on which the Director makes a confirmation under subparagraph (A), the Director shall publish on the covered website a certification that the confirmation has been made. (2) Authority of director In carrying out paragraph (1), the Director may— (A) request additional information from an agency; and (B) use any additional information provided to the Director or the White House Office of Presidential Personnel for the purposes of verification. (3) Public comment The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website. (i) Data archiving (1) In general As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration. (2) Public availability The Director shall make the data described in paragraph (1) publicly available over the internet— (A) on, or through a link on, the covered website; (B) at no cost; and (C) in a searchable, sortable, downloadable, and machine-readable format. (j) Reports (1) In general Not later than 1 year after the covered website is established, and every year thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that— (A) contains summary-level information on the demographics of each appointee; and (B) provide the information in a structured data format that— (i) is searchable, sortable, and downloadable; (ii) makes use of common identifiers wherever possible; and (iii) contains current and historical data regarding the information. (2) Contents (A) In general Each report published under paragraph (1) shall— (i) include self-identified data with respect to each type of appointee on race, ethnicity, Tribal affiliation, gender, disability, sexual orientation, veteran status, and whether the appointee is over the age of 40; and (ii) allow for users of the covered website to view the type of appointee by agency or component, along with the data described in clause (i), alone and in combination, to the greatest level detail possible without allowing the identification of individual appointees. (B) Option to not specify When each category of data described in subparagraph (A)(i) is collected, each appointee shall be allowed an option to not specify with respect to any such category. (C) Consultation The Director shall consult with the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives regarding reports published under this subsection and the information in the reports to determine whether the intent of this section is being fulfilled and if additional information or other changes are needed for the reports. (3) Exclusion of career positions For purposes of applying the term appointee in this subsection, that term does not include any individual appointed to a position described in subsection (a)(5)(F). . (2) Clerical amendment The table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: 3330f. Government policy and supporting position data. . (b) Other matters (1) Definitions In this subsection, the terms agency , covered website , Director , and policy and supporting position have the meanings given those terms in section 3330f of title 5, United States Code, as added by subsection (a). (2) GAO review and report Not later than 1 year after the date on which the Director establishes the covered website, the Comptroller General of the United States shall conduct a review of, and issue a briefing or report on, the implementation of this Act and the amendments made by this Act, which shall include— (A) the quality of data required to be collected and whether the data is complete, accurate, timely, and reliable; (B) any challenges experienced by agencies in implementing this Act and the amendments made by this Act; and (C) any suggestions or modifications to enhance compliance with this Act and the amendments made by this Act, including best practices for agencies to follow. (3) Sunset of Plum Book Beginning on January 1, 2024— (A) the covered website shall serve as the public directory for policy and supporting positions in the Government; and (B) the publication entitled United States Government Policy and Supporting Positions , commonly referred to as the Plum Book , shall no longer be issued or published. (4) Funding (A) In general No additional amounts are authorized to be appropriated to carry out this Act or the amendments made by this Act. (B) Other funding The Director shall carry out this Act and the amendments made by this Act using amounts otherwise available to the Director. | https://www.govinfo.gov/content/pkg/BILLS-117s3650is/xml/BILLS-117s3650is.xml |
117-s-3651 | II 117th CONGRESS 2d Session S. 3651 IN THE SENATE OF THE UNITED STATES February 15, 2022 Ms. Stabenow (for herself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Water Infrastructure Improvements for the Nation Act to extend the authorization of appropriations for the Lead Exposure Registry, and for other purposes.
1. Short title This Act may be cited as the Flint Registry Reauthorization Act of 2022 . 2. Authorization of appropriations for lead exposure registry Section 2203(d) of the Water Infrastructure Improvements for the Nation Act ( 42 U.S.C. 300j–27(d) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated), by striking There and inserting the following: (1) Fiscal years 2017 through 2021 There ; and (3) by adding at the end the following: (2) Fiscal years 2023 through 2033 There is authorized to be appropriated to carry out subsection (b) $5,000,000 for each of fiscal years 2023 through 2033. . | https://www.govinfo.gov/content/pkg/BILLS-117s3651is/xml/BILLS-117s3651is.xml |
117-s-3652 | II 117th CONGRESS 2d Session S. 3652 IN THE SENATE OF THE UNITED STATES February 15, 2022 Mr. Risch (for himself, Mr. Toomey , Mr. Inhofe , Mr. Cruz , Mr. Rubio , Mr. Graham , Mr. Portman , Mr. Barrasso , Mr. Tillis , Mr. Wicker , Mr. Lankford , Ms. Collins , Mr. Cramer , Mr. Young , Mrs. Blackburn , Ms. Ernst , Mr. Cassidy , Mr. Cornyn , Mrs. Capito , Mr. Kennedy , Mr. Boozman , Mrs. Fischer , Mr. Crapo , Mr. Romney , Mr. Johnson , Mr. Marshall , Ms. Lummis , Mr. Tuberville , Mr. Burr , Mr. Sullivan , Mr. Blunt , Mr. Thune , Mr. Rounds , Mr. Grassley , and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To counter the aggression of the Russian Federation against Ukraine and Eastern European allies, to expedite security assistance to Ukraine to bolster Ukraine’s defense capabilities, and to impose sanctions relating to the actions of the Russian Federation with respect to Ukraine, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Never Yielding Europe’s Territory (NYET) Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Sense of Congress. Sec. 4. Statement of policy on European security. Sec. 5. Statement of policy on United States import policy. TITLE I—Expediting security assistance to Ukraine and bolstering Ukraine’s defense capabilities Sec. 101. Prioritizing delivery of excess defense articles to Ukraine. Sec. 102. Use of Department of Defense lease authority and Special Defense Acquisition Fund to support Ukraine. Sec. 103. Presidential drawdown authority. Sec. 104. Foreign Military Financing for Ukraine. Sec. 105. Authority to provide assistance for the defense of Ukraine. Sec. 106. Enhancing efforts to counter Kremlin disinformation. Sec. 107. Emergency appropriations for the Countering Russian Influence Fund. Sec. 108. Temporary waiver of reimbursement costs for leased defense articles. Sec. 109. Ukraine Democracy Defense Lend-Lease Act of 2022. Sec. 110. Temporary expedited congressional review of arms sales to Ukraine. Sec. 111. International military education and training cooperation with Ukraine. Sec. 112. Strategy on international military education and training programming in Ukraine. Sec. 113. Loan authority for Ukraine. Sec. 114. Extension and modification of limitation on military cooperation between the United States and the Russian Federation. Sec. 115. Reports on security assistance and provision of defense articles to Armed Forces of Ukraine. Sec. 116. Report on Russian chemical and biological activities in Ukraine. Sec. 117. Report on policies and procedures governing support for Ukraine. TITLE II—Countering Kremlin malign influence and aggression in Europe Sec. 201. Authorization of appropriations for Foreign Military Financing grant assistance to European allies and partners. Sec. 202. Boost European Deterrence Initiative (EDI), including funding for military exercises. Sec. 203. Bolstering Ukraine’s cyber defense and resiliency capabilities. Sec. 204. Expanded broadcasting in countries of the former Soviet Union to combat Russian disinformation and information operations. Sec. 205. Report on role of intelligence and security services of the Russian Federation in efforts to undermine the independence and integrity of Ukraine. Sec. 206. Deepening security and economic ties with Baltic allies. Sec. 207. Public disclosure of assets of Vladimir Putin and his inner circle. Sec. 208. Report on diplomatic and military impact of Russian military aggression in Ukraine on European security. Sec. 209. Energy security cooperation with allied partners in Europe. TITLE III—Measures to deter current and escalated aggression against Ukraine by the Russian Federation Sec. 301. Definitions. Subtitle A—Sanctions To deter aggression against Ukraine by the Russian Federation Sec. 311. Imposition of sanctions with respect to senior Russian defense officials related to the build-up of Russian Armed Forces along Ukraine’s border. Sec. 312. Imposition of sanctions with respect to Nord Stream 2. Sec. 313. Imposition of sanctions with respect to foreign persons contributing to the destabilization of Ukraine or malicious cyber activities against Ukraine. Sec. 314. Imposition of sanctions with respect to facilitating transactions for the Russian Armed Forces. Sec. 315. Imposition of sanctions with respect to entities on the CAATSA section 231(e) list. Subtitle B—Sanctions and other measures in response to escalation of aggression against Ukraine by the Russian Federation Sec. 321. Determination with respect to operations of the Russian Federation in Ukraine. Sec. 322. Imposition of sanctions with respect to Nord Stream 2. Sec. 323. Imposition of sanctions with respect to Russian financial institutions. Sec. 324. Imposition of sanctions with respect to Russian oligarchs and members of Putin’s inner circle. Sec. 325. Imposition of sanctions with respect to officials of the Government of the Russian Federation relating to operations in Ukraine. Sec. 326. Prohibition on and imposition of sanctions with respect to transactions involving Russian sovereign debt. Sec. 327. Imposition of sanctions with respect to Russian extractive industries. Sec. 328. Imposition of sanctions with respect to Belarus related to the build-up of Russian Armed Forces along Ukraine’s border. Sec. 329. Prohibition on investment in occupied Ukrainian territory. Subtitle C—Other matters Sec. 341. Reports on limitation on exemption from registration under the Foreign Agents Registration Act of 1938, as amended, for persons filing disclosure reports under the Lobbying Disclosure Act of 1995 who are acting on behalf of Russian entities. Subtitle D—General provisions Sec. 351. Sanctions described. Sec. 352. Implementation; regulations; penalties. Sec. 353. Exceptions; waiver. Sec. 354. Termination. TITLE IV—Humanitarian assistance to Ukraine Sec. 401. Humanitarian assistance to Ukraine. Sec. 402. Limitations on humanitarian assistance. TITLE V—General provisions Sec. 501. Sunset. Sec. 502. Exception relating to importation of goods. Sec. 503. Prohibition of funds. 2. Definitions In this Act: (1) Appropriate congressional committees 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. (2) Defense article; defense service The terms defense article and defense service have the meanings given those terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). 3. Sense of Congress It is the sense of Congress that— (1) it is in the national security interests of the United States— (A) to continue and deepen the security partnership between the United States and Ukraine; and (B) to support Ukraine’s sovereignty and territorial integrity; (2) aggression and malign influence by the Government of the Russian Federation and its proxies in Ukraine are a threat to the democratic sovereignty of Ukraine and the lives and livelihoods of its people; (3) the increase in Russian Federation troops, armor, artillery, and associated military equipment on Ukraine’s border that began in October 2021— (A) threatens the safety, security, financial stability, and sovereignty of Ukraine; (B) is destabilizing to the security of the entire European continent; and (C) may presage an invasion of Ukraine by the Russian Federation, an event that would be Russia’s second invasion of Ukraine since 2014; (4) the United States, in coordination with the European Union, the North Atlantic Treaty Organization (NATO), and members of the international community, should— (A) support the territorial integrity of Ukraine; and (B) take action to oppose any effort by the Government of the Russian Federation to further encroach on Ukraine’s territory and independence; (5) any concession made by the United States and NATO to the demands of the Government of the Russian Federation regarding NATO membership or expansion is antithetical to the North Atlantic Treaty and the commitments at the core of the liberal democratic order; (6) economic and financial sanctions, when used as part of a coordinated and comprehensive strategy, are a powerful tool to advance United States foreign policy and national security interests; and (7) the United States, in coordination with allies and partners of the United States, should impose substantial new sanctions in response to each act of aggression by the Government of the Russian Federation or its proxies, and to their full extent in the event of escalatory military operations or other destabilizing aggression against Ukraine. 4. Statement of policy on European security It is the policy of the United States— (1) to support the territorial integrity of Ukraine and other countries against aggression by the Government of the Russian Federation or its proxies; (2) to ensure the swift and ongoing provision to Ukraine of lethal and nonlethal security assistance, including surface-to-air missiles, air defense systems, anti-ship missiles, and anti-tank capabilities, on an expedited basis through the Foreign Military Financing program, loan programs, excess defense articles, and the lending or leasing of military equipment; (3) to build the resilience of Ukraine’s military defenses and bolster Ukraine’s ability to defend against aggression by the Government of the Russian Federation by increasing International Military Education Training, improving interoperability with NATO forces, and engaging in critical areas, including air, sea, and cyber defense; (4) to declassify or downgrade United States intelligence on Russian malign activities in Ukraine, Belarus, and the Baltic and Black Sea nations, kinetic or non-kinetic, to the maximum extent possible, and to enable and encourage dissemination of this information to United States allies and partners and to the American public; (5) to support efforts to improve Ukraine’s cybersecurity capacity and strengthen its ability to detect, investigate, disrupt, and deter cyberattacks by strengthening cybersecurity policy, enhancing technical infrastructure, supporting cybersecurity education and training, and helping Ukraine engage with international cybersecurity frameworks and organizations; (6) to counter Russian propaganda and disinformation about Ukraine and support unrestricted, independent news and reporting for audiences on the periphery of the Russian Federation, including by increasing support for Radio Free Europe/Radio Liberty; (7) to further enhance security cooperation and engagement with regional partners, including those in the Black Sea region and the Baltic States, to strengthen Ukrainian and regional security; (8) to work closely with NATO allies, particularly allies that share a border with the Russian Federation, on any matters related to European security; (9) to reduce the dependence of allies and partners of the United States on energy resources that originate in the Russian Federation in order for such countries to achieve lasting and dependable energy security, including by increasing access to diverse, reliable, and affordable energy; (10) to condemn the Government of the Russian Federation for, and to deter such government from, using its energy resources as a geopolitical weapon to coerce, intimidate, and influence other countries; (11) to formulate a rapid and comprehensive response to any humanitarian crisis inflicted upon the people of Ukraine as a result of Russian aggression, including mechanisms for emergency response, observation and monitoring of abuses, and justice and accountability, including through the Organization for Security and Co-operation in Europe; and (12) to remain committed to a strong and unified NATO and to not cede to the demands of the Government of the Russian Federation regarding NATO force posture and membership. 5. Statement of policy on United States import policy It is the policy of the United States— (1) to protect United States domestic fisheries and seafood producers by addressing the unrestricted importation of seafood products to the United States from the Russian Federation, while an embargo currently prohibits the importation of food and agricultural products from the United States and its allies to the Russian Federation; and (2) to utilize existing authorities to prohibit the importation into the United States from the Russian Federation of any seafood of Russian origin until the Government of the Russian Federation has terminated its prohibition on the importation of seafood products from the United States. I Expediting security assistance to Ukraine and bolstering Ukraine’s defense capabilities 101. Prioritizing delivery of excess defense articles to Ukraine (a) In general During fiscal years 2022 through 2023, the delivery of excess defense articles to Ukraine should be given the same priority as that given other countries and regions under section 516(c)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(c)(2) ). (b) Notification Notwithstanding section 516(f) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(f) ), during fiscal years 2022 through 2023, the delivery of excess defense articles to Ukraine shall be subject to a 15-day notification requirement, unless, in the event of a notification under section 516(f)(1), the President certifies to the appropriate congressional committees that an emergency exists that necessitates the immediate transfer of the article. If the President states in his notice that an emergency exists which requires the proposed transfer in the national security interest of the United States, thus waiving the congressional review requirements of this subsection, the President shall set forth in the notification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate issuance of the letter of offer and a discussion of the national security interests involved. 102. Use of Department of Defense lease authority and Special Defense Acquisition Fund to support Ukraine (a) Use of special defense acquisition fund The Secretary of Defense, in consultation with the Secretary of State, may utilize, to the maximum extent possible, the Special Defense Acquisition Fund established under section 51 of the Arms Export Control Act ( 22 U.S.C. 2795 ) to expedite the procurement and delivery of defense articles and defense services for the purpose of assisting and supporting the Armed Forces of Ukraine. (b) Use of lease authority The Secretary of Defense, in consultation with the Secretary of State, may utilize, to the maximum extent possible, its lease authority, including with respect to no-cost leases, to provide defense articles to Ukraine for the purpose of assisting and supporting the Armed Forces of Ukraine. 103. Presidential drawdown authority (a) In general Notwithstanding any other provision of law, out of amounts in the Treasury not otherwise appropriated, $400,000,000 shall be available in the drawdown authority under section 506(a)(1) of the Foreign Assistance Act ( 22 U.S.C. 2318(a) ) for fiscal year 2022. (b) Priority The Secretary of Defense shall direct the military services to make available equipment under this authority to the maximum extent possible. 104. Foreign Military Financing for Ukraine (a) Sense of Congress It is the sense of Congress that— (1) the provision of security assistance to Ukraine is one of the most efficient and effective mechanisms for supporting Ukraine and ensuring that it can defend against aggression by the Russian Federation; (2) in light of the military build-up by the Government of the Russian Federation, the United States, working with allies and partners, should work to expedite the provision of defense articles and other security assistance to Ukraine and prioritize and facilitate assistance to respond to the most urgent defense needs of the Armed Forces of Ukraine; and (3) the United States should ensure adequate planning for maintenance for any equipment provided to Ukraine. (b) Emergency appropriation (1) In general There is appropriated, out of any money in the Treasury not otherwise appropriated, $250,000,000 to the Secretary of State for fiscal year 2022 for Foreign Military Financing assistance to Ukraine. Of the amount so appropriated, not less than $100,000,000 shall be used for the purpose of providing lethal assistance, including efforts to meet Ukraine’s priority defense needs including air defense, anti-ship, and anti-armor capabilities, as well as non-standard munitions and ammunition compatible with existing Ukrainian systems. (2) Emergency designation (A) In general The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (B) Designation in House and Senate This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (c) Authorization of additional emergency supplemental appropriations There is authorized to be appropriated, in addition to the amount appropriated by subsection (b), $250,000,000 as an authorization of emergency supplemental appropriations for the Department of State for Foreign Military Financing assistance for fiscal year 2022. If $250,000,000 is not appropriated in fiscal year 2022, the remaining balance is authorized to be appropriated in subsequent fiscal years in accordance with Foreign Military Finance budget procedures. (d) Notice to Congress Not later than 15 days before providing assistance or support pursuant to this section, the Secretary of State shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notification containing the following: (1) A detailed description of the assistance or support to be provided, including— (A) the objectives of such assistance or support; (B) the budget for such assistance or support; and (C) the expected or estimated timeline for delivery of such assistance or support. (2) A description of such other matters as the Secretary considers appropriate. (e) Authority To provide lethal assistance The Secretary of State is authorized to provide lethal assistance under this section, including anti-armor weapon systems, mortars, crew-served weapons and ammunition, grenade launchers and ammunition, anti-tank weapons systems, anti-ship weapons systems, anti-aircraft weapons systems, and small arms and ammunition. 105. Authority to provide assistance for the defense of Ukraine (a) Statement of policy In the event of an invasion of Ukraine by the Government of the Russian Federation, it is in the interests of the United States to continue to support the Ukrainian people in their resistance against Russian occupation, control, or attack. (b) Establishment of Ukraine Resistance Fund Upon an affirmative determination under section 321, there is established a Ukraine Resistance Fund composed of both Department of Defense and Department of State assistance programs as outlined in subsections (c)(1) and (c)(2). (c) Implementation (1) Department of Defense post-invasion assistance to Ukraine (A) Authority Upon an affirmative determination under section 321, the Secretary of Defense, in coordination with the Secretary of State, is authorized through fiscal year 2023 to provide assistance, including training, lethal and non-lethal equipment, supplies, and sustainment to the security forces of the Government of Ukraine and appropriately vetted Ukrainian groups and individuals for the purpose of defending the Ukrainian people and the territorial integrity of Ukraine from attacks by the Russian Federation. (B) Requirement for plan The Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees not later than 15 days before providing assistance for the first time under this paragraph a plan for providing such assistance and an identification of the objectives of such assistance, a description of the process to be used to determine recipients of such assistance, and a description of the mechanisms and procedures that will be used to monitor the provision of assistance. (C) Quarterly progress report Not later than 90 days after exercising the authority under subparagraph (A), and every 90 days thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a progress report on assistance provided under such subsection. (D) Authority to accept contributions The Secretary of Defense may accept and retain contributions, including assistance in kind, from foreign governments to provide assistance as authorized by this section. Any funds so accepted by the Secretaries shall be credited to appropriations for the appropriate operation and maintenance accounts. (E) Authorization of emergency supplemental appropriations There is authorized to be appropriated $250,000,000 for each of fiscal years 2022 and 2023 for the Department of Defense for Operation and Maintenance for carrying out activities under subparagraph (A). (2) Emergency supplemental appropriations for State Department efforts in support of Ukrainian resistance (A) Authority Upon an affirmative determination under section 321, the funds described in subsection (D) shall be made available to the Secretary of State for the Ukraine Resistance Fund to support Ukrainian resistance against Russian efforts to occupy or subdue territory under the authority of the internationally recognized Government of Ukraine. (B) Plan for implementation The Secretary of State shall submit to the appropriate congressional committees not later than 15 days before providing assistance for the first time under subparagraph (A) a plan for providing such assistance and an identification of the objectives of such assistance, a description of the process to be used to determine recipients of such assistance, and a description of the mechanisms and procedures that will be used to monitor the provision of assistance. (C) Quarterly progress report Not later than 90 days after exercising the authority under subparagraph (A), and every 90 days thereafter, the Secretary of State shall submit to the appropriate committees of Congress, a progress report on assistance provided under such subsection. (D) Emergency appropriations (i) Appropriations There is appropriated, out of any money in the Treasury not otherwise appropriated, $220,000,000 to the Secretary of State for fiscal year 2022 for efforts to support Ukrainian resistance against Russian efforts to occupy or subdue territory under the authority of the internationally recognized Government of Ukraine, to remain available until expended. (ii) Availability The amounts appropriated under clause (i) shall be made available as follows: (I) $20,000,000 for the Global Engagement Center for efforts to support Ukrainian resistance to Russian aggression, including countering undue political influence, providing political support to the legitimate government of Ukraine, countering Russian disinformation related to its aggression against Ukraine, exposing potential Russian atrocities against the people of Ukraine, and rallying international support for the people of Ukraine. (II) $200,000,000 for the Countering Russian Influence Fund for efforts to support Ukrainian resistance to Russian aggression, including logistical, organizational, and operational support for programs pursuant to this section. (iii) Emergency designation (I) In general The amounts provided under clause (i) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (II) Designation in House and Senate Clause (i) is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (d) Clarification on the use of force Nothing in this section may be construed to provide authorization for the use of military force against the Russian Federation. (e) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. 106. Enhancing efforts to counter Kremlin disinformation (a) Emergency appropriations for Global Engagement Center (1) Appropriations There is appropriated, out of any money in the Treasury not otherwise appropriated, $20,000,000 to the Secretary of State for fiscal year 2022 for the Global Engagement Center to counter foreign state- and non-state-sponsored propaganda and disinformation, with priority given to programs and activities in Europe. (2) Emergency designation (A) In general The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (B) Designation in House and Senate This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (b) Report required (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that contains— (A) a description of efforts to counter and combat disinformation by the Russian Federation with the additional funds provided by this subsection; (B) a description of efforts to combat malign influence operations of the Russian Federation aimed at inflaming tensions and dividing Ukrainian society; (C) a description of efforts to assist allies and partners in Central and Eastern Europe in exposing and countering Russian malign influence campaigns and operations; (D) recommendations to increase support for independent media outlets, including Radio Free Europe/Radio Liberty; (E) recommendations to increase support for independent media outlets catering to Russian-speaking populations residing in Russian-occupied Crimea, the Donbas region of Ukraine, and throughout Ukraine; and (F) a description of the major Russian narratives in Central and Eastern Europe and an assessment of which narratives have proven most effective in achieving Russian objectives and undermining the influence of the United States. (c) Elimination of termination date for the global engagement center Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 22 U.S.C. 2656 note) is amended— (1) in subsection (h), by striking the second sentence; and (2) by striking subsection (j). 107. Emergency appropriations for the Countering Russian Influence Fund (a) Emergency appropriations (1) Appropriations There is appropriated, out of any money in the Treasury not otherwise appropriated, $200,000,000 to the Secretary of State for fiscal year 2022 for the Countering Russian Influence Fund to provide additional support to Ukraine and Central and Eastern European allies in the wake of aggression by the Russian Federation. (2) Emergency designation (A) In general The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (B) Designation in House and Senate This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (b) Report required (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that contains a plan for countering and combating aggression by the Russian Federation with the additional funds provided by this section and supporting Ukraine and Eastern Europe allies to improve their defenses against such aggression. (2) Form The strategy required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary. 108. Temporary waiver of reimbursement costs for leased defense articles Notwithstanding section 61(a)(4) of the Arms Export Control Act ( 22 U.S.C. 2796(a)(4) ), the Secretary of State may waive the requirement for reimbursement of all costs, including depreciation, restoration, and replacement costs, for defense articles leased to Ukraine during fiscal year 2022 if the Secretary of State determines that doing so is in the national security interest of the United States. 109. Ukraine Democracy Defense Lend-Lease Act of 2022 (a) Short title This section may be cited as the Ukraine Democracy Defense Lend-Lease Act of 2022 . (b) Authority To lend or lease defense articles to the Government of Ukraine (1) In general Subject to the provisions of law described in paragraph (2), for fiscal years 2022 and 2023, the President may authorize the United States Government to lend or lease defense articles to the Government of Ukraine to help bolster Ukraine’s defense capabilities and protect its civilian population from potential invasion by the Armed Forces of the Government of the Russian Federation. (2) Exclusions For the purposes of the authority described in paragraph (1), the following provisions of law shall not apply: (A) Section 503(b)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2311(b)(3) ). (B) Sections 61 and 63 of the Arms Export Control Act ( 22 U.S.C. 2796 , 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 subsection (b) of such section are waived. (4) Delegation of authority The President may delegate the enhanced authority described in paragraph (1) only to an official appointed by the President by and with the advice and consent of the Senate. (c) Procedures for delivery of defense articles Not later than 60 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 subsection (b) to ensure timely delivery of the article to that Government. 110. Temporary expedited congressional review of arms sales to Ukraine (a) In general The President is authorized to issue any letter of offer or license to export any defense articles or defense services to Ukraine otherwise subject to the requirements of section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ) unless Congress enacts a joint resolution of disapproval of such sale or export, as the case may be, within 15 calendar days. (b) Sunset The authority of subsection (a) shall terminate on October 1, 2023. 111. International military education and training cooperation with Ukraine (a) Sense of Congress It is the sense of Congress that— (1) International Military Education and Training (IMET) is a critical component of United States security assistance that facilitates training of international forces and strengthens cooperation and ties between the United States and foreign countries; (2) it is in the national interest of the United States to further strengthen the Armed Forces of Ukraine, particularly to enhance their defensive capability and improve interoperability for joint operations; and (3) the Government of Ukraine should fully utilize the United States IMET program, encourage eligible officers and civilian leaders to participate in the training, and promote successful graduates to positions of prominence in the Armed Forces of Ukraine. (b) Authorization of appropriations There is authorized to be appropriated to the Department of State $3,500,000 for each of fiscal years 2022, 2023, and 2024 for International Military Education and Training assistance for Ukraine. The assistance shall be made available for the following purposes: (1) Training of future leaders. (2) Establishing a rapport between the United States Armed Forces and the Armed Forces of Ukraine to build partnerships for the future. (3) Enhancement of interoperability and capabilities for joint operations. (4) Focusing on professional military education, civilian control of the military, and human rights. (5) Fostering a better understanding of the United States. (c) Notice to Congress Not later than 15 days before providing assistance or support pursuant to subsection (a), the Secretary of State shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notification containing the following elements: (1) A detailed description of the assistance or support to be provided, including— (A) the objectives of such assistance or support; (B) the budget for such assistance or support; and (C) the expected or estimated timeline for delivery of such assistance or support. (2) A description of such other matters as the Secretary considers appropriate. (d) Emergency appropriation (1) In general There is appropriated, out of any money in the Treasury not otherwise appropriated, $3,500,000 to the Secretary of State for fiscal year 2022 for International Military Education and Training assistance for Ukraine for the purposes described in subsection (b). (2) Emergency designation (A) In general The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (B) Designation in House and Senate This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. 112. Strategy on international military education and training programming in Ukraine (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a strategy for the implementation of the International Military Education and Training program in Ukraine authorized under section 111. (b) Elements The strategy required under subsection (a) shall include the following elements: (1) A clear plan, developed in close consultation with the Ukrainian Ministry of Defense and the Armed Forces of Ukraine, for how the IMET program will be used by the United States Government and the Government of Ukraine to propel program graduates to positions of prominence in support of the reform efforts of the Armed Forces of Ukraine in line with NATO standards. (2) An assessment of the education and training requirements of the Armed Forces of Ukraine and clear recommendations for how IMET graduates should be assigned by the Ukrainian Ministry of Defense upon completion of education or training. (3) An accounting of the current combat requirements of the Armed Forces of Ukraine and an assessment of the viability of alternative mobile training teams, distributed learning, and other flexible solutions to reach such students. (4) An identification of opportunities to influence the next generation of leaders through attendance at United States staff and war colleges, junior leader development programs, and technical schools. (c) Form The strategy required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. 113. Loan authority for Ukraine (a) Sense of Congress It is the sense of Congress that— (1) as appropriate, the United States Government should provide direct loans to Ukraine for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ) to support the further development of Ukraine’s military forces; and (2) such loans should be considered an additive security assistance tool and not a substitute for Foreign Military Financing for grant assistance or Ukraine Security Assistance Initiative programming. (b) Authority For fiscal year 2022 and 2023, the President, acting through the Secretary of State, is authorized— (1) to make direct loans under section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ) to Ukraine, notwithstanding the minimum interest rate required by subsection (c)(1) of such section; and (2) to charge fees for such loans under paragraph (1), which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a(7) ), and which may be used to cover the costs of such loans as defined in section 502 of the Congressional Budget Act of 1974. (c) Certification Not fewer than 15 days before entering into an agreement to make a loan described in subsection (b), the Secretary of State shall submit to the appropriate congressional committees a certification— (1) certifying that the loan will aid Ukraine in bolstering its defensive capabilities; and (2) describing the specific intended purpose and use of the loan. (d) Repayment A loan made under the authority provided by subsection (b) shall be repaid in not more than 12 years, but may include a grace period of up to 1 year on the repayment of the principal. 114. Extension and modification of limitation on military cooperation between the United States and the Russian Federation (a) Extension Subsection (a) of section 1232 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2488) is amended by striking or 2021 and inserting 2021, 2022, or 2023 . (b) Waiver Subsection (c)(2) of such section is amended to read as follows: (2) not later than 15 days before the date on which the waiver takes effect, and every 90 days thereafter, submits to the appropriate congressional committees— (A) a notification that the waiver is in the national security interest of the United States and a description of the national security interest covered by the waiver during the applicable reporting period; (B) a description of any condition or prerequisite placed by the Russian Federation on military cooperation between the United States and the Russian Federation; (C) a description of the results achieved by United States-Russian Federation military cooperation during the applicable reporting period and an assessment of whether such results meet the national security objectives described under subparagraph (A); (D) a description of the measures in place to mitigate counterintelligence or operational security concerns and an assessment of whether such measures have succeeded, submitted in classified form as necessary; and (E) a report explaining why the Secretary of Defense cannot make the certification under subsection (a). . 115. Reports on security assistance and provision of defense articles to Armed Forces of Ukraine (a) In general Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on the items that the United States has provided the Government of Ukraine to assist in its defense. (b) Contents The report required by subsection (a) shall include— (1) a description of the steps the United States has taken to provide and expedite security assistance, defense articles, and any other forms of support to Ukraine and the Armed Forces of Ukraine, including increasing air defense capabilities, since March 1, 2021; (2) a description of any increased assistance and support provided by allies and partners of the United States or Ukraine to Ukraine or the Armed Forces of Ukraine, including increasing air defense capabilities, since March 1, 2021; and (3) a full accounting of all items provided to the Government of Ukraine since March 1, 2021, to include a list of the dates upon which all of the items were provided to the Government of Ukraine under— (A) any execution of the presidential drawdown authority; (B) the Foreign Military Financing program; (C) the Foreign Military Sales program; (D) the Ukraine Security Assistance Initiative; (E) the Excess Defense Articles program; and (F) the Lend-Lease program described in section 109. (c) 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 NATO Support and Procurement Agency since October 1, 2021, on transfers of defense articles to Ukraine, including third-party transfers, including recommendations whether and how such restrictions should be lifted. 116. Report on Russian chemical and biological activities in Ukraine (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees a report that includes— (1) a description of any actions by Russia to use, move, develop, produce, or otherwise acquire, stockpile, retain, or otherwise employ or deploy chemical or biological weapons in or against Ukraine that could constitute a potential violation of its obligations as a State Party to the Chemical Weapons Convention or the Biological Weapons Convention, including activities relating to— (A) military-grade nerve agents; (B) pharmaceutical-based agents; (C) destruction of any chemical production facility; (D) chemical or biological weapons development facilities; (E) chemical or biological weapons production facilities; (F) chemical or biological weapons stockpiles; and (G) cooperation with other nations regarding the use, development, supply, production, transfer, or deployment of chemical weapons; (2) a listing of entities facilitating any activities identified in paragraph (1); and (3) a description of any potential or planned use of those items listed in paragraph (1) should focus on— (A) assassinations; (B) targeted killings; and (C) battlefield use. (b) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) Appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 117. Report on policies and procedures governing support for Ukraine (a) In general Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the legal and policy guidance governing intelligence sharing and security assistance between the United States and Ukraine. (b) Contents The report required by subsection (a) shall include— (1) a description of applicable diplomatic, regulatory, or legal guidance on the provision of security assistance by the United States to Ukraine through programs of the Department of State and the Department of Defense, including restrictions outside of the International Trafficking in Arms Regulations (22 C.F.R. 120 et seq.) and prohibitions on specific capabilities and technologies; (2) a description of the policies, procedures, and legal guidance on the provision of intelligence support by the United States to the military of Ukraine, including support for targeting, battlefield intelligence, surveillance, and reconnaissance, and other support designed to help improve the operational effectiveness and lethality of the Ukrainian military; and (3) a list of the dates on which the applicable guidance went into effect and any guidance that was superseded. II Countering Kremlin malign influence and aggression in Europe 201. Authorization of appropriations for Foreign Military Financing grant assistance to European allies and partners (a) European security programs In addition to amounts otherwise authorized to be appropriated for Foreign Military Financing, there is authorized to be appropriated $5,000,000,000 for the Department of State for Foreign Military Financing grant assistance programs in Europe, to remain available until expended. (b) Purpose As a direct response to recent aggression against Ukraine by the Russian Federation, the purpose of these funds shall be to— (1) deter the Russian Federation’s current military escalation along the border of Ukraine, Poland, and Lithuania, and any future military build-up by the Russian Federation in Eastern Europe; (2) increase deterrence capabilities of Black Sea allied and partner nations; and (3) incentivize greater burden-sharing among NATO allies. (c) Eligibility Countries eligible for grant assistance under this program shall include— (1) NATO allies and Ukraine; and (2) other European partners, if the President provides a written notification to the appropriate congressional committees within 30 days that such grant is in the national security interest of the United States. (d) Restrictions on European foreign military financing Amounts authorized to be appropriated under subsection (a) shall be available subject to— (1) adherence to defense spending goals in line with those laid out in the 2014 Wales Summit Declaration; and (2) formal agreements between the United States and recipient nations to conduct joint long-range planning for capability development and the expenditure of those funds. (e) Emergency designation (1) In general The amounts provided under subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (2) Designation in House and Senate Subsection (a) is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. 202. Boost European Deterrence Initiative (EDI), including funding for military exercises (a) Authorization of appropriations There is authorized to be appropriated for the Department of Defense for fiscal year 2022 an additional $270,000,000 for the European Defense Initiative. (b) Use of funds The amounts appropriated in subsection (a) shall be used for military training and exercises between United States Armed Forces and European partners to increase the overall readiness and interoperability of United States forces, NATO allies, and theater partners across all domains. (c) Emergency designation (1) In general The amounts provided under subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (2) Designation in House and Senate Subsection (a) is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. 203. Bolstering Ukraine’s cyber defense and resiliency capabilities (a) In general There is authorized to be appropriated to the Department of State $25,000,000 for each of fiscal years 2022 and 2023 for the purposes described in subsection (b). (b) Use of funds Amounts appropriated pursuant to subsection (a) may only be used— (1) to strengthen collaboration between the Government of Ukraine and the NATO Cooperative Cyber Defence Centre of Excellence, the European Union Agency for Cybersecurity, the National Cyber Security Centre of the United Kingdom, and the European Centre of Excellence for countering Hybrid Threats to bolster Ukraine’s cyber defense capabilities and to develop surge capabilities as necessary; (2) to assist the Government of Ukraine in identifying critical areas of vulnerability within its cyber defense; (3) to strengthen the ability of the Government of Ukraine to detect, investigate, disrupt, and deter cyberattacks and malign digital influence operations; (4) to strengthen the ability of the Government of Ukraine to develop cybersecurity incident response teams and to develop procedures for responding to and mitigating the damage of cyberattacks; (5) to support multilateral, intergovernmental, and nongovernmental efforts to improve Ukraine’s cybersecurity capacity efforts; (6) to collaborate with the Government of Ukraine to better understand the nature of cyberattacks and malign digital influence operations that could be used to target the United States; (7) to work with the private sector to help facilitate the sharing of information and services pertaining to cybersecurity and cyber resilience in Ukraine; and (8) to expand the United States Transnational and High-Tech Crime Global Law Enforcement Network to provide additional training and capacity-building in Ukraine related to cybercrime and intellectual property crime, including by creating new International Computer Hacking and Intellectual Property Attorney Advisors or Intellectual Property Law Enforcement Coordinators. (c) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on efforts to implement the policy described in subsection (a). 204. Expanded broadcasting in countries of the former Soviet Union to combat Russian disinformation and information operations (a) Authorization of appropriations There is authorized to be appropriated $155,500,000 for Radio Free Europe/Radio Liberty for fiscal year 2022. (b) Authorization of new bureaus Radio Free Europe/Radio Liberty may explore opening new bureaus to help expand its ability to reach audiences on the periphery of the Russian Federation. (c) Initiatives To bolster Radio Free Europe/Radio Liberty bureaus around the Russian Federation To help expand its reach to Russian-speaking audiences and increase its reach to audiences through digital media, Radio Free Europe/Radio Liberty should— (1) evaluate where Russian disinformation is most deeply pervasive in the Eurasia region; (2) develop strategies to better communicate with predominately Russian-speaking regions; (3) build on efforts to increase capacity and programming to counter disinformation in real time; (4) expand Russian language investigative journalism; (5) improve the technical capacity of the Ukraine bureau; and (6) continue efforts to increase digital news services. 205. Report on role of intelligence and security services of the Russian Federation in efforts to undermine the independence and integrity of Ukraine (a) In general Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of State, shall submit to the appropriate congressional committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report on the role of the intelligence and security services of the Russian Federation in efforts to undermine and interfere with the independence of Ukraine. (b) Elements The report required under subsection (a) shall include— (1) an assessment of the priorities and objectives of the intelligence and security services of the Russian Federation with respect to Ukraine; (2) a detailed description of the steps taken by any intelligence or security services of the Russian Federation to undermine the stability of Ukraine or the Government of Ukraine; (3) a complete list of the branches of the intelligence or security services of the Russian Federation that have engaged in any influence efforts or campaigns to undermine the stability of Ukraine or the Government of Ukraine; (4) an assessment of— (A) the tactics and techniques used by any intelligence and security services of the Russian Federation with respect to Ukraine; (B) the success of those tactics and techniques; and (C) whether such tactics and techniques are designed or intended to undermine the stability of Ukraine or dismantle or overthrow the Government of Ukraine; and (5) any plans by the United States to provide additional support to the Government of Ukraine to prevent internal destabilization efforts, including through intelligence sharing and support for reforms and anti-corruption efforts. 206. Deepening security and economic ties with Baltic allies (a) Sense of Congress It is the sense of Congress that— (1) supporting and bolstering the security of the Baltic States of Estonia, Latvia, and Lithuania is in the national security interests of the United States; (2) the Baltic States are critical allies in countering aggression by the Government of the Russian Federation and maintaining the collective security of the NATO alliance; (3) the United States should continue to support and foster a security partnership with the Baltic States that aims to meet their security needs and provides additional capabilities and tools to help defend against aggression by the Government of the Russian Federation in the region; (4) the United States should encourage the initiative undertaken by the Baltic States to advance the Three Seas Initiative to strengthen transport, energy, and digital infrastructures among eastern Europe countries; (5) there are mutually beneficial opportunities for increased investment and economic expansion between the United States and the Baltic States; and (6) improved economic ties between the United States and the Baltic States will lead to a strengthened strategic partnership. (b) Baltic security and economic enhancement initiative (1) In general The Secretary of State shall establish an initiative to deepen and foster security and economic ties with the Baltic States. (2) Purpose and objectives The initiative established under paragraph (1) shall have the following goals and objectives: (A) Ensuring the efficient and effective delivery of security assistance to the Baltic States, prioritizing assistance that will strengthen defenses against conventional and hybrid warfare and improve interoperability with NATO forces and strengthen regional defense capabilities. (B) Bolstering United States support for the Baltic region’s physical and energy security needs. (C) Mitigating the impact of economic coercion by the Russian Federation and the People’s Republic of China on the Baltic States and identifying new opportunities for foreign direct investment and United States business ties. (D) Improving high-level engagement between the United States and the Baltic States, with a focus on improving high-level security and economic cooperation. (3) Activities The initiative established under paragraph (1) shall— (A) develop a comprehensive security assistance strategy to strengthen the defensive capabilities of the Baltic States, in coordination with other security assistance authorities, that takes into account the unique challenges of the proximity of the Baltic States to the Russian Federation and the threat of aggression against the Baltic States from the Government of the Russian Federation; (B) send high-level representatives of the Department of State to— (i) the Baltic States not less frequently than twice a year; and (ii) major regional fora on physical and energy security, including the Three Seas Initiative Summit and Business Forum and the Baltic Sea Security Conference; (C) convene an annual trade forum, in coordination with the governments of the Baltic States, to foster investment opportunities in the Baltic region for United States businesses; and (D) foster dialogue between experts from the United States and from the Baltic States on hybrid warfare, cyber defenses, economic expansion, and foreign direct investment. 207. Public disclosure of assets of Vladimir Putin and his inner circle (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in coordination with the Director of National Intelligence and the Secretary of State, shall submit to the committees specified in subsection (d) a detailed report on the personal net worth and assets of the President of the Russian Federation, Vladimir Putin, and his inner circle. (b) Elements The report required by subsection (a) shall include— (1) an identification of significant senior foreign political figures and oligarchs in the Russian Federation, as determined by their closeness to Vladimir Putin; (2) the estimated net worth and known sources of income of the individuals identified under paragraph (1), Vladimir Putin, and the family members of such individuals and Vladimir Putin (including current and former spouses, partners, birth parents of a biological child, parents, adult children, and siblings), including assets, investments, bank accounts, business interests, held in and outside of the Russian Federation, and relevant beneficial ownership information; (3) an estimate of the total annual income and personal expenditures of Vladimir Putin and his family members for calendar years 2017 through 2021; and (4) all known details about the financial practices and transparency, or lack thereof, of Vladimir Putin and the individuals identified under paragraph (1). (c) Form (1) In general The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Public availability The unclassified portion of the report required by subsection (a) shall be made available on a publicly accessible internet website. (d) Committees specified The committees specified in this subsection are— (1) the appropriate congressional committees; (2) the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (3) the Permanent Select Committee on Intelligence and the Committee on Financial Services of the House of Representatives. 208. Report on diplomatic and military impact of Russian military aggression in Ukraine on European security (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the diplomatic and military implications of Russia’s military aggression in Ukraine on the security environment of Europe. (b) Contents The report required by subsection (a) shall include— (1) an assessment of the direct impact of aggression and malign influence of the Russian Federation in and against Ukraine and throughout Europe on United States interests in Europe, including— (A) relationships with United States allies and partners; (B) the credibility of the United States and NATO; and (C) the durability of the security order in the region; (2) a description of United States diplomatic efforts to counter the malign influence and aggression of the Russian Federation against Ukraine, including— (A) an assessment of the United States diplomatic and consular presence of the United States in Central and Eastern Europe and a comparison of staffing and resource levels in the region from 2012 to 2022; (B) a description of ongoing and planned efforts to counter malign influence in Europe by the Russian Federation, including corruption, election interference, and disinformation; (C) an assessment of any gaps or shortfalls in diplomatic or programmatic activities of the United States Government to address the impact of Russian aggression and malign influence in Ukraine and throughout Europe; and (D) a description of United States diplomatic efforts— (i) to reinforce political support for NATO; (ii) to increase allied participation and contributions to NATO; and (iii) to reinforce the role of NATO in addressing security challenges in the region; (3) an assessment of how the Russian Federation’s military aggression in Ukraine and increased presence and activity in Belarus, the Baltic Sea region, and the Black Sea region has impacted United States posture and planning considerations in Europe; and (4) a description of military efforts by the United States to deter Russian aggression and increase the readiness, interoperability, and lethality of NATO allies, including— (A) a description of the military presence of the United States in the United States European Command (EUCOM); (B) an assessment of whether such presence is sufficient to execute operational plans and deterrence activities of the United States and NATO; (C) a list of prioritized capability requirements necessary for EUCOM to enhance deterrence and operational effectiveness in Europe; (D) a description of allied contributions to NATO operations; and (E) an assessment of key gaps in capability, challenges to readiness, and obstacles to interoperability among NATO militaries. 209. Energy security cooperation with allied partners in Europe (a) Short title This section may be cited as the Energy Security Cooperation with Allied Partners in Europe Act . (b) In general Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended— (1) by striking (c) For purposes and inserting the following: (c) Expedited approval process (1) Definition of covered nation (A) In general In this subsection, the term covered nation means— (i) a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas; (ii) a member country of the North Atlantic Treaty Organization; (iii) during the period described in subparagraph (B), Japan; and (iv) any other foreign country, if the Secretary of State, in consultation with the Secretary of Defense, determines that exportation of natural gas to that foreign country would promote the national security interests of the United States. (B) Period described The period referred to in subparagraph (A)(iii) is the period during which the Treaty of Mutual Cooperation and Security, signed at Washington January 19, 1960, and entered into force June 23, 1960 (11 UST 1632; TIAS 4509), between the United States and Japan, remains in effect. (2) Expedited approval For purposes ; (2) in paragraph (2) (as so designated), by striking nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas and inserting covered nation ; and (3) by adding at the end the following: (3) Effect Nothing in this subsection— (A) authorizes the use of eminent domain to seize land or land rights; or (B) waives any requirement under— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (iii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (iv) the Clean Air Act ( 42 U.S.C. 7401 et seq. ). . (c) Effective date The amendments made by this section shall apply with respect to applications for the authorization to export natural gas under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) that are pending on, or filed on or after, the date of enactment of this Act. III Measures to deter current and escalated aggression against Ukraine by the Russian Federation 301. Definitions In this title: (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 committees of Congress The term appropriate committees of Congress means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (4) 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. (5) Foreign financial institution The term foreign financial institution has the meaning given that term in regulations prescribed by the Secretary of the Treasury. (6) Foreign person The term foreign person means an individual or entity that is not a United States person. (7) 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. (8) 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. A Sanctions To deter aggression against Ukraine by the Russian Federation 311. Imposition of sanctions with respect to senior Russian defense officials related to the build-up of Russian Armed Forces along Ukraine’s border Not later than 30 days after the date of the enactment of this Act, the President shall impose the sanctions described in section 351 with respect to not fewer than 15 senior officials of any branch of the Armed Forces of the Russian Federation who have ordered, controlled, directed, or were otherwise responsible for the planning or execution of actions related to— (1) military operations in the Donbas region of Ukraine or the illegally occupied territory of Crimea; (2) the build-up of the Armed Forces of the Russian Federation along Ukraine’s border on or after October 1, 2021; or (3) other military operations that have violated the sovereignty or territorial integrity of Ukraine. 312. Imposition of sanctions with respect to Nord Stream 2 (a) In general Not later than 15 days after the date of the enactment of this Act, and every 30 days thereafter, if the President is not able to make the certification described in subsection (b), the President shall impose the sanctions described in section 351 with respect to a foreign person that is— (1) any entity established for or responsible for the planning, construction, or operation of the Nord Stream 2 pipeline or a successor entity, including Nord Stream 2 AG; or (2) any corporate officer of an entity described in paragraph (1). (b) Certification described The certification described in this subsection is a certification to the appropriate committees of Congress of each of the following: (1) The Government of Germany has provided written, public assurances that it will prevent the Nord Stream 2 pipeline from being certified or otherwise from becoming operational. (2) The Government of Germany, including any regulatory body of that Government, is taking the necessary steps to fulfill the assurances described in paragraph (1). (3) The publicly available database of the European Network of Transmission System Operators for Gas has not registered the transit of gas through the Nord Stream 2 pipeline. (c) Waiver (1) Waiver by joint resolution Sanctions under subsection (a) may be waived only if there is enacted into law a joint resolution approving such a waiver. (2) No national security waiver No waiver under section 353 or any other provision of law (other than a joint resolution described in paragraph (1)) applies with respect to sanctions under subsection (a). (d) Termination On the date on which the President has, after making an affirmative determination under section 321, imposed sanctions under section 322, this section shall no longer have any force or effect. 313. Imposition of sanctions with respect to foreign persons contributing to the destabilization of Ukraine or malicious cyber activities against Ukraine Not later than 30 days after the date of the enactment of this Act, the President shall impose the sanctions described in section 351 with respect to not fewer than 15 foreign persons that the President determines have, on or after October 1, 2021, engaged in activities, under the authority or at the direction of the Government of the Russian Federation, including through its proxies— (1) to destabilize Ukraine; or (2) that disrupt, attack, illegally infiltrate, or degrade the operations of— (A) any official website or network of the Government of Ukraine; (B) any public utility that operates in Ukraine; or (C) any critical infrastructure in Ukraine. 314. Imposition of sanctions with respect to facilitating transactions for the Russian Armed Forces (a) In general Not later than 30 days after the date of the enactment of this Act, the President shall determine whether, on or after January 1, 2021, Promsvyazbank and any of the financial institutions specified in section 323 have knowingly conducted or facilitated any transactions for any branch of the Armed Forces of the Russian Federation that has been engaged in actions directly related to— (1) military operations in the Donbas region of Ukraine or the illegally occupied territory of Crimea; (2) the build-up of the Armed Forces of the Russian Federation along Ukraine’s border on or after December 1, 2021; or (3) other military operations that have violated the sovereignty or territorial integrity of Ukraine. (b) Imposition of sanctions (1) Promsvyazbank If the President determines under subsection (a) that Promsvyazbank has conducted or facilitated any transactions described in that subsection, the President shall impose the sanctions described in section 351(1) with respect to Promsvyazbank. (2) Other Russian financial institutions If the President determines under subsection (a) that one or more of the financial institutions specified in section 323 have conducted or facilitated transactions described in subsection (a), the President shall impose the sanctions described in section 351(1) with respect to one of those financial institutions. (c) Discretionary sanctions with respect to subsidiaries and successor entities The President may impose the sanctions described in section 351(1) with respect to any entity owned or controlled by, or that is a successor to, a financial institution with respect to which sanctions are imposed under paragraph (1) or (2) of subsection (b). 315. Imposition of sanctions with respect to entities on the CAATSA section 231(e) list Not later than 30 days after the date of the enactment of this Act, the President shall impose the sanctions described in section 351 with respect to not fewer than 5 entities— (1) on the list of persons determined under section 231(e) of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525(e) ) to be part of, or to operate for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation; and (2) not designated before such date of enactment for inclusion in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. B Sanctions and other measures in response to escalation of aggression against Ukraine by the Russian Federation 321. Determination with respect to operations of the Russian Federation in Ukraine (a) In general The President shall determine, at such times as are required under subsection (b), whether— (1) the Government of the Russian Federation, including through any of its proxies, is engaged in or knowingly supporting an escalation of aggression, including through offensive cyber operations, in or against Ukraine, including compared to the level of aggression in or against Ukraine before January 1, 2022; and (2) if so, whether such escalation has the aim or effect of undermining, overthrowing, or dismantling the Government of Ukraine, occupying the territory of Ukraine, or interfering with the sovereignty or territorial integrity of Ukraine. (b) Timing of determinations The President shall make the determination described in subsection (a)— (1) not later than 15 days after the date of the enactment of this Act; (2) after the first determination under paragraph (1), not less frequently than every 30 days (or more frequently as warranted) during the 1-year period beginning on such date of enactment; and (3) after the end of that 1-year period, not less frequently than every 90 days. (c) Report required Upon making a determination under subsection (a), the President shall submit a report on the determination to— (1) the committees specified in subsection (e); (2) the majority leader and the minority leader of the Senate; and (3) the Speaker and the minority leader of the House of Representatives. (d) Congressional requests (1) In general Not later than 10 days after receiving a request from the chairman or ranking member of one of the committees specified in subsection (e) with respect to whether the Russian Federation, including through any of its proxies, has engaged in an act described in subsection (a), the President shall— (A) determine if the Russian Federation has engaged in such an act; and (B) submit a report on that determination, with a detailed explanation, to the committees specified in subsection (e). (2) Failure of presidential determination The failure of the President to submit a report required by subparagraph (B) of paragraph (1) by the date required by that paragraph shall have the same effect as if the President had made an affirmative determination under subsection (a). (e) Committees specified The committees specified in this subsection are— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 322. Imposition of sanctions with respect to Nord Stream 2 (a) In general Upon making an affirmative determination under section 321 and not later than 10 days following such a determination, the President shall impose the sanctions described in section 351 with respect to a foreign person that is— (1) any entity established for or responsible for the planning, construction, or operation of the Nord Stream 2 pipeline or a successor entity, including Nord Stream 2 AG; and (2) any corporate officer of an entity described in paragraph (1). (b) No waiver No waiver under section 353 or any other provision of law applies with respect to sanctions under subsection (a). (c) Repeal of waiver under Protecting Europe’s Energy Security Act Section 7503 of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public Law 116–92 ; 22 U.S.C. 9526 note) is amended by striking subsection (f). 323. Imposition of sanctions with respect to Russian financial institutions (a) Imposition of sanctions (1) In general (A) Specified Russian financial institutions Upon making an affirmative determination under section 321 and not later than 30 days following such a determination, the President shall impose the sanctions described in section 351(1) with respect to each of the following financial institutions: (i) VTB. (ii) VEB.RF. (iii) The Russian Direct Investment Fund. (iv) Alfa Bank. (B) Additional specified Russian financial institutions (i) In general Upon making an affirmative determination under section 321 and not later than 30 days following such a determination, the President shall, subject to clause (ii), impose the sanctions described in paragraph (1) or (2) of section 351 with respect to each of the following financial institutions: (I) Sberbank. (II) Gazprombank. (III) Credit Bank of Moscow. (IV) Rosselkhozbank. (V) FC Bank Otkritie. (VI) Promsvyazbank. (VII) Sovcombank. (VIII) Transkapitalbank. (IX) Any other comparable Russian financial institution as determined by the President. (ii) Type of sanctions The President shall impose the sanctions described in section 351(1) with respect to not fewer than 4 of the financial institutions specified in clause (i). (2) Subsidiaries and successor entities (A) In general The President shall impose, with respect to any financial institution described in subparagraph (B), the sanctions described in section 351 that the President determines are equivalent to the sanctions imposed with respect to financial institutions specified in paragraph (1). (B) Financial institutions described A financial institution described in this subparagraph is a financial institution— (i) owned or controlled by, or that is a successor to, a financial institution specified in paragraph (1); or (ii) used or established for the purpose of evading sanctions under this section. (b) Additional Russian financial institutions (1) List required Not later than 30 days after making an affirmative determination under section 321, and every 90 days thereafter, the President shall submit to the appropriate committees of Congress a list of foreign persons that the President determines— (A) are financial institutions— (i) owned or operated by the Government of the Russian Federation; or (ii) that are owned or controlled by, or are successors to, a financial institution described in clause (i); and (B) with respect to which sanctions should be imposed in the interest of national security of the United States. (2) Imposition of sanctions Upon the submission of each list required by paragraph (1), the President shall impose the sanctions described in paragraph (1) or (2) of section 351 with respect to each foreign person identified on the list. (c) Mandatory imposition of sanctions with respect to transactions with sanctioned Russian Federation financial institutions (1) In general The President shall impose one or both of the sanctions described in paragraphs (1) and (2) of section 351 with respect to a foreign financial institution that, on or after the date that is 30 days after sanctions are imposed under subsection (a) or (b), knowingly engages in a significant financial transaction with any financial institution subject to sanctions imposed under subsection (a) or (b). (2) Wind down period for the imposition of secondary sanctions The President may delay the imposition of sanctions under paragraph (1) with respect to a financial institution for not more than 30 days if the President determines it is necessary to enable non-Russian persons acting in good faith to wind down business subject to sanctions under this section. (d) Congressional disapproval of waivers (1) Report required Any waiver under section 353(b) that applies to a sanction imposed under this section shall be accompanied by a report submitted by the President to the appropriate committees of Congress stating whether the waiver— (A) is not intended to significantly alter United States foreign policy with regard to the Russian Federation; or (B) is intended to significantly alter United States foreign policy with regard to the Russian Federation. (2) Termination of waiver A waiver described in paragraph (1) shall have no force or effect on or after the date of the enactment of a joint resolution of disapproval enacted in accordance with paragraph (3) with respect to the waiver. (3) Consideration of joint resolutions of disapproval (A) Joint resolution of disapproval defined In this subsection, the term joint resolution of disapproval means a joint resolution the sole matter after the resolving clause of which is the following: Congress disapproves of the waiver under section 353(b) of the Never Yielding Europe’s Territory (NYET) Act of 2022 with respect to a sanction imposed under section 323 of that Act relating to ___. , with the blank space being filled with a short description of the matter to which the waiver relates. (B) Introduction A joint resolution of disapproval may be introduced at any time after the issuance of a waiver described in paragraph (1)— (i) in the House of Representatives, by the majority leader or the minority leader; and (ii) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee). (C) Expedited procedures The procedures set forth in paragraphs (4), (5), and (6) of section 216(c) of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9511(c) ) shall apply with respect to a joint resolution of disapproval under this paragraph to the same extent and in the same manner as such procedures apply with respect to a joint resolution under that section, except that a joint resolution of disapproval under this paragraph shall, in the Senate, be referred— (i) to the Committee on Banking, Housing, and Urban Affairs if the joint resolution relates to a waiver that is not intended to significantly alter United States foreign policy with regard to the Russian Federation, as stated in the report required by paragraph (1); and (ii) to the Committee on Foreign Relations if the joint resolution relates to a waiver that is intended to significantly alter United States foreign policy with regard to the Russian Federation, as stated in the report required by paragraph (1). (4) 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. 324. Imposition of sanctions with respect to Russian oligarchs and members of Putin’s inner circle Upon making an affirmative determination under section 321 and not later than 60 days following such a determination, the President shall impose the sanctions described in section 351 with respect to not fewer than 15 foreign persons— (1) that the President determines— (A) are listed in the classified annex submitted to Congress with the report required by section 241 of the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ; 131 Stat. 922); or (B) would be included in that annex, if that report were submitted on the date of the determination; and (2) with respect to which the President determines sanctions should be imposed in the interest of the national security of the United States. 325. Imposition of sanctions with respect to officials of the Government of the Russian Federation relating to operations in Ukraine (a) In general Upon making an affirmative determination under section 321 and not later than 60 days following such a determination, the President shall impose the sanctions described in section 351 with respect to each of the officials specified in subsection (b). (b) Officials specified The officials specified in this subsection are the following: (1) The President of the Russian Federation. (2) The Prime Minister of the Russian Federation. (3) The Foreign Minister of the Russian Federation. (4) The Minister of Defense of the Russian Federation. (5) The Chief of the General Staff of the Armed Forces of the Russian Federation. (6) The Commander-in-Chief of the Land Forces of the Russian Federation. (7) The Commander-in-Chief of the Aerospace Forces of the Russian Federation. (8) The Commander of the Airborne Forces of the Russian Federation. (9) The Commander-in-Chief of the Navy of the Russian Federation. (10) The Commander of the Strategic Rocket Forces of the Russian Federation. (11) The Commander of the Special Operations Forces of the Russian Federation. (12) The Commander of Logistical Support of the Armed Forces of the Russian Federation. (c) Additional officials (1) List required Not later than 30 days after making an affirmative determination under section 321 and every 90 days thereafter, the President shall submit to the appropriate committees of Congress a list of foreign persons that the President determines— (A) are— (i) senior officials of any branch of the Armed Forces of the Russian Federation leading any of the operations described in section 321; or (ii) senior officials of the Government of the Russian Federation, including any intelligence agencies or security services of the Russian Federation, with significant roles in planning or implementing such operations; and (B) with respect to which sanctions should be imposed in the interest of the national security of the United States. (2) Imposition of sanctions Upon the submission of each list required by paragraph (1), the President shall impose the sanctions described in section 351 with respect to each foreign person on the list. 326. Prohibition on and imposition of sanctions with respect to transactions involving Russian sovereign debt (a) Prohibition on transactions Upon making an affirmative determination under section 321 and not later than 30 days following such a determination, the President shall prohibit all transactions by United States persons involving the sovereign debt of the Government of the Russian Federation issued on or after the date of the enactment of this Act, including governmental bonds. (b) Imposition of sanctions with respect to state-Owned enterprises (1) In general Not later than 60 days after making an affirmative determination under section 321, the President shall identify and impose the sanctions described in section 351 with respect to foreign persons that the President determines engage in transactions involving the debt— (A) of not fewer than 10 entities owned or controlled by the Government of the Russian Federation; and (B) that is not subject to any other sanctions imposed by the United States. (2) Applicability Sanctions imposed under paragraph (1) shall apply with respect to debt of an entity described in subparagraph (A) of that paragraph that is issued after the date that is 90 days after the President makes an affirmative determination under section 321. (c) List; imposition of sanctions Not later than 30 days after making an affirmative determination under section 321, and every 90 days thereafter, the President shall— (1) submit to the appropriate committees of Congress a list of foreign persons that the President determines are engaged in transactions described in subsection (a); and (2) impose the sanctions described in section 351 with respect to each such person. 327. Imposition of sanctions with respect to Russian extractive industries (a) Identification Not later than 60 days after making an affirmative determination under section 321, the President shall identify foreign persons in any of the sectors or industries of the Russian Federation described in subsection (b) with respect to which the President determines sanctions should be imposed in the interest of the national security of the United States. (b) Sectors and industries described The sectors and industries of the Russian Federation described in this subsection are the following: (1) Oil and gas extraction and production. (2) Metals extraction, mining, and production. (3) Minerals extraction and processing. (4) Any other sector or industry with respect to which the President determines the imposition of sanctions is in the United States national security interest. (c) List; imposition of sanctions Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report describing efforts by the United States to— (1) mitigate the impact of Russian restrictions on natural gas, coal, and oil exports to Europe; (2) ensure sufficient energy supplies to Europe in the event of the imposition of the sanctions under subsection (a); and (3) implement the requirements under section 209 to address energy supply shortfalls caused by the imposition of sanctions under subsection (a) or the termination of energy supplies by the Russian Federation. 328. Imposition of sanctions with respect to Belarus related to the build-up of Russian Armed Forces along Ukraine’s border Upon making an affirmative determination under section 321 and not later than 30 days following such a determination, if the territory of the Republic of Belarus was used as a point of origin for Russian aggression covered by the determination, the President shall impose the sanctions described in section 351 with respect to— (1) not fewer than 15 senior officials of the Armed Forces of the Republic of Belarus; (2) not fewer than 15 senior officials who are members of the current leadership of the Republic of Belarus; and (3) not fewer than 2 of the following financial institutions: (A) Belarusbank. (B) BPS-Sberbank. (C) Belinvestbank. (D) The Development Bank of Belarus. (E) Alfa Bank Belarus. (F) BSB Bank. 329. Prohibition on investment in occupied Ukrainian territory The sale, trade, transfer, and investment of goods or services by a United States person in regions of Ukraine occupied by a third country are prohibited until the Secretary of State certifies that each such region is under the jurisdiction of the Government of Ukraine. C Other matters 341. Reports on limitation on exemption from registration under the Foreign Agents Registration Act of 1938, as amended, for persons filing disclosure reports under the Lobbying Disclosure Act of 1995 who are acting on behalf of Russian entities (a) In general Not later than 45 days after the date of enactment of this Act and every 90 days thereafter, the Attorney General, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress with oversight over compliance by an agent of a foreign principal representing interests of the Government of the Russian Federation or entities under the control or influence of the Government of the Russian Federation with the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq. ), a report, the contents of which are described in subsection (b). (b) Contents The report required under subsection (a) shall— (1) include a list of all filings made under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ) during the applicable reporting period described in subsection (c) by any agent of a foreign principal that is based in the Russian Federation or on behalf of any company or economic project that is more than 33-percent owned or controlled by the Government of the Russian Federation, a Russian state-owned enterprise, or an individual on the list described in section 324; (2) for each filing that meets the requirements of paragraph (1)— (A) list the name of the agent of the foreign principal filing the disclosure and the foreign principal or project on whose behalf the agent is filing; and (B) describe the nexus between the foreign principal listed in the registration and the company or economic project that is based in the Russian Federation or more than 33-percent owned or controlled by the Government of the Russian Federation, Russian state-owned enterprise, or an individual described in section 324; (3) include a list of all enforcement actions taken under the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq. ), or the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ) during the applicable reporting period described in subsection (c) against an agent of a foreign principal that is based in the Russian Federation or on behalf of any economic project that is more than 33-percent owned or controlled by the Government of the Russian Federation, Russian state-owned enterprise, or an individual on the list described in section 324; (4) describe any gaps in oversight or enforcement challenges to combatting abuse of or improper registrations under the exemption under section 3(h) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 613(h) ); and (5) include an assessment of whether any changes to the exemption under section 3(h) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 613(h) ), are necessary to ensure sufficient safeguards against malign influence activities by the Government of the Russian Federation or entities under the control or influence of the Government of the Russian Federation. (c) Reporting period For purposes of a report required under subsection (a), the report shall cover— (1) in the case of the initial report, calendar year 2021 and the first quarter of calendar year 2022; and (2) in the case of each subsequent report, the quarter of the calendar year preceding the report. D General provisions 351. Sanctions described The sanctions to be imposed with respect to a foreign person under this title are the following: (1) Property blocking The President shall exercise all of the powers granted by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person 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) Restrictions on correspondent and payable-through accounts In the case of a foreign financial institution, the President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution. (3) Aliens inadmissible for visas, admission, or parole (A) Visas, admission, or parole In the case of an alien, the alien is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general The visa or other entry documentation of an alien described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. 352. Implementation; regulations; penalties (a) Implementation The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this title. (b) Regulations The President shall issue such regulations, licenses, and orders as are necessary to carry out this title. (c) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this title or any regulation, license, or order issued to carry out this title shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. 353. Exceptions; waiver (a) Exceptions (1) Exception for intelligence activities This title 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. (2) Exception for compliance with international obligations and law enforcement activities Sanctions under this title shall not apply with respect to an alien if 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. (3) Humanitarian exception Sanctions under this title shall not apply with respect to any person for conducting or facilitating a transaction for the provision (including any sale) of agricultural commodities, food, medicine, or medical devices to the Russian Federation. (b) National security waiver The President may waive the imposition of sanctions under this title 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 committees of Congress a notification of the waiver and the reasons for the waiver. 354. Termination The President may terminate the sanctions imposed under this title after determining and certifying to the appropriate committees of Congress that the Government of the Russian Federation has— (1) verifiably withdrawn all of its forces from all territory of Ukraine that was not occupied or subject to control by forces or proxies of the Government of the Russian Federation before December 1, 2021; (2) ceased supporting proxies in such territory; and (3) entered into an agreed settlement with a legitimate democratic government of Ukraine. IV Humanitarian assistance to Ukraine 401. Humanitarian assistance to Ukraine (a) Sense of Congress It is the sense of Congress that the United States Government, in coordination with international organizations, other donors, and local partners, must be prepared to launch an immediate and targeted humanitarian response to avert disaster in the event of a Russian invasion into Ukraine. (b) Assistance described (1) In general The Secretary of State and the Administrator of the United States Agency for International Development, consistent with the authorities under chapters 1 and 9 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. , 22 U.S.C. 2292 et seq. ), shall accelerate contingency planning for an immediate humanitarian response to a Russian invasion into Ukraine, including, as practicable and appropriate, support for— (A) the prepositioning of food and non-food humanitarian commodities; (B) the recruitment of staff and enabling mechanisms for disaster assistance response teams; (C) medical support for civilian casualties of conflict; (D) assistance for internally displaced persons and the communities hosting them; (E) the adaptation and expansion of transition initiatives that promote stabilization and early recovery; and (F) protection services for humanitarian actors and civil society organizations working to address humanitarian needs and build resilience to Russian aggression. (c) Congressional briefing Not later than 5 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall brief the appropriate congressional committees on the comprehensive United States Government strategy to avert a humanitarian catastrophe in Ukraine. 402. Limitations on humanitarian assistance (a) Limitation None of the funds authorized to be appropriated or otherwise made available by this Act may be made available for assistance for the Government of the Russian Federation. (b) Annexation of Crimea (1) Prohibition (A) In general None of the funds authorized to be appropriated or otherwise made available by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the House of Representatives has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea or any other territory in Ukraine. (B) Waiver The Secretary may waive the restriction on assistance under subparagraph (A) if the Secretary determines and reports to the committees described in such subparagraph that the waiver is in the national security interest of the United States, and includes a justification for such interest. (2) Limitation None of the funds authorized to be appropriated or otherwise made available by this Act may be made available for— (A) the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or any other territory in Ukraine; (B) the facilitation, financing, or guarantee of United States Government investments in Crimea or other territory in Ukraine under the control of the Government of the Russian Federation or Russian-backed separatists, if such activity includes the participation of officials of the Government of the Russian Federation or other Russian-owned or -controlled financial entities; or (C) assistance for Crimea or other territory in Ukraine under the control of the Government of the Russian Federation or Russian-backed separatists, if such assistance includes the participation of Russian Government officials of the Government of the Russian Federation or other Russian-owned or -controlled financial entities. (3) International financial institutions The Secretary of the Treasury shall instruct the United States executive directors of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institution (including any loan, credit, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine. (4) Duration The requirements and limitations of this subsection shall cease to be in effect if the President certifies to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives that the Government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of the Government of the Russian Federation or Russian-backed separatists and the Government of the Russian Federation has returned to their garrisons all troops currently on the internationally recognized border of Ukraine as of February 1, 2022. V General provisions 501. Sunset The provisions of titles I, II, and IV shall terminate on the date that is 5 years after the date of the enactment of this Act. 502. Exception relating to importation of goods (a) In general Notwithstanding any other provision of this Act, the authority or a requirement to impose sanctions under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good defined In this section, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. 503. Prohibition of funds No funds appropriated or authorized to be appropriated in this Act may be used to support— (1) any entity occupying the seat of government in Ukraine which is not internationally recognized as the legitimate government of Ukraine; or (2) any entity under the direct control of the Government of the Russian Federation. | https://www.govinfo.gov/content/pkg/BILLS-117s3652is/xml/BILLS-117s3652is.xml |
117-s-3653 | II 117th CONGRESS 2d Session S. 3653 IN THE SENATE OF THE UNITED STATES February 15, 2022 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To direct the Director of the Office of Management and Budget to require the disclosure of violations of Federal law with respect to human trafficking or alien smuggling, and for other purposes.
1. Short title This Act may be cited as the Protecting Federal Funds from Human Trafficking and Smuggling Act of 2022 . 2. Mandatory disclosures of human trafficking and alien smuggling (a) Limitation on award of Federal funds (1) Future recipients Beginning not later than 120 days after the date of the enactment of this Act, no Federal funds may be awarded to a nonprofit entity unless such entity submits to the Director of the Office of Management and Budget a certification that the entity— (A) is in compliance with Federal law with respect to human trafficking, alien smuggling, fraud, bribery, and gratuity; and (B) has not been convicted of an offense under section 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ). (2) Current and prior recipients (A) In general Not later than 60 days after the date of the enactment of this Act, each nonprofit entity that is in receipt of awarded Federal funds as of the date of the enactment of this Act, or was awarded Federal funds before January 1, 2021, and remains engaged in the activities for which such Federal funds were awarded, shall submit to the Director of the Office of Management and Budget a certification that the entity— (i) is in compliance with Federal law with respect to human trafficking, alien smuggling, fraud, bribery, and gratuity; and (ii) has not been convicted of an offense under section 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ). (B) Effect of noncompliance If an entity referred to in subparagraph (A) does not submit the certification required under such subparagraph before the date referred to in such subparagraph, or the Director of the Office of Management and Budget determines that the entity has violated section 274(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A) ), the entity shall reimburse the Federal Government for any Federal funds the entity received for the fiscal year in which such noncompliance occurred. (b) Denial of tax exemption Section 503 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (g) Denial of exemption for not meeting certain certification requirement (1) In general An organization described in section 501(c) shall not be exempt from taxation under section 501(a) if— (A) such organization does not submit the certification required under section 2(a) of the Protecting Federal Funds from Human Trafficking and Smuggling Act of 2022 ; or (B) the Director of the Office of Management and Budget determines that such organization has violated section 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ). (2) Re-application for exemption Beginning on the date that is one year after the date on which an organization described in section 501(c) is determined not to be exempt under paragraph (1), such organization may reapply to be exempt from taxation under section 501(a). . (c) Reporting requirement Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall— (1) develop a written strategy and best practices guide for nonprofit entities to ensure the entities comply with Federal law, including how to detect, deter, and report human trafficking and alien smuggling; (2) publish, on an internet website of the Department of Homeland Security, information regarding violations of any nonprofit entity that pertains to compliance with Federal and State laws involving human trafficking and alien smuggling; and (3) develop a written strategy to improve cooperation with nonprofit entities and Federal and State law enforcement agencies with respect to improving cooperation on deterring, detecting, reporting, and removing aliens. (d) Report by Comptroller General Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to Congress that identifies each failure by a nonprofit entity to comply with the certification requirement under subsection (a) during the reporting period. (e) Applicability The requirement under subsection (a) shall apply to any nonprofit entity awarded Federal funding, including any nonprofit entity that has an agreement, contract, award, or relationship with the Federal Government on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3653is/xml/BILLS-117s3653is.xml |
117-s-3654 | II 117th CONGRESS 2d Session S. 3654 IN THE SENATE OF THE UNITED STATES February 15, 2022 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend chapter 31 of title 31, United States Code, to provide procedures for congressional disapproval of the issuance of additional debt.
1. Short title This Act may be cited as the Debt Ceiling Reform Act . 2. Procedures for congressional disapproval of issuance of additional debt Section 3101 of title 31, United States Code, is amended to read as follows: 3101. Public debt limit (a) Definition of joint resolution In this section, the term joint resolution means a joint resolution— (1) that is introduced during the period— (A) beginning on the date on which a certification under subsection (b)(1) is received; and (B) ending on the date that is 3 calendar days after the date described in subparagraph (A) (or, if a House was not in session, the next calendar day on which that House is in session); (2) which does not have a preamble; (3) the title of which is only as follows: Joint resolution relating to the disapproval of the President’s exercise of authority to issue additional debt, as submitted under section 3101 of title 31, United States Code, on ______ (with the blank space being filled in with the date on which the applicable certification under subsection (b)(1) was received); and (4) the matter after the resolving clause of which is only as follows: That Congress disapproves of the President’s exercise of the authority to issue additional debt, as exercised pursuant to the certification under section 3101(b) of title 31, United States Code. . (b) Certification (1) In general The President shall submit to Congress a written certification whenever the President determines that the debt is within $100,000,000,000 of a $1,000,000,000,000 increment and that further borrowing is required to meet existing commitments. (2) Authority to issue debt after certification Subject to the requirements of this section, the United States may issue additional debt as necessary to meet existing commitments on and after the date on which the President submits a written certification to Congress under paragraph (1). (3) Resolution of disapproval Congress may consider a joint resolution relating to each certification submitted by the President under paragraph (1). (c) Enactment of joint resolution The United States may not issue additional debt if, not later than 50 calendar days after the date on which Congress receives a certification submitted under subsection (b)(1) (regardless of whether Congress is in session), there is enacted into law a joint resolution disapproving the President’s exercise of authority to issue additional debt. (d) Expedited consideration in the House of Representatives (1) Reconvening Upon receipt of a certification submitted under subsection (b)(1), the Speaker, if the House of Representatives would otherwise be adjourned, shall notify the Members of the House of Representatives that, pursuant to this section, the House of Representatives shall convene not later than the second calendar day after receipt of such certification. (2) Reporting and discharge Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House of Representatives without amendment not later than 5 calendar days after the date of introduction of the joint resolution. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. (3) Proceeding to consideration After each committee authorized to consider a joint resolution reports it to the House of Representatives or has been discharged from its consideration, it shall be in order, not later than the sixth day after introduction of the joint resolution, to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order with respect to a joint resolution relating to a certification after the House of Representatives has disposed of a motion to proceed that 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. (4) Consideration A joint resolution shall be considered as read. All points of order against a joint resolution and against its consideration are waived. An amendment to a joint resolution is not in order. The previous question shall be considered as ordered on a joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of a joint resolution shall not be in order. (e) Expedited procedure in the Senate (1) Reconvening Upon receipt of a certification under subsection (b)(1), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of such message. (2) Placement on calendar Upon introduction in the Senate, a joint resolution shall be immediately placed on the calendar. (3) Floor consideration (A) In general Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the day after the date on which Congress receives a certification under subsection (b)(1) and ending on the 6th day after the date on which Congress receives the certification (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of a joint resolution relating to the certification, 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. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. (B) Consideration Consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to a joint resolution, a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit a joint resolution is not in order. (C) Vote on passage If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (D) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. (f) Coordination with action by other House (1) In general If, before passing a joint resolution relating to a certification under subsection (b)(1), one House receives from the other a joint resolution relating to the same certification— (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. (2) Treatment of joint resolution of other house If the Senate fails to introduce or consider a joint resolution under this section relating to a certification under subsection (b)(1), the joint resolution of the House relating to the same certification shall be entitled to expedited floor procedures under this section. (3) Treatment of companion measures If, following passage of a joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (4) Consideration after passage (A) In general If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (c). (B) Veto message Debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. (5) Veto override If, within the calendar day period described in subsection (c), Congress overrides a veto of a joint resolution relating to a certification submitted under subsection (b)(1), the United States may not issue any additional debt this chapter. (g) Rules of House of Representatives and Senate This subsection and subsections (a), (d), (e), and (f) are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and they supersede other rules only to the extent that they are inconsistent with such rules; and (2) 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. (h) Debt defined (1) In general For purposes of this section, the term debt means the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury). (2) Determination of face amount (A) In general For purposes of this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. (B) Certain obligations not redeemable before maturity For purposes of this section, the face amount, for any month, of any obligation issued on a discount basis that is not redeemable before maturity at the option of the holder of the obligation is an amount equal to the sum of— (i) the original issue price of the obligation, plus (ii) the portion of the discount on the obligation attributable to periods before the beginning of such month (as determined under the principles of section 1272(a) of the Internal Revenue Code of 1986 without regard to any exceptions contained in paragraph (2) of such section). . 3. Repeal of expired provision (a) Repeal Section 3101A of title 31, United States Code, is repealed. (b) Clerical amendment The table of sections for subchapter I of chapter 31 of title 31, United States Code, is amended by striking the item relating to section 3101A. 4. Technical and conforming amendments (a) In general (1) Section 8348 of title 5, United States Code, is amended by striking subsections (j), (k), and (l). (2) Section 8438 of title 5, United States Code, is amended by striking subsections (g) and (h). (3) Section 14(d)(2)(A) of the Federal Deposit Insurance Act ( 12 U.S.C. 1824(d)(2)(A) ) is amended— (A) by striking in section 3101(b) and inserting under section 3101 ; and (B) by striking an obligation to which such limit applies and inserting debt, as defined in subsection (h) of such section . (b) Savings provisions Notwithstanding the amendments made by paragraphs (1) and (2) of subsection (a)— (1) paragraphs (2), (3), and (4) of subsection (j) and subsection (l)(1) of section 8348 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to any debt issuance suspension period (as defined under section 8348(j)(5) of such title) that is in effect on the date of enactment of this Act; and (2) paragraphs (2), (3), and (4) of subsection (g) and subsection (h)(1) of section 8438 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to any debt issuance suspension period (as defined under section 8438(g)(6) of such title) that is in effect on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3654is/xml/BILLS-117s3654is.xml |
117-s-3655 | II 117th CONGRESS 2d Session S. 3655 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Ossoff (for himself and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Civil Rights Cold Case Records Collection Act of 2018 to extend the termination date of the Civil Rights Cold Case Records Review Board.
1. Short title This Act may be cited as the Civil Rights Cold Case Investigations Support Act of 2022 . 2. Civil Rights Cold Case Records Review Board extension of tenure Section 5(n)(1) of Civil Rights Cold Case Records Collection Act of 2018 ( 44 U.S.C. 2107 note; Public Law 115–426 ) is amended— (1) by striking 4 years and inserting 7 years ; and (2) by striking 4-year period and inserting 7-year period . | https://www.govinfo.gov/content/pkg/BILLS-117s3655is/xml/BILLS-117s3655is.xml |
117-s-3656 | II 117th CONGRESS 2d Session S. 3656 IN THE SENATE OF THE UNITED STATES February 16, 2022 Ms. Murkowski (for herself and Mr. Cardin ) 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 provide hereditary cancer genetic testing for individuals with a history of a hereditary cancer gene mutation in a blood relative or a personal or ancestral history suspicious for hereditary cancer, and to provide coverage of certain cancer screenings or preventive surgeries that would reduce the risk for individuals with a germline (inherited) mutation associated with a high risk of developing a preventable cancer.
1. Short title This Act may be cited as the Reducing Hereditary Cancer Act of 2022 . 2. Hereditary cancer genetic testing of individuals with a family history of a hereditary cancer gene mutation or personal or family history suspicious for hereditary cancer (a) Coverage Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) by striking and at the end of subparagraph (GG); (B) by striking the period and inserting ; and at the end of subparagraph (HH); and (C) by inserting after subparagraph (HH) the following new subparagraph: (II) in the case of an individual with a personal or family history of a hereditary cancer gene mutation or a personal or family history suspicious for hereditary cancer, germline mutation testing. ; and (2) by adding at the end the following new subsection: (lll) Germline mutation testing The term germline mutation testing means genetic testing for germline mutations that is in accordance with evidence-based, clinical practice guidelines specifically addressing genetic testing, screening, and management of individuals with inherited mutations associated with increased cancer risk that— (1) have been developed by a nationally recognized oncology professional organization, including the National Comprehensive Cancer Network, the American Society of Clinical Oncology, the Society of Gynecologic Oncology, or any other oncology professional organization specified by a medicare administrative contractor with a contract under section 1874A; and (2) in the case of conflicting guidelines developed by more than one nationally recognized oncology professional organization, the least restrictive of such guidelines, as determined by such a medicare administrative contractor. . (b) Frequency Section 1862(a)(1) of the Social Security Act ( 42 U.S.C. 1395y(a)(1) ) is amended— (1) by striking and at the end of subparagraph (O); (2) by adding and at the end of subparagraph (P); and (3) by adding at the end the following new subparagraph: (Q) in the case of germline mutation testing as defined in section 1861(lll), which is performed more than once with respect to an individual described in such section; . (c) Effective date The amendments made by this section shall apply to testing furnished on or after the date of the enactment of this Act. 3. Coverage of certain preventive surgeries (a) In general Section 1862 of the Social Security Act ( 42 U.S.C. 1395y ) is amended by adding at the end the following new subsection: (p) Coverage of certain risk-Reducing surgeries In the case of an individual described in section 1861(s)(2)(II) for whom, based on evidence-based, clinical practice guidelines described in section 1861(lll), surgery would reduce the risk of developing cancer, such risk-reducing surgery shall be considered reasonable and necessary for treatment of illness under subsection (a)(1)(A). . (b) Effective date The amendment made by subsection (a) shall apply to items and services furnished on or after the date of the enactment of this Act. 4. Coverage of evidence-based screenings for individuals with a hereditary cancer gene mutation (a) In general Section 1862 of the Social Security Act ( 42 U.S.C. 1395y ), as amended by section 3, is amended by adding at the end the following new subsection: (q) Coverage of evidence-Based screenings for individuals with a hereditary cancer gene mutation In the case of an individual who is determined pursuant to genetic testing to have a hereditary cancer (germline) gene mutation, the Secretary shall increase any frequency limitations (or other limitations on coverage otherwise applicable under this title) for any evidence-based screenings furnished to such individual, to be in compliance with evidence-based, clinical practice guidelines described in section 1861(lll), or as determined appropriate by the Secretary, but not less frequently than on an annual basis. For the purposes of this subsection, evidence-based screenings shall include screening mammography, breast screening MRI, colonoscopy, PSA testing, and any additional evidence-based screening modalities appropriate for high-risk individuals as recommended by such guidelines. . (b) Conforming amendment for screening mammography Section 1834(c)(2)(A) of the Social Security Act ( 42 U.S.C. 1395m(c)(2)(A) ) is amended, in the matter preceding clause (i), by striking subparagraph (B) and inserting subparagraph (B) and section 1862(q) . (c) Effective date The amendments made by this section shall apply to items and services furnished on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3656is/xml/BILLS-117s3656is.xml |
117-s-3657 | II 117th CONGRESS 2d Session S. 3657 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Thune (for himself, Mrs. Blackburn , Mr. Cramer , Mr. Cotton , Mr. Cruz , Mr. Daines , Ms. Ernst , Mr. Hoeven , Mrs. Hyde-Smith , Mr. Sullivan , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence A BILL To require the Director of National Intelligence to provide notification to Congress of abandoned United States military equipment used in terrorist attacks.
1. Notification of abandoned United States military equipment used in terrorist attacks (a) In general Not later than 30 days after any element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) determines that United States military equipment abandoned or otherwise left unsecured in Afghanistan, Iraq, or Syria has been used in a terrorist attack against the United States, allies or partners of the United States, or local populations, the Director of National Intelligence shall submit to the appropriate committees of Congress a written notification of such determination that includes any known details relating to— (1) the equipment used in the attack; (2) the date on which, and the location from which, the equipment left United States custody; (3) attribution for the orchestrators of the attack; and (4) the total number of deaths and casualties caused by the attack. (b) Appropriate committees of congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Select Committee on Intelligence, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3657is/xml/BILLS-117s3657is.xml |
117-s-3658 | II 117th CONGRESS 2d Session S. 3658 IN THE SENATE OF THE UNITED STATES February 16, 2022 Ms. Rosen (for herself and Mr. Boozman ) 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 for interest-free deferment on student loans for borrowers serving in a medical or dental internship or residency program.
1. Short title This Act may be cited as the Resident Education Deferred Interest Act or the REDI Act . 2. Deferment during a medical or dental internship or residency program Section 455(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(f) ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking A borrower and inserting Except as provided in paragraph (6), a borrower ; (2) in paragraph (2)(A)— (A) in clause (i), by striking or after the semicolon; (B) by striking the matter following clause (ii); (C) in clause (ii), by striking the comma at the end and inserting ; or ; and (D) by adding at the end the following: (iii) is serving in a medical or dental internship or residency program; ; and (3) by adding at the end the following: (6) Special rule for certain in school deferment Notwithstanding any other provision of this Act, a borrower described in paragraph (2)(A)(iii) shall be eligible for a deferment, during which periodic installments of principal need not be paid and interest shall not accrue on any loan made to the borrower under this part. . | https://www.govinfo.gov/content/pkg/BILLS-117s3658is/xml/BILLS-117s3658is.xml |
117-s-3659 | II 117th CONGRESS 2d Session S. 3659 IN THE SENATE OF THE UNITED STATES February 16, 2022 Ms. Collins (for herself, Mr. Brown , Mr. Cassidy , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To exempt premium pay received by semi-retired workers during the COVID–19 pandemic from the Social Security retirement earnings test.
1. Short title This Act may be cited as the Supporting Essential Workers in Retirement Act . 2. Exemption of premium pay received by workers during the COVID–19 pandemic from the Social Security retirement earnings test (a) In general For purposes of subsection (b) of section 203 of the Social Security Act ( 42 U.S.C. 403 ), the amount of any additional earnings received by an individual that is attributable to the individual's receipt of premium pay shall not be included in the determination of the individual's excess earnings under subsection (f)(3) of such section for any taxable year. (b) Definitions In this section: (1) COVID–19 emergency period The term COVID–19 emergency period means the period that begins on March 13, 2020, and ends on December 31, 2021. (2) Essential work The term essential work means any work that— (A) is performed during the COVID–19 emergency period; and (B) is needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each Governor of a State or territory, or each Tribal government, may have designated as critical to protect the health and well-being of the residents of their State, territory, or Tribal government pursuant to section 602(g)(2) of the Social Security Act ( 42 U.S.C. 802(g)(2) ). (3) Premium pay The term premium pay means— (A) a higher rate of pay to workers, beyond normal compensation, for performing essential work during the COVID–19 emergency period; or (B) compensation paid to a worker for hours of essential work performed in addition to the worker's normal work schedule that results in the worker receiving a higher average weekly compensation compared to the average weekly compensation received by the worker for work performed in the same position for the same employer during the period that begins on January 1, 2020, and ends on March 13, 2020, or, if less, the average weekly compensation received by the worker for work performed in the same position for the same employer during any portion of such period that is not less than 14 consecutive days. (c) Employer Verification (1) In general Not later than 30 days after the date of the enactment of this Act, the Commissioner of Social Security shall issue guidance providing for the verification by employers of record for employees who performed essential work during the COVID–19 emergency period of premium pay disbursed to such employees using Form SSA–131, Employer Report of Special Payments. (2) Notice to employees Not later than 90 days after the date of issuance of such guidance, employers shall inform employees who performed essential work during the COVID–19 emergency period of their eligibility to elect to have their premium pay excluded in the determination of the individual’s excess earnings under section 203(f)(3) of the Social Security Act ( 42 U.S.C. 403(f)(3) ) for any taxable year. | https://www.govinfo.gov/content/pkg/BILLS-117s3659is/xml/BILLS-117s3659is.xml |
117-s-3660 | II 117th CONGRESS 2d Session S. 3660 IN THE SENATE OF THE UNITED STATES February 16, 2022 Ms. Ernst (for herself, Mr. Casey , Mr. Cramer , and Ms. Duckworth ) 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 make diapers an allowable expense for purposes of health flexible spending arrangements and health savings accounts.
1. Short title This Act may be cited as the Diaper Inclusion in Accounts for Parental Expense Reduction Act or the DIAPER Act . 2. Inclusion of diapers as qualified medical expenses (a) HSAs Section 223(d)(2) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (A), by striking products in the second sentence and inserting products and diapers , and (2) by adding at the end the following: (E) Diaper For purposes of this paragraph, the term diaper means a disposable absorbent garment for infants to be used for the purposes of maintaining the health of the infant by ensuring excreta is collected. . (b) FSAs Section 106(f) of the Internal Revenue Code of 1986 is amended— (1) by striking shall be treated and inserting and diapers (as defined in section 223(d)(2)(E)) shall be treated , and (2) by inserting and diapers in the heading after products . (c) Effective date The amendments 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-117s3660is/xml/BILLS-117s3660is.xml |
117-s-3661 | II 117th CONGRESS 2d Session S. 3661 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Rubio (for himself, Mr. Cassidy , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Natural Gas Act to authorize expedited approval of applications to export natural gas to certain allies of the United States, and for other purposes.
1. Short title This Act may be cited as the Expediting Natural Gas Exports to Allies Act . 2. Natural gas exports to allies and strategic partners (a) Finding Congress finds that expediting the approval of natural gas export applications for projects intended to increase the capacity of the United States to export natural gas to allies and strategic partners will— (1) empower United States natural gas exporters to better assist the strategic and national security interests of the United States and allies and strategic partners of the United States; and (2) lead to job growth, economic development, and energy security. (b) Natural gas exports Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended— (1) by striking (c) For purposes and inserting the following: (c) Expedited application and approval process (1) Definition of covered nation (A) In general In this subsection, the term covered nation — (i) means an ally described in section 3(b)(2) of the Arms Export Control Act ( 22 U.S.C. 2753(b)(2) ); and (ii) during the period described in subparagraph (B), includes Cyprus, Finland, Moldova, Sweden, Taiwan, and Ukraine. (B) Period described The period described in this subparagraph is the period— (i) beginning on the date of enactment of the Expediting Natural Gas Exports to Allies Act ; and (ii) ending on December 31, 2026, or such later date as the President determines is in the interest of national defense (as defined in section 702 of the Defense Production Act of 1950 ( 50 U.S.C. 4552 )) or is otherwise in the interests of the United States. (2) Expedited approval Except as provided in paragraph (3), for purposes ; (2) in paragraph (2) (as so designated), by inserting the exportation of natural gas to a covered nation, before or the exportation ; and (3) by adding at the end the following: (3) Exclusions (A) Nations subject to sanctions The Commission shall not grant expedited approval under paragraph (2) of an application for exportation of natural gas to any nation that is subject to sanctions or trade restrictions imposed by the United States. (B) Nations designated by Congress The Commission shall not grant expedited approval under paragraph (2) of an application for exportation of natural gas to any nation designated by an Act of Congress as excluded from such expedited approval for reasons of national security. . (c) Effect The amendments made by subsection (b) shall not affect any Federal authorization to export natural gas from the United States to a foreign nation or to import natural gas into the United States from a foreign nation that is in effect on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3661is/xml/BILLS-117s3661is.xml |
117-s-3662 | II 117th CONGRESS 2d Session S. 3662 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Peters (for himself, Mr. Moran , Ms. Duckworth , Mrs. Capito , Ms. Klobuchar , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To temporarily increase the cost share authority for aqueous film forming foam input-based testing equipment, and for other purposes.
1. Short title This Act may be cited as the Preventing PFAS Runoff at Airports Act . 2. Temporary increased cost share authority for aqueous film forming foam input-based testing equipment (a) In general Section 47109 of title 49, United States Code, is amended by adding at the end the following new subsection: (g) Special rule for covered equipment (1) In general The Government's share of allowable project costs for covered equipment and its installation shall be 100 percent. (2) Definition of covered equipment For purposes of this subsection, the term covered equipment means aqueous film forming foam input-based testing equipment that is eligible for Airport Improvement Program funding based on PGL 21–01, titled Extension of Eligibility for stand-alone acquisition of input-based testing equipment and truck modification , dated October 5, 2021 (or any other successor program guidance letter). (3) Sunset The higher cost share authority established in this subsection shall terminate 180 days after the date on which the eligibility of covered equipment for Airport Improvement Program funding under the authority described in paragraph (2) terminates or is discontinued by the Administrator, whichever is earlier. . (b) Outreach efforts Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall conduct an outreach effort to make airports aware of the higher cost share authority established in section 47109(g) of title 49, United States Code, as added by subsection (a). (c) Forward-Looking airports Not later than 18 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that reviews— (1) potential options for Congress to reimburse airports that— (A) are certificated under part 139 of title 14, Code of Federal Regulations; and (B) acquired covered equipment (as defined in section 47109(g) of title 49, United States Code) as added by subsection (a), without Federal funding; (2) information relevant to estimating the potential cost of providing such reimbursement; (3) the status of the Federal Aviation Administration’s outreach efforts as required under subsection (b); and (4) any additional information the Administrator of the Federal Aviation Administration considers appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s3662is/xml/BILLS-117s3662is.xml |
117-s-3663 | II 117th CONGRESS 2d Session S. 3663 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Blumenthal (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To protect the safety of children on the internet.
1. Short title; table of contents (a) Short title This Act may be cited as the Kids Online Safety Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Duty of care. Sec. 4. Safeguards for minors. Sec. 5. Disclosure. Sec. 6. Transparency. Sec. 7. Independent research. Sec. 8. Market research. Sec. 9. Age verification study and report. Sec. 10. Enforcement. Sec. 11. Kids Online Safety Council. Sec. 12. Authorization of appropriations. Sec. 13. Effective date. Sec. 14. Severability. 2. Definitions In this Act: (1) Algorithmic recommendation system The term algorithmic recommendation system means a fully or partially automated system used to suggest, promote, or rank information. (2) Covered platform The term covered platform means a commercial software application or electronic service that connects to the internet and that is used, or is reasonably likely to be used, by a minor. (3) Minor The term minor means an individual who is age 16 or younger. (4) Parent The term parent includes a legal guardian or an individual with legal custody over a child. (5) Personal data The term personal data means information that identifies or is linked or reasonably linkable to an individual, household, or consumer device. 3. Duty of care (a) Best interests A covered platform has a duty to act in the best interests of a minor that uses the platform's products or services. (b) Prevention of harm to minors In acting in the best interests of minors, a covered platform has a duty to prevent and mitigate the heightened risks of physical, emotional, developmental, or material harms to minors posed by materials on, or engagement with, the platform, including— (1) promotion of self-harm, suicide, eating disorders, substance abuse, and other matters that pose a risk to physical and mental health of a minor; (2) patterns of use that indicate or encourage addiction-like behaviors; (3) physical harm, online bullying, and harassment of a minor; (4) sexual exploitation, including enticement, grooming, sex trafficking, and sexual abuse of minors and trafficking of online child sexual abuse material; (5) promotion and marketing of products or services that are unlawful for minors, such as illegal drugs, tobacco, gambling, or alcohol; and (6) predatory, unfair, or deceptive marketing practices. 4. Safeguards for minors (a) Safeguards for minors (1) In general A covered platform shall provide a minor, or a parent acting on a minor's behalf, with readily accessible and easy-to-use safeguards to control their experience and personal data on the covered platform, including settings to— (A) limit the ability of other individuals to contact or find a minor, in particular adults with no relationship to the minor; (B) prevent other individuals from viewing the minor’s personal data collected by or shared on the covered platform, in particular restricting public access to personal data; (C) limit features that increase, sustain, or extend use of the covered platform by a minor, such as automatic playing of media, rewards for time spent on the platform, and notifications; (D) opt out of algorithmic recommendation systems that use a minor’s personal data; (E) delete the minor's account and request removal of personal data; (F) restrict the sharing of the geolocation of a minor and to provide notice regarding the tracking of a minor’s geolocation; and (G) limit time spent by a minor on the covered platform. (2) Default safeguard settings for minors A covered platform shall provide that, in the case of a user that the platform knows or reasonably believes to be a minor, the default setting for any safeguard described under paragraph (1) shall be the strongest option available. (3) Accessibility for minors With respect to safeguards described under paragraph (1), a covered platform shall provide information and control options in a manner that is age appropriate and does not encourage minors to weaken or turn off safeguards. (b) Parental tools (1) Parental tools A covered platform shall provide readily accessible and easy-to-use parental tools for parents to appropriately supervise the use of the covered platform by a minor. (2) Requirements The parental tools provided by a covered platform shall include— (A) the ability to control privacy and account settings, including the safeguards established under subsection (a)(1); (B) the ability to restrict purchases and financial transactions by a minor; (C) the ability to track total time spent on the platform; (D) a clear and conspicuous mechanism for parents to opt out of or turn off any default parental tools put in place by the covered platform; and (E) access to other information regarding a minor's use of a covered platform and control options necessary to a parent's ability to address the harms described in section 3(b). (3) Notice to minors A covered platform shall provide clear and conspicuous notice to a minor when parental tools are in effect. (4) Default parental tools A covered platform shall provide that, in the case of a user that the platform knows or reasonably believes to be a minor, parental tools shall be enabled by default. (c) Reporting mechanism (1) Parental reports A covered platform shall provide minors and parents with— (A) a readily accessible and easy-to-use means to submit reports of harms to a minor, including harms described in section 3(b); (B) an electronic point of contact specific to matters involving harms to a minor; and (C) confirmation of the receipt of such a report and a means to track a submitted report. (2) Timing A covered platform shall establish an internal process to receive and respond to reports in a reasonable and timely manner. (d) Illegal content A covered platform shall not facilitate the advertising of products or services to minors that are illegal to sell to minors based on applicable State or Federal law. 5. Disclosure (a) Notice (1) Registration Prior to registration, use, or purchase of a covered platform by a minor, the platform shall provide clear, accessible, and easy-to-understand— (A) notice of the policies and practices of the covered platform with respect to personal data and safeguards for minors; (B) information about how to access the safeguards and parental tools required under section 4; and (C) notice about whether the covered platform, including any algorithmic recommendation systems used by the platform, pose any heightened risks of harm to a minor, including harms described in section 3(b). (2) Parental notification For a minor, or an individual that a covered platform reasonably believes is a minor, a covered platform shall additionally provide the notice, information, and statement described in paragraph (1) to a parent of the minor. (3) Acknowledgment After providing the notice, information, and statement described in paragraph (1), but prior to initial use of the covered platform, the covered platform shall obtain acknowledgment from a minor, or a parent of the minor, of the receipt of information related to the heightened risks of harm to minors referenced in the statement in paragraph (1)(C). (b) Algorithmic recommendation system A covered platform that uses an algorithmic recommendation system shall set out in its terms and conditions, in a clear, accessible, and easy-to-understand manner— (1) an overview of how algorithmic recommendation systems are used by the covered platform to provide information to users of the platform who are minors, including how such systems use personal data belonging to minors; and (2) options for minors or their parents to modify the results of the algorithmic recommendation system, including the right to opt out or down-rank types or categories of recommendations. (c) Advertising and marketing A covered platform that facilitates advertising aimed at minors shall provide clear, accessible, and easy-to-understand information and labels regarding— (1) the name of the product, service, or brand and the subject matter of an advertisement or marketing material; (2) why the minor is being targeted for a particular advertisement or marketing material if the covered platform engages in targeted advertising, including meaningful information about how the personal data of the minor was used to target the advertisement or marketing material; and (3) whether particular media displayed to a user is an advertisement or marketing material, including disclosure of endorsements of products, services, or brands made for commercial consideration by other users of the platform. (d) Resources for parents and minors A covered platform shall provide to minors and parents clear, accessible, easy-to-understand, and comprehensive information in a prominent location regarding— (1) its policies and practices with respect to personal data and safeguards for minors; and (2) how to access the safeguards and parental tools required under section 4. 6. Transparency (a) Audit of systemic risks to minors (1) In general Not less frequently than once a year, a covered platform shall issue a public report identifying the foreseeable risks of harm to minors based on an independent, third-party audit conducted through reasonable inspection of the covered platform and describe the prevention and mitigation measures taken to address such risks. (2) Content (A) Transparency The public reports required of a covered platform under this section shall include— (i) an assessment of whether the covered platform is reasonably likely to be accessed by minors; (ii) a description of the commercial interests of the covered platform in use by minors; (iii) an accounting of the number of individuals using the covered platform reasonably believed to be minors in the United States, disaggregated by the age ranges of 0–5, 6–9, 10–12, and 13–16; (iv) an accounting of the time spent by the median and average minor in the United States on a daily, weekly, and monthly basis, disaggregated by the age ranges of 0–5, 6–9, 10–12, and 13–16; (v) an accounting, disaggregated by category of harm, of— (I) the total number of reports of the dissemination of illegal or harmful content involving minors; and (II) the prevalence of content that is illegal or harmful to minors; and (vi) a description of any material breaches of parental tools or assurances regarding minors, unexpected use of the personal data of minors, and other matters regarding non-compliance. (B) Systemic risks assessment The public reports required of a covered platform under this section shall include— (i) an audit of the known and emerging risks to minors posed by the covered platform, including the harms described in section 3(b); (ii) an assessment of how algorithmic recommendation systems and targeted advertising systems can contribute to harms to minors; (iii) a description of whether and how the covered platform uses system design features to increase, sustain, or extend use of a product or service by a minor, such as automatic playing of media, rewards for time spent, and notifications; (iv) a description of whether, how, and for what purpose the platform collects or processes geolocation, contact information, health data, or other categories of personal data of heightened concern regarding minors, as determined by the Commission; (v) an evaluation of the efficacy and any issues in delivering safeguards to minors under section 4; and (vi) an evaluation of any other relevant matters of public concern over risks to minors. (C) Mitigation The public reports required of a covered platform under this section shall include— (i) a description of the safeguards and parental tools available to minors and parents on the covered platform; (ii) a description of interventions by the covered platform when it had or has reason to believe that harm could occur to minors; (iii) a description of the prevention and mitigation measures intended to be taken in response to the known and emerging risks identified in its audit of system risks, including steps taken to— (I) adapt or remove system design features that expose minors to risks; (II) set safeguards to their most safe settings by default; (III) prevent the presence of illegal and illicit content on the covered platform; and (IV) adapt algorithmic recommendation system to prioritize the best interests of users who are minors; (iv) a description of internal processes for handling reports and automated detection mechanisms for harms to minors, including the rate, timeliness, and effectiveness of responses under the requirement of section 4(c); (v) the status of implementing prevention and mitigation measures identified in prior assessments; and (vi) a description of the additional measures to be taken by the covered platform to address the circumvention of safeguards and parental tools. (3) Reasonable inspection In conducting an inspection of the systemic risks of harm to minors, a covered platform shall— (A) take into consideration the function of algorithmic recommendation systems; (B) consult parents, experts, and civil society with respect to the prevention of harms to minors; (C) conduct research based on experiences of minors that use the covered platform, including harms reported under section 4(c); (D) take account of research, including research regarding system design features, marketing, or product integrity, industry best practices, or outside research; and (E) consider indicia or inferences of age of users, in addition to any self-declared information about the age of individuals. (4) Privacy safeguards In issuing the public reports required under this section, a covered platform shall take steps to safeguard the privacy of its users, including ensuring that data is presented in a de-anonymized, aggregated format. 7. Independent research (a) Definitions In this section: (1) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (2) Eligible researcher The term eligible researcher means an individual or group of individuals affiliated with or employed by— (A) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); or (B) a nonprofit organization, including any organization described in section 501(c) of the Internal Revenue Code of 1986. (3) Program The term Program means the program established under subsection (b)(1). (4) Public interest research The term public interest research means the scientific or historical analysis of information that is performed for the primary purpose of advancing a broadly recognized public interest. (5) Qualified researcher The term qualified researcher means an eligible researcher who is approved by the Assistant Secretary to conduct public interest research regarding harms to minors under the Program. (b) Access to data on harms to minors (1) Establishment The Assistant Secretary shall establish a program under which an eligible researcher may apply for, and a covered platform shall provide, access to data assets from the covered platform for the sole purpose of conducting public interest research regarding harms to the safety and well-being of minors, including matters described in section 3(b). (2) Application requirements In order to be approved to access data assets from a covered platform, an eligible researcher shall, in the application submitted under paragraph (1)— (A) conduct the research for noncommercial purposes; (B) demonstrate a proven record of expertise on the proposed research topic and related research methodologies; and (C) commit to fulfill, and demonstrate a capacity to fulfill, the specific data security and confidentiality requirements corresponding to the application. (3) Duties and rights of covered platforms (A) Access to data assets (i) In general If the Assistant Secretary approves an application under paragraph (1) with respect to a covered platform, the covered platform shall, in a timely manner, provide the qualified researcher with access to data assets necessary to conduct public interest research described in that paragraph. (ii) Form of access A covered platform shall provide to a qualified researcher access to data assets under clause (i) through online databases, application programming interfaces, and data files as appropriate for the qualified researcher to undertake public interest research. (B) Nondisclosure agreement A covered platform may require, as a condition of access to the data assets of the covered platform, that a qualified researcher enter into a nondisclosure agreement regarding the release of data assets, provided that— (i) the agreement does not restrict the publication of the qualified researcher's findings; and (ii) the terms of the agreement allow the qualified researcher to provide the original agreement or a copy of the agreement to the Assistant Secretary. (C) Appeal A covered platform may appeal the granting of an application under paragraph (1) on the grounds that, and the Assistant Secretary shall grant such appeal if— (i) the covered platform does not have access to the requested data assets; or (ii) providing access to the data assets will lead to significant vulnerabilities in the security of the covered platform's service. (4) Processes, procedures, and standards Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall establish— (A) (i) a process by which an eligible researcher may submit an application described in paragraph (1); and (ii) an appeals process for eligible researchers to appeal adverse decisions on applications described in paragraph (1) (including a decision to grant an appeal under paragraph (3)(C)); (B) procedures for implementation of the Program, including methods for— (i) participation by covered platforms; and (ii) verification by the Assistant Secretary of the credentials of eligible researchers; (C) standards for privacy, security, and confidentiality required to participate in the Program; and (D) standards for transparency regarding the operation and administration of the Program. (5) Duty of confidentiality To protect user privacy, a qualified researcher shall have a duty of confidentiality with respect to data assets provided by a covered platform, which may be defined by the Assistant Secretary. (6) Federal agencies Nothing in this subsection shall be construed to authorize a Federal agency to seek access to the data of a covered platform through the Program. (c) Safe harbor for independent collection With respect to public interest research conducted regarding harms to minors, including matters described in section 3(b), no cause of action related to terms of service violations undertaken while collecting data assets in the course of such research shall lie or be maintained in any court against the researcher conducting the research. (d) Rulemaking The Assistant Secretary, in consultation with the Secretary of Commerce and the Director of the National Institute of Standards and Technology, shall promulgate rules in accordance with section 553 of title 5, United States Code, as necessary to implement this section. 8. Market research (a) Market research by covered platforms The Federal Trade Commission, in coordination with the Secretary of Commerce, shall establish guidelines for covered platforms seeking to conduct market- and product-focused research on minors or individuals it reasonably believes to be minors. Such guidelines shall include— (1) a standard consent form that provides minors and their parents a clear and easy-to-understand explanation of the scope and purpose of the research to be conducted, and provides an opportunity for informed consent; and (2) recommendations for research practices for studies that may include minors, disaggregated by the age ranges of 0–5, 6–9, 10–12, 13–15, and 16–17. (b) Guidelines The Federal Trade Commission shall promulgate such guidelines not later than 18 months after the date of enactment of this Act. In doing so, they shall seek input from members of the public and the representatives of the Kids Online Safety Council established under section 11. 9. Age verification study and report (a) Study The Director of the National Institute of Standards and Technology, in coordination with the Federal Communications Commission, Federal Trade Commission, and the Secretary of Commerce, shall conduct a study evaluating the most technologically feasible options for developing systems to verify age at the device or operating system level. (b) Contents Such study shall consider— (1) the benefits of creating a device or operating system level age verification system; (2) what information may need to be collected to create this type of age verification system; (3) the accuracy of such systems and their impact or steps to improve accessibility, including for individuals with disabilities; (4) how such a system or systems could verify age while mitigating risks to user privacy and data security and safeguarding minors' personal data; and (5) the technical feasibility, including the need for potential hardware and software changes, including for devices currently in commerce and owned by consumers. (c) Report Not later than 1 year after the date of enactment of this Act, the agencies described in subsection (a) shall submit a report containing the results of the study conducted under such subsection to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. 10. Enforcement (a) Enforcement by Federal Trade Commission (1) Unfair and deceptive acts or practices A violation of this Act or a regulation promulgated under this Act by any person shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Commission (A) In general Except as provided in subparagraph (B) and subsection (b), the Federal Trade Commission (referred to in this section as the Commission ) shall enforce this Act and any regulation 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) Application to 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 manner provided under this subsection, with respect to— (i) 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 (ii) organizations not organized to carry on business for their own profit or that of their members. (C) Privileges and immunities Any person that 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 ( 15 U.S.C. 41 et seq. ). (3) Regulations The Commission may promulgate regulations under section 553 of title 5, United States Code, to carry out sections 4, 5, and 6 of this Act. (4) Authority preserved Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (b) Enforcement by State attorneys general (1) In general (A) Civil actions In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates this Act or a regulation promulgated under this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States or a State court of appropriate jurisdiction to— (i) enjoin that practice; (ii) enforce compliance with this Act or such regulation; (iii) on behalf of residents of the State, obtain damages, statutory damages, restitution, or other compensation, each of which shall be distributed in accordance with State law; or (iv) obtain such other relief as the court may consider to be appropriate. (B) Notice (i) In general Before filing an action under subparagraph (A), the attorney general of the State involved shall provide to the Commission— (I) written notice of that action; and (II) a copy of the complaint for that action. (ii) Exemption (I) In general Clause (i) shall not apply with respect to the filing of an action by an attorney general of a State under this paragraph if the attorney general of the State determines that it is not feasible to provide the notice described in that clause before the filing of the action. (II) Notification In an action described in subclause (I), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (2) Intervention (A) In general On receiving notice under paragraph (1)(B), the Commission shall have the right to intervene in the action that is the subject of the notice. (B) Effect of intervention If the Commission intervenes in an action under paragraph (1), it shall have the right— (i) to be heard with respect to any matter that arises in that action; and (ii) to file a petition for appeal. (3) Construction For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (4) Actions by the commission In any case in which an action is instituted by or on behalf of the Commission for violation of this Act or a regulation promulgated under this Act, no State may, during the pendency of that action, institute an action under paragraph (1) against any defendant named in the complaint in the action instituted by or on behalf of the Commission for that violation. (5) 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) a State court of competent jurisdiction. (B) Service of process In an action brought under paragraph (1) in a district court of the United States, process may be served wherever defendant— (i) is an inhabitant; or (ii) may be found. 11. Kids Online Safety Council (a) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce shall establish and convene the Kids Online Safety Council for the purpose of providing advice on the implementation of this Act. (b) Participation The Kids Online Safety Council shall include participation from— (1) parents, academic experts, health professionals, and members of civil society with respect to the prevention of harms to minors; (2) youth representation; (3) representatives of covered platforms; (4) representatives of the National Telecommunications and Information Administration, the National Institute of Standards and Technology, the Federal Trade Commission, and the Department of Justice; and (5) State attorneys general or their representatives. 12. Authorization of appropriations There are authorized to be appropriated to the Federal Trade Commission such sums as may be necessary to carry out this Act. 13. Effective date Except as otherwise provided in this Act, this Act shall take effect on the date that is 18 months after the date of enactment of this Act. 14. Severability If any provision of this Act, or an amendment made by this Act, is determined to be unenforceable or invalid, the remaining provisions of this Act and the amendments made by this Act shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s3663is/xml/BILLS-117s3663is.xml |
117-s-3664 | II 117th CONGRESS 2d Session S. 3664 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Booker (for himself, Mr. Carper , Mr. Blumenthal , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To assist in the conservation of the North Atlantic right whale by supporting and providing financial resources for North Atlantic right whale conservation programs and projects of persons with expertise required for the conservation of North Atlantic right whales, and for other purposes.
1. Short title This Act may be cited as the Right Whale Coexistence Act of 2022 . 2. Findings; sense of Congress (a) Findings Congress finds that— (1) North Atlantic right whales (Eubalaena glacialis) are critically endangered, with fewer than 340 remaining at the time of the introduction of this Act; (2) historically, the North Atlantic right whale population was decimated by the whaling industry, although the whale population received protections from such industry in the 1930s; (3) despite a modest recovery prior to 2010, the North Atlantic right whale is one of the most endangered whales in the world and has experienced a significant decline since 2010; (4) the North Atlantic right whale has been listed as an endangered species under the Endangered Species Conservation Act of 1969 ( Public Law 89–669 ; 80 Stat. 926) and its successor the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) since 1970 and is designated as depleted under the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); (5) because North Atlantic right whales are long-lived and highly migratory, and at present rates females give birth to a single calf only once every 5 to 10 years, they are highly vulnerable to the impacts of human activity and habitat degradation, with female whales and calves particularly vulnerable to vessel strikes; (6) North Atlantic right whales frequently cross paths with high vessel traffic areas and fishing grounds, leaving the whales particularly vulnerable to vessel collisions and fishing gear entanglements, the leading causes of injury and death to the species; (7) even when North Atlantic right whales do not die as a result of fishing gear entanglement or vessel strike, those whales can still experience significant sub-lethal effects such as chronic stress and reproductive failure; (8) this ongoing decline due to human impacts resulted in a further 30 percent decline in the population between 2019 and 2020 resulting in the lowest population estimate in the past 2 decades; (9) based on the current rate of mortality of North Atlantic right whales, and because of the small number of breeding females in the population and low birth rates, recent analysis suggests the species will lose its ability to recover in merely a few decades if human-caused mortality is not reduced immediately; (10) under the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ), United States fishermen in certain locations have been required to modify their fishing gear and behavior to minimize the likelihood of entanglements, including by using sinking groundlines, having weak links in buoy lines, using multiple traps per buoy, appropriately marking fishing gear, and complying with seasonal area-specific closures in North Atlantic right whale habitats; (11) vessels in United States waters that are 65 feet or more in length have been required to comply with a seasonal 10-knot speed limit in certain locations to reduce the threat of vessel collisions; and (12) ongoing mortalities, driven in part by shifts in North Atlantic right whale distribution caused by climate change, indicate that additional actions are necessary to reverse this species’ population decline. (b) Sense of Congress It is the sense of Congress that— (1) the Governments of the United States and Canada must work together to reduce lethal and sub-lethal effects of human activities on North Atlantic right whales; and (2) effectively addressing the threats to the long-term viability of the North Atlantic right whales will require a joint commitment and effort from government entities, local communities, marine scientists and conservationists, fishermen, owners and operators of commercial and recreational vessels and others in the boating and shipping industries, and other stakeholders. 3. Purposes The purposes of this Act are the following: (1) To rebuild healthy populations of the North Atlantic right whale. (2) To assist in the conservation and protection of North Atlantic right whales by supporting North Atlantic right whale conservation programs that minimize conflicts between North Atlantic right whales and human activities. I North Atlantic Right Whale Conservation 101. North Atlantic right whale conservation assistance (a) Assistance (1) In general Subject to the availability of funds and in consultation with other Federal officials, the Secretary of Commerce (in this title referred to as the Secretary ) shall provide competitive financial assistance, including multiyear grants, for projects designed to reduce the lethal and sub-lethal effects of human activities on North Atlantic right whales for which project proposals are approved by the Secretary in accordance with this section. (2) Use of existing authorities Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) and the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ). (b) Project proposals (1) Eligible applicants A project proposal may be submitted to the Secretary under this section by— (A) relevant State and tribal agencies, research institutions, and nonprofit organizations with expertise required for the conservation of North Atlantic right whales; and (B) any other individual or entity, as determined appropriate by the Secretary, with the expertise required for the conservation of North Atlantic right whales, including— (i) large whale disentanglement teams approved by the National Oceanic and Atmospheric Administration and members in good standing of the National Marine Mammal Health and Stranding Response Program; (ii) an owner or operator of a vessel, as defined under section 3 of title 1, United States Code; and (iii) participants within sectors of the maritime industry, such as boating, shipping, fishing, fishing gear and rope manufacturing, and other maritime activities. (2) Federal partnership opportunities A Federal agency may not be a lead entity or receive funding for a project under this section, but may be included as a partner or collaborator on a project that receives such funding. (c) Annual grant project proposal solicitation, review, and approval (1) In general The Secretary shall annually— (A) solicit project proposals for grants under this section; (B) provide to other Federal officials, as appropriate, copies of each proposal submitted in response to the solicitation; and (C) review each such proposal on a timeline that recognizes the urgency of the declining North Atlantic right whale population to determine whether the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval Subject to the availability of funds, the Secretary shall, with respect to each project proposal submitted under this section, and after consulting with other Federal officials, as appropriate— (A) consult, with respect to the proposal, with the government of each State and foreign country in which the project is to be conducted; (B) take into consideration any comments resulting from the consultation and input from fishing and other stakeholders on the potential impacts as a result of the proposal; and (C) approve or disapprove the proposal in accordance with subsections (d) and (e) and provide written notification of the approval or disapproval to the individual or entity that submitted the proposal, other Federal officials, and each State and foreign country described in subparagraph (A). (d) Criteria for approval The Secretary may approve a project proposal under this section that is likely to aid in the recovery and sustainability of a viable population of North Atlantic right whales in the wild. Such projects shall— (1) address the unintentional conflicts between humans and North Atlantic right whales through development, testing, and use of innovative technology or other methods to reduce the lethal and sub-lethal effects on North Atlantic right whales from fishing gear entanglements and vessel collisions; and (2) (A) promote cooperative projects on such topics with foreign governments; or (B) promote cooperative projects on such topics with affected local communities, small businesses such as fishermen, others in the maritime private sector, or nongovernmental organizations. (e) Priority In determining whether to fund project proposals under this section, the Secretary shall prioritize projects— (1) with a substantial likelihood of reducing lethal and sub-lethal effects on North Atlantic right whales from fishing gear entanglements or vessel collisions; (2) that include cooperation with private sector stakeholders; and (3) that demonstrate, or have the potential to provide, economic benefits to small businesses based in the United States. (f) Matching requirement (1) In general Except as provided in paragraph (3), the non-Federal share of the costs of an activity conducted with financial assistance under this section shall be 25 percent of such costs. (2) In-kind contributions The Secretary may apply to the non-Federal share of an activity conducted with financial assistance under this section the amount of funds, and the fair market value of property and services, provided by non-Federal sources and used for the activity. (3) Waiver of requirements The Secretary may waive the application of paragraph (1) if the Secretary finds that such waiver is necessary to support a conservation project that the Secretary has identified as of high priority. (g) Project reporting (1) In general Each individual or entity that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary may require) that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public in a timely manner. 102. Report to Congress Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary shall submit to Congress a report on the results and effectiveness of projects receiving assistance provided under this title, including recommendations concerning how this title might be improved and whether funding for this title should be continued in the future. 103. Funding (a) Authorization of appropriations (1) Authorization There is authorized to be appropriated to the Secretary to carry out this title $15,000,000 for each of fiscal years 2022 through 2032. (2) Administrative expenses Of the amounts authorized to be appropriated under this subsection for a fiscal year, the Secretary may expend not more than 5 percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (3) Supplement not supplant The amount authorized to be appropriated by paragraph (1) shall supplement and not supplant other amounts available to the Secretary. (b) Acceptance and use of donations The Secretary may accept, receive, solicit, hold, administer, and use any gift, devise, or bequest to provide assistance under section 101. II Continuous Plankton Recorder 201. Survey (a) In general Not later than 180 days after the date of enactment of this Act, and on an ongoing basis thereafter, the Secretary of Commerce shall conduct a Continuous Plankton Recorder survey. (b) Required elements For the purpose of conducting the survey required under subsection (a), the Northeast Fisheries Science Center shall— (1) to the extent possible, utilize the resources of and partner with, on a volunteer basis, research institutions, nonprofit organizations, commercial vessels, and other Federal agencies; (2) in as short a time as possible, ensure relevant survey samples and results are analyzed, stored, archived, and made publicly available; (3) prioritize the collection of plankton samples and data that inform the conservation of North Atlantic right whales; and (4) to the extent practicable, coordinate with the Government of Canada to develop a transboundary understanding of plankton abundance and distribution. (c) Authorization of Appropriations To carry out this section there is authorized to be appropriated to the Secretary of Commerce $300,000 for each of fiscal years 2022 through 2032. | https://www.govinfo.gov/content/pkg/BILLS-117s3664is/xml/BILLS-117s3664is.xml |
117-s-3665 | II 117th CONGRESS 2d Session S. 3665 IN THE SENATE OF THE UNITED STATES February 16, 2022 Ms. Collins (for herself, Ms. Sinema , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize certain aliens seeking asylum to be employed in the United States while their applications are being adjudicated.
1. Short title This Act may be cited as the Asylum Seeker Work Authorization Act of 2022 . 2. Employment authorization for aliens seeking asylum Section 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) ) is amended to read as follows: (2) Employment authorization (A) Eligibility The Secretary of Homeland Security shall authorize employment for an applicant for asylum— (i) who is not in detention; (ii) whose application for asylum has not been determined frivolous; and (iii) with respect to whom the procedures required under paragraph (5)(A)(i) have been completed. (B) Application The Secretary may not grant employment authorization under this paragraph to an applicant for asylum who is not otherwise eligible for employment authorization until 30 days after the date on which the applicant filed an application for asylum. (C) Term Employment authorization under this paragraph— (i) shall be for a period of 1 year; and (ii) shall be renewable for additional 1-year periods while the applicant’s asylum claim is being adjudicated, including administrative or judicial review. . | https://www.govinfo.gov/content/pkg/BILLS-117s3665is/xml/BILLS-117s3665is.xml |
117-s-3666 | II 117th CONGRESS 2d Session S. 3666 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Risch (for himself, Mr. Menendez , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes.
1. Short title This Act may be cited as the Accountability for Cryptocurrency in El Salvador Act or ACES Act . 2. Reports on adoption of cryptocurrency as legal tender in El Salvador (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. (b) Elements The report required by subsection (a) shall include the following: (1) A description of the process followed by the Government of El Salvador to develop and enact the Bitcoin Law (Legislative Decree No. 57, Official Record No. 110, Volume 431, enacted June 9, 2021), which provides the cryptocurrency, Bitcoin, with legal tender status in El Salvador. (2) An assessment of— (A) the regulatory framework in El Salvador with respect to the adoption of a cryptocurrency as legal tender and the technical capacity of El Salvador to effectively mitigate the financial integrity and cyber security risks associated with virtual-asset transactions; (B) whether the regulatory framework in El Salvador meets the requirements of the Financial Action Task Force with respect to virtual-asset transactions; (C) the impact on individuals and businesses of requiring tender of Bitcoin; and (D) the impact of such adoption of a cryptocurrency on— (i) the macroeconomic stability and public finances of El Salvador, including taxation; (ii) the rule of law and democratic governance in El Salvador; (iii) the unbanked population in El Salvador; (iv) the flow of remittances from the United States to El Salvador; (v) El Salvador's relations with multilateral financial institutions, such as the International Monetary Fund and the Word Bank; (vi) bilateral and international efforts to combat transnational illicit activities; (vii) El Salvador's bilateral economic and commercial relationship with the United States and the potential for reduced use by El Salvador of the United States dollar; and (viii) existing United States sanctions frameworks and the potential for the use of cryptocurrency to circumvent such sanctions. (3) A description of the internet infrastructure of El Salvador and an assessment of— (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. (c) Plan To mitigate risks to United States financial system posed by adoption of cryptocurrency as legal tender in certain countries (1) In general Not later than 90 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a plan to mitigate any potential risk to the United States financial system posed by the adoption of a cryptocurrency as legal tender in— (A) El Salvador; and (B) any other country that uses the United States dollar as legal tender. (2) Implementation Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. (d) Subsequent report Not later than 270 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress an updated version of such report, including a description of any significant development related to the risks to the United States financial system posed by the use of a cryptocurrency as legal tender in El Salvador. (e) 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 Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3666is/xml/BILLS-117s3666is.xml |
117-s-3667 | II 117th CONGRESS 2d Session S. 3667 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Brown (for himself and Mr. Romney ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend title 54, United States Code, to establish within the National Park Service the United States African-American Burial Grounds Preservation Program, and for other purposes.
1. Short title This Act may be cited as the African-American Burial Grounds Preservation Act . 2. Findings Congress finds that— (1) during the period beginning in 1619 and ending in 1865, millions of African Americans throughout the United States were enslaved; (2) slaveholders often— (A) controlled where and how deceased slaves were buried; and (B) prohibited the burial of slaves on valuable land; (3) as a result of the practices described in paragraph (2), slave burial grounds were often confined to remote areas or marginal property; (4) slave burial grounds— (A) were rarely documented; and (B) infrequently appear on historical maps; (5) a lack of accurate information is typical of African-American cemeteries originating before the Civil War; (6) following the end of slavery, many African-American families continued to face restrictions on where the deceased could be buried; (7) across many areas of the United States, local laws segregated burial sites by race; (8) African-American burial grounds often failed to receive the type of maintenance and recordkeeping that predominantly White burial grounds enjoyed; (9) many African-American burial grounds from before and after the Civil War are in a state of disrepair or inaccessibility due to overgrowth of vegetation, crumbling physical structures, and other challenges; (10) there is no official national record or database for African-American burial ground locations; (11) the location of many African-American burial sites is unknown; (12) as a result of the issues described in paragraphs (10) and (11), the family members and descendants of the individuals interred are unable to visit the burial sites to honor and remember their ancestors; (13) abandoned African-American burial grounds are often discovered when construction projects inadvertently disturb human remains, which slows or halts completion of the projects; (14) the presence and location of historic African-American burial grounds should be recorded; (15) there should be coordinated national, State, local, and Tribal efforts to preserve and restore African-American burial grounds; (16) African-American burial grounds are an integral component of the heritage of the United States; and (17) establishing a program to preserve previously abandoned, underserved, and other African-American burial grounds would help communities identify and record burial grounds and preserve local history, while better informing development decisions and community planning. 3. Purpose The purpose of this Act is to authorize the National Park Service to coordinate and facilitate Federal activities and non-Federal activities to identify, interpret, research, preserve, and record unmarked, previously abandoned, underserved, and other African-American burial grounds. 4. United States African-American Burial Grounds Preservation Program (a) In general Subdivision 1 of division B of subtitle III of title 54, United States Code, is amended by inserting after chapter 3085 the following: 3086 United States African-American Burial Grounds Preservation Program Sec. 308601. Definitions. 308602. United States African-American Burial Grounds Preservation Program. 308603. Authority to make grants. 308604. Cooperative agreements and memoranda of understanding. 308605. Private property protection. 308601. Definitions In this chapter: (1) Burial ground The term burial ground means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains are deposited as a part of the death rite or ceremony of a culture. (2) Historic The term historic , with respect to a property, means a property that can reasonably be considered to date back at least 50 years. (3) Program The term Program means the United States African-American Burial Grounds Preservation Program established under section 308602(a). 308602. United States African-American Burial Grounds Preservation Program (a) In general The Secretary shall establish within the Service, in accordance with this chapter, a program to be known as the United States African-American Burial Grounds Preservation Program . (b) Duties of Secretary In carrying out the Program, the Secretary, in consultation with the National Trust for Historic Preservation and members of the African-American heritage community, shall develop a program for the provision of grants in accordance with section 308603(a). (c) Donations The Secretary may accept monetary donations to further the purposes of this chapter. (d) Consent of private property owner required Burial grounds shall only be considered for a grant under the Program— (1) with the consent of the property owner; and (2) at the request of an individual, landowner, private or nonprofit organization, State, Tribal, or local government, or other entity. 308603. Authority to make grants (a) In general The Secretary may make grants to other Federal agencies, State, local, and Tribal governments, other public entities, educational institutions, historic preservation groups, and private nonprofit organizations in accordance with this chapter for— (1) the identification of historic African-American burial grounds that may qualify for the Program; (2) the preservation and restoration of African-American burial grounds; (3) the interpretation of African-American burial grounds; and (4) related research and documentation for historic African-American burial grounds. (b) Funding (1) In general There is authorized to be appropriated to the Secretary to carry out this section $3,000,000 for each of fiscal years 2023 through 2027. (2) Availability Any amounts made available for a fiscal year under paragraph (1) that are not used during that fiscal year shall be available for use under this section during any subsequent fiscal year. 308604. Cooperative agreements and memoranda of understanding The Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, Tribal governments, regional governmental bodies, nonprofit organizations, educational institutions, and private entities— (1) to achieve the purposes of this chapter; and (2) to ensure effective coordination of the Federal elements and non-Federal elements provided a grant or other assistance under the Program with System units and programs of the Service. 308605. Private property protection Nothing in this chapter— (1) authorizes the Secretary to require or affect the management or use of private property without the written consent of the owner of the private property; or (2) prohibits the Secretary from providing land management guidance or requirements relating to private property as a condition of a grant provided to the owner of the private property under this chapter. . (b) Clerical amendment The table of chapters for title 54, United States Code, is amended by inserting after the item relating to chapter 3085 the following: 3086. United States African-American Burial Grounds Preservation Program 308601 . | https://www.govinfo.gov/content/pkg/BILLS-117s3667is/xml/BILLS-117s3667is.xml |
117-s-3668 | II 117th CONGRESS 2d Session S. 3668 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Merkley (for himself 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 prohibit the Internal Revenue Service from using biometric recognition technology, and for other purposes.
1. Short title This Act may be cited as the No Facial Recognition at the IRS Act . 2. Prohibition on use of biometric recognition technology by Internal Revenue Service (a) In general Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7531. Prohibition on use of biometric recognition technology (a) In general Except as otherwise provided by law, the Secretary may not use, or contract to use, biometric recognition technology for purposes of the administration of this title. (b) Biometric For purposes of this section, the term biometric recognition technology means any technology that measures a biological (anatomical and physiological) or behavioral characteristic for automated recognition. . (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. Prohibition on use of biometric recognition technology. . (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) Disposal of collected information (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury (or such Secretary's delegate) shall ensure that all biometric data collected for purposes of tax administration by the Internal Revenue Service or any party contracting with the Internal Revenue Service has been deleted. (2) Report (A) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury (or such Secretary's delegate) shall submit to the appropriate congressional committees a report on the deletion of the data described in paragraph (1). (B) Appropriate congressional committees For purposes of subparagraph (A), the term appropriate congressional committees means— (i) the Committee on Finance of the Senate; (ii) the Committee on Ways and Means of the House of Representatives; (iii) the Committee on Appropriations of the Senate; and (iv) the Committee on Appropriations of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3668is/xml/BILLS-117s3668is.xml |
117-s-3669 | II 117th CONGRESS 2d Session S. 3669 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Lee (for himself, Mr. Braun , Mr. Cruz , and Mr. Marshall ) 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 modify rules relating to like kind exchanges.
1. Short title This Act may be cited as the 1031 Exchange Improvement Act . 2. Property identification requirement (a) In general Subparagraph (A) of section 1031(a)(3) of the Internal Revenue Code of 1986 is amended by striking the day which and all that follows through the comma and inserting the date such property is received, . (b) Effective date The amendment made by this section shall apply to exchanges completed after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3669is/xml/BILLS-117s3669is.xml |
117-s-3670 | II 117th CONGRESS 2d Session S. 3670 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Johnson introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To clarify that agencies of the Department of Health and Human Services do not have the authority to regulate the practice of medicine.
1. Short title This Act may be cited as the Right to Treat Act . 2. Scope of authorities Notwithstanding any other provision of law— (1) no Federal agency, including the Food and Drug Administration, the National Institutes of Health, and the Centers for Disease Control and Prevention, shall have the authority to regulate the practice of medicine; and (2) no Federal law, rule, regulation, or policy shall prohibit or restrict the lawful prescribing or disbursing of any drug that is approved by the Food and Drug Administration, or that is available pursuant to section 561B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–0a ). | https://www.govinfo.gov/content/pkg/BILLS-117s3670is/xml/BILLS-117s3670is.xml |
117-s-3671 | II 117th CONGRESS 2d Session S. 3671 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Scott of Florida (for himself, Mr. Wicker , Mr. Thune , Mr. Blunt , Mr. Cruz , Mrs. Fischer , Mr. Moran , Mr. Sullivan , Mrs. Blackburn , Mr. Young , Mr. Lee , Mr. Johnson , Mrs. Capito , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To apply the Freedom of Information Act to actions and decisions of the Assistant Secretary of Commerce for Communications and Information in carrying out the Broadband Equity, Access, and Deployment Program.
1. Short title This Act may be cited as the Broadband Buildout Accountability Act . 2. Applicability of FOIA to the Broadband Equity, Access, and Deployment Program Section 60102(o)(2) of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 1702(o)(2) ) is amended by inserting after Act’) the following: , except for section 552 of that title (commonly referred to as the Freedom of Information Act ) . | https://www.govinfo.gov/content/pkg/BILLS-117s3671is/xml/BILLS-117s3671is.xml |
117-s-3672 | II 117th CONGRESS 2d Session S. 3672 IN THE SENATE OF THE UNITED STATES February 16, 2022 Mr. Wicker (for himself, Mr. Heinrich , Mr. Grassley , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the head of each agency to establish a plan to resume in-person operations, and for other purposes.
1. Short title This Act may be cited as the Return Employees to Understaffed Work Sites to Reopen Now Act of 2022 or the RETURN Act of 2022 . 2. Agency plans to resume in-person operations (a) Definitions In this section: (1) Agency The term agency has the meaning given the term in section 101 of title 31, United States Code. (2) Covered agreement The term covered agreement means an agreement between an agency and a labor organization that— (A) is entered into before the date on which the agency submits a plan under subsection (b)(1); and (B) relates to the resumption of in-person operations by the agency. (3) Employee The term employee means an employee of an agency. (4) Essential Government service The term essential Government service , with respect to an agency, includes— (A) the facilitation of the delivery, receipt, processing, or issuance of a document, fund, or permit; (B) the facilitation of access to public lands or another public space that is open to the public for use; (C) the conduction of an in-person activity or interaction that is required by law to be performed in person; and (D) the conduction of an inspection or other in-person activity that cannot be replicated virtually or without a physical presence. (5) Official work site The term official work site means the place where an employee works, or at which the activities of an employee are based, as determined by the employing agency. (6) Remote work The term remote work means an arrangement under which an employee is scheduled to perform the work of the employee at an alternative work site. (b) Plans (1) In general Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to Congress and publish on the website of the agency a plan for the agency to resume in-person operations. (2) Contents Subject to paragraph (3), the plan of an agency required under paragraph (1) shall include— (A) the policy of the agency with respect to permitting permanent remote work capabilities for employees who can successfully achieve the duties of those employees away from the official work sites of those employees, which shall include, if applicable, the policy of the agency under section 6502(a)(1) of title 5, United States Code; (B) requirements for employees that, as part of the duties of those employees, handle original documents issued by the Federal Government or a State government that contain sensitive or private information to return to the official work sites of those employees; (C) explicit guidelines for protecting sensitive or private information if any employee described in subparagraph (B) must perform remote work; (D) metrics to measure the work productivity of employees performing remote work to identify employees that fail to fulfill the duties of those employees; (E) a plan to provide essential Government services in person for individuals in the United States; (F) a contingency plan in the event that the rate of COVID–19 transmission increases in a region in which official work sites of employees of the agency are located, which shall be based on metrics for COVID–19 transmission to trigger the contingency plan established by the agency; (G) an assurance that the agency will update the physical address of any employee of the agency who permanently moves for the purposes of determining whether the employee is eligible to receive a comparability payment under section 5304 of title 5, United States Code; and (H) measures to prepare for future public health emergencies that can be quickly implemented if remote work becomes necessary. (3) Labor agreements If a plan submitted by an agency under paragraph (1) conflicts with any provision of a covered agreement to which the agency is a party, the head of the agency shall, not later than 60 days after the date on which the agency submits the plan under that paragraph, after consultation with the applicable labor organization, and notwithstanding any other provision of law or regulation regarding the covered agreement, modify the covered agreement so that the covered agreement is consistent with, and complies with, the terms of that plan. (c) GSA report Not later than 60 days after the date of enactment of this Act, the head of each agency shall submit to the Administrator of General Services a report on the physical work spaces used by the agency that recommends the termination of any leases of the agency for physical work spaces that are underused by the agency. | https://www.govinfo.gov/content/pkg/BILLS-117s3672is/xml/BILLS-117s3672is.xml |
117-s-3673 | II 117th CONGRESS 2d Session S. 3673 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Warner (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To streamline the employer reporting process and strengthen the eligibility verification process for the premium assistance tax credit and cost-sharing subsidy.
1. Short title This Act may be cited as the Commonsense Reporting Act of 2022 . 2. Findings Congress finds the following: (1) The Department of the Treasury and the Internal Revenue Service should work together with other relevant departments and agencies to identify and implement methods to minimize compliance burdens on businesses, insurance carriers, and individuals. (2) Such collaboration should strike an appropriate balance between sufficient reporting to enforce the law and protecting the privacy of individuals. 3. Voluntary prospective reporting system (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration, shall develop and implement guidance providing for a prospective reporting system meeting the requirements of subsection (b). Such system shall be available for use by employers on a voluntary basis beginning not later than January 1, 2023. (b) Requirements The system created under subsection (a) shall include— (1) voluntary reporting by each participating employer that offers minimum essential coverage to its full-time employees and their dependents under an eligible employer-sponsored plan, not later than 45 days before the first day of the annual open enrollment period under section 1311(c)(6)(B) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6)(B) ) for each calendar year, of— (A) the name and employer identification number for purposes of section 6056 of the Internal Revenue Code of 1986 of the employer; (B) a certification of— (i) whether coverage meeting the definition of minimum essential coverage in section 5000A(f) of the Internal Revenue Code of 1986 is offered to the full-time employees (within the meaning of section 4980H of such Code) of the employer; (ii) whether such coverage is offered to part-time employees of the employer; (iii) whether such coverage is offered to dependents of employees; (iv) whether such coverage is offered to spouses of employees; (v) whether such coverage meets the minimum value requirement of section 36B(c)(2)(C)(ii) of such Code; (vi) whether such coverage satisfies the requirements to qualify for one of the affordability safe harbors promulgated by the Secretary of the Treasury for purposes of section 4980H of such Code; and (vii) whether the employer reasonably expects to be liable for any shared responsibility payment under section 4980H of such Code for such year; (C) the months during the prospective reporting period that such coverage is available to individuals described in clauses (i) through (iv) of subparagraph (B); (D) what waiting periods, if any, apply with respect to such coverage; and (E) a list of all employer identification numbers of the employer for entities that employ employees within the employers control group under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code for 1986; (2) processes necessary to ensure that Exchanges, the Federal Marketplace Data Services Hub, and the Internal Revenue Service can securely and confidentially access the information described in paragraph (1) as necessary to carry out their respective missions, and to provide to the Secretary of Health and Human Services additional information relating to eligibility determinations for advance payment of the premium tax credits under section 36B of such Code and the cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ); (3) a process to allow Exchanges to follow up with employers in order to obtain additional reasonably necessary information relating to an employee’s eligibility for such advance payment or such cost-sharing subsidies, and to allow an employee to receive notification of any problem in verifying such eligibility; and (4) a process to allow employers using the system to provide timely updates to the Federal Marketplace Data Services Hub regarding any cancellation of coverage or significant change in coverage for participating employees that would change the information reported under paragraph (1). (c) Employer notification of employee enrollment in exchange plans Subparagraph (J) of section 1311(d)(4) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(d)(4)(J) ) is amended by striking to each employer and all that follows through (and the effective date of such cessation); and and inserting to each employer— (i) the name of each employee of the employer who enrolls in a qualified health plan for a plan year, or whose dependents enroll in such a plan, at the time of such enrollment; or (ii) the name of each employee of the employer described in subparagraph (I)(ii) who ceases coverage under a qualified health plan during a plan year (and the effective date of such cessation); and . (d) Exemption from reporting requirement under internal revenue code of 1986 Section 6056 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: (f) Exemption If, through the system created pursuant to section 3(a) of the Commonsense Reporting Act of 2021, an employer provides prospective reporting for any calendar year that meets the requirements of section 3(b)(1) of such Act, such employer shall be treated as satisfying the return requirements of subsections (a), (b), and (c) for such year. . (e) Third-Party filing An employer may contract with a third party to make the report under subsection (b)(1) without affecting the employer’s treatment as having satisfied the return requirements of subsections (a) and (b) of section 6056 of the Internal Revenue Code of 1986. (f) Access to the national directory of new hires Subsection (i)(3) of section 453 of the Social Security Act ( 42 U.S.C. 653 ) is amended by adding at the end the following new sentence: The Secretary of the Treasury and the Secretary of Health and Human Services shall have access to the information in the National Directory of New Hires for purposes of administering section 36B and 4980H of the Internal Revenue Code of 1986 and section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ). Subsection (k)(3) shall not apply to information received for purposes of the administration of such sections 36B and 4980H of such Code and section 1402 of such Act. . (g) Improving employee access to accurate EINS Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall develop and implement guidance for allowing any employee of an employer to receive, on request, the employer’s employer identification number for purposes of section 6056 of the Internal Revenue Code of 1986. Employers shall provide the employer’s employer identification number for purposes of section 6056 of the Internal Revenue Code of 1986 on employee pay statements. (h) Funding for voluntary prospective reporting system There is authorized to be appropriated to the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration such sums as are necessary to carry out this section. 4. Protection of dependent privacy (a) In general Paragraph (1) of section 6055(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: For purposes of subparagraph (B)(i), in the case of an individual other than the primary insured, if the health insurance issuer or the employer is unable to collect or maintain information on the TINs of such individuals (other than for purposes of this section), the Secretary may allow the individual’s full name and date of birth to be substituted for the name and TIN. In the event the Secretary allows the use of the individual’s full name and date of birth in lieu of the TIN, the Social Security Administration shall assist the Internal Revenue Service in providing data matches to determine the TIN associated with the name and date of birth provided by the Internal Revenue Service with respect to such individual. . (b) Effective date The amendment made by this section shall apply to returns the due date for which is after the date that is 60 days after the date of the enactment of this Act. 5. Electronic statements (a) In general Subsection (c) of section 6056 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Electronic delivery An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has affirmatively consented at any prior time, to the person who is the employer of the individual during the calendar year to which the statement relates, to receive such statement in electronic form. The preceding sentence shall not apply if the individual revokes consent in writing with respect to the statement under this subsection. . (b) Statements relating to health insurance coverage Subsection (c) of section 6055 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Electronic delivery An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has affirmatively consented at any prior time, to the person required to make such statement (such as the provider of the individual’s health coverage), to receive in electronic form any private health information (such as electronic health records), unless the individual revokes such consent in writing. . (c) Effective date The amendments made by this section shall apply to statements the due date for which is after December 31, 2021. 6. Time for appeal (a) In general Section 4980H(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Time for appeal The Secretary shall allow an applicable large employer 90 days from the date of the first letter which allows the employer an opportunity for administrative review of a proposed employer shared responsibility payment under this section by the Internal Revenue Service Independent Office of Appeals to appeal the proposed assessment of such payment before issuing the notice and demand for payment under paragraph (1). . (b) Effective date The amendment made by this section shall apply to assessments in taxable years beginning after the date of the enactment of this Act. 7. Statute of limitations on penalty assessment (a) In general Section 4980H(d) of the Internal Revenue Code of 1986, as amended by section 6, is amended by adding at the end the following new paragraph: (5) Statute of limitations on penalty assessment With respect to an assessment of an assessable payment under paragraph (1), the statutory period for such assessment shall expire at the end of the 3-year period beginning on the date the employer files the return under section 6056 for the calendar year with respect to which such payment is determined. . (b) Effective date The amendment made by this section shall apply to proposed assessments with respect to which a letter described in section 4980H(d)(4) of the Internal Revenue Code of 1986 (as added by this section) is issued in taxable years beginning after the date which is 1 year after the date of the enactment of this Act. 8. GAO studies (a) Study of first years of employer reporting (1) In general The Comptroller General of the United States shall conduct a study that evaluates, with respect to the period beginning on January 1, 2015, and ending on December 31, 2020— (A) the notification of employers by Exchanges established under title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) that a full-time employee of the employer has been determined eligible for advance payment of premium tax credits under section 36B of the Internal Revenue Code of 1986 or cost-sharing subsidies under section 1402 of such Act ( 42 U.S.C. 18071 ), including information regarding— (i) the data elements included in the employer notification; (ii) the process by which the notification forms were developed and sent to employers, including whether the process provided for a formal notice and comment period; (iii) whether employers report that such notifications provided sufficient and relevant information for them to make appropriate decisions about whether to utilize the appeals process; (iv) the total number of notifications sent to employers and the timeline of when such notifications were sent; (v) differences in the notification process between the marketplace facilitated by the Federal Government and the State-Based Marketplaces; and (vi) challenges that have arisen in the notification process, and recommendations to address these challenges; and (B) the extent to which the Secretary of Health and Human Services has established a separate appeals process for employers who received such a notification to challenge the eligibility determination, as required by section 1411(f)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(f)(2) ). (2) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means, Energy and Commerce, and Education and Labor of the House of Representatives a report on the results of the study conducted under paragraph (1). (b) Study of prospective reporting system (1) In general The Comptroller General of the United States shall conduct a study that evaluates, with respect to the period beginning on January 1, 2023, and ending on December 31, 2023, the functionality of the prospective reporting system established pursuant to section 3, including the accuracy of information collected, the number of employers electing to report under such system, and any challenges that have arisen in implementing such system. (2) Report Not later than July 1, 2024, the Comptroller General shall submit to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means, Energy and Commerce, and Education and Labor of the House of Representatives a report on the results of the study conducted under paragraph (1). 9. Tax Compliance (a) In general Section 6724(d)(1)(B)(xxv) of the Internal Revenue Code of 1986 is amended by inserting or, in the case of an employer to which section 6056(f) applies, section 3(b)(1) of the Commonsense Reporting Act of 2022 before , or . (b) Effective date The amendment made by this section shall apply to returns required to be filed after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3673is/xml/BILLS-117s3673is.xml |
117-s-3674 | II 117th CONGRESS 2d Session S. 3674 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Warner (for himself, Mr. Young , Mr. King , Mr. Sasse , Mr. Hoeven , and Mr. Bennet ) 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 Labor to establish a pilot program for providing portable benefits to eligible workers, and for other purposes.
1. Short title This Act may be cited as the Portable Benefits for Independent Workers Pilot Program Act . 2. Findings Congress finds the following: (1) Many independent workers, constituting a growing percentage of the workforce in the United States, do not have access to benefits and protections typically provided through traditional full-time employment. (2) These independent workers are independent contractors, temporary workers, or self-employed, or work pursuant to other contingent or alternative work arrangements. (3) According to a 2015 study by the Comptroller General of the United States, the size of the contingent workforce grew from 35 percent of employed workers in 2006 to 40 percent of employed workers in 2010. (4) According to a 2016 study by economists Lawrence Katz and Alan Krueger, 94 percent of net employment growth in the United States economy from 2005 to 2015 occurred in alternative work arrangements. (5) As the population of independent workers grows, it is increasingly important that workers are provided portable benefits. 3. Definitions In this Act: (1) Eligible organization The term eligible organization means any State or local government or any nonprofit organization. (2) Eligible work The term eligible work means any work performed that is not in connection with traditional full-time employment. (3) Eligible worker The term eligible worker means any worker who is not a traditional full-time employee of the entity hiring the worker for the eligible work, including any independent contractor, contract worker, self-employed individual, freelance worker, temporary worker, or contingent worker. (4) Portable benefits The term portable benefits — (A) means work-related benefits that are provided to eligible workers for eligible work in a manner that allows the worker to maintain the benefits upon changing jobs; and (B) includes— (i) contributions on behalf of the eligible worker made by an entity (including multiple entities, if applicable) in connection with eligible work performed by the worker for the entity, including entities that facilitate the sale of such work; (ii) contributions made by the eligible worker; or (iii) a combination of the contributions described in clauses (i) and (ii). (5) Secretary The term Secretary means the Secretary of Labor. (6) Work-related benefits The term work-related benefits means benefits, including protections, of a type that are commonly provided to traditional full-time employees, such as workers’ compensation, skills training, disability coverage, health insurance coverage, retirement saving, income security, and short-term saving. 4. Establishment of portable benefits pilot program (a) In general The Secretary, in consultation with the head of any other relevant Federal agency, shall award grants for fiscal year 2022, on a competitive basis, to eligible organizations to support broad innovation and experimentation with respect to portable benefits. (b) Uses of funds (1) Types of grants The grants awarded under subsection (a) shall be grants for— (A) the evaluation, or improvement to the design or implementation, of existing models or approaches for providing portable benefits; or (B) the design, implementation, and evaluation of new models or approaches for providing such benefits. (2) Requirement regarding retirement-related benefits An eligible organization that receives a grant under subsection (a) may not use the grant to fund a model or approach described in paragraph (1) that provides only retirement-related benefits. (c) Potential for national applicability In awarding grants under subsection (a), the Secretary shall consider the potential of the model or approach described in subsection (b)(1) to be replicated on a large scale or at the national level. (d) Applications Each eligible organization that desires to receive a grant under subsection (a) shall submit an application to the Secretary, at such time, in such manner, and accompanied by such information as the Secretary may require. 5. Report to Congress Not later than September 30, 2024, the Comptroller General of the United States shall evaluate the outcome of the grants awarded under section 4(a) and provide a report on such evaluation to Congress. Such report shall include an assessment of the impact of such grants on the compensation of workers receiving portable benefits under section 4. 6. Authorization of appropriations (a) In general There is authorized to be appropriated for fiscal year 2022— (1) $5,000,000 to carry out the grants described in section 4(b)(1)(A); and (2) $15,000,000 to carry out the grants described in section 4(b)(1)(B). (b) Availability Amounts appropriated under subsection (a) shall remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s3674is/xml/BILLS-117s3674is.xml |
117-s-3675 | II 117th CONGRESS 2d Session S. 3675 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Casey (for himself, Mr. Young , Ms. Stabenow , Ms. Collins , Ms. Sinema , Mr. Scott of South Carolina , Mr. Brown , and Ms. Smith ) 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 establish a system to notify individuals approaching Medicare eligibility.
1. Short title This Act may be cited as the Beneficiary Enrollment Notification and Eligibility Simplification 2.0 Act or the BENES 2.0 Act . 2. Beneficiary enrollment notification and eligibility simplification (a) Eligibility and enrollment notices (1) As part of social security account statement for individuals attaining ages 60 to 65 (A) In general Section 1143(a) of the Social Security Act ( 42 U.S.C. 1320b–13(a) ) is amended by adding at the end the following new paragraph: (4) Medicare eligibility information (A) In general In the case of statements provided on or after the date that is 2 years after the date of the enactment of this paragraph to individuals who are attaining ages 60, 61, 62, 63, 64 and 65, the statement shall also include a notice containing the information described in subparagraph (B). (B) Contents of notice The notice required under subparagraph (A) shall include a clear, simple explanation of— (i) eligibility for benefits under the Medicare program under title XVIII, and in particular benefits under part B of such title; (ii) the reasons a late enrollment penalty for failure to timely enroll could be assessed and how such late enrollment penalty is calculated, in particular for benefits under such part B; (iii) the availability of relief from such late enrollment penalty and retroactive enrollment under section 1837(h) (including as such section is applied under sections 1818(c) and 1818A(c)(3)), with examples of circumstances under which such relief may be granted and examples of circumstances under which such relief would not be granted; (iv) coordination of benefits (including primary and secondary coverage scenarios) pursuant to section 1862(b), in particular for benefits under such part B; (v) enrollment, eligibility, and coordination of benefits under title XVIII with respect to populations, for whom there are special considerations, such as residents of Puerto Rico and veterans; and (vi) online resources and toll-free telephone numbers of the Social Security Administration and the Centers for Medicare & Medicaid Services (including 1–800–MEDICARE and the national toll-free number of the Social Security Administration) that provide information on eligibility for benefits under the Medicare program under title XVIII. (C) Development of notice (i) In general The Secretary, in coordination with the Commissioner of Social Security, and taking into consideration information collected pursuant to clause (ii), shall, not later than 12 months after the last day of the period for the request of information described in clause (ii), develop the notice to be provided pursuant to subparagraph (A). (ii) Request for information Not later than 6 months after the date of the enactment of this paragraph, the Secretary shall request written information, including recommendations, from stakeholders (including the groups described in subparagraph (D)) on the information to be included in the notice. (iii) Notice improvement Beginning 4 years after the date of the enactment of this paragraph, and not less than once every 2 years thereafter, the Secretary, in coordination with the Commissioner of Social Security, shall— (I) review the content of the notice to be provided under subparagraph (A); (II) request written information, including recommendations, on such notice through a request for information process as described in clause (ii); and (III) update and revise such notice as the Secretary deems appropriate. (D) Groups For purposes of subparagraph (C)(ii), the groups described in this subparagraph include the following: (i) Individuals who are 60 years of age or older. (ii) Veterans. (iii) Individuals with disabilities. (iv) Individuals with end stage renal disease. (v) Low-income individuals and families. (vi) Employers (including human resources professionals). (vii) States (including representatives of State-run Health Insurance Exchanges, Medicaid offices, and Departments of Insurance). (viii) State Health Insurance Assistance Programs. (ix) Health insurers. (x) Health insurance agents and brokers. (xi) Such other groups as specified by the Secretary. (E) Posting of notice on websites The Commissioner of Social Security and the Secretary shall post the notice required under subparagraph (A) on the public internet website of the Social Security Administration and on Medicare.gov (or a successor website), respectively. (F) No effect on obligation to mail statements Nothing in this paragraph shall be construed to relieve the Commissioner of Social Security from any requirement under subsection (c), including the requirement to mail a statement on an annual basis to each eligible individual who is not receiving benefits under title II and for whom a mailing address can be determined through such methods as the Commissioner determines to be appropriate. . (B) Timing of statements Section 1143(c)(2) of the Social Security Act ( 42 U.S.C. 1320b–13(c)(2) ) is amended by adding at the end the following new sentence: With respect to statements provided to individuals who are attaining age 65, as described in subsection (a)(4), such statements shall be mailed not earlier than 6 months and not later than 3 months before the individual attains such age. . (2) Social security beneficiaries Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by inserting after section 1144 the following new section: 1144A. Medicare enrollment notification and eligibility notices for Social Security beneficiaries prior to medicare eligibility (a) Notices (1) In general The Commissioner of Social Security shall distribute the notice to be provided pursuant to section 1143(a)(4), as may be modified under paragraph (2), to individuals entitled to monthly insurance benefits under title II in accordance with subsection (b). (2) Authority to modify notice The Secretary, in coordination with the Commissioner of Social Security, may modify the notice to be distributed under paragraph (1) as necessary to take into account the individuals described in such paragraph. (3) Posting of notice on websites The Commissioner of Social Security and the Secretary shall post the notice required to be distributed under paragraph (1) on the public internet website of the Social Security Administration and on Medicare.gov (or a successor website), respectively. (b) Timing Beginning not later than 2 years after the date of the enactment of this section, a notice required under subsection (a)(1) shall be mailed to an individual described in such subsection— (1) in the third month before the date on which such individual’s initial enrollment period begins as provided under section 1837; and (2) in the case of an individual with respect to whom section 226(b) applies (except for an individual who will attain age 65 during the 24 month period described in such section), in the month before such date on which such individual’s initial enrollment period so begins. . | https://www.govinfo.gov/content/pkg/BILLS-117s3675is/xml/BILLS-117s3675is.xml |
117-s-3676 | II 117th CONGRESS 2d Session S. 3676 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to reauthorize the South Florida Geographic Program, and for other purposes.
1. Short title This Act may be cited as the South Florida Ecosystem Enhancement Act of 2022 . 2. South Florida program Title I of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) is amended by adding at the end the following: 125. South Florida (a) Definitions In this section: (1) Science Coordination Group The term Science Coordination Group means the South Florida Ecosystem Restoration Science Coordination Group established to support the South Florida Ecosystem Restoration Task Force. (2) Senior Advisor The term Senior Advisor means the Senior Advisor of the South Florida Program. (3) South Florida The term South Florida means— (A) all land and water within the administrative boundaries of the South Florida Water Management District and adjacent coastal waterbodies, including all coastal water landward of Florida's Coral Reef; and (B) Florida's Coral Reef and the associated patch reef, hard-bottom, and seagrass resources. (4) South Florida Ecosystem Restoration Task Force The term South Florida Ecosystem Task Force means the South Florida Ecosystem Restoration Task Force established by section 528(f)(1) of the Water Resources Development Act of 1996 ( Public Law 104–303 ; 110 Stat. 3771). (5) South Florida Ecosystem Restoration Working Group The term South Florida Ecosystem Working Group means the working group established by the South Florida Ecosystem Task Force pursuant to section 528(f)(2)(D) of the Water Resources Development Act of 1996 ( Public Law 104–303 ; 110 Stat 3771). (6) South Florida Program The term South Florida Program means the South Florida Program established within the Water Division of the Region 4 Office of the Environmental Protection Agency. (b) South Florida Ecosystem Restoration Working Group The Senior Advisor shall serve as the representative of the Environmental Protection Agency on the South Florida Ecosystem Restoration Working Group. (c) Grant program (1) Establishment Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022 , the Senior Advisor shall establish a grant program (referred to in this subsection as the grant program ) to carry out projects to monitor, enhance, or restore water quality, wetlands, aquatic ecosystems, or marine habitat— (A) in South Florida; and (B) outside of South Florida but within the study area boundaries of— (i) the Indian River Lagoon National Estuary Program authorized under section 320; and (ii) the Coastal and Heartland National Estuary Partnership authorized under that section. (2) Eligible entities An entity eligible to receive a grant under the grant program is— (A) a State agency; (B) a unit of local government; (C) an institution of higher education; (D) a federally recognized Indian Tribe; and (E) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code. (3) Selection (A) Application An eligible entity seeking a grant under the grant program shall submit to the Senior Advisor an application at such time, in such manner, and containing such information as the Senior Advisor may require. (B) Limitations (i) Location of projects Not more than 15 percent of the amounts made available to carry out this subsection for each fiscal year may be awarded for projects that would be carried out in locations described in paragraph (1)(B). (ii) Other sources of funding (I) In general Subject to subclause (II), in selecting recipients of grants under the grant program, the Senior Advisor may not award a grant to carry out a water infrastructure activity that has received assistance— (aa) from a State water pollution control revolving fund established under title VI; (bb) from a State drinking water treatment revolving loan fund established under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ); or (cc) pursuant to the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3901 et seq. ). (II) Exception The Senior Advisor may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act ( 33 U.S.C. 2289a(a) )), or to conduct an ecosystem restoration project, that improves habitat and other ecosystem functions. (4) Allocation Of the amounts made available to carry out this section each fiscal year, not less than 33 percent shall be used to carry out this subsection. (d) Support for South Florida ecosystem restoration special projects and activities (1) Interagency agreement The Senior Advisor shall, on an annual basis, develop and execute interagency agreements or cooperative agreements with appropriate Federal, State, local, or Tribal agencies to provide funding for 1 or more special projects or activities within South Florida on the recommendation of the South Florida Ecosystem Restoration Task Force. (2) Coordination The Senior Advisor shall coordinate with the Senior Advisor of the Office of Everglades Restoration Initiatives of the Department of the Interior to annually solicit and receive a priority list of special projects or activities that enhance the capacity of Federal, State, local, or Tribal agencies participating in the South Florida Ecosystem Restoration Task Force, the South Florida Ecosystem Restoration Working Group, and the Science Coordination Group to fulfill the mandate under section 528 of the Water Resources Development Act of 1996 ( Public Law 104–303 ; 110 Stat. 3767), title VI of the Water Resources Development Act of 2000 ( Public Law 106–541 ; 114 Stat. 2680), and other applicable law to restore the South Florida ecosystem. (3) Allocation Of the amounts made available to carry out this section each fiscal year, not less than 50 percent shall be used to carry out this subsection. (e) Education grants (1) Establishment Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022 , the Senior Advisor shall establish an education grant program (referred to in this subsection as the grant program ) to support educational and environmental literacy efforts focused on regional bodies of water in South Florida. (2) Eligible entities An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is— (A) a State, local, or Tribal government entity, including a public school district; (B) an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(c) of that Code; or (C) an institution of higher education. (3) Use of funds Each fiscal year, the Senior Advisor shall award grants under the grant program for public engagement, environmental literacy, and education efforts with respect to any of the following: (A) Biscayne Bay. (B) Caloosahatchee River and Estuary. (C) Charlotte Harbor. (D) The Everglades. (E) Everglades Headwaters. (F) Florida Bay. (G) Florida’s Coral Reef. (H) Lake Okeechobee. (I) Loxahatchee River and Lake Worth Lagoon. (J) Indian River Lagoon. (K) St. Lucie River and Estuary. (4) Selection (A) Application An eligible entity seeking a grant under the grant program shall submit to the Senior Advisor an application at such time, in such manner, and containing such information as the Senior Advisor may require. (B) Priority consideration In selecting entities to be awarded grants under the grant program, the Senior Advisor shall give priority to applications that seek to fund field trips for socially disadvantaged students in public elementary schools and public secondary schools to access publicly protected lands and natural resources. (5) Cost-share (A) In general Subject to subparagraph (B), the Federal share of a project carried out using a grant under the grant program may not exceed 50 percent of the total cost of the project. (B) Waiver The Senior Advisor may waive the Federal share requirement under subparagraph (A) for projects carried out to support efforts described in paragraph (4)(B). (6) Allocation Of the amounts made available to carry out this section each fiscal year, the Senior Advisor may use not more than 1 percent to carry out this subsection. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator $50,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (2) Administrative costs Of the amounts made available to carry out this section under paragraph (1) each fiscal year, the Senior Advisor may use not more than 2 percent for administrative costs. . | https://www.govinfo.gov/content/pkg/BILLS-117s3676is/xml/BILLS-117s3676is.xml |
117-s-3677 | II 117th CONGRESS 2d Session S. 3677 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Durbin (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 amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to provide professional counseling services to victims of emergencies declared under such Act, and for other purposes.
1. Short title This Act may be cited as the Post-Disaster Mental Health Response Act . 2. Crisis counseling assistance and training Section 502(a)(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5192(a)(6) ) is amended by inserting and section 416 after section 408 . | https://www.govinfo.gov/content/pkg/BILLS-117s3677is/xml/BILLS-117s3677is.xml |
117-s-3678 | II 117th CONGRESS 2d Session S. 3678 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Warnock (for himself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To authorize the National Detector Dog Training Center, and for other purposes.
1. Short title This Act may be cited as the Beagle Brigade Act of 2022 . 2. National Detector Dog Training Center (a) In general There is established a National Detector Dog Training Center (referred to in this Act as the Center ). (b) Duties The Center shall have the following duties: (1) Training dogs for the purpose of safeguarding domestic agricultural and natural resources from foreign and invasive pests and diseases. (2) Training human handlers to successfully select and train dogs for the purpose described in paragraph (1). (3) Collaborating with relevant Federal agencies, including U.S. Customs and Border Protection, to safeguard domestic agricultural and natural resources. (4) Collaborating with external stakeholders, including State departments of agriculture, local and county agricultural officials, private sector entities, and other relevant non-Federal partners. (5) Ensuring the health and welfare of all dogs under the care of the Center, including by ensuring access to necessary veterinary care, adequate shelter, and proper nutrition. (6) Providing opportunities for private adoption of retirement-age trained dogs and dogs that do not complete training. (7) Any other duties necessary to safeguard domestic agricultural and natural resources from foreign and invasive pests and diseases, as determined by the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service. (c) Authorization of appropriations In addition to any other amounts made available for the operation of the Center, there are authorized to be appropriated to the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, such sums as are necessary for fiscal year 2022, and each fiscal year thereafter, for the operation of the Center. 3. Report Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, shall submit to Congress a report that contains— (1) a description of current and emerging threats to domestic agricultural and natural resources from foreign pests and diseases within the purview of the operations of the Center; (2) an examination of the role that the Center plays in the protection against foreign pests and diseases; (3) a description of improvements needed in Federal programs to minimize threats from foreign pests and diseases within the purview of the operations of the Center, including strengthened coordination among the Animal and Plant Health Inspection Service, U.S. Customs and Border Protection, and other relevant Federal agencies; (4) recommendations to strengthen the capabilities of the Center in protecting against foreign pests and diseases; and (5) recommendations to improve— (A) the dog procurement procedures of the Center; and (B) private adoption opportunities for retirement-age trained dogs and dogs that do not complete training. | https://www.govinfo.gov/content/pkg/BILLS-117s3678is/xml/BILLS-117s3678is.xml |
117-s-3679 | II 117th CONGRESS 2d Session S. 3679 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Kennedy (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To develop and disseminate a civic education curriculum and oral history resources regarding certain political ideologies, and for other purposes.
1. Short title This Act may be cited as the Crucial Communism Teaching Act . 2. Purposes The purposes of this Act are the following: (1) To help families, civic institutions, local communities, local educational agencies, high schools, and State educational agencies to prepare high school students to be civically responsible and knowledgeable adults. (2) To ensure that high school students in the United States— (A) learn that communism has led to the deaths of more than 100,000,000 victims worldwide; (B) understand the dangers of communism and similar political ideologies; and (C) understand that 1,500,000,000 people still suffer under communism. 3. Development and dissemination of civic education curriculum and oral history resources The independent entity created under section 905(b)(1)(B) of the FRIENDSHIP Act ( Public Law 103–199 ; 107 Stat. 2331), also known as the Victims of Communism Memorial Foundation , shall— (1) develop a civic education curriculum for high school students that— (A) includes a comparative discussion of certain political ideologies, including communism and totalitarianism, that conflict with the principles of freedom and democracy that are essential to the founding of the United States; (B) is accurate, relevant, and accessible, so as to promote the understanding of such political ideologies; and (C) is compatible with a variety of courses, including social studies, government, history, and economics classes; (2) develop oral history resources that may be used alongside the curriculum described in paragraph (1) and that include personal stories, titled Portraits in Patriotism , from diverse individuals who— (A) demonstrate civic-minded qualities; (B) are victims of the political ideologies described in paragraph (1)(A); and (C) are able to compare the political ideologies described in paragraph (1)(A) with the political ideology of the United States; and (3) engage with State and local educational leaders to assist high schools in using the curriculum described in paragraph (1) and the resources described in paragraph (2). 4. Definitions The terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) shall apply to this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3679is/xml/BILLS-117s3679is.xml |
117-s-3680 | II 117th CONGRESS 2d Session S. 3680 IN THE SENATE OF THE UNITED STATES February 17, 2022 Ms. Rosen (for herself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States to repeal increases in duties and a tariff-rate quota on certain crystalline silicon photovoltaic cells and to require the Secretary of Energy to establish and carry out a program to support and incentivize manufacturing of solar energy components in the United States, and for other purposes.
1. Short title This Act may be cited as the Protecting American Solar Jobs and Lowering Costs Act . 2. Repeal of increases in duty and a tariff-rate quota on certain crystalline silicon photovoltaic cells (a) Findings Congress finds the following: (1) According to the National Solar Jobs Census, the solar workforce increased by 167 percent between 2010 and 2020, adding approximately 156,000 jobs. (2) Nearly 90 percent of solar jobs in the United States are in the installation, operation and maintenance, sales, distribution, and project development sectors, all of which heavily depend on the availability of affordable solar panels. (3) In 2020, solar accounted for 43 percent of all new electricity-generating capacity in the United States, representing solar’s largest ever share of new generating capacity and ranking first among all technologies for the second year in a row. (4) According to the Solar Energy Industries Association, the United States solar industry has lost almost 13,000 jobs since duties were imposed under chapter 1 of title II of the Trade Act of 1974 ( 19 U.S.C. 2251 et seq. ) with respect to solar cells and modules in 2018, in addition to almost 20,000 projected new solar jobs that were not realized as a result of those duties. (b) Repeal Subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is amended— (1) by striking U.S. Note 18; and (2) by striking— (A) subheadings 9903.45.21 and 9903.45.22, and the superior text to such subheadings; and (B) subheading 9903.45.25. (c) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after that date. 3. Support for domestic solar manufacturing (a) In general Subject to the availability of appropriations, the Secretary of Energy shall establish and carry out a program to support and incentivize manufacturing of solar energy components in the United States. (b) Emphasis The program required under subsection (a) may emphasize the following: (1) Research and development to expand and reduce the cost of manufacturing polysilicon, solar panels, encapsulants, backsheets, and inverters in the United States. (2) Development of new manufacturing capabilities for solar products not currently manufactured in the United States, including ingots, wafers, or cells. (3) Developing and deploying educational and skills training curricula needed to support the solar industry and ensure the United States can build and maintain a trusted and predictable talent pipeline for the manufacturing of solar products in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s3680is/xml/BILLS-117s3680is.xml |
117-s-3681 | II 117th CONGRESS 2d Session S. 3681 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Thune (for himself, Mr. Risch , Mrs. Blackburn , Mr. Braun , Mr. Cramer , Mr. Cruz , Mr. Daines , Ms. Ernst , Mrs. Hyde-Smith , Mr. Hoeven , Mr. Rubio , Mr. Scott of South Carolina , Mr. Sullivan , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the Secretary of State to submit to Congress classified dissent cables relating to the withdrawal of the United States Armed Forces from Afghanistan.
1. Submission to Congress of dissent cables relating to withdrawal of the United States Armed Forces from Afghanistan (a) Submission of classified dissent cables to Congress Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress any classified Department of State cable or memo that expresses a dissenting recommendation or opinion with respect to the withdrawal of the United States Armed Forces from Afghanistan. (b) Public availability of unclassified dissent cables Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall make available to the public an unclassified version of any such cable or memo. (c) Protection of personally identifiable information The name and any other personally identifiable information of an author of a cable or memo referred to in subsection (a) shall be redacted before submission under that subsection or publication under subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-117s3681is/xml/BILLS-117s3681is.xml |
117-s-3682 | II 117th CONGRESS 2d Session S. 3682 IN THE SENATE OF THE UNITED STATES February 17, 2022 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To increase the loan limits under the business loan program and the 504 loan program of the Small Business Administration for businesses principally engaged in agriculture, manufacturing, or production of critical and emerging technologies, and for other purposes.
1. Short title This Act may be cited as the American Small Business Competition Act of 2022 . 2. Loan limits (a) Business loan program Section 7(a)(3) of the Small Business Act ( 15 U.S.C. 636(a)(3) ) is amended— (1) in subparagraph (A), by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; (2) in subparagraph (B), by striking and at the end; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B) the following: (C) if the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund established by this Act would exceed $7,500,000 (or if the gross loan amount would exceed $10,000,000), for a small business concern— (i) that is principally engaged in agriculture, manufacturing, or production of a technology listed on the Critical and Emerging Technologies List issued by the National Security Council, or any successor thereto; (ii) for which the headquarters of the small business concern is located in the United States; and (iii) that includes in the application of the small business concern for the loan under this subsection information regarding any foreign individual or entity that owns not less than 5 percent of the small business concern; and . (b) 504 loan program Section 502(2)(A) of the Small Business Investment Act of 1958 ( 15 U.S.C. 696(2)(A) ) is amended— (1) in clause (i), by striking or (v) and inserting (v), or (vi) ; (2) in clause (iv), by striking and at the end; (3) in clause (v), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (vi) $10,000,000 for each project of a small business concern principally engaged in agriculture, manufacturing, or production of a technology listed on the Critical and Emerging Technologies List issued by the National Security Council, or any successor thereto. . 3. Report regarding access to capital for small businesses Not later than 1 year after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to Congress a report that— (1) provides a description of the effect of inflation and supply chain disruption during the 3-year period ending on the date of enactment of this Act on the cost to small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 636 )) of obtaining access to capital, disaggregated by industry; and (2) makes recommendations, in partnership with the Office of Advocacy of the Small Business Administration, on how to support access to capital for small business concerns involved in domestic manufacturing, agriculture, and production of technologies listed on the Critical and Emerging Technologies List issued by the National Security Council, or any successor thereto. | https://www.govinfo.gov/content/pkg/BILLS-117s3682is/xml/BILLS-117s3682is.xml |
117-s-3683 | II 117th CONGRESS 2d Session S. 3683 IN THE SENATE OF THE UNITED STATES February 17, 2022 Ms. Murkowski (for herself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Alaska Tourism Restoration Act to revise the authority for voyages deemed to have made a stop in a port or place of Canada and deemed a foreign voyage for the purposes of the law of the United States, and for other purposes.
1. Short title This Act may be cited as the Alaska Tourism Restoration Extension Act . 2. Voyages deemed foreign (a) Definitions Subsection (a) of section 2 of the Alaska Tourism Restoration Act ( Public Law 117–14 ) is amended to read as follows: (a) Definitions In this section: (1) Covered cruise ship (A) In general The term covered cruise ship means a vessel carrying passengers for hire that— (i) is listed in subparagraph (B); or (ii) only in the event that a vessel listed in subparagraph (B) experiences a mechanical or operational issue, is determined by the Secretary of the department in which the Coast Guard is operating to take the place of such vessel as a direct substitute of such vessel. (B) List A vessel listed in this subparagraph is any of the following: (i) Queen Elizabeth (IMO number 9477438). (ii) Eurodam (IMO number 9378448). (iii) Koningsdam (IMO number 9692557). (iv) Nieuw Amsterdam (IMO number 9378450). (v) Noordam (IMO number 9230115). (vi) Westerdam (IMO number 9226891). (vii) Zuiderdam (IMO number 9221279). (viii) Crown Princess (IMO number 9293399). (ix) Discovery Princess (IMO number 9837468). (x) Grand Princess (IMO number 9104005). (xi) Majestic Princess (IMO number 9614141). (xii) Royal Princess (IMO number 9584712). (xiii) Ruby Princess (IMO number 9378462). (xiv) Seabourn Odyssey (IMO number 9417086). (xv) Carnival Miracle (IMO number 9237357). (xvi) Carnival Spirit (IMO number 9188647). (xvii) Carnival Splendor (IMO number 9333163). (xviii) L'Austral (IMO number 9502518). (xix) Le Boreal (IMO number 9502506). (xx) Le Commandant Charcot (IMO number 9846249). (xxi) Star Breeze (IMO number 8807997). (xxii) Norwegian Bliss (IMO number 9751509). (xxiii) Norwegian Encore (IMO number 9751511). (xxiv) Norwegian Jewel (IMO number 9304045). (xxv) Norwegian Spirit (IMO number 9141065). (xxvi) Norwegian Sun (IMO number 9218131). (xxvii) Regatta (IMO number 9156474). (xxviii) Seven Seas Mariner (IMO number 9210139). (xxix) Scenic Eclipse (IMO number 9797371). (xxx) SH Minerva (IMO number 9895240). (xxxi) Serenity (IMO number 9243667). (xxxii) Eclipse (IMO number 9404314). (xxxiii) Solstice (IMO number 9362530). (xxxiv) Millennium (IMO number 9189419). (xxxv) Ovation of the Seas (IMO number 9697753). (xxxvi) Quantum of the Seas (IMO number 9549463). (xxxvii) Radiance of the Seas (IMO number 9195195). (xxxviii) Serenade of the Seas (IMO number 9228344). (xxxix) Silver Muse (IMO number 9784350). (xl) Silver Shadow (IMO number 9192167). (xli) Silver Wind (IMO number 8903935). (xlii) Summit (IMO number 9192387). (xliii) Infinity (IMO number 9189421). (xliv) Spectrum of the Seas (IMO number 9778856). (xlv) Navigator of the Seas (IMO number 9227508). (xlvi) Grandeur of the Seas (IMO number 9102978). (xlvii) Brilliance of the Seas (IMO number 9195200). (xlviii) Rhapsody of the Seas (IMO number 9116864. (xlix) Vision of the Seas (IMO number 9116876). (l) Enchantment of the Seas (IMO number 9111802). (li) Viking Orion (IMO number 9796250). (lii) Roald Amundsen (IMO number 9813072). (liii) NG Endurance (IMO number 9842554). (liv) NG Orion (IMO number 9273076). (lv) NG Resolution (IMO number 9880685). (lvi) Ocean Victory (IMO number 9868869). (lvii) Hanseatic Inspiration (IMO number 9817145). (lviii) Heritage Adventurer (IMO number 9000168). (lix) Sylvia Earle (IMO number 9872327). (2) Passenger for hire The term passenger for hire has the meaning given the term in section 2101 of title 46, United States Code. . (b) Criteria Section 2(b)(2) of the Alaska Tourism Restoration Act ( Public Law 117–14 ) is amended by striking February 28, 2022 and inserting February 28, 2023 . (c) Applicability; duration Section 2 of the Alaska Tourism Restoration Act ( Public Law 117–14 ) is amended by striking subsections (f) and (g) and inserting the following: (f) Applicability This section shall apply only during any period during which covered cruise ships are prohibited by the Government of Canada, any political subdivision of Canada, or any port or province of Canada, from berthing or docking in Canadian waters of the Pacific Coast due to the COVID–19 pandemic. . | https://www.govinfo.gov/content/pkg/BILLS-117s3683is/xml/BILLS-117s3683is.xml |
117-s-3684 | II 117th CONGRESS 2d Session S. 3684 IN THE SENATE OF THE UNITED STATES February 17, 2022 Ms. Sinema (for herself, Mr. Grassley , Mr. Wyden , and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title VII of the Social Security Act to provide for a single point of contact at the Social Security Administration for individuals who are victims of identity theft.
1. Short title This Act may be cited as the Improving Social Security’s Service to Victims of Identity Theft Act . 2. Single point of contact for identity theft victims (a) In general Title VII of the Social Security Act ( 42 U.S.C. 901 et seq. ) is amended by adding at the end the following: 714. Single point of contact for identity theft victims (a) In general The Commissioner of Social Security shall establish and implement procedures to ensure that any individual whose social security account number has been misused (such as to fraudulently obtain benefits under title II, VIII, or XVI of this Act, or in a manner that affects an individual’s records at the Social Security Administration, or in a manner that prompts the individual to request a new social security account number) has a single point of contact at the Social Security Administration throughout the resolution of the individual’s case. The single point of contact shall track the individual’s case to completion and coordinate with other units to resolve issues as quickly as possible. (b) Single point of contact (1) In general For purposes of subsection (a), the single point of contact shall consist of a team or subset of specially trained employees who— (A) have the ability to coordinate with other units to resolve the issues involved in the individual's case, and (B) shall be accountable for the case until its resolution. (2) Team or subset The employees included within the team or subset described in paragraph (1) may change as required to meet the needs of the Social Security Administration, provided that procedures have been established to— (A) ensure continuity of records and case history, and (B) notify the individual when appropriate. . (b) Effective date The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3684is/xml/BILLS-117s3684is.xml |
117-s-3685 | II 117th CONGRESS 2d Session S. 3685 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Brown (for himself and Mr. Portman ) 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 conduct a special resource study to determine the suitability and feasibility of establishing the John P. Parker House in Ripley, Ohio, as a unit of the National Park System.
1. Short title This Act may be cited as the John P. Parker House Study Act . 2. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Study area The term study area means the John P. Parker House in Ripley, Ohio, which was recognized as a National Historic Landmark in 1997. 3. Special resource study of John P. Parker House (a) Study The Secretary shall conduct a special resource study of the study area to determine the suitability and feasibility of establishing the John P. Parker House in Ripley, Ohio, as a unit of the National Park System. (b) Study requirements The Secretary shall conduct the study in accordance with section 100507 of title 54, United States Code. (c) Report Not later than 18 months after the date on which funds are made available to carry out this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (1) the results of the study; and (2) any recommendations of the Secretary. | https://www.govinfo.gov/content/pkg/BILLS-117s3685is/xml/BILLS-117s3685is.xml |
117-s-3686 | II 117th CONGRESS 2d Session S. 3686 IN THE SENATE OF THE UNITED STATES February 17, 2022 Ms. Klobuchar (for herself, Mrs. Capito , Ms. Baldwin , and Mr. Tillis ) 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 provide education and training on eating disorders for health care providers and communities, and for other purposes.
1. Short title This Act may be cited as the Anna Westin Legacy Act . 2. Maintaining education and training on eating disorders Subpart 3 of part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb–31 et seq. ) is amended by adding at the end the following: 520N. Center of Excellence for Eating Disorders for education and training on eating disorders (a) In general The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the Center ) to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. (b) Activities The Center operated pursuant to subsection (a)— (1) shall— (A) provide training and technical assistance for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; (B) in carrying out subparagraph (A), develop adaptive training models for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for children and marginalized populations experiencing, or at risk for, eating disorders; (C) provide technical assistance to other centers of excellence, technical assistance centers, and psychiatric consultation lines of the Substance Abuse and Mental Health Services Administration or the Health Resources and Services Administration on eating disorder identification, intervention, and referral for treatment; and (D) coordinate with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration to disseminate training to frontline health care providers and frontline community professionals; and (2) may— (A) coordinate with electronic health record systems for the integration of protocols pertaining to screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; (B) develop adaptive training models for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for Members of the Armed Forces and veterans experiencing, or at risk for, eating disorders; and (C) consult with the Secretary of Defense and the Secretary of Veterans Affairs on prevention, identification, intervention for, and treatment of eating disorders. (c) Authorization of appropriations To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027. . | https://www.govinfo.gov/content/pkg/BILLS-117s3686is/xml/BILLS-117s3686is.xml |
117-s-3687 | II 117th CONGRESS 2d Session S. 3687 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mrs. Gillibrand (for herself, Mr. Moran , Ms. Klobuchar , Mrs. Capito , Mrs. Feinstein , Ms. Collins , Mr. Blumenthal , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Commerce to establish the Manufacturing Communities Support Program, and for other purposes.
1. Short title This Act may be cited as the Made in America Manufacturing Communities Act of 2022 . 2. Manufacturing communities (a) Definitions (1) Eligible consortium The term eligible consortium means a consortium that meets the eligibility criteria established by the Secretary under subsection (c)(2)(A). (2) Manufacturing community The term manufacturing community means an eligible consortium designated by the Secretary under subsection (c)(1). (3) Nonprofit organization The term nonprofit organization means an organization exempt from taxation and described in paragraph (3), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986. (4) Program The term Program means the Manufacturing Communities Support Program established under subsection (b)(1). (5) Secretary The term Secretary means the Secretary of Commerce. (6) Small business concern The term small business concern means the term as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (b) Program authorized (1) In general The Secretary shall establish a program to be known as the Manufacturing Communities Support Program , under which the Secretary shall designate and support eligible consortiums as manufacturing communities. (2) Purpose The purpose of the Program shall be to strengthen the manufacturing base of the United States by making long-term investments in manufacturing communities by supporting— (A) critical skills; (B) facilities; (C) research and development; and (D) small business concerns. (c) Designation of manufacturing communities (1) In general The Secretary shall designate an eligible consortium as a manufacturing community through a competitive process. (2) Eligible consortiums (A) In general The Secretary shall establish criteria for a consortium to be eligible for a designation as a manufacturing community under paragraph (1). (B) Considerations In developing eligibility criteria under subparagraph (A), the Secretary shall consider the merits of— (i) including members from academia, commercial industry, nonprofit organizations, and State and local governmental organizations; (ii) supporting efforts in geographical regions that have capabilities in key technologies or manufacturing base supply chains that the Secretary determines to be critical to codifying the supply chains of the United States; and (iii) the optimal composition and size of a consortium to promote effectiveness, collaboration, and efficiency. (3) Duration Each designation under paragraph (1) shall be for a 5-year period. (4) Renewal (A) In general The Secretary may renew a designation made under paragraph (1) for not more than 2 additional 2-year periods. (B) Criteria for renewal (i) In general The Secretary shall establish criteria for the renewal of a designation under subparagraph (A). (ii) Considerations In establishing criteria for a renewal under clause (i) the Secretary shall consider, with respect to the manufacturing community seeking a renewal— (I) the performance of the manufacturing community in meeting the established goals of the Program; (II) the progress the manufacturing community has made with respect to project-specific metrics, particularly with respect to metrics designed to help manufacturing communities track their own progress; (III) whether any changes to the composition of the manufacturing community or revisions of the plan of the manufacturing community would improve the capabilities of the manufacturing base of the United States; and (IV) any other criteria the Secretary determines appropriate. (5) Application for designation (A) In general An eligible consortium seeking a designation under paragraph (1) shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (B) Considerations In developing application procedures under subparagraph (A), the Secretary shall consider the inclusion of, with respect to an eligible consortium— (i) a description of the regional boundaries of the eligible consortium and the manufacturing capacity of the region; (ii) an evidence-based plan for enhancing the manufacturing base in the United States through the efforts of the eligible consortium; (iii) the investments the eligible consortium proposes and the strategy of the eligible consortium to address gaps in the manufacturing base of the United States; (iv) a description of the outcome-based metrics, benchmarks, and milestones that will track and the evaluation methods that will be used to gauge performance of the eligible consortium; (v) a plan to ensure that members of the eligible consortium are representative of the proposed location of the manufacturing community; (vi) a community that had previously received a designation by the Investing in Manufacturing Communities Partnership of the Economic Development Administration; and (vii) any other matters the Secretary determines appropriate. (C) Strategic planning assistance The Secretary shall provide strategic planning assistance for eligible consortiums that lack experience applying for Federal assistance to ensure such eligible consortiums may submit an application that meets the procedures established by the Secretary under this paragraph. (d) Financial and technical assistance (1) In general As appropriate and for purposes of the Program, the Secretary may award financial or technical assistance to a member of an eligible consortium that has been designated as a manufacturing community. (2) Use of funds A recipient of financial or technical assistance under paragraph (1) shall use the financial or technical assistance to support an investment that will improve the manufacturing base of the United States. (3) Investments supported Investments supported under this subsection may include activities relating to— (A) equipment or facility upgrades; (B) workforce training, retraining, or recruitment and retention, including for women, underrepresented minorities, and veterans; (C) business incubators; (D) advanced research and commercialization, including with Federal laboratories and depots; (E) supply chain development; and (F) assistance for small business concerns. (e) Other Federal assistance The Secretary may make a Federal point of contact available to each eligible consortium designated as a manufacturing community to help such consortium and the members of such consortium access Federal financial and technical assistance. (f) Receipt of transferred funds The Secretary may accept amounts transferred to the Secretary from the head of an agency or a State or local governmental organization to carry out this section. (g) Report Not later than 6 years after the date of the enactment of this Act, the Secretary shall submit to the Congress, and make publicly available, a report that identifies the best practices for an eligible consortium— (1) to be designated as a manufacturing community; and (2) to renew the manufacturing community designation. | https://www.govinfo.gov/content/pkg/BILLS-117s3687is/xml/BILLS-117s3687is.xml |
117-s-3688 | II 117th CONGRESS 2d Session S. 3688 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Warnock (for himself, Ms. Stabenow , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Health and Human Services, acting through the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration, to award grants, contracts, or cooperative agreements to facilitate the funding of community-based mental health and substance use disorder services and peer support programs, and for other purposes.
1. Short title This Act may be cited as the Improving Access to Tele-Behavioral Health Services Act . 2. Awards for community-based mental health and substance use disorder services and peer support programs (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ), acting through the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration, shall establish a program (in this Act referred to as the Program ) to facilitate the funding of community-based mental health and substance use disorder services and peer support programs, including services provided virtually. (b) Award authority In carrying out the Program, the Secretary shall award grants, contracts, or cooperative agreements in accordance with this section. (c) Eligible recipients The Secretary may make an award under the Program to an eligible recipient determined by the Secretary to be authorized and capable of carrying out a project described in subsection (d). (d) Use of funds Funds awarded under the Program may be used to— (1) identify and coordinate care between programs that provide access to community-based mental health and substance use disorder services for juveniles and assist in the coordination of such services; (2) identify and coordinate care between programs that provide access to community-based mental health and substance use disorder services for adults and assist in the coordination of such services; (3) obtain technology required to provide community-based mental health and substance use disorder services virtually, through audio or video telehealth services; (4) compensate a health care provider or a peer specialist for the provision of community-based mental health and substance use disorder services, including services provided virtually; (5) provide education assistance to an individual seeking certification as a peer specialist; (6) provide for workforce development, recruitment, and retention activities, to train, recruit, and retain peer specialists; (7) support the provision of peer specialist-facilitated mental health and substance use disorder support services on a virtual platform by an entity that, prior to the award, was providing such services in-person; or (8) expand or improve virtual, peer specialist-facilitated mental health and substance use disorder support services carried out by the entity prior to the date of enactment of this Act. (e) Applications To be eligible for an award under the Program, an eligible recipient shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be appropriate. (f) Guidance Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue guidance on the requirements an eligible recipient shall take to provide community-based mental health and substance use disorder services. (g) Supplement not supplant Federal funds awarded to an eligible recipient pursuant to the Program shall be used to supplement, but not supplant, any other Federal, State, or local funds available to such eligible recipient. (h) Report (1) Report Not later than 90 days after the date on which funds are distributed under the Program, and annually thereafter, the Secretary shall submit to Congress a report on the Program that includes— (A) the number of awards made under the Program; (B) the physical location of each awardee selected under the Program; (C) the amount requested and amount awarded for each award under the Program; and (D) whether funds were used during the COVID–19 public health emergency. (2) Publication requirement On the date on which a report is submitted under paragraph (1) or (2), the Secretary shall publish such report on the website of the Department of Health and Human Services. (i) Authorization of appropriations There is authorized to be appropriated to carry out the Program $5,000,000 for each of fiscal years 2023 through 2027. (j) Definitions In this section: (1) COVID–19 public health emergency The term COVID–19 public health emergency means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 27, 2020, with respect to COVID–19. (2) Eligible recipient The term eligible recipient means— (A) a department of health or a department of public health, in coordination with a State; (B) a nonprofit health program that primarily serves individuals with mental health or substance abuse disorders; (C) community-based nonprofit entity, that is a consumer-controlled and is certified in accordance with applicable State law to deliver peer specialist support services at a State or local level; (D) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), providing service learning and civic-engagement courses for peer specialist training; (E) a State or local law enforcement agency or other State first responder agency; or (F) an Indian Tribe or Tribal organization. (3) Health care provider The term health care provider means a certified provider who provides mental health and substance use disorder services. (4) Indian Tribe; Tribal organization The terms Indian Tribe and Tribal organization have the meanings given the terms Indian tribe and tribal organization in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Peer specialist The term peer specialist includes— (A) a certified peer specialist; (B) a peer recovery specialist; and (C) a recovery coach. (6) State The term State means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States, or an Indian Tribe. | https://www.govinfo.gov/content/pkg/BILLS-117s3688is/xml/BILLS-117s3688is.xml |
117-s-3689 | II 117th CONGRESS 2d Session S. 3689 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Warnock (for himself, Ms. Stabenow , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To ensure that, after the declaration of a major disaster, States, local governments, and Indian tribal governments affected by the major disaster receive immediate approval for services and assistance under section 416 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
1. Short title This Act may be cited as the Crisis Counseling Act . 2. Crisis counseling assistance and training Section 416 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5183 ) is amended— (1) by striking The President is authorized and inserting the following: (a) In general The President is authorized ; and (2) by adding at the end the following: (b) Immediate assistance required (1) In general A State or local agency, or an Indian tribal government, that is affected by a major disaster may submit to the President a request for the financial assistance described in subsection (a). (2) Immediate approval Immediately upon receipt of a request for financial assistance under paragraph (1), the President shall— (A) approve the request; and (B) grant the financial assistance. . | https://www.govinfo.gov/content/pkg/BILLS-117s3689is/xml/BILLS-117s3689is.xml |
117-s-3690 | II 117th CONGRESS 2d Session S. 3690 IN THE SENATE OF THE UNITED STATES February 17, 2022 Ms. Hirono (for herself, Mr. Booker , Mr. Markey , Mr. Sanders , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To repeal the Alien Enemies Act.
1. Short title This Act may be cited as the Neighbors Not Enemies Act . 2. Repeal of Alien Enemies Act Sections 4067 through 4070 of the Revised Statutes of the United States ( 50 U.S.C. 21–24 ) are repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s3690is/xml/BILLS-117s3690is.xml |
117-s-3691 | II 117th CONGRESS 2d Session S. 3691 IN THE SENATE OF THE UNITED STATES February 17, 2022 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To reduce Federal spending and the deficit by terminating taxpayer financing of Presidential election campaigns.
1. Short title This Act may be cited as the Eliminating Leftover Expenses for Campaigns from Taxpayers (ELECT) Act of 2022 . 2. Termination of taxpayer financing of Presidential election campaigns (a) Termination of designation of income tax payments Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Termination This section shall not apply to taxable years beginning after December 31, 2021. . (b) Termination of fund and account (1) Termination of Presidential election campaign fund (A) In general Chapter 95 of subtitle H of such Code is amended by adding at the end the following new section: 9013. Termination The provisions of this chapter shall not apply with respect to any Presidential election (or any Presidential nominating convention) after the date of the enactment of this section, or to any candidate in such an election. . (B) Transfer of remaining funds Section 9006 of such Code is amended by adding at the end the following new subsection: (d) Transfer of funds remaining after termination The Secretary shall transfer the amounts in the fund as of the date of the enactment of this subsection to the general fund of the Treasury, to be used only for reducing the deficit. . (2) Termination of account Chapter 96 of subtitle H of such Code is amended by adding at the end the following new section: 9043. Termination The provisions of this chapter shall not apply to any candidate with respect to any Presidential election after the date of the enactment of this section. . (c) Clerical amendments (1) The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9013. Termination. . (2) The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9043. Termination. . | https://www.govinfo.gov/content/pkg/BILLS-117s3691is/xml/BILLS-117s3691is.xml |
117-s-3692 | II 117th CONGRESS 2d Session S. 3692 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Hickenlooper (for himself, Mr. Moran , Mr. Tester , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Federal Communications Commission to evaluate and consider the impact of the telecommunications network equipment supply chain on the deployment of universal service, and for other purposes.
1. Short title This Act may be cited as the Network Equipment Transparency Act or the NET Act . 2. Telecommunications supply chain consideration Section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Status of telecommunications supply chain As part of the inquiry required by subsection (b), the Commission shall, to the extent that data is available, determine whether a lack of network equipment significantly impacted the deployment of advanced telecommunications capability during the applicable year. . | https://www.govinfo.gov/content/pkg/BILLS-117s3692is/xml/BILLS-117s3692is.xml |
117-s-3693 | II 117th CONGRESS 2d Session S. 3693 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Hickenlooper (for himself and Mr. Romney ) 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 continue to implement endangered fish recovery programs for the Upper Colorado and San Juan River Basins, and for other purposes.
1. Short title This Act may be cited as the Upper Colorado and San Juan River Basins Recovery Act . 2. Extension of authorizations related to fish recovery programs Section 3 of Public Law 106–392 (114 Stat. 1603 et seq.) is amended— (1) by striking 2023 each place it appears and inserting 2024 ; (2) in subsection (b)(1), by striking $179,000,000 and inserting $184,000,000 ; (3) in subsection (b)(2), by striking $30,000,000 and inserting $25,000,000 ; (4) in subsection (h), by striking , at least 1 year prior to such expiration, ; and (5) in subsection (j), by striking 2021 each place it appears and inserting 2022 . | https://www.govinfo.gov/content/pkg/BILLS-117s3693is/xml/BILLS-117s3693is.xml |
117-s-3694 | II 117th CONGRESS 2d Session S. 3694 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Wicker (for himself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the Department of Homeland Security from requiring vaccination against COVID–19 for essential critical infrastructure workers crossing the border, and for other purposes.
1. Short title This Act may be cited as the Continuing Safe Essential Travel Across our Border Act of 2022 . 2. Prohibition on requiring vaccination against COVID–19 for essential critical infrastructure workers crossing the border The Department of Homeland Security, and any component of the Department of Homeland Security, may not require an essential critical infrastructure worker to be vaccinated against COVID–19 as a condition to engage in essential travel— (1) from the United States to Mexico or Canada; or (2) into the United States from Mexico or Canada. | https://www.govinfo.gov/content/pkg/BILLS-117s3694is/xml/BILLS-117s3694is.xml |
117-s-3695 | II 117th CONGRESS 2d Session S. 3695 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Scott of Florida (for himself, Mr. Cruz , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit representatives of the United States from voting at the International Monetary Fund for any Special Drawing Rights allocations, quota increases, or policy modifications that would benefit certain countries, and for other purposes.
1. Short title This Act may be cited as the IMF Accountability Act of 2022 . 2. Prohibition on allocations of Special Drawing Rights by International Monetary Fund for certain countries without congressional authorization Section 6 of the Special Drawing Rights Act ( 22 U.S.C. 286q ) is amended by adding at the end the following: (c) (1) Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States vote to allocate Special Drawing Rights under article XVIII, sections 2 and 3, of the Articles of Agreement of the Fund to any of the following countries: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. (E) Cuba. (F) Venezuela. (G) Nicaragua. (H) Afghanistan, while under control of the Taliban. (2) In this paragraph, the term Taliban means— (A) the entity known as the Taliban, operating in Afghanistan, and designated as a specially designated global terrorist under 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); or (B) a successor entity of the entity described in subparagraph (A). . 3. Prohibition on modifications to quotas and policies of the International Monetary Fund that would benefit certain countries (a) In general The Secretary of the Treasury shall direct the United States Executive Director of the International Monetary Fund to use the voice and vote of the United States to oppose any proposal— (1) to increase the quota in the Fund of a country specified in subsection (b); or (2) to modify the exceptional access policy of the Fund if such modification would allow the Fund to provide funding under such policy to any country specified in subsection (b). (b) Countries specified The countries specified in this subsection are the following: (1) The People's Republic of China. (2) The Russian Federation. (3) The Islamic Republic of Iran. (4) The Democratic People's Republic of Korea. (5) Cuba. (6) Venezuela. (7) Nicaragua. (8) Afghanistan, while under control of the Taliban. (c) Taliban defined In this section, the term Taliban means— (1) the entity known as the Taliban, operating in Afghanistan, and designated as a specially designated global terrorist under 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); or (2) a successor entity of the entity described in paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s3695is/xml/BILLS-117s3695is.xml |
117-s-3696 | II 117th CONGRESS 2d Session S. 3696 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Warnock (for himself, Mr. Padilla , and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish the position of Interagency Coordinator for Behavioral Health to coordinate the programs and activities of the Federal Government relating to mental health, and for other purposes.
1. Short title This Act may be cited as the Behavioral Health Coordination and Communication Act of 2022 . 2. Interagency Coordinator for Behavioral Health (a) Position (1) Appointment There is established in the Executive Office of the President an Interagency Coordinator for Behavioral Health (in this Act referred to as the Interagency Coordinator ) who shall— (A) be appointed by the President, by and with the advice and consent of the Senate; and (B) report directly to the President. (2) Qualifications The Interagency Coordinator shall have— (A) expertise in mental health and substance use disorders; and (B) administrative experience. (3) Term The Interagency Coordinator shall be appointed for a term of 5 years. The same individual may be reappointed to serve as the Interagency Coordinator for subsequent 5-year terms. (4) Rate of pay To the extent or in the amounts provided in advance in appropriation Acts, the Interagency Coordinator shall be paid at a rate equal to the rate of basic pay for level I of the Executive Schedule. (b) Principal responsibility (1) In general The Interagency Coordinator shall coordinate the programs and activities of the Federal Government relating to mental health and substance use disorders. (2) Consultation (A) Required consultation In carrying out paragraph (1) with respect to any program or activity, the Interagency Coordinator shall consult with— (i) the Assistant Secretary of Defense for Health Affairs; (ii) the Attorney General, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, and the Director of the Bureau of Prisons; (iii) the Director of National Drug Control Policy; (iv) the Secretary of Education and the Assistant Secretary for Special Education and Rehabilitative Services; (v) the Secretary of Health and Human Services, the Assistant Secretary for Health, the Assistant Secretary for the Administration for Children and Families, the Assistant Secretary for Mental Health and Substance Use, the Director of the Indian Health Service, and the Deputy Assistant Secretary for Minority Health; (vi) the Secretary of Homeland Security; (vii) the Secretary of Housing and Urban Development; (viii) the Secretary of Labor; and (ix) the Secretary of Veterans Affairs. (B) Additional consultation In carrying out paragraph (1) with respect to any program or activity, the Interagency Coordinator may consult with the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, the Director of the National Institutes of Health, the Administrator of the Centers for Medicare & Medicaid Services, and such additional Federal officials as the Interagency Coordinator determines appropriate. (c) Other responsibilities (1) Framework for mental health and substance use disorders The Interagency Coordinator shall work with Federal departments and agencies to create a framework within and across such departments and agencies to improve the provision of, and access to, mental health and substance use disorder services. Such framework shall include the following: (A) Care coordination to better integrate mental health and substance use disorder care into health care settings and ensure seamless transitions for patients, including by— (i) promoting mental health and substance use disorder care earlier in the health care continuum, including prevention services; (ii) focusing on providing mental health and substance use disorder care in more appropriate settings and locations; (iii) promoting diversion to mental health and substance use disorder treatment programs instead of incarceration for mental health conditions and substance use disorders; (iv) improving access to primary care and other medical services in community mental health and substance use disorder settings; (v) promoting better treatment and services for mental health conditions and substance use disorders while incarcerated; and (vi) providing better coordination for wraparound services at every point in health care and the justice system for individuals with mental health conditions and substance use disorders, including social supports, housing, education, and employment. (B) A focus on adults, children, youth, and adolescents, and on communities of color, people with disabilities, and other marginalized groups. (C) Creating and implementing a transition plan for patients with mental health conditions or substance use disorders who transition between systems, departments, agencies, or services. (2) Inventory Not later than 1 year after the date of enactment of this Act, the Interagency Coordinator shall— (A) take an inventory of all positions, committees, task forces, grants, and funding streams in the Federal Government that are related to mental health and substance use disorders; and (B) provide recommendations to the President, Congress, and relevant Federal departments and agencies on removing, restructuring, and reorganizing such positions, committees, task forces, grants, and funding streams. (3) Public website The Interagency Coordinator shall establish and maintain a public website that provides reliable information on mental health and substance use disorders, including insurance information and navigation tools for the appeals process for insurance denials. (4) Best practices The Interagency Coordinator shall identify best practices for— (A) culturally competent and linguistically appropriate mental health and substance use disorder care; (B) comprehensive mental health and substance use disorder care; (C) continuity of mental health and substance use disorder care; (D) destigmatization of mental health conditions and substance use disorders; and (E) public awareness campaigns on mental health and substance use disorders in a variety of settings that include— (i) the full spectrum of education levels, ranging from prekindergarten through higher education; (ii) a range of patient populations, including pediatric, adult, geriatric, veteran, racial and ethnic minority populations, and patient populations in the justice system; (iii) a range of health care provider populations; and (iv) a range of providers in the justice system. (5) Guidance on mental health and substance use disorder telehealth treatment across State lines Not later than 180 days after the date of enactment of this Act, the Interagency Coordinator shall issue guidance on collaboration among States to enable mental health and substance use disorder care professionals to treat patients across State lines through telehealth technologies. (6) Annual report on activities and goals Not later than one year after the date of enactment of this Act, and annually thereafter, the Interagency Coordinator shall submit a public report to Congress and the President that includes— (A) a description of the activities of the Interagency Coordinator over the reporting period; (B) the strategic goals of the Interagency Coordinator over the next 5- and 10-year periods; and (C) an inventory of all Federal programs pertaining to mental health and substance use disorders. (7) Report on disparities and diversity Not later than one year after the date of enactment of this Act, the Interagency Coordinator shall submit a public report to Congress and the President— (A) describing the racial, ethnic, disability, sex, and gender disparities within the mental health and substance use disorder workforce, describing how such disparities impact access to care, particularly for minority populations, and recommending how to address such disparities; (B) projecting the diversity of mental health and substance use disorder care professionals in terms of race, ethnicity, sex, and gender in 5 and 10 years; (C) describing the racial, ethnic, disability, sex, and gender disparities in education and training for mental health and substance use disorder care professionals, and recommending how to address such disparities; (D) describing geographic racial, ethnic, disability, sex, and gender disparities of the mental health and substance use disorder workforce, and recommending how to address such disparities; (E) recommending ways to include nonsubjective mental health and substance use disorder screenings as a vital sign; (F) recommending ways to create a complexity index for mental health and substance use disorders; and (G) assessing access to community-based mental health and substance use disorder services in underserved geographic areas and communities of color. (d) Team (1) In general The Interagency Coordinator may appoint such personnel (in this Act referred to as the team ) as the Interagency Coordinator considers appropriate. (2) Composition The Interagency Coordinator shall ensure that the team, collectively, has the following experience: (A) Working in an adult mental health setting. (B) Working in a geriatric mental health setting. (C) Working in a child mental health setting. (D) Working in an adult substance use disorder setting. (E) Working in a child substance use disorder setting. (F) Working in the adult justice system with a focus on mental health and substance use disorders. (G) Working in the juvenile justice system with a focus on mental health and substance use disorders. (H) Working in a school or college campus-based setting with a focus on mental health and substance use disorders. (I) Working in a health care facility of the Department of Veterans Affairs with a focus on mental health and substance use disorders. (J) Working in a foster care setting. (K) Working in an integrated care setting. (L) Receiving mental health and substance use disorder care as an adult. (M) Receiving mental health and substance use disorder care as a child. (N) Having been incarcerated in the adult justice system while suffering from a mental illness or substance use disorder. (O) Having been detained in the juvenile justice system while suffering from a mental illness or substance use disorder. (P) Having been placed in a foster care setting. (Q) Providing mental health or substance use disorder care in minority and underserved communities. (3) Duties of the team The team shall conduct such activities as the Interagency Coordinator determines appropriate, including— (A) assisting appropriate entities in using the framework developed under subsection (c)(1); (B) identifying Federal, State, Tribal, and local partnerships between the public and private sectors for improving mental health and substance use disorders; and (C) otherwise assisting the Interagency Coordinator with implementation of this Act. (4) Applicability of certain civil service laws The team may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title 5 relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay for GS–15 of the General Schedule. (5) Experts and consultants The Interagency Coordinator may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for GS–15 of the General Schedule. (6) Staff of Federal agencies Upon request of the Interagency Coordinator, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Interagency Coordinator to assist it in carrying out the responsibilities under this Act. (e) Powers (1) Hearings and sessions The Interagency Coordinator may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Interagency Coordinator considers appropriate. (2) Powers of team and agents Any member of the team or agent of the Interagency Coordinator may, if authorized by the Interagency Coordinator, take any action which such Coordinator is authorized to take by this section. (3) Obtaining official data The Interagency Coordinator may secure directly from any department or agency of the United States information necessary to enable the Interagency Coordinator to carry out this Act. Upon request of the Interagency Coordinator, the head of that department or agency shall, within 30 days of receiving the request, furnish that information to the Interagency Coordinator, in a manner that protects personal privacy, consistent with applicable Federal and State privacy law. (4) Mails The Interagency Coordinator may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services Upon the request of the Interagency Coordinator, the Administrator of General Services shall provide to the Interagency Coordinator, on a reimbursable basis, the administrative support services necessary for the Interagency Coordinator to carry out the responsibilities under this Act. (6) Contract authority To the extent or in the amounts provided in advance in appropriation Acts, the Interagency Coordinator may contract with and compensate government and private agencies or persons for supplies and services. (f) Definition In this section, the term culturally competent means consistent with preferred cultural values, beliefs, worldview, language, and practices. 3. Cooperation by other Federal agencies The head of each Federal department or agency seeking to commence development or implementation of a policy, including through rulemaking or guidance, that is directly related to mental health or substance use disorder care shall— (1) give notice of the policy to the Interagency Coordinator; (2) in accordance with section 2(e)(3), share such information relating to the policy as the Interagency Coordinator may request; and (3) participate in such discussions and meetings regarding the policy as the Interagency Coordinator may request for purposes of coordination pursuant to section 2(b). 4. Study on reimbursement of mental health and substance use disorder services for juveniles (a) Reimbursement of mental health and substance use disorder services provided in preschool, elementary school, and secondary school settings Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) complete a study and develop recommendations on the reimbursement of mental health and substance use disorder care professionals for services provided in preschool, elementary school, and secondary school settings; and (2) submit a public report to Congress and the President on the findings, conclusions, and recommendations resulting from such study. (b) Services available to justice involved juveniles Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) complete a study to determine the percentage of the budget of the Federal Government and each State government, disaggregated by agency, used to support mental health and substance use disorder services for juveniles who are arrested or become part of the juvenile or criminal justice systems; and (2) submit a public report to Congress and the President on the findings, conclusions, and recommendations resulting from such study, including recommendations on— (A) whether the amount expended by each Federal and State agency on mental health and substance use disorder services for such juveniles needs to be adjusted; and (B) any gaps in community-based services for juveniles with mental health conditions or substance use disorders that should be available to prevent such juveniles from becoming part of the juvenile or criminal justice systems. 5. Report on Interagency Coordinator’s activities Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress and the President on the role of the Interagency Coordinator and the Interagency Coordinator’s team in programs, decisions, and changes relating to mental and behavioral health. In such report, the Comptroller General shall include recommendations on— (1) ways to improve such involvement of the Interagency Coordinator and the Interagency Coordinator’s team; and (2) addressing any identified gaps in the role of the Interagency Coordinator. | https://www.govinfo.gov/content/pkg/BILLS-117s3696is/xml/BILLS-117s3696is.xml |
117-s-3697 | II 117th CONGRESS 2d Session S. 3697 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Grassley (for himself, Mr. Whitehouse , Mr. Cornyn , Ms. Klobuchar , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To improve the prohibitions on money laundering, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Combating Money Laundering, Terrorist Financing, and Counterfeiting 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. Transportation or transhipment of blank checks in bearer form. Sec. 3. Bulk cash smuggling. Sec. 4. Section 1957 violations involving commingled funds and aggregated transactions. Sec. 5. Charging money laundering as a course of conduct. Sec. 6. Illegal money services businesses. Sec. 7. Prohibiting money laundering through hawalas, other informal value transfer systems, and closely related transactions. Sec. 8. Technical amendment to restore wiretap authority for certain money laundering and counterfeiting offenses. Sec. 9. Making the international money laundering statute apply to tax evasion. Sec. 10. Conduct in aid of counterfeiting. Sec. 11. Danger pay allowance. Sec. 12. Clarification of Secret Service authority to investigate money laundering. Sec. 13. Remittances and money laundering threat analysis. Sec. 14. Rule of construction. 2. Transportation or transhipment of blank checks in bearer form Section 5316 of title 31, United States Code, is amended by adding at the end the following: (e) Monetary instruments with amount left blank For purposes of this section, a monetary instrument in bearer form that has the amount left blank, such that the amount could be filled in by the bearer, and that is possessed by the bearer for the purpose of avoiding a reporting requirement, shall be considered to have a value of more than $10,000 if the instrument was drawn on an account that contained, or was intended to contain more than $10,000 at the time— (1) the instrument was transported; or (2) the instrument was negotiated or was intended to be negotiated. . 3. Bulk cash smuggling Section 5332(b) of title 31, United States Code, is amended— (1) in paragraph (1), by striking 5 years and inserting 10 years ; (2) by redesignating paragraphs (2), (3), and (4), as paragraphs (3), (4), and (5), respectively; (3) by inserting after paragraph (1) the following: (2) Fine (A) In general Whoever violates this section shall be fined under title 18. (B) Enhanced fine for aggravated cases Whoever violates this section while violating another law of the United States, other than section 5316 or 5324(c) of this title, or as a part of a pattern of any unlawful activity, including a violation of section 5316 or 5324(c) of this title, shall be fined double the amount provided in subsection (b)(3) or (c)(3) (as applicable) of section 3571 of title 18. ; and (4) in paragraph (5), as redesignated, by striking paragraph (2) and inserting paragraph (3) . 4. Section 1957 violations involving commingled funds and aggregated transactions Section 1957 of title 18, United States Code, is amended by adding at the end the following: (g) In a prosecution for an offense under this section, the Government may satisfy the $10,000 monetary transaction value requirement under subsection (a) by showing that— (1) the monetary transaction involved the transfer, withdrawal, encumbrance, or other disposition of more than $10,000 from an account in which more than $10,000 in proceeds of specified unlawful activity was commingled with other funds; or (2) the defendant conducted a series of monetary transactions in amounts of not more than $10,000 that— (A) exceeded $10,000 in the aggregate; and (B) were closely related to each other as demonstrated by factors such as— (i) the time period between the transactions; (ii) the identity of the parties involved; (iii) the nature or purpose of the transactions; and (iv) the manner in which the transactions were conducted. . 5. Charging money laundering as a course of conduct Section 1956 of title 18, United States Code, is amended— (1) in subsection (h), by striking or section 1957 and inserting , section 1957, or section 1960 ; and (2) by adding at the end the following: (j) Multiple violations Multiple violations of this section that are part of the same scheme or continuing course of conduct may be charged, at the election of the Government, in a single count in an indictment or information. . 6. Illegal money services businesses (a) In general Section 1960 of title 18, United States Code, is amended by striking subsections (a) and (b) and inserting the following: (a) Offense Whoever knowingly conducts, controls, manages, supervises, directs, or owns all or part of a covered money services business that— (1) is operated without an appropriate license in a State where such operation is punishable as a misdemeanor or a felony under State law, whether or not the person knows that the operation is required to be licensed or that the operation is so punishable; (2) fails to comply with the money services business registration requirements under section 5330 of title 31, or regulations prescribed under that section, whether or not the person knows that the operation is required to comply with those registration requirements; or (3) otherwise engages in a transaction involving funds that the person knows have been derived from a criminal offense or are intended to be used to promote or support unlawful activity, shall be punished as provided in subsection (b). (b) Criminal penalty Any person who violates— (1) subsection (a) shall be fined in accordance with this title, imprisoned for not more than 5 years, or both; and (2) subsection (a) by conducting, controlling, managing, supervising, directing, or owning all or part of a covered money services business that engaged in activity as a covered money services business involving more than $1,000,000 during a 12-month period, or by engaging in a transaction or transactions involving more than $1,000,000 during a 12-month period, shall be fined double the amount provided in subsection (b)(3) or (c)(3) (as applicable) of section 3571, imprisoned for not more than 10 years, or both. (c) Definitions In this section— (1) the term covered money services business means a money services business that— (A) operates on behalf of the public; and (B) affects interstate or foreign commerce in any manner or degree; (2) the term money services business — (A) has the meaning given the term in section 5330 of title 31 and any regulations prescribed under that section; and (B) includes a person that engages in the transfer, transportation, or exchange of currency, funds, or value that substitutes for currency by any and all means, even when not performed for profit; and (3) the term State means any State of the United States, the District of Columbia, the Northern Mariana Islands, and any commonwealth, territory, or possession of the United States. . (b) Technical and conforming amendments (1) Section 1960 of title 18, United States Code (A) Section heading Section 1960 of title 18, United States Code, is amended in the section heading— (i) by striking unlicensed and inserting illegal ; and (ii) by striking transmitting and inserting services . (B) Table of sections The table of sections for chapter 95 of title 18, United States Code, is amended by striking the item relating to section 1960 and inserting the following: 1960. Prohibition of illegal money services businesses. . (2) Section 5330 of title 31, United States Code (A) Headings Section 5330 of title 31, United States Code, is amended— (i) in the section heading, by striking transmitting and inserting services ; (ii) in subsection (c)— (I) in the subsection heading, by striking transmitting and inserting services ; (II) in paragraph (1), in the paragraph heading, by striking transmitting and inserting services ; and (III) in paragraph (2), in the paragraph heading, by striking transmitting and inserting services ; and (iii) in subsection (d)(1), in the paragraph heading, by striking transmitting and inserting services . (B) Text Section 5330 of title 31, United States Code, is amended— (i) by striking money transmitting business each place that term appears and inserting money services business ; and (ii) in subsection (a)(3), by striking money transmitting businesses and inserting a money services business . (C) Table of sections The table of sections for subchapter II of chapter 53 of title 31, United States Code, is amended by striking the item relating to section 5330 and inserting the following: 5330. Registration of money services businesses. . 7. Prohibiting money laundering through hawalas, other informal value transfer systems, and closely related transactions The matter following section 1956(a)(1)(B)(ii) of title 18, United States Code, is amended by striking For purposes of this paragraph, a financial transaction and inserting For purposes of this paragraph and section 1957, a financial transaction or a monetary transaction, as applicable, . 8. Technical amendment to restore wiretap authority for certain money laundering and counterfeiting offenses (a) Currency reporting offenses Section 2516(1)(g) of title 18, United States Code, is amended by striking or section 5324 of title 31, United States Code (relating to structuring transactions to evade reporting requirement prohibited) and inserting or section 5324 or 5332 of that title (relating to evasion of Federal transaction reporting requirements) . (b) Money laundering Section 2516(1)(c) of title 18, United States Code, is amended by inserting section 1960 (relating to illegal money services businesses), before section 659 . (c) Counterfeiting Section 2516(1)(d) of title 18, United States Code, is amended by striking or 473 and inserting 473, 474, or 474A . 9. Making the international money laundering statute apply to tax evasion Section 1956(a)(2)(A) of title 18, United States Code, is amended— (1) by inserting (i) before with the intent to promote ; and (2) by adding at the end the following: (ii) with the intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or . 10. Conduct in aid of counterfeiting (a) In general Section 474(a) of title 18, United States Code, is amended by inserting after the paragraph beginning Whoever has in his control, custody, or possession any plate the following: Whoever, with intent to defraud, has custody, control, or possession of any material, tool, machinery, or other equipment that can be used to make, alter, forge, or counterfeit any obligation or other security of the United States or any part of such obligation or security, except under the authority of the Secretary of the Treasury; or . (b) Foreign obligations and securities Section 481 of title 18, United States Code, is amended by inserting after the paragraph beginning Whoever, with intent to defraud the following: Whoever, with intent to defraud, has custody, control, or possession of any material, tool, machinery, or other equipment that can be used to make, alter, forge, or counterfeit any obligation or other security of any foreign government, bank, or corporation; or . (c) Counterfeit acts Section 470 of title 18, United States Code, is amended by striking or 474 and inserting 474, or 474A . (d) Strengthening deterrents to counterfeiting Section 474A of title 18, United States Code, is amended— (1) in subsection (a), by inserting , custody, after control ; (2) in subsection (b)— (A) by inserting , custody, after control ; and (B) by striking any essentially identical feature or device adapted to the making of any such obligation or security, and inserting any material or other thing made after or in similitude of any such deterrent, ; and (3) by adding at the end the following: (d) Whoever has in his control, custody, or possession any obligation or security of the United States or any foreign government from which the ink or other distinctive counterfeit deterrent has been completely or partially removed, except under the authority of the Secretary of the Treasury, is guilty of a class B felony. . 11. Danger pay allowance Section 151 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 5 U.S.C. 5928 note) is amended by striking or the United States Marshals Service and inserting the United States Marshals Service, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or the United States Secret Service . 12. Clarification of Secret Service authority to investigate money laundering Section 3056(b)(3) of title 18, United States Code, is amended— (1) by inserting money laundering, structured transactions, unlicensed money transmitting, after documents or devices, ; and (2) by striking federally insured . 13. Remittances and money laundering threat analysis (a) Definitions In this section— (1) the term appropriate congressional committees means— (A) the Committee on the Judiciary of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Caucus on International Narcotics Control of the Senate; (D) the Committee on Banking, Housing, and Urban Affairs of the Senate; (E) the Committee on the Judiciary of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; and (G) the Committee on Financial Services of the House of Representatives; (2) the term drug kingpins, crime syndicates, and other persons , with respect to the use of remittances to finance terrorism, narcotics trafficking, human trafficking, money laundering, and other forms of illicit financing, domestically or internationally, means any persons who— (A) are connected to individuals and organizations associated with financing terrorism, narcotics trafficking, human trafficking, money laundering, and other forms of illicit financing, domestically or internationally; and (B) have been designated as— (i) a significant foreign narcotics trafficker under the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq. ); (ii) a significant transnational criminal organization under Executive Order 13581 (76 Fed. Reg. 44757, 84 Fed. Reg. 10255; relating to blocking property of transnational criminal organizations); or (iii) a Specially Designated Global Terrorist under Executive Order 13224 (66 Fed. Reg. 49079, 67 Fed. Reg. 44751, 68 Fed. Reg. 4075, 70 Fed. Reg. 8499; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); (3) the term human trafficking has the meaning given the term severe forms of trafficking in persons in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ); (4) the term money services business has the meaning given the term in section 5330 of title 31, United States Code, as amended by section 6(b)(2); and (5) the term money transmitting service has the meaning given the term in section 5330 of title 31, United States Code. (b) Analysis (1) Requirement Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Attorney General, the Secretary of Homeland Security, and the head of any other appropriate Federal law enforcement agency, shall submit to the appropriate congressional committees a threat and operational analysis of the use of remittances by drug kingpins, crime syndicates, and other persons to finance terrorism, narcotics trafficking, human trafficking, money laundering, and other forms of illicit financing, domestically or internationally. (2) Contents The Secretary of the Treasury shall include in the threat and operational analysis required under paragraph (1) the following: (A) Current and potential threats posed by individuals and organized groups seeking— (i) to exploit security vulnerabilities with respect to remittances and money transmitting services; or (ii) to unlawfully use remittances to finance terrorism, narcotics trafficking, human trafficking, money laundering, or other forms of illicit financing, domestically or internationally. (B) Methods and pathways used to exploit security vulnerabilities. (C) Challenges presented by identity theft in the use of remittances and money transmitting services. (D) Improvements needed to enhance cooperation between and among Federal, State, and local officials, including State regulators, State and local prosecutors, and other law enforcement officials. (E) Improvements needed to enhance cooperation between money services businesses and Federal, State, and local officials, including State regulators, State and local prosecutors, and other law enforcement officials. (3) Analysis requirements In compiling the threat and operational analysis required under paragraph (1), the Secretary of the Treasury, in consultation with the Attorney General, the Secretary of Homeland Security, and the head of any other appropriate Federal law enforcement agency, shall consider and examine the personnel needs, technology needs, and infrastructure needs of Federal law enforcement agencies. (c) Remittances strategy and implementation plan (1) In general Not later than 180 days after the date on which the Secretary of the Treasury submits the threat analysis under subsection (b), and every 5 years thereafter for 10 years, the Secretary of the Treasury, in consultation with the Attorney General, the Secretary of Homeland Security, and the head of any other appropriate Federal law enforcement agency, shall submit to the appropriate congressional committees a remittances strategy and implementation plan. (2) Contents In preparing the remittances strategy and implementation plan under paragraph (1), the Secretary of the Treasury shall consider the following: (A) The remittances threat and operational analysis required under subsection (b), with an emphasis on efforts to mitigate threats and challenges identified in the analysis. (B) Efforts to reduce the use of remittances and money transmitting services by drug kingpins, crime syndicates, and other persons to finance terrorism, narcotics trafficking, human trafficking, money laundering, and other forms of illicit financing, domestically or internationally. (C) Efforts to prevent human trafficking and the unlawful movement of illicit drugs and other contraband through the use of remittances and money transmitting services, and standards against which the effectiveness of those efforts may be determined. (D) Efforts to focus collection and information analysis to disrupt transnational criminal organizations attempting to exploit security vulnerabilities, and standards against which the effectiveness of those efforts may be determined. (E) Personnel, technology, and infrastructure needs of Federal law enforcement agencies. (F) Efforts to prevent, detect, investigate, and mitigate money laundering activities through remittances and money transmitting services, and standards against which the effectiveness of those efforts may be determined. (G) The lawful use of remittances, the role that remittances play in countries’ economies, and how any recommended measures would impose additional burdens on remittances in light of their lawful uses. 14. Rule of construction Nothing in this Act, or any amendment made by this Act, shall be construed to apply to the authorized law enforcement, protective, or intelligence activities of the United States or of an intelligence agency of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s3697is/xml/BILLS-117s3697is.xml |
117-s-3698 | II 117th CONGRESS 2d Session S. 3698 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mrs. Shaheen (for herself, Mr. Leahy , Ms. Collins , Mrs. Gillibrand , Mr. Sanders , Mr. King , Ms. Hassan , 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 title 40, United States Code, to modify certain requirements for Regional Commissions, to reauthorize the Northern Border Regional Commission, and for other purposes.
1. Short title This Act may be cited as the Northern Border Regional Commission Reauthorization Act of 2022 . 2. Regional Commissions modifications (a) Membership of Commissions Section 15301 of title 40, United States Code, is amended— (1) in subsection (b)(2)(C)— (A) by striking An alternate member and inserting the following: (i) In general An alternate member ; and (B) by adding at the end the following: (ii) State alternates If the alternate State member is unable to vote in accordance with clause (i), the alternate State member may delegate voting authority to a designee, subject to the condition that the executive director shall be notified, in writing, of the designation not less than 1 week before the applicable vote is to take place. ; and (2) in subsection (f), by striking a Federal employee and inserting an employee . (b) Decisions of Commissions Section 15302 of title 40, United States Code, is amended— (1) in subsection (a), by inserting or State alternate members, including designees after State members ; and (2) by striking subsection (c) and inserting the following: (c) Quorums (1) In general Subject to paragraph (2), a Commission shall determine what constitutes a quorum for meetings of the Commission. (2) Requirements Any quorum for meetings of a Commission shall include— (A) the Federal Cochairperson or the alternate Federal Cochairperson; and (B) a majority of State members or alternate State members, including designees (exclusive of members representing States delinquent under section 15304(c)(3)(C)). . (c) Administrative powers and expenses of Commissions Section 15304(a)(9) of title 40, United States Code, is amended by striking maintain a government relations office in the District of Columbia and . (d) Meetings of Commissions Section 15305(b) of title 40, United States Code, is amended by striking with the Federal Cochairperson and all that follows through the period at the end and inserting the following: “with— (1) the Federal Cochairperson; and (2) at least a majority of the State members or alternate State members (including designees) present in-person or via electronic means. . 3. Economic and infrastructure development grants Section 15501 of title 40, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraphs (4) through (9) as paragraphs (6) through (11), respectively; and (B) by inserting after paragraph (3) the following: (4) to design, build, implement, or upgrade transportation or basic public infrastructure or workforce capacity to support the adaption to and mitigation of climate challenges; (5) to promote the production of housing to meet economic development and workforce needs; ; and (2) in subsection (b), by striking paragraph (1), (2), (3), or (7) and inserting paragraph (1), (2), (3), (4), or (9) . 4. Northern Border Regional Commission (a) Counties in Maine and New Hampshire Section 15733 of title 40, United States Code, is amended— (1) in paragraph (1), by inserting Lincoln, after Knox, ; and (2) in paragraph (2), by inserting Merrimack, after Grafton, . (b) Authorization of appropriations Section 15751 of title 40, United States Code, is amended by striking subsection (a) and inserting the following: (a) In general There are authorized to be appropriated to each Commission to carry out this subtitle— (1) $50,000,000 for each of fiscal years 2022 through 2026; and (2) $60,000,000 for each of fiscal years 2027 through 2031. . 5. Northern Forest region programs (a) In general Subtitle V of title 40, United States Code, is amended by adding at the end the following: 159 Northern Forest Region Programs 15901. Definitions In this chapter: (1) NBRC The term NBRC means the Northern Border Regional Commission established by section 15301(a)(3). (2) Northern Forest region The term Northern Forest region means the counties included in the NBRC under section 15733. 15902. State capacity building grant program (a) Definitions In this section: (1) Commission state The term Commission State means each of the States of Maine, New Hampshire, New York, and Vermont. (2) Eligible county The term eligible county means a county described in section 15733. (3) Program The term program means the State capacity building grant program established under subsection (b). (b) Establishment The NBRC shall establish a State capacity building grant program to provide grants to Commission States to carry out the purpose under subsection (c). (c) Purpose The purpose of the program is to support the efforts of the NBRC— (1) to better support business retention and expansion in eligible counties; (2) to create programs to encourage job creation and workforce development in eligible counties; (3) to prepare economic and infrastructure plans for eligible counties; (4) to expand access to high-speed broadband in eligible counties; (5) to provide technical assistance that results in NBRC investments in transportation, water, wastewater, and other critical infrastructure; (6) to create initiatives to increase the effectiveness of local development districts in eligible counties; and (7) to implement new or innovative economic development practices that will better position the eligible counties of Commission States to compete in the global economy. (d) Use of funds (1) In general Funds from a grant under the program may be used to support a project, program, or related expense of the Commission State in an eligible county. (2) Limitation Funds from a grant under the program shall not be used for— (A) the purchase of furniture, fixtures, or equipment; (B) the compensation of— (i) any State member of the Commission (as described in section 15301(b)(1)(B)); or (ii) any State alternate member of the Commission (as described in section 15301(b)(2)(B)); or (C) the cost of supplanting existing State programs. (e) Annual work plan (1) In general For each fiscal year, before providing a grant under the program, each Commission State shall provide to the NBRC an annual work plan that includes the proposed use of the grant. (2) Approval No grant under the program shall be provided to a Commission State unless the NBRC has approved the annual work plan of the State. (f) Amount of grant (1) In general The amount of a grant provided to a Commission State under the program for a fiscal year shall be based on the proportion that— (A) the amount paid by the Commission State (including any amounts paid on behalf of the Commission State by a nonprofit organization) for administrative expenses for the applicable fiscal year (as determined under section 15304(c)); bears to (B) the amount paid by all Commission States (including any amounts paid on behalf of a Commission State by a nonprofit organization) for administrative expenses for that fiscal year (as determined under that section). (2) Requirement To be eligible to receive a grant under the program for a fiscal year, a Commission State (or a nonprofit organization on behalf of the Commission State) shall pay the amount of administrative expenses of the Commission State for the applicable fiscal year (as determined under section 15304(c)). (3) Approval For each fiscal year, a grant provided under the program shall be approved and made available as part of the approval of the annual budget of the NBRC. (g) Grant availability Funds from a grant under the program shall be available only during the fiscal year for which the grant is provided. (h) Report Each fiscal year, each Commission State shall submit to the NBRC and make publicly available a report that describes the use of the grant funds and the impact of the program in the Commission State. (i) Continuation of program The program under this section shall be a continuation of the program under section 6304(c) of the Agriculture Improvement Act of 2018 ( 40 U.S.C. 15501 note; Public Law 115–334 ) (as in effect on the day before the date of enactment of this section). (j) Funding (1) In general There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2019 through 2028. (2) Supplement, not supplant Funds made available to carry out this section shall supplement and not supplant funds made available for the NBRC and other activities of the NBRC. 15903. Demonstration health projects (a) Purpose To demonstrate the value of adequate health facilities and services to the economic development of the Northern Forest region, the NBRC may make grants for the planning, construction, equipment, and operation of demonstration health, nutrition, and child care projects, including hospitals, regional health diagnostic and treatment centers, and other facilities and services necessary for the purposes of this section. (b) Planning grants (1) Authority to provide amounts and make grants The NBRC may make grants for expenses of planning necessary for the development and operation of demonstration health projects for the Northern Forest region. (2) Maximum NBRC contributions The maximum NBRC contributions for a grant for the construction or equipment of any component of a demonstration health project shall be made in accordance with section 15501(d). (3) Sources of assistance The NBRC contribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other Federal grant programs. (4) Federal share Notwithstanding any provision of law limiting the Federal share in other Federal grant programs described in paragraph (3), amounts appropriated to carry out this section may be used to increase the Federal share to the maximum percentage cost of a grant authorized by paragraph (2). (c) Construction and equipment grants (1) Additional uses for construction grants Grants under this section for construction may also be used for— (A) the acquisition of privately owned facilities— (i) not operated for profit; or (ii) previously operated for profit if the NBRC finds that health services would not otherwise be provided in the area served by the facility if the acquisition is not made; and (B) initial equipment. (2) Standards for making grants Grants under this section for construction shall be made in accordance with section 15501 and shall not be incompatible with the applicable provisions of title VI of the Public Health Service Act ( 42 U.S.C. 291 et seq. ), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15001 et seq. ), and other laws authorizing grants for the construction of health-related facilities, without regard to any provisions in those laws relating to appropriation authorization ceilings or to allotments among the States. (3) Maximum NBRC contributions The maximum NBRC contributions for a grant for the construction or equipment of any component of a demonstration health project shall be made in accordance with section 15501(d). (4) Sources of assistance The NBRC contribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other Federal grant programs for the construction or equipment of health-related facilities. (5) Federal share Notwithstanding any provision of law limiting the Federal share in other Federal grant programs described in paragraph (4), amounts authorized under this section may be used to increase Federal grants for component facilities of a demonstration health project to a maximum of 80 percent of the cost of the facilities. (d) Operation grants (1) Standards for making grants A grant for the operation of a demonstration health project shall not be made unless the facility is publicly owned, or owned by a public or private nonprofit organization, and is not operated for profit. (2) Maximum NBRC contributions Grants under this section for the operation (including initial operating amounts and operating deficits, including the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with amounts authorized to be appropriated by this section, shall be made in accordance with section 15501(d). (3) Sources of assistance The NBRC contribution may be provided entirely from amounts appropriated to carry out this section or in combination with amounts provided under other Federal grant programs for the operation of health related facilities and the provision of health and child development services, including parts A and B of title IV and title XX of the Social Security Act ( 42 U.S.C. 601 et seq. , 620 et seq., 1397 et seq.). (4) Federal share Notwithstanding any provision of law limiting the Federal share in those other programs, amounts appropriated to carry out this section may be used to increase Federal grants for operating components of a demonstration health project to the maximum percentage cost of a grant authorized by this subsection. (5) State deemed to meet requirement of providing assistance or services on statewide basis Notwithstanding any provision of the Social Security Act ( 42 U.S.C. 301 et seq. ) requiring assistance or services on a statewide basis, a State providing assistance or services under a Federal grant program described in paragraph (3) in any area of the region approved by the NBRC is deemed to be meeting that requirement. (e) Emphasis on programs To address substance use disorders To provide for the further development of the human resources of the Northern Forest region, grants under this section shall give special emphasis to projects and activities to address substance use disorders, including opioid and methamphetamine use, in the Northern Forest region, including projects and activities— (1) to increase access to and disseminate information on the availability of substance use disorder treatment programs; (2) to strengthen the substance use disorder workforce operating in the Northern Forest region, including programs to attract and retain relevant health care services, businesses, and staff; (3) to facilitate the sharing of best practices among States, counties, and other experts in the Northern Forest region with respect to reducing substance use disorders; (4) to initiate or expand programs designed to eliminate or reduce the harm to the workforce and economic growth of the region that results from that abuse; and (5) to develop relevant infrastructure, including broadband infrastructure that supports the use of telemedicine. . (b) Repeal Section 6304(c) of the Agriculture Improvement Act of 2018 ( 40 U.S.C. 15501 note; Public Law 115–334 ) is repealed. (c) Clerical amendment The table of sections for subtitle V of title 40, United States Code, is amended by inserting after the item relating to chapter 157 the following: “Chapter 159—Northern Forest Region Programs 15901. Definitions. 15902. State capacity building grant program. 15903. Demonstration health projects. . | https://www.govinfo.gov/content/pkg/BILLS-117s3698is/xml/BILLS-117s3698is.xml |
117-s-3699 | II 117th CONGRESS 2d Session S. 3699 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Manchin (for himself, Mr. Barrasso , Mr. Durbin , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide guidance for and investment in the research and development activities of the Department of Energy Office of Science, and for other purposes.
1. Short title This Act may be cited as the Department of Energy Science for the Future Act of 2022 . 2. Mission of the Office of Science Section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ) is amended by adding at the end the following: (d) User facilities The Director shall carry out the construction, operation, and maintenance of user facilities to support the mission described in subsection (c). As practicable, these facilities shall serve the needs of the Department, industry, the academic community, and other relevant entities for the purposes of advancing the missions of the Department, improving the competitiveness of the United States, protecting public health and safety, and addressing other national priorities including emergencies. (e) Coordination (1) In general The Secretary— (A) shall ensure the coordination of the Office of Science with the other activities of the Department, including the transfer of knowledge, capabilities, and relevant technologies from basic research programs of the Department to applied research and development programs of the Department for the purpose of enabling development of mission-relevant technologies; (B) shall support joint activities among the programs of the Department; (C) shall coordinate with other relevant Federal agencies in supporting advancements in related research areas as appropriate; and (D) may form partnerships to enhance the utilization of and ensure access to user facilities by other Federal agencies. (2) Office of Science The Director— (A) shall ensure the coordination of programs and activities carried out by the Office of Science; and (B) shall direct all programs which have not recently completed a future planning roadmap consistent with the funding of such programs authorized under the Department of Energy Science for the Future Act of 2022 to complete such a roadmap. . 3. Basic energy sciences program (a) Department of Energy Research and Innovation Act Section 303 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18641 ) is amended— (1) by redesignating subsections (a) through (e) as subsections (c) through (g), respectively; (2) by inserting before subsection (c), as so redesignated, the following: (a) Program As part of the activities authorized under section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ), the Director shall carry out a research and development program in basic energy sciences, including materials sciences and engineering, chemical sciences, physical biosciences, geosciences, and other disciplines, to understand, model, and control matter and energy at the electronic, atomic, and molecular levels in order to provide the foundations for new energy technologies, address scientific grand challenges, and support the energy, environment, and national security missions of the Department. (b) Sustainable chemistry In carrying out chemistry-related research and development activities under this section, the Director shall prioritize research and development of sustainable chemistry to support clean, safe, and economic alternatives and methodologies to traditional chemical products and processes. ; (3) in subsection (d), as so redesignated— (A) in paragraph (3)— (i) in subparagraph (C), by striking and at the end; (ii) by redesignating subparagraph (D) as subparagraph (E); and (iii) by inserting after subparagraph (C) the following: (D) autonomous chemistry and materials synthesis and characterization facilities that leverage advances in artificial intelligence; and ; and (B) by adding at the end the following: (4) Advanced photon source upgrade (A) Definitions In this paragraph: (i) Flux The term flux means the rate of flow of photons. (ii) Hard x-ray The term hard x-ray means a photon with energy greater than 20 kiloelectron volts. (B) Upgrade The Secretary shall provide for the upgrade to the Advanced Photon Source described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, entitled Report on Facility Upgrades , including the development of a multibend achromat lattice to produce a high flux of coherent x-rays within the hard x-ray energy region and a suite of beamlines optimized for this source. (C) Start of operations The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before March 31, 2026. (D) Funding Out of funds authorized to be appropriated under subsection (j), there is authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph $101,000,000 for fiscal year 2022 and $56,000,000 for fiscal year 2023. (5) Spallation neutron source proton power upgrade (A) In general The Secretary shall provide for the proton power upgrade to the Spallation Neutron Source. (B) Proton power upgrade defined In this paragraph, the term proton power upgrade means the Spallation Neutron Source power upgrade described in— (i) the publication entitled Facilities for the Future of Science: A Twenty-Year Outlook , published by the Office of Science of the Department in December, 2003; (ii) the publication entitled Four Years Later: An Interim Report on Facilities for the Future of Science: A Twenty-Year Outlook , published by the Office of Science of the Department in August, 2007; and (iii) the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, entitled Report on Facility Upgrades . (C) Start of operations The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before July 30, 2028, with the option for early operation in 2025. (D) Funding Out of funds authorized to be appropriated under subsection (j), there is authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph $49,800,000 for fiscal year 2022. (6) Spallation neutron source second target station (A) In general The Secretary shall provide for a second target station for the Spallation Neutron Source. (B) Second target station defined In this paragraph, the term second target station means the Spallation Neutron Source second target station described in— (i) the publication entitled, Facilities for the Future of Science: A Twenty-Year Outlook , published by the Office of Science of the Department in December, 2003; (ii) the publication entitled, Four Years Later: An Interim Report on Facilities for the Future of Science: A Twenty-Year Outlook , published by the Office of Science of the Department in August, 2007; and (iii) the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, entitled Report on Facility Upgrades . (C) Start of operations The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the second target station under this paragraph occurs before December 31, 2033, with the option for early operation in 2029. (D) Funding Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the activities under this paragraph, including construction— (i) $70,000,000 for fiscal year 2022; (ii) $127,000,000 for fiscal year 2023; (iii) $204,000,000 for fiscal year 2024; (iv) $279,000,000 for fiscal year 2025; and (v) $300,000,000 for fiscal year 2026. (7) Advanced light source upgrade (A) Definitions In this paragraph: (i) Flux The term flux means the rate of flow of photons. (ii) Soft x-ray The term soft x-ray means a photon with energy in the range from 50 to 2,000 electron volts. (B) Upgrade The Secretary shall provide for the upgrade to the Advanced Light Source described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, entitled Report on Facility Upgrades , including the development of a multibend achromat lattice to produce a high flux of coherent x-rays within the soft x-ray energy region. (C) Start of operations The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before September 30, 2029. (D) Funding Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph— (i) $75,100,000 for fiscal year 2022; (ii) $135,000,000 for fiscal year 2023; (iii) $102,500,000 for fiscal year 2024; (iv) $25,000,000 for fiscal year 2025; and (v) $26,400,000 for fiscal year 2026. (8) Linac coherent light source II high energy upgrade (A) Definitions In this paragraph: (i) High energy The term high energy , with respect to an x-ray, means a photon with an energy in the 5 to 13 kiloelectron volt range. (ii) High repetition rate The term high repetition rate means the delivery of x-ray pulses up to 1,000,000 pulses per second. (iii) Ultra-short pulse The term ultra-short pulse , with respect to an x-ray, means that the x-ray has bursts capable of durations of less than 100 femtoseconds. (B) Upgrade The Secretary shall— (i) provide for the upgrade to the Linac Coherent Light Source II facility described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, entitled Report on Facility Upgrades , including the development of experimental capabilities for high energy x-rays to reveal fundamental scientific discoveries; and (ii) ensure such upgrade enables the production and use of high energy, ultra-short pulse x-rays delivered at a high repetition rate. (C) Start of operations The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before December 31, 2026. (D) Funding Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph— (i) $106,925,000 for fiscal year 2022; (ii) $125,925,000 for fiscal year 2023; (iii) $115,000,000 for fiscal year 2024; (iv) $89,000,000 for fiscal year 2025; and (v) $49,344,000 for fiscal year 2026. (9) Cryomodule repair and maintenance facility (A) In general The Secretary shall provide for the construction of a cryomodule repair and maintenance facility to service the Linac Coherent Light Source II and subsequent upgrades. (B) Consultation required The Secretary shall consult with the private sector, institutions of higher education, National Laboratories, and relevant Federal agencies to ensure that the facility described in subparagraph (A) has the capability to maintain, repair, and test superconducting radio frequency accelerator components. (C) Funding Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the activities under this paragraph— (i) $19,000,000 for fiscal year 2022; (ii) $25,000,000 for fiscal year 2023; (iii) $25,000,000 for fiscal year 2024; and (iv) $17,000,000 for fiscal year 2025. (10) Nanoscale science research center recapitalization project (A) In general The Secretary shall provide for the recapitalization of the Nanoscale Science Research Centers, to include the upgrade of equipment at each Center supported by the Office of Science on the date of enactment of the Department of Energy Science for the Future Act of 2022 , to accelerate advances in the various fields of science including nanoscience, materials, chemistry, biology, and quantum information science. (B) Funding Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the recapitalization under this paragraph— (i) $20,000,000 for fiscal year 2022; (ii) $30,000,000 for fiscal year 2023; (iii) $20,000,000 for fiscal year 2024; and (iv) $20,000,000 for fiscal year 2025. (11) National Synchrotron Light Source II Beamline Buildout (A) In general The Secretary shall provide for the development and construction of beamlines to provide significant additional capacity, complement the existing portfolio of beamlines, and complete the buildout of the National Synchrotron Light Source II. (B) Start of operations Subject to the availability of appropriations, the Secretary— (i) shall begin carrying out subparagraph (A) not later than September 30, 2036; and (ii) may begin carrying out subparagraph (A)— (I) in calendar year 2033; or (II) after the construction of individual beamlines is complete. (C) Funding Of the funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary such sums as are necessary to carry out this paragraph. ; and (4) by adding at the end the following: (h) Computational materials and chemical sciences (1) In general The Director shall support a program of research and development for the application of advanced computing practices to foundational and emerging research problems in chemistry and materials science. Research activities shall include— (A) chemical catalysis research and development; (B) the use of large data sets to model materials phenomena, including through advanced characterization of materials, materials synthesis, processing, and innovative use of experimental and theoretical data; (C) codesign of chemical system and chemistry modeling software with advanced computing systems and hardware technologies; and (D) modeling of chemical processes, assemblies, and reactions such as molecular dynamics and quantum chemistry, including through novel computing methods. (2) Computational materials and chemical sciences centers (A) In general In carrying out the activities authorized under paragraph (1), the Director shall select and establish up to 6 computational materials and chemical sciences centers to— (i) develop open-source, robust, and validated computational codes and user-friendly software, coupled with innovative use of experimental and theoretical data, to enable the design, discovery, and development of new materials and chemical systems; and (ii) focus on overcoming challenges and maximizing the benefits of exascale and other high performance computing underpinned by accelerated node technologies. (B) Selection The Director shall select centers under subparagraph (A) on a competitive, merit-reviewed basis. The Director shall consider applications from the National Laboratories, institutes of higher education, multi-institutional collaborations, and other appropriate entities. (C) Duration (i) New centers A center selected under subparagraph (A) shall receive support for a period of not more than 5 years beginning on the date of establishment of that center, subject to the availability of appropriations. (ii) Existing centers A center already in existence on the date of enactment of the Department of Energy Science for the Future Act of 2022 may continue to receive support for a period of not more than 5 years beginning on the date of establishment of that center. (D) Renewal Upon the expiration of any period of support of a center under this subsection, the Director may renew support for the center, on a merit-reviewed basis, for a period of not more than 5 years. (E) Funding Of the funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary such sums as are necessary to carry out this paragraph. (i) Materials research database (1) In general The Director shall support the development of a web-based platform to develop and provide access to a database of computed information on known and predicted materials properties and computational tools to accelerate breakthroughs in materials discovery and design. (2) Program In carrying out this subsection, the Director shall— (A) conduct cooperative research among National Laboratories, industry, academia, and other research institutions to advance understanding, prediction, and manipulation of materials and facilitate the design of novel materials; (B) develop and maintain data infrastructure at user facilities that generate data to collect, analyze, label, and otherwise prepare the data for inclusion in the database; (C) leverage existing high performance computing systems to conduct high throughput calculations, and develop computational and data mining algorithms for the prediction of material properties; (D) strengthen the foundation for new technologies and advanced manufacturing; and (E) drive the development of advanced materials for applications that span the Department’s missions in energy, environment, and national security. (3) Coordination In carrying out this subsection, the Director shall leverage programs and activities across the Department, including computational materials and chemical sciences centers established under subsection (h). (4) Funding Out of funds authorized to be appropriated under subsection (j), there is authorized to be appropriated to the Secretary to carry out activities under this subsection $10,000,000 for each of fiscal years 2022 through 2026. (j) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out the activities described in this section— (1) $2,877,705,000 for fiscal year 2022; (2) $2,978,896,600 for fiscal year 2023; (3) $3,169,489,612 for fiscal year 2024; (4) $3,311,698,885 for fiscal year 2025; and (5) $3,441,651,600 for fiscal year 2026. . (b) Artificial photosynthesis Section 973 of the Energy Policy Act of 2005 ( 42 U.S.C. 16313 ) is amended— (1) in subsection (b), by striking paragraph (4) and inserting the following: (4) Funds Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026. ; and (2) in subsection (c), by striking paragraph (4) and inserting the following: (4) Funds Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026. . (c) Electricity storage research initiative Section 975 of the Energy Policy Act of 2005 ( 42 U.S.C. 16315 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)(ii), by striking and after the semicolon 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) to ensure the competitiveness of the United States in energy storage by fostering an ecosystem linking fundamental research and development to deployment of storage solutions while minimizing the environmental impacts of energy storage technologies. ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking and after the semicolon 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) any other relevant office of the Department. ; (2) in subsection (b), by striking paragraph (4) and inserting the following: (4) Funding Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026. ; (3) in subsection (c), by striking paragraph (4) and inserting the following: (4) Funding Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026. ; and (4) in subsection (d), by striking paragraph (4) and inserting the following: (4) Funding Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $20,000,000 for each of fiscal years 2022 through 2026. . (d) Foundational nuclear science (1) In general The Director of the Office of Science shall support a program of research and development to bridge scientific barriers to, and expand theoretical and fundamental knowledge relevant to, nuclear matter for the benefit of commerce, medicine, and national security. (2) Activities As part of the program described in paragraph (1)— (A) the Director of the Office of Science shall support basic research to pursue distinct lines of scientific inquiry, including— (i) nuclear materials science, including the application of advanced computing practices to foundational and emerging research problems in nuclear materials science and discovery; (ii) the use of large data sets to model materials phenomena, including through— (I) advanced characterization of materials; (II) materials synthesis; (III) processing; and (IV) innovative use of experimental and theoretical data; (iii) electrochemistry and associated techniques for processing nuclear materials; (iv) advanced instrumentation and nuclear data collection to inform the activities described in clauses (i) through (iii); and (v) any other line of scientific inquiry, as determined by the Director of the Office of Science; and (B) the Assistant Secretary for Nuclear Energy shall consult with the Director of the Office of Science to support the direction of translational research, development, and validation of physical concepts developed under the program. (3) Funding Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary of Energy to carry out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026. (e) Carbon Materials Science Initiative (1) Initiative (A) In general The Secretary of Energy (referred to in this subsection as the Secretary ) shall establish a research initiative, to be known as the Carbon Materials Science Initiative (referred to in this subsection as the Initiative ), to expand the fundamental knowledge of coal and carbon ore chemistry useful for understanding the conversion of carbon to material products. (B) Coordination In carrying out programs and activities under the Initiative, the Secretary shall leverage expertise and resources from the Office of Fossil Energy and Carbon Management and the United States Geological Survey. (C) Teams (i) In general In carrying out the Initiative, the Secretary shall establish and organize activities among multidisciplinary teams to leverage, to the maximum extent practicable, expertise from the National Laboratories, institutions of higher education, and the private sector. (ii) Goals The multidisciplinary teams described in clause (i) shall pursue aggressive, milestone-driven basic research goals established by the Secretary. (2) Research program (A) In general The Secretary shall carry out under the Initiative a program to support, and discover knowledge relevant to, carbon materials research. (B) Activities As part of the program described in subparagraph (A)— (i) the Director of the Office of Science shall support basic research to pursue distinct lines of scientific inquiry, including methods of extraction and utilization of the materials and valuable minerals contained in raw coal; and (ii) the Director of the Office of Science and the Assistant Secretary of Energy for Fossil Energy and Carbon Management shall support basic research to pursue distinct lines of scientific inquiry, including methods of improving materials for use as carbon oxide membranes for use in carbon capture systems. (C) Review The Secretary shall periodically review activities carried out under the program described in subparagraph (A) to evaluate the achievement of technical milestones. (D) Coordination with existing programs and centers In carrying out the program described in subparagraph (A), the Secretary shall— (i) ensure coordination with— (I) the United States Geological Survey; and (II) the programs and the Carbon Utilization Research Center established under section 969A of the Energy Policy Act of 2005 ( 42 U.S.C. 16298a ); and (ii) avoid duplication of efforts to the maximum extent practicable. (3) Carbon materials research centers (A) In general In carrying out the activities authorized under paragraph (2), the Secretary shall establish 1 center in each of the 2 major coal-producing regions of the United States, each of which shall— (i) be known as a Carbon Materials Research Center (referred to in this paragraph as a Center ); and (ii) focus on early stage research and development activities, including— (I) developing and advancing methods of extracting carbon or other valuable materials from raw coal, or other solid carbon materials, for the development of other carbon-based materials; (II) improving methods of improving the structural, physical, and chemical properties of carbon materials or other valuable materials from raw coal or other solid carbon materials and their recyclability; and (III) focusing on overcoming the challenges and maximizing the benefits of coal-derived carbon. (B) Selection The Secretary shall— (i) select Centers under subparagraph (A) on a competitive, merit-reviewed basis; and (ii) consider applications from the National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities. (C) Duration A Center shall receive support for a period of not more than 5 years beginning on the date of establishment of that Center, subject to the availability of appropriations. (D) Renewal On the expiration of any period of support of a Center, the Secretary may renew support for that Center, on a merit-reviewed basis, for a period of not more than 5 years. (4) Funding Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026. (f) Carbon Oxide Sequestration Research and Geologic Computing Initiative (1) Initiative (A) In general The Secretary of Energy (referred to in this subsection as the Secretary ) shall establish a research initiative, to be known as the Carbon Oxide Sequestration Research and Geologic Computing Initiative (referred to in this subsection as the Initiative ), to expand the fundamental knowledge, data collection, data analysis, and modeling of subsurface geology for the purpose of advancing carbon oxide sequestration in geologic formations. (B) Leveraging In carrying out programs and activities under the Initiative, the Secretary shall leverage expertise and resources from the Office of Fossil Energy and Carbon Management and the United States Geological Survey. (C) Teams (i) In general In carrying out the Initiative, the Secretary shall establish and organize activities among multidisciplinary teams to leverage, to the maximum extent practicable, expertise from the National Laboratories, institutions of higher education, and the private sector. (ii) Goals The multidisciplinary teams described in clause (i) shall pursue aggressive, milestone-driven basic research goals established by the Secretary. (D) Additional activities The Secretary may organize additional activities under this subsection through other organizational structures. (2) Research program (A) In general The Secretary shall carry out under the Initiative a program to support research needed for, and discover knowledge relevant to, the sequestration of carbon oxides in geologic formations. (B) Activities As part of the program described in subparagraph (A), the Director of the Office of Science shall support basic research to pursue distinct lines of scientific inquiry, including— (i) methods of gathering geologic data for pore space characterization, including improvements to geologic seismic imaging; (ii) methods of evaluating pore space quality, including evaluation of geologic samples, to determine appropriate sequestration zones for carbon oxides; (iii) methods of testing carbon oxide sequestration; (iv) methods of monitoring carbon oxide migration in geologic formations; and (v) advancements in data analytics, including the analysis of seismic data, and computing to improve the advanced computing, visualization, and imaging of geologic formations for the sequestration of carbon oxides. (C) Review The Secretary shall periodically review activities carried out under the program described in subparagraph (A) to evaluate achievement of technical milestones. (3) Carbon oxide storage research and geologic computing centers (A) In general In carrying out the activities authorized under paragraph (2), the Director of the Office of Science shall select and establish not more than 2 carbon oxide storage research and geologic computing centers (referred to in this paragraph as a Center ) to develop and advance improvements to data collection, analysis, and modeling of subsurface geology for the purpose of advancing carbon oxide sequestration in geologic formations. (B) Selection (i) In general The Director of the Office of Science shall— (I) select Centers under subparagraph (A) on a competitive, merit-reviewed basis; and (II) to the maximum extent practicable, locate each Center in a region with established and ongoing geologic carbon oxide sequestration research and demonstration. (ii) Applications In selecting Centers under subparagraph (A), the Director of the Office of Science shall consider applications from institutions of higher education, multi-institutional collaborations, and other appropriate entities. (C) Duration (i) New Centers A Center established after the date of enactment of this Act shall receive support for a period of not more than 5 years beginning on the date of establishment of that Center, subject to the availability of appropriations. (ii) Existing Centers A Center already in existence on the date of enactment of this Act may continue to receive support for a period of not more than 5 years beginning on that date of enactment. (iii) Renewal On expiration of a period of support described in clause (i) or (ii), the Director of the Office of Science may renew support for the Center, on a merit-reviewed basis, for a period of not more than 5 years. (4) Coordination with existing programs and centers In carrying out this subsection, the Secretary shall— (A) ensure coordination with— (i) the United States Geological Survey; and (ii) the programs established under section 963 of the Energy Policy Act of 2005 ( 42 U.S.C. 16293 ); and (B) avoid duplication of efforts to the maximum extent practicable. (5) Funding Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026. 4. Biological and environmental research (a) Program; biological systems; biomolecular characterization and imaging science Section 306 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18644 ) is amended— (1) in subsection (c), by redesignating paragraphs (6) through (8) as paragraphs (5) through (7), respectively; (2) by redesignating subsections (b) through (d) as subsections (d) through (f), respectively; (3) by striking subsection (a) and inserting the following: (a) Program As part of the duties of the Director authorized under section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ), and coordinated with the activities authorized under sections 303 and 304, the Director shall carry out a program of research and development in the areas of biological systems science and climate and environmental science, including subsurface science, relevant to the development of new energy technologies and to support the energy, environmental, and national security missions of the Department. (b) Biological systems The Director shall carry out research and development activities in genomic science including fundamental research on plants and microbes to increase systems-level understanding of the complex biological systems, which may include activities— (1) to provide a fundamental understanding of the biology of plants, fungi, and microbes as a basis for developing innovative processes for bioenergy and bioproducts and accelerate breakthroughs and new knowledge that would enable the cost-effective, sustainable production of— (A) advanced biofuels; (B) bioenergy; and (C) biobased materials; (2) to conduct foundational functional biology research— (A) to support expanded biosystems design research; and (B) to understand— (i) fundamental genome structure; and (ii) phenomes, including functional genomics of gene products at genome scale; (3) to develop biosystems designs and synthetic biology approaches for new nonfood plant-derived and microbially derived bioproducts as a basis for new bioeconomy and biotechnology applications in bioproducts production, resource recovery, recycling, and upcycling ventures; (4) to conduct research to better understand environmentally relevant microbiomes and the interdependencies between plants and microbes in a sustainable ecosystem; (5) to improve fundamental understanding of plant and microbial processes impacting the global carbon cycle, including processes for removing carbon dioxide from the atmosphere, through photosynthesis and other biological processes, for sequestration, storage, and utilization; (6) to understand the microbiome mechanisms and microbiota used to transform, immobilize, or remove contaminants from subsurface environments and that affect the cycling and disposition of carbon, nutrients, and contaminants in the environment; (7) to develop the computational approaches and integrated platforms for open access collaborative science; (8) to leverage tools and approaches across the Office of Science to expand research to include novel processes, methods, and science to develop bio-based chemicals, polymers, inorganic materials, including research— (A) to advance fungal, microbial, and plant biosystems design research to advance the understanding of how CRISPR tools and other gene editing tools and technologies work in nature, in the laboratory, and in practice; (B) to deepen genome-enabled knowledge of the roles of microbes and microbial communities, including fungi, in— (i) supporting plant and tree productivity, performance, adaptation, and resilience in changing environmental conditions; and (ii) optimizing end uses of biomass; (C) to develop biosystems design methods and tools to increase the efficiency of photosynthesis in plants; and (D) to increase the scale and pace of characterizing the functions and physical characteristics of microbes and microbial communities to improve biosystems design; (9) to conduct research focused on developing analysis techniques and simulation capabilities, including artificial intelligence and machine learning, on high-performance computing platforms to accelerate collaborative and reproducible systems biology research; (10) to develop new technologies for bioimaging, measurement, and characterization purposes— (A) through the Biomolecular Characterization and Imaging Science program of the Department; and (B) to understand the structural, spatial, and temporal relationships of metabolic processes governing phenotypic expression in plants and microbes; (11) to conduct research focused on genotype-to-phenotype translations to develop a predictive understanding of cellular function under a variety of relevant environmental and bioenergy-related conditions; (12) to conduct metagenomic and metadata assembly research sequencing and analysis; and (13) to develop other relevant methods and processes as determined by the Director. (c) Biomolecular characterization and imaging science The Director shall carry out research and development activities in biomolecular characterization and imaging science, including development of integrative imaging and analysis platforms and biosensors to understand the expression, structure, and function of genome information encoded within cells and for real-time measurements in ecosystems and field sites of relevance to the mission of the Department. ; and (4) by adding at the end the following: (l) Definitions In this section: (1) Advanced biofuel The term advanced biofuel has the meaning given the term in section 9001 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101 ). (2) Bioenergy The term bioenergy means energy derived from biofuels. (3) Biomass The term biomass has the meaning given the term in section 203(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15852(b) ). (4) Bioproduct The term bioproduct has the meaning given the term biobased product in section 9001 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101 ). . (b) Low-Dose radiation research program Paragraph (8) of subsection (e) of section 306 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18644 ), as redesignated by subsection (a)(2), is amended— (1) in subparagraph (C), by striking and ; (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (E) $50,000,000 for fiscal year 2025; and (F) $60,000,000 for fiscal year 2026. . (c) Low-Dose radiation and space radiation research program Subsection (f) of section 306 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18644 ), as redesignated by subsection (a)(2), is amended to read as follows: (f) Low-Dose radiation and space radiation research program (1) In general The Secretary, in consultation with the Administrator of the National Aeronautics and Space Administration, shall carry out a basic research program on the similarities and differences between the effects of exposure to low-dose radiation on Earth, in low Earth orbit, and in the space environment. (2) Purpose The purpose of the program described in paragraph (1) is to accelerate breakthroughs in low-dose and low dose-rate radiation research and development as described in subsection (e) and to inform the advancement of new tools, technologies, and advanced materials needed to facilitate long-duration space exploration. . (d) Climate, environmental science, and other activities Section 306 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18644 ) (as amended by subsection (a)) is amended by inserting after subsection (f) the following: (g) Earth and environmental systems sciences activities (1) In general As part of the activities authorized under subsection (a), and in coordination with activities carried out under subsection (b), the Director shall carry out earth and environmental systems science research, in consultation with the National Oceanic and Atmospheric Administration and other relevant agencies, which may include activities— (A) to understand, observe, measure, and model the response of Earth’s atmosphere and biosphere to changing concentrations of greenhouse gas emissions and any associated changes in climate, including frequency and intensity of extreme weather events; (B) to understand the coupled physical, chemical, and biological processes to transform, immobilize, remove, or move carbon, nitrogen, and other energy production-derived contaminants such as radionuclides and heavy metals, and understand the process of sequestration and transformation of these, carbon dioxide, and other relevant molecules in subsurface environments; (C) to understand, observe, and model the cycling of water, carbon, and nutrients in terrestrial systems and at scales relevant to resources management; (D) to understand the biological, biogeochemical, and physical processes across the multiple scales that control the flux of environmentally relevant compounds between the terrestrial surface and the atmosphere; and (E) to understand and predict interactions among natural and human systems to inform potential mitigation and adaptation options for increased concentrations of greenhouse gas emissions and any associated changes in climate. (2) Prioritization In carrying out the program authorized under paragraph (1), the Director shall prioritize— (A) the development of software and algorithms to enable the productive application of environmental systems and extreme weather in climate and Earth system prediction models in high-performance computing systems; and (B) capabilities that support the Department’s mission needs for energy and infrastructure security, resilience, and reliability. (3) Environmental systems science research (A) In general As part of the activities described in paragraph (1), the Director shall carry out research to advance an integrated, robust, and scale-aware predictive understanding of environmental systems, including the role of hydrobiogeochemistry, from the subsurface to the top of the vegetative canopy that considers effects of seasonal to interannual variability and change. (B) Clean water and watershed research As part of the activities described in subparagraph (A), the Director shall— (i) support interdisciplinary research to significantly advance our understanding of water availability, quality, and the impact of human activity and a changing climate on urban and rural watershed systems, including in freshwater environments; (ii) consult with the Interagency Research, Development, and Demonstration Coordination Committee on the Nexus of Energy and Water for Sustainability established under section 1010 of the Energy Act of 2020 ( Public Law 116–260 ) on energy-water nexus research activities; and (iii) engage with representatives of research and academic institutions, nonprofit organizations, State, local, and tribal governments, and industry, who have expertise in technologies, technological innovations, or practices relating to the energy-water nexus, as applicable. (C) Coordination (i) Director The Director shall carry out activities under this paragraph in accordance with priorities established by the Secretary to support and accelerate the decontamination of relevant facilities managed by the Department. (ii) Secretary The Secretary shall ensure the coordination of activities of the Department, including activities under this paragraph, to support and accelerate the decontamination of relevant facilities managed by the Department. (4) Climate and earth modeling As part of the activities described in paragraph (1), the Director, in collaboration with the Advanced Scientific Computing Research program described in section 304 and other programs carried out by the Department, as applicable, and in consultation with the National Oceanic and Atmospheric Administration and other relevant agencies, shall carry out research to develop, evaluate, and use high-resolution regional climate, global climate, Earth system, and other relevant models to inform decisions on reducing greenhouse gas emissions and the resulting impacts of a changing global climate. Such modeling shall include— (A) integrated capabilities for modeling multisectoral interactions, including the impacts of climate policies on human systems and the interdependencies and risks at the energy-water-land nexus; (B) greenhouse gas emissions, air quality, energy supply and demand, and other critical elements; and (C) interaction among human and Earth systems informed by interdisciplinary research, including the economic and social sciences. (5) Midscale funding mechanism (A) In general Any of the activities authorized in this subsection may be carried out by competitively selected midscale, multi-institutional research centers in lieu of individual research grants, or large-scale experiments or user facilities. (B) Consideration The Biological and Environmental Research Advisory Committee shall provide recommendations to the Director on projects most suitable for the research centers described in subparagraph (A). (6) Atmospheric sciences research subprogram (A) In general The Secretary shall establish a subprogram as part of the activities carried out under paragraph (1), to be known as the Atmospheric Sciences Research Subprogram , under which the Secretary shall conduct research relating to— (i) better understanding the atmosphere and the interaction of the atmosphere with the surface of the Earth; (ii) understanding sources of uncertainty in Earth system models, including with respect to the interdependence of clouds (including contrails), atmospheric aerosols (including natural aerosol loading events), and precipitation; (iii) understanding the radiative balance and hydrological cycle of Earth; and (iv) demonstrating the improved predictability of regional and global atmospheric models due to improved process-level understanding. (B) Activities In carrying out the Atmospheric Sciences Research Subprogram, the Secretary shall— (i) collect data and conduct research to advance atmospheric and Earth system modeling capabilities; (ii) develop integrated, scalable test-beds that— (I) incorporate process-level understanding of the life cycles of aerosols, clouds, and precipitation; and (II) can be incorporated into other models; (iii) improve data, analysis, and prediction systems in marine, littoral, terrestrial, and arctic environments, including those environments sensitive to changes in the climate; and (iv) support the development of technologies relating to— (I) more accurate cloud, aerosol, and other atmospheric sensors; (II) observing sensor networks; and (III) computational predictive modeling. (C) Use of atmospheric radiation measurement program facilities and infrastructure To support the Atmospheric Sciences Research Subprogram and improve fundamental understanding of the physical and chemical processes that impact the formation, life cycle, and radiative impacts of cloud and aerosol particles, the Secretary shall use the facilities and infrastructure of the Atmospheric Radiation Measurement User Facility— (i) to provide support to environmental scientists by collecting high-quality and well-characterized in-situ and aircraft observations of— (I) the microphysical properties of clouds and atmospheric aerosols; (II) the coincident and highly detailed dynamical and thermodynamic properties of the atmospheric environment that contains those clouds and aerosols; (III) the properties of precipitation; and (IV) the properties of radiation and the background environment; and (ii) to carry out laboratory studies and ground-based and airborne field campaigns to target specific atmospheric processes in different locations and across a range of environments, including by developing technologies to assist in advancing predictive capabilities. (h) Biological and environmental research user facilities (1) In general The Director shall carry out a program for the development, construction, operation, and maintenance of user facilities to enhance the collection and analysis of observational data related to complex biological, climate, and environmental systems. (2) Selection (A) In general The Director shall select user facilities under paragraph (1) on a competitive, merit-reviewed basis. (B) Applicants In selecting user facilities under paragraph (1), the Director shall consider applications from the National Laboratories, institutes of higher education, multi-institutional collaborations, and other appropriate entities. (3) Facility requirements To the maximum extent practicable, the user facilities developed, constructed, operated, or maintained under paragraph (1) shall include— (A) distributed field research and observation platforms for understanding earth system processes; (B) analytical techniques, instruments, and modeling resources, including high-throughput molecular phenotyping, for understanding and predicting the functional processes of biological and environmental systems; (C) integrated high-throughput sequencing, advanced bioanalytic techniques, DNA design and synthesis, metabolomics, and computational analysis; and (D) such other facilities as the Director considers appropriate, consistent with section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ). (4) Existing facilities In carrying out the program established in paragraph (1), the Director is encouraged to evaluate the capabilities of existing user facilities and, to the maximum extent practicable, invest in modernization of those capabilities to address emerging research priorities. (5) Microbial molecular phenotyping capability project (A) In general The Secretary shall provide for the creation of a high-throughput microbial molecular phenotyping capability to accelerate discovery of new protein functions and metabolic pathways in microbial systems. (B) Capabilities In carrying out subparagraph (A), the Secretary shall ensure the following capabilities: (i) Coupled high-throughput autonomous experimental and multimodal analytical capabilities. (ii) Direct integration of automated multiomics analyses, biomolecular and cellular imaging, and functional biological assays with high-throughput microbial culturing and cultivation capabilities at timescales relevant to biological processes under natural and perturbed environmental conditions. (C) Data coordination In carrying out subparagraph (A), the Secretary shall ensure integration and coordination with existing data platforms of the Department. (D) Start of operations Subject to the availability of appropriations, the Secretary shall begin carrying out subparagraph (A) not later than September 29, 2027. (E) Funding Of the funds authorized to be appropriated under subsection (k) for a fiscal year, there are authorized to be appropriated to the Secretary to carry out this paragraph— (i) $550,000 for fiscal year 2022; (ii) $29,000,000 for fiscal year 2023; (iii) $32,000,000 for fiscal year 2024; (iv) $30,500,000 for fiscal year 2025; and (v) $27,500,000 for fiscal year 2026. (6) User Facilities Integration and Collaboration program (A) In general The Director shall support a program of collaboration between user facilities to encourage and enable researchers to more readily integrate the tools, expertise, resources, and capabilities of multiple Office of Science user facilities (as described in subsection (d) of section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 )) to further research and advance emerging technologies. (B) Activities The program shall advance the integration of automation, robotics, computational biology, bioinformatics, biosensing, cellular platforms and other relevant emerging technologies as determined by the Director to enhance productivity and scientific impact of user facilities. (7) Coordination In carrying out the program authorized under paragraph (1), the Director shall ensure that the Office of Science— (A) consults and coordinates with the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, the National Aeronautics and Space Administration, the Department of Agriculture, the Department of the Interior, and any other relevant Federal agency on the collection, validation, and analysis of atmospheric data; and (B) coordinates with relevant stakeholders, including institutes of higher education, nonprofit research institutions, industry, State, local, and tribal governments, and other appropriate entities to ensure access to the best available relevant atmospheric and historical weather data. (i) Coastal zone research initiative (1) In general The Director shall carry out a research program, in consultation with the National Oceanic and Atmospheric Administration and other relevant Federal agencies, to enhance the understanding of coastal ecosystems. In carrying out this program, the Director shall prioritize efforts to enhance the collection of observational data, and shall develop models to analyze the ecological, biogeochemical, hydrological, physical, and human processes that interact in coastal zones. (2) Coastal data collection system The Director shall establish, in consultation with the National Oceanic and Atmospheric Administration and other relevant agencies, an integrated system of geographically diverse field research sites in order to improve the scientific understanding and predictability of the major land water interfaces of the United States, including— (A) the Great Lakes region; (B) the Pacific coast; (C) the Atlantic coast; (D) the Arctic; (E) the Gulf coast; and (F) the coasts of United States territories and freely associated States. (3) Existing infrastructure In carrying out the programs and establishing the field research sites under paragraphs (1) and (2), the Secretary shall leverage existing research and development infrastructure supported by the Department, including the Department’s existing marine and coastal research lab. (4) Coordination For the purposes of carrying out the programs and establishing the field research sites under paragraphs (1) and (2), the Secretary may enter into agreements with Federal Departments and agencies with complementary capabilities. (j) Engineered ecosystems initiative (1) In general The Secretary shall establish within the Biological and Environmental Research program an initiative focused on the development of engineered ecosystems through the application of artificial intelligence, novel sensing capabilities, and other emerging technologies. (2) Interagency coordination The Secretary shall coordinate with the Director of the National Science Foundation, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the U.S. Geological Survey, the Secretary of Agriculture, and other relevant officials to avoid duplication of research and observational activities and to ensure that activities carried out under the initiative established under paragraph (1) are complimentary to activities being undertaken by other agencies. (3) Report Not later than 180 days after the date of enactment of the Department of Energy Science for the Future Act of 2022 , the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the activity authorized under this subsection. (k) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section— (1) $880,360,000 for fiscal year 2022; (2) $946,385,200 for fiscal year 2023; (3) $1,016,332,164 for fiscal year 2024; (4) $1,090,475,415 for fiscal year 2025; and (5) $1,169,108,695 for fiscal year 2026. . (e) Bioenergy research centers Section 977 of the Energy Policy Act of 2005 ( 42 U.S.C. 16317 ) is amended by striking subsection (f) and inserting the following: (f) Bioenergy research centers (1) In general In carrying out the program under section 306(a) of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18644(a) ), the Director shall support up to 6 bioenergy research centers, or make an equivalent investment in other center-scale funding modalities, to conduct fundamental research in plant and microbial systems biology, biological imaging and analysis, and genomics, and to accelerate advanced research and development of advanced biofuels, bioenergy or biobased materials, chemicals, and products that are produced from a variety of regionally diverse feedstocks, and to facilitate the translation of research results to industry. The activities of the centers authorized under this subsection may include— (A) accelerating the domestication of bioenergy-relevant plants, microbes, and associated microbial communities to enable high-impact, value-added coproduct development at multiple points in the bioenergy supply chain; (B) developing the science and technological advances to ensure process sustainability is considered in the creation of advanced biofuels and bioproducts from lignocellulosic biomass; and (C) using the latest tools in genomics, molecular biology, catalysis science, chemical engineering, systems biology, and computational and robotics technologies to sustainably produce and transform biomass into advanced biofuels and bioproducts. (2) Selection and duration (A) In general A center established under paragraph (1) shall be selected on a competitive, merit-reviewed basis for a period of not more than 5 years, subject to the availability of appropriations, beginning on the date of establishment of that center. (B) Applications The Director shall consider applications from National Laboratories, multi-institutional collaborations, and other appropriate entities. (C) Existing centers A center already in existence on the date of enactment of the Department of Energy Science for the Future Act of 2022 may continue to receive support for a period of not more than 5 years beginning on the date of establishment of that center. (D) New centers At least 1 new center established under paragraph (1) shall be led by an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) that is located in an eligible jurisdiction (as defined in section 2203(b)(3)(A) of the Energy Policy Act of 1992 ( 42 U.S.C. 13503(b)(3)(A) )). (3) Renewal After the end of the applicable period described in paragraph (2), the Director may renew support for a center for a period of not more than 5 years on a merit-reviewed basis. For a center in operation for 10 years after its previous selection on a competitive, merit-reviewed basis, the Director may renew support for the center on a competitive, merit-reviewed basis for a period of not more than 5 years, and may subsequently provide an additional renewal on a merit-reviewed basis for a period of not more than 5 years. (4) Activities Centers shall undertake research activities to accelerate the production of advanced biofuels and bioproducts from biomass resources by identifying the most suitable species of plants for use as energy crops; and improving methods of breeding, propagation, planting, producing, harvesting, storage and processing. Activities may include the following: (A) Research activities to increase sustainability, including— (i) advancing knowledge of how bioenergy crop interactions with biotic and abiotic environmental factors influence crop growth, yield, and quality; (ii) identifying the most impactful research areas that address the economics of advanced biofuels and bioproducts production; and (iii) utilizing multiscale modeling to advance predictive understanding of advanced biofuel cropping ecosystems. (B) Research activities to further feedstock development, including lignocellulosic, algal, gaseous wastes including carbon oxides and methane, and direct air capture of single carbon gases via plants and microbes, including— (i) developing genetic and genomic tools, high-throughput analytical tools, and biosystems design approaches to enhance bioenergy feedstocks and their associated microbiomes; (ii) conducting field testing of new potential bioenergy feedstock crops under environmentally benign and geographically diverse conditions to assess viability and robustness; and (iii) developing quantitative models informed by experimentation to predict how bioenergy feedstocks perform under diverse conditions. (C) Research activities to improve lignocellulosic deconstruction and separation methods, including— (i) developing feedstock-agnostic deconstruction processes capable of efficiently fractionating biomass into targeted output streams; (ii) gaining a detailed understanding of plant cell wall biosynthesis, composition, structure, and properties during deconstruction; and (iii) improving enzymes and approaches for biomass breakdown and cellulose, hemicellulose, and lignin processing. (D) Research activities to improve the feedstock conversion process for advanced biofuels and bioproducts, including— (i) developing high-throughput methods to screen or select high-performance microbial strains and communities to improve product formation rates, yields, and selectivity; (ii) establishing a broad set of platform microorganisms and microbial communities suitable for metabolic engineering to produce advanced biofuels and bioproducts and high-throughput methods for experimental validation of gene function; (iii) developing techniques to enhance microbial robustness for tolerating toxins to improve advanced biofuel and bioproduct yields and to gain a better understanding of the cellular and molecular bases of tolerance for major chemical classes of inhibitors found in these processes; (iv) advancing technologies for the use of batch, continuous, and consolidated bioprocessing; (v) identifying, creating, and optimizing microbial and chemical pathways to produce promising, atom-economical intermediates and final bioproducts from biomass with considerations given to environmentally benign processes; (vi) developing high-throughput, real-time, in situ analytical techniques to understand and characterize the pre- and post-bioproduct separation streams in detail; (vii) creating methodologies for efficiently identifying viable target molecules, identifying high-value bioproducts in existing biomass streams, and utilizing current byproduct streams; (viii) identifying and improving plant feedstocks with enhanced extractable levels of desired bioproducts or bioproduct precursors, including lignin streams; and (ix) developing integrated biological and chemical catalytic approaches to valorize and produce a diverse portfolio of advanced biofuels and bioproducts. (5) Industry partnerships Centers shall establish industry partnerships to translate research results to commercial applications. (6) Coordination In coordination with the Bioenergy Technologies Office of the Department, the Secretary shall support interdisciplinary research activities to improve the capacity, efficiency, resilience, security, reliability, and affordability, of the production and use of advanced biofuels and bioproducts, as well as activities to enable positive impacts and avoid the potential negative impacts that the production and use of advanced biofuels and bioproducts may have on ecosystems, people, and historically marginalized communities. (7) Funding Of the funds authorized to be appropriated under subsection (k) of section 306 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18644 ) for a fiscal year, there is authorized to be appropriated to the Secretary to carry out this subsection $30,000,000 per center established under paragraph (1) for each of fiscal years 2022 through 2026. (8) Definitions In this subsection: (A) Advanced biofuel The term advanced biofuel has the meaning given the term in section 9001 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101 ). (B) Bioenergy The term bioenergy means energy derived from biofuels. (C) Biomass The term biomass has the meaning given the term in section 203(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15852(b) ). (D) Bioproduct The term bioproduct has the meaning given the term biobased product in section 9001 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101 ). . 5. Advanced scientific computing research program (a) Advanced scientific computing research Section 304 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18642 ) is amended— (1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (2) by inserting before subsection (b), as so redesignated, the following: (a) In general As part of the activities authorized under section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ), the Director shall carry out, in coordination with academia and relevant public and private sector entities, a research, development, and demonstration program— (1) to steward applied mathematics, computational science, and computer science research relevant to the missions of the Department and the competitiveness of the United States; (2) to develop modeling, simulation, and other computational tools relevant to other scientific disciplines and to the development of new energy technologies and other technologies; (3) to advance computing and networking capabilities for data-driven discovery; and (4) to develop advanced scientific computing hardware and software tools for science and engineering. ; (3) in subsection (c), as so redesignated— (A) by striking The Director and inserting the following: (1) Director The Director ; and (B) by adding at the end the following: (2) Coordination The Under Secretary for Science shall ensure the coordination of the activities of the Department, including activities under this section, to determine and meet the computational and networking research and facility needs of the Office of Science and all other relevant energy technology and energy efficiency programs within the Department and with other Federal agencies as appropriate. ; (4) by amending subsection (d), as so redesignated, to read as follows: (d) Applied mathematics and software development for high-End computing systems and computer sciences research (1) In general The Director shall carry out activities to develop, test, and support— (A) mathematics, statistics, and algorithms for modeling complex systems relevant to the missions of the Department, including on advanced computing architectures; and (B) tools, languages, programming environments, and operations for high-end computing systems (as defined in section 2 of the American Super Computing Leadership Act of 2017 ( 15 U.S.C. 5541 )). (2) Portfolio balance (A) In general The Director shall maintain a balanced portfolio within the advanced scientific computing research and development program established under section 976 of the Energy Policy Act of 2005 ( 42 U.S.C. 16316 ) that supports robust investment in— (i) applied mathematical, computational, and computer sciences research needs relevant to the mission of the Department, including foundational areas that are critical to the advancement of energy sciences and technologies and new and emerging computing technologies; and (ii) associated high-performance computing hardware and facilities. (B) Exascale ecosystem sustainment (i) Sense of Congress It is the sense of Congress that the Exascale Computing Project has successfully created a broad ecosystem that provides shared software packages, novel evaluation systems, and applications relevant to the science and engineering requirements of the Department, and that such products must be maintained and improved in order that the full potential of the deployed systems can be continuously realized. (ii) Sustainment The Secretary shall seek to sustain and evolve the ecosystem described in clause (i) to ensure that the exascale software stack and other research software will continue to be maintained, hardened, and otherwise optimized for long-term use on exascale systems and beyond and reliable availability to the user community. ; and (5) by adding at the end the following: (e) Advanced computing program (1) In general The Secretary shall establish a program to develop and implement a strategy for achieving computing systems with capabilities beyond exascale computing systems. In establishing this program, the Secretary shall— (A) maintain foundational research programs in mathematical, computational, and computer sciences focused on new and emerging computing needs within the mission of the Department, including post-Moore’s law computing architectures, novel approaches to modeling and simulation, artificial intelligence and scientific machine learning, quantum computing, edge computing, extreme heterogeneity, including potential quantum accelerators, and distributed high-performance computing; (B) retain best practices and maintain support for essential hardware, applications, and software elements of the Exascale Computing Program that are necessary for sustaining the vitality of a long-term capable software ecosystem for exascale and beyond; and (C) develop a Department-wide strategy for balancing on-premises and cloud-based computing and scientific data management. (2) Report Not later than 1 year after the date of enactment of the Department of Energy Science for the Future Act of 2022 , the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the development and implementation of the strategy described in paragraph (1). (f) Guidance on mitigation of bias in high-Performance computing capabilities In leveraging high-performance computing systems for research purposes, including through the use of machine learning algorithms for data analysis and artificial intelligence, the Secretary shall issue guidance for the Department, the National Laboratories, and users as to how those capabilities should be employed in a manner that mitigates and, to the maximum extent practicable, avoids harmful algorithmic bias. (g) Architectural research in heterogeneous computing systems (1) In general The Secretary shall carry out a program of research and development in heterogeneous and reconfigurable computing systems to expand understanding of the potential for heterogeneous and reconfigurable computing systems to deliver high-performance, high-efficiency computing for Department mission challenges. That program shall include research and development that explores the convergence of big data analytics, simulations, and artificial intelligence to drive the design of heterogenous computing system architectures. (2) Coordination In carrying out the program described in paragraph (1), the Secretary shall ensure coordination between research activities undertaken by the Advanced Scientific Computing Research program and materials research supported by the Basic Energy Sciences program within the Office of Science. (h) Energy efficient computing program (1) In general The Secretary shall support a program of fundamental research, development, and demonstration of energy efficient computing and data center technologies relevant to advanced computing applications, including high-performance computing, artificial intelligence, and scientific machine learning. (2) Execution (A) Program In carrying out the program under paragraph (1), the Secretary shall— (i) establish a partnership for National Laboratories, industry partners, and institutions of higher education for codesign of energy efficient hardware, technology, software, and applications across all applicable program offices of the Department, and provide access to energy efficient computing resources to such partners; (ii) develop hardware and software technologies that decrease the energy needs of advanced computing practices, including through data center codesign; (iii) consider multiple heterogeneous computing architectures in collaboration with the program established under subsection (g), including neuromorphic computing, persistent computing, and ultrafast networking; and (iv) provide, as appropriate, on a competitive, merit-reviewed basis, access for researchers from institutions of higher education, National Laboratories, industry, and other Federal agencies to the energy efficient computing technologies developed pursuant to clause (i). (B) Selection of partners In selecting participants for the partnership established under subparagraph (A)(i), the Secretary shall select participants through a competitive, merit review process. (C) Report Not later than 1 year after the date of enactment of the Department of Energy Science for the Future Act of 2022 , the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on— (i) the activities conducted under subparagraph (A); and (ii) the coordination and management of the program under subparagraph (A) to ensure an integrated research program across the Department. (i) Energy sciences network (1) In general The Secretary shall provide for upgrades to the Energy Sciences Network user facility in order to meet the research needs of the Department for highly reliable data transport capabilities optimized for the requirements of large-scale science. (2) Capabilities In carrying out paragraph (1), the Secretary shall ensure the following capabilities: (A) To provide high bandwidth scientific networking across the continental United States and the Atlantic Ocean. (B) To ensure network reliability. (C) To protect the network infrastructure from cyberattacks. (D) To manage transport of exponentially increasing levels of data from the Department’s National Laboratories and sites, user facilities, experiments, and sensors. (E) To contribute to the integration of heterogeneous computing frameworks and systems. (j) Computational science graduate fellowship (1) In general The Secretary shall support the Computational Science Graduate Fellowship program in order to facilitate collaboration between graduate students and researchers at the National Laboratories, and contribute to the development of a diverse and inclusive computational workforce to help advance research in all areas of computational science relevant to the mission of the Department, including quantum computing. (2) Funding Of the funds authorized to be appropriated for the Advanced Scientific Computing Research Program, there are authorized to be appropriated to the Secretary for carrying out activities under this subsection— (A) $21,000,000 for fiscal year 2022; (B) $22,050,000 for fiscal year 2023; (C) $23,152,500 for fiscal year 2024; (D) $24,310,125 for fiscal year 2025; and (E) $25,525,631 for fiscal year 2026. (k) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section— (1) $1,126,350,000 for fiscal year 2022; (2) $1,222,674,500 for fiscal year 2023; (3) $1,324,320,715 for fiscal year 2024; (4) $1,431,660,115 for fiscal year 2025; and (5) $1,535,090,121 for fiscal year 2026. . (b) Quantum science network (1) Definitions Section 2 of the National Quantum Initiative Act ( 15 U.S.C. 8801 ) is amended— (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following: (7) Quantum network infrastructure The term quantum network infrastructure means any facility, expertise, or capability that is necessary to enable the development and deployment of scalable and diverse quantum network technologies. . (2) Department of energy quantum network infrastructure research and development program (A) In general Title IV of the National Quantum Initiative Act ( 15 U.S.C. 8851 et seq. ) is amended by adding at the end the following: 403. Department of Energy quantum network infrastructure research and development program (a) In general The Secretary of Energy (referred to in this section as the Secretary ) shall carry out a research, development, and demonstration program to accelerate innovation in quantum network infrastructure in order to— (1) facilitate the advancement of distributed quantum computing systems through the internet and intranet; (2) improve the precision of measurements of scientific phenomena and physical imaging technologies; (3) develop secure national quantum communications technologies and strategies; (4) demonstrate quantum networking utilizing the Department of Energy’s Energy Sciences Network User Facility; and (5) advance the relevant domestic supply chains and manufacturing capabilities of the United States. (b) Program In carrying out this section, the Secretary shall— (1) coordinate with— (A) the Director of the National Science Foundation; (B) the Director of the National Institute of Standards and Technology; (C) the Chair of the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 103(a); and (D) the Chair of the Subcommittee on the Economic and Security Implications of Quantum Science; (2) conduct cooperative research with industry, National Laboratories, institutions of higher education, and other research institutions to facilitate new quantum infrastructure methods and technologies, including— (A) quantum-limited detectors, ultra-low loss optical channels, space-to-ground connections, and classical networking and cybersecurity protocols; (B) entanglement and hyper-entangled state sources and transmission, control, and measurement of quantum states; (C) quantum interconnects that allow short range local connections between quantum processors; (D) transducers for quantum sources and signals between optical wavelength regimes, including telecommunications regimes and quantum computer-relevant domains, including microwaves; (E) development of quantum memory buffers and small-scale quantum computers that are compatible with photon-based quantum bits in the optical or telecommunications wavelengths; (F) long-range entanglement distribution, allowing entanglement-based protocols between small- and large-scale quantum processors, at the terrestrial and space-based level using quantum repeaters and optical or laser communications; (G) quantum routers, multiplexers, repeaters, and related technologies necessary to create secure long-distance quantum communication; and (H) integration of systems across the quantum technology stack into traditional computing networks, including the development of remote controlled, high-performance, and reliable implementations of key quantum network components by leveraging the expertise, infrastructure and supplemental investments at the National Laboratories in the Energy Sciences Network User Facility; (3) engage with the Quantum Economic Development Consortium and other organizations, as applicable, to transition component technologies to help facilitate as appropriate the development of a quantum supply chain for quantum network technologies; (4) advance basic research in advanced scientific computing, particle and nuclear physics, and material science to enhance the understanding, prediction, and manipulation of materials, processes, and physical phenomena relevant to quantum network infrastructure; (5) develop experimental tools and testbeds in collaboration with the Energy Sciences Network User Facility necessary to support cross-cutting fundamental research and development activities with diverse stakeholders from industry, National Laboratories, and institutions of higher education; and (6) consider quantum network infrastructure applications that span the Department of Energy’s missions in energy, environment, and national security. (c) Leveraging In carrying out this section, the Secretary shall leverage resources, infrastructure, and expertise across the Department of Energy and from— (1) the National Institute of Standards and Technology; (2) the National Science Foundation; (3) the National Aeronautics and Space Administration; (4) other relevant Federal agencies; (5) the National Laboratories; (6) industry stakeholders; (7) institutions of higher education; and (8) the National Quantum Information Science Research Centers. (d) Research plan Not later than 180 days after the date of enactment of the Department of Energy Science for the Future Act of 2022 , the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a 4-year research plan that identifies and prioritizes basic research needs relating to quantum network infrastructure. (e) Standard of review The Secretary shall review activities carried out under this section to determine the achievement of technical milestones. (f) Funding Of the funds authorized to be appropriated for the Department of Energy’s Office of Science, there is authorized to be appropriated to the Secretary to carry out the activities under this section $100,000,000 for each of fiscal years 2022 through 2026. 404. Department of energy quantum user expansion for science and technology program (a) In general The Secretary of Energy (referred to in this section as the Secretary ) shall establish and carry out a program, to be known as the Quantum User Expansion for Science and Technology program or QUEST program , to encourage and facilitate access to United States quantum computing hardware and quantum computing clouds for research purposes— (1) to enhance the United States quantum research enterprise; (2) to educate the future quantum computing workforce; (3) to accelerate the advancement of United States quantum computing capabilities; and (4) to advance the relevant domestic supply chains and manufacturing processes of the United States. (b) Program In carrying out this section, the Secretary shall— (1) coordinate with— (A) the Director of the National Science Foundation; (B) the Director of the National Institute of Standards and Technology; (C) the Chair of the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 103(a); and (D) the Chair of the Subcommittee on the Economic and Security Implications of Quantum Science; (2) provide researchers based within the United States with access to, and use of, United States quantum computing resources through a competitive, merit-reviewed process; (3) consider applications from the National Laboratories, multi-institutional collaborations, institutions of higher education, industry stakeholders, and any other entities that the Secretary determines are appropriate to provide national leadership on quantum computing related issues; (4) consult and coordinate with private sector stakeholders, the user community, and interagency partners on program development and best management practices; and (5) balance user access to commercial prototypes available for use for a broad class of applications and Federal research prototypes that enable benchmarking a wider variety of early-stage devices. (c) Leveraging In carrying out this section, the Secretary shall leverage resources and expertise across the Department of Energy and from— (1) the National Institute of Standards and Technology; (2) the National Science Foundation; (3) the National Aeronautics and Space Administration; (4) other relevant Federal agencies; (5) the National Laboratories; (6) industry stakeholders; (7) institutions of higher education; and (8) the National Quantum Information Science Research Centers. (d) Security In carrying out the activities authorized by this section, the Secretary, in consultation with the Director of the National Science Foundation and the Director of the National Institute of Standards and Technology, shall ensure proper security controls are in place to protect sensitive information, as appropriate. (e) Funding Of the funds authorized to be appropriated for the Department of Energy’s Office of Science, there are authorized to be appropriated to the Secretary to carry out the activities under this section— (1) $30,000,000 for fiscal year 2022; (2) $50,000,000 for fiscal year 2023; (3) $70,000,000 for fiscal year 2024; (4) $90,000,000 for fiscal year 2025; and (5) $100,000,000 for fiscal year 2026. . (B) Clerical amendment The table of contents in section 1(b) of the National Quantum Initiative Act ( Public Law 115–368 ; 132 Stat. 5092) is amended by inserting after the item relating to section 402 the following: Sec. 403. Department of Energy quantum network infrastructure research and development program. Sec. 404. Department of Energy quantum user expansion for science and technology program. . 6. Fusion energy research (a) Fusion energy research Section 307 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18645 ) is amended— (1) in subsection (b)— (A) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (C) in the matter preceding subparagraph (A) (as so redesignated), by striking As part of and inserting the following: (1) In general As part of ; and (D) by adding at the end the following: (2) Authorization of appropriations Out of funds authorized to be appropriated under subsection (q), there is authorized to be appropriated to the Secretary to carry out activities described in paragraph (1) $50,000,000 for each of fiscal years 2022 through 2026. ; (2) in subsection (d)(3)— (A) by striking (o) and inserting (q) ; (B) by striking subsection (d) and inserting this subsection ; and (C) by striking 2025 and inserting 2026 ; (3) in subsection (e)(4)— (A) by striking (o) and inserting (q) ; (B) by striking subsection (e) and inserting this subsection ; and (C) by striking 2025 and inserting 2026 ; (4) in subsection (i)(10)— (A) in the matter preceding subparagraph (A)— (i) by striking (o) and inserting (q) ; and (ii) by striking subsection (i) and inserting this subsection ; (B) in subparagraph (D), by striking and at the end; (C) in subparagraph (E), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (F) $45,000,000 for fiscal year 2026. ; (5) by redesignating subsection (o) as subsection (q); (6) by inserting after subsection (n) the following: (o) Material plasma exposure experiment (1) In general The Secretary shall construct a Material Plasma Exposure Experiment facility as described in the 2020 publication approved by the Fusion Energy Sciences Advisory Committee entitled Powering the Future: Fusion and Plasmas . The Secretary shall consult with the private sector, institutions of higher education, National Laboratories, and relevant Federal agencies to ensure that the facility is capable of meeting Federal research needs for steady state, high-heat-flux, and plasma-material interaction testing of fusion materials over a range of fusion energy relevant parameters. (2) Facility capabilities The Secretary shall ensure that the facility described in paragraph (1) will provide the following capabilities: (A) A magnetic field at the target of 1 Tesla. (B) An energy flux at the target of 10 MW/m 2 . (C) The ability to expose previously irradiated plasma facing material samples to plasma. (3) Start of operations The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in paragraph (1) occurs before December 31, 2027. (4) Funding Of the funds authorized to be appropriated for Fusion Energy Sciences, there are authorized to be appropriated to the Secretary for the Office of Fusion Energy Sciences to complete construction of the facility described in paragraph (1)— (A) $32,800,000 for fiscal year 2022; (B) $13,400,000 for fiscal year 2023; (C) $12,600,000 for fiscal year 2024; and (D) $400,000 for fiscal year 2025. (p) Matter in extreme conditions instrument upgrade (1) In general The Secretary shall provide for the upgrade to the Matter in Extreme Conditions endstation at the Linac Coherent Light Source as described in the 2020 publication approved by the Fusion Energy Sciences Advisory Committee entitled Powering the Future: Fusion and Plasmas . The Secretary shall consult with the private sector, institutions of higher education, National Laboratories, and relevant Federal agencies to ensure that this facility is capable of meeting Federal research needs for understanding physical and chemical changes to plasmas at fundamental timescales, and explore new regimes of dense material physics, astrophysics, planetary physics, and short-pulse laser-plasma interactions. (2) Start of operations The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in paragraph (1) occurs before December 31, 2028. ; and (7) in subsection (q) (as so redesignated)— (A) in paragraph (4), by striking and at the end; (B) in paragraph (5), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (6) $1,000,000,000 for fiscal year 2026. . (b) ITER construction Section 972(c)(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 16312(c)(3) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) $281,000,000 for fiscal year 2026. . 7. High energy physics program (a) Program Section 305 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18643 ) is amended— (1) by redesignating subsections (b) through (d) as subsections (d) through (f), respectively; and (2) by inserting after subsection (a) the following: (b) Program As part of the activities authorized under section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ), the Director shall carry out a research program in elementary particle physics and advanced technology research and development to improve the understanding of the fundamental properties of the universe, including constituents of matter and energy and the nature of space and time. (c) High energy frontier research As part of the program described in subsection (b), the Director shall carry out research using high energy accelerators and advanced detectors, including accelerators and detectors that will function as national user facilities, to create and study interactions of elementary particles and investigate fundamental forces. . (b) International collaboration Section 305 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18643 ) is amended by striking subsection (d) (as redesignated by subsection (a)(1)) and inserting the following: (d) International collaboration The Director shall— (1) as practicable and in coordination with other appropriate Federal agencies as necessary, ensure the access of United States researchers to the most advanced accelerator facilities and research capabilities in the world, including the Large Hadron Collider; (2) to the maximum extent practicable, continue to leverage United States participation in the Large Hadron Collider, and prioritize expanding international partnerships and investments in the Long-Baseline Neutrino Facility and Deep Underground Neutrino Experiment; and (3) to the maximum extent practicable, prioritize engagement in collaborative efforts in support of future international facilities that would provide access to the most advanced accelerator facilities in the world to United States researchers. . (c) Cosmic frontier research Section 305 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18645 ) is amended by striking subsection (f) (as redesignated by subsection (a)(1)) and inserting the following: (f) Cosmic frontier research The Director shall carry out research activities on the nature of the primary contents of the universe, including the nature of dark energy and dark matter. These activities shall, to the maximum extent practicable, be consistent with the research priorities identified by the High Energy Physics Advisory Panel or the National Academy of Sciences, and may include— (1) collaborations with the National Aeronautics and Space Administration, the National Science Foundation, or international partners on relevant projects; and (2) the development of space-based, land-based, water-based, and underground facilities and experiments. . (d) Further activities Section 305 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18645 ) (as amended by subsection (c)), is amended by adding at the end the following: (g) Facility construction and major items of equipment (1) Projects Consistent with the Office of Science’s project management practices, the Director shall, to the maximum extent practicable, by incorporating the findings and recommendations of the 2014 Particle Physics Project Prioritization Panel (P5) report entitled Building for Discovery , support construction or fabrication of— (A) an international Long-Baseline Neutrino Facility based in the United States; (B) the Proton Improvement Plan II; (C) Second Generation Dark Matter experiments; (D) the Legacy Survey of Space and Time camera; (E) upgrades to detectors and other components of the Large Hadron Collider; (F) the Cosmic Microwave Background Stage 4 project; and (G) other high priority projects recommended in the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel. (2) Long-baseline neutrino facility (A) In general The Secretary shall support construction of a Long-Baseline Neutrino Facility to facilitate the international Deep Underground Neutrino Experiment to examine the fundamental properties of neutrinos, explore physics beyond the Standard Model, and better clarify the existence and nature of antimatter. (B) Facility capabilities The Secretary shall ensure that the facility described in subparagraph (A) will provide, at a minimum, the following capabilities: (i) A neutrino beam with wideband capability of 1.2 megawatts of beam power and upgradable to 2.4 megawatts of beam power. (ii) 3 caverns excavated for a 70 kiloton fiducial detector mass and supporting surface buildings and utilities. (iii) Cryogenic systems to support neutrino detectors. (C) Start of operations The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in subparagraph (A) occurs before December 31, 2031. (D) Funding Out of funds authorized to be appropriated under subsection (k), there are authorized to be appropriated to the Secretary to carry out construction of the project described in subparagraph (A)— (i) $200,000,000 for fiscal year 2022; (ii) $325,000,000 for fiscal year 2023; (iii) $400,000,000 for fiscal year 2024; (iv) $375,000,000 for fiscal year 2025; and (v) $250,000,000 for fiscal year 2026. (3) Proton improvement plan ii accelerator upgrade project (A) In general The Secretary shall support construction of the Proton Improvement Plan II, an upgrade to the Fermilab accelerator complex identified in the 2014 Particle Physics Project Prioritization Panel (P5) report entitled Building for Discovery , to provide the world’s most intense beam of neutrinos to the international Long Baseline Neutrino Facility and to carry out a broad range of future high energy physics experiments. The Secretary shall work with international partners to enable further significant contributions to the capabilities of that project. (B) Facility capabilities The Secretary shall ensure that the facility described in subparagraph (A) will provide, at a minimum, the following capabilities: (i) A state-of-the-art 800 megaelectron volt superconducting linear accelerator. (ii) Proton beam power of 1.2 megawatts at the start of LBNF/DUNE, upgradeable to 2.4 megawatts of beam power. (iii) A flexible design to enable high power beam delivery to multiple users simultaneously and customized beams tailored to specific scientific needs. (iv) Sustained high reliability operation of the Fermilab accelerator complex. (C) Start of operations The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in subparagraph (A) occurs before December 31, 2028. (D) Funding Out of funds authorized to be appropriated under subsection (k), there are authorized to be appropriated to the Secretary to carry out construction of the facility described in subparagraph (A)— (i) $191,000,000 for fiscal year 2022; (ii) $150,000,000 for fiscal year 2023; (iii) $120,000,000 for fiscal year 2024; (iv) $120,000,000 for fiscal year 2025; and (v) $100,000,000 for fiscal year 2026. (4) Cosmic microwave background stage 4 (A) In general The Secretary, in partnership with the Director of the National Science Foundation, shall support construction of the Cosmic Microwave Background Stage 4 project to survey the cosmic microwave background to test theories of cosmic inflation as described in the 2014 Particle Physics Prioritization Panel (P5) report entitled Building for Discovery: Strategic Plan for U.S. Particle Physics in the Global Context. . (B) Consultation The Secretary shall consult with the private sector, institutions of higher education, National Laboratories, and relevant Federal agencies to ensure that the project described in subparagraph (A) is capable of meeting Federal research needs in accessing the ultra-high energy physics of inflation and important neutrino properties. (C) Experimental capabilities The Secretary shall ensure to the maximum extent practicable that the facility described in subparagraph (A) will provide, at a minimum, 500,000 superconducting detectors deployed on an array of millimeter-wave telescopes with the required range in frequency, sensitivity, and survey speed that will provide sufficient capability to enable an order of magnitude advance in observations of the Cosmic Microwave Background, delivering transformative discoveries in fundamental physics, cosmology, and astrophysics. (D) Start of operations The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in subparagraph (A) occurs before December 31, 2030. (E) Funding Out of funds authorized to be appropriated under subsection (k), there are authorized to be appropriated to the Secretary to carry out construction of the facility described in subparagraph (A)— (i) $37,000,000 for fiscal year 2022; (ii) $50,000,000 for fiscal year 2023; (iii) $90,000,000 for fiscal year 2024; (iv) $80,000,000 for fiscal year 2025; and (v) $70,000,000 for fiscal year 2026. (h) Accelerator and detector upgrades The Director shall upgrade accelerator facilities and detectors, as necessary and appropriate, to increase beam power, sustain high reliability, and improve precision measurement to advance the highest priority particle physics research programs. In carrying out facility upgrades, the Director shall continue to work with international partners, when appropriate and in the United States interest, to leverage investments and expertise in critical technologies to help build and upgrade accelerator and detector facilities in the United States. (i) Accelerator and detector research and development As part of the program described in subsection (b), the Director shall carry out research and development in particle beam physics, accelerator science and technology, and particle and radiation detection with relevance to the specific needs of the High Energy Physics program, in coordination with the Accelerator Research and Development program authorized under section 310. (j) Underground science The Director shall— (1) support an underground science program consistent with the missions of the Department and the scientific needs of the High Energy Physics program, including those articulated in the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel, that leverages the capabilities of relevant underground science and engineering facilities; (2) carry out a competitive grant program to award scientists and engineers at institutions of higher education, nonprofit institutions, and National Laboratories to conduct research in underground science and engineering; and (3) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the inventory of underground mines in the United States that may be suitable for future development of underground science and engineering facilities. (k) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section— (1) $1,355,690,000 for fiscal year 2022; (2) $1,517,628,300 for fiscal year 2023; (3) $1,652,112,281 for fiscal year 2024; (4) $1,711,460,141 for fiscal year 2025; and (5) $1,656,012,351 for fiscal year 2026. . 8. Nuclear physics program Section 308 of the Department of Energy Research and Innovation Act ( Public Law 115–246 ; 132 Stat. 3150) is amended to read as follows: 308. Nuclear physics (a) Program As part of the activities authorized under section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ), the Director shall carry out a research program, and support relevant facilities, to discover and understand various forms of nuclear matter. (b) User facilities (1) Facility for rare isotope beams (A) In general The Secretary shall support construction of a Facility for Rare Isotope Beams to advance the understanding of rare nuclear isotopes and the evolution of the cosmos. (B) Funding Out of funds authorized to be appropriated under subsection (c), there is authorized to be appropriated to the Secretary to carry out construction of the facility under this paragraph $2,000,000 for fiscal year 2022. (C) Start of operations The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this paragraph occurs before March 1, 2022. (2) Electron-ion collider (A) In general The Secretary shall support construction of an Electron Ion Collider as described in the 2015 Long Range Plan of the Nuclear Science Advisory Committee and the report from the National Academies of Science, Engineering, and Medicine entitled An Assessment of U.S.-Based Electron-Ion Collider Science , in order to measure the internal structure of the proton and the nucleus and answer fundamental questions about the nature of visible matter. (B) Facility capability The Secretary shall ensure that the facility described in subparagraph (A) meets the requirements in the 2015 Long Range Plan described in that subparagraph, including— (i) at least 70 percent polarized beams of electrons and light ions; (ii) ion beams from deuterium to the heaviest stable nuclei; (iii) variable center of mass energy from 20 to 140 GeV; (iv) high collision luminosity of 10 33–34 cm −2 s −1 ; and (v) the possibility of more than 1 interaction region. (C) Start of operations The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this paragraph occurs before December 31, 2030. (D) Funding Out of funds authorized to be appropriated under subsection (c), there are authorized to be appropriated to the Secretary to carry out construction of the facility under this paragraph— (i) $101,000,000 for fiscal year 2022; (ii) $155,000,000 for fiscal year 2023; (iii) $250,000,000 for fiscal year 2024; (iv) $300,000,000 for fiscal year 2025; and (v) $305,000,000 for fiscal year 2026. (c) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section— (1) $780,000,000 for fiscal year 2022; (2) $879,390,000 for fiscal year 2023; (3) $1,025,097,300 for fiscal year 2024; (4) $1,129,354,111 for fiscal year 2025; and (5) $1,192,408,899 for fiscal year 2026. . 9. Science laboratories infrastructure program Section 309 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18647 ) is amended by adding at the end the following: (c) Approach In carrying out the program under subsection (a), the Director shall use all available approaches and mechanisms, as the Secretary determines to be appropriate, including— (1) capital line items; (2) minor construction projects; (3) energy savings performance contracts; (4) utility energy service contracts; (5) alternative financing; and (6) expense funding. (d) Restoration and modernization projects (1) In general The Secretary shall fund projects described in paragraph (2) as needed to address the deferred maintenance, critical infrastructure needs, and modernization of Office of Science National Laboratories. (2) Projects described The projects referred to in paragraph (1) are, as determined by the Secretary— (A) priority deferred maintenance projects at Office of Science National Laboratories, including facilities sustainment for, upgrade of, and construction of research laboratories, administrative and support buildings, utilities, roads, power plants, and any other critical infrastructure; and (B) lab modernization projects at Office of Science National Laboratories, including projects relating to core infrastructure needed— (i) to support existing and emerging science missions with new and specialized requirements for world-leading scientific user facilities and computing capabilities; and (ii) to maintain safe, efficient, reliable, and environmentally responsible operations, including pilot projects to demonstrate net zero emissions with resilient operations. (e) Submission to Congress For each fiscal year through fiscal year 2026, at the same time as the annual budget submission of the President, the Secretary shall submit to the Committee on Appropriations and the Committee on Energy and Natural Resources of the Senate and the Committee on Appropriations and the Committee on Science, Space, and Technology of the House of Representatives a list of projects for which the Secretary will provide funding under this section, including a description of each project and the funding profile for the project. (f) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there is authorized to be appropriated to the Secretary to carry out the activities described in this section $600,000,000 for each of fiscal years 2022 through 2026. . 10. Accelerator research and development The Department of Energy Research and Innovation Act ( 42 U.S.C. 18601 et seq. ) is amended by adding at the end the following: 310. Accelerator research and development (a) Program As part of the activities authorized under section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ), the Director shall carry out a research program— (1) to advance accelerator science and technology relevant to the Department, other Federal agencies, and United States industry; (2) to foster partnerships to develop, demonstrate, and enable the commercial application of accelerator technologies; (3) to support the development of a skilled, diverse, and inclusive accelerator workforce; and (4) to provide access to accelerator design and engineering resources. (b) Accelerator research In carrying out the program authorized under subsection (a), the Director shall support— (1) research activities in cross-cutting accelerator technologies including superconducting magnets and accelerators, beam physics, data analytics-based accelerator controls, simulation software, new particle sources, advanced laser technology, and transformative research; and (2) optimal operation of the Accelerator Test Facility. (c) Accelerator development In carrying out the program authorized under subsection (a), the Director shall support partnerships to foster the development, demonstration, and commercial application of accelerator technologies, including advanced superconducting wire and cable, superconducting RF cavities, and high efficiency radiofrequency power sources for accelerators. (d) Research collaborations In developing accelerator technologies under the program authorized under subsection (a), the Director shall— (1) consider the requirements necessary to support translational research and development for medical, industrial, security, and defense applications; and (2) leverage investments in accelerator technologies and fundamental research in particle physics by partnering with institutions of higher education, industry, and other Federal agencies to enable the commercial application of advanced accelerator technologies. (e) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section— (1) $24,000,000 for fiscal year 2022; (2) $25,680,000 for fiscal year 2023; (3) $27,477,600 for fiscal year 2024; (4) $29,401,032 for fiscal year 2025; and (5) $31,459,104 for fiscal year 2026. . 11. Isotope research, development, and production (a) In general The Department of Energy Research and Innovation Act ( 42 U.S.C. 18601 et seq. ) is amended by adding after section 310 (as added by section 10) the following: 311. Isotope research, development, and production (a) Definition of critical radioactive and stable isotope (1) In general In this section, the term critical radioactive and stable isotope means a radioactive and stable isotope— (A) the domestic commercial production of which is unavailable or inadequate to satisfy the demand of research, medical, industrial, or related industries in the United States; and (B) the supply of which is augmented through— (i) Department production; or (ii) foreign suppliers. (2) Exclusion In this section, the term critical radioactive and stable isotope does not include the medical isotope molybdenum-99, the production and supply of which is addressed in the American Medical Isotopes Production Act of 2012 ( Public Law 112–239 ; 126 Stat. 2211) (including the amendments made by that Act). (b) Program The Director shall— (1) carry out, in coordination with other relevant programs across the Department, a program— (A) for the production of critical radioactive and stable isotopes, including the development of techniques to produce isotopes, that the Secretary determines are needed and of sufficient quality for research, medical, industrial, or related purposes; (B) for the production of critical radioactive and stable isotopes that are in short supply, including byproducts, surplus materials, and related isotope services; (C) to maintain and enhance the infrastructure required to produce and supply critical radioactive and stable isotope products and related services; (D) to conduct research and development on new and improved isotope production and processing techniques that can make critical radioactive and stable isotopes available for research and application while assisting in workforce development; (E) to reduce domestic dependency on the foreign supply of critical radioactive and stable isotopes to ensure national preparedness; and (F) (i) to the maximum extent practicable, in accordance with— (I) evidence-based reports, including the 2015 report of the Nuclear Science Advisory Committee entitled Meeting Isotope Needs and Capturing Opportunities for the Future ; and (II) assessments of isotope supply chains, including current and future assessments; or (ii) as the Director otherwise determines necessary to ensure the availability of sufficient quantities of critical radioactive and stable isotopes to address existing and future needs; (2) ensure that isotope production activities carried out under this subsection are consistent with the statement of policy entitled Policies and Procedures for Transfer of Commercial Radioisotope Production and Distribution to Private Industry (30 Fed. Reg. 3247 (March 9, 1965)); (3) assess the domestic requirements of current and emerging critical radioactive and stable isotopes and associated applications to identify areas that may require Federal investment for the development of domestic production capacity for those isotopes, including through public-private partnerships, as appropriate; (4) ensure that isotope production activities are consistent with the needs of associated end-users, are of the quality needed by the end-users, and appropriately address the growing need for novel isotopes; (5) ensure that actions taken by the Department do not interfere with, delay, or otherwise adversely affect efforts by the private sector to make available or otherwise facilitate the supply of critical radioactive and stable isotopes, including efforts under existing agreements between the Department or contractors of the Department and the private sector; and (6) in coordination with the Assistant Secretary for Nuclear Energy, assess options for demonstrating the production of critical radioactive and stable isotopes in commercial nuclear reactors. (c) Advisory committee (1) In general Not later than 90 days after the date of enactment of this section, the Secretary shall establish an advisory committee (referred to in this subsection as the committee ) in alignment with the Isotope Program of the Department— (A) to carry out the activities previously executed as part of the Isotope Subcommittee of the Nuclear Science Advisory Committee; and (B) to provide expert advice and assistance to the Director in carrying out subsection (a). (2) Report (A) In general Not later than 1 year after the committee is established, the committee shall— (i) update the 2015 Nuclear Science Advisory Committee Isotope Committee Report entitled Meeting Isotope Needs and Capturing Opportunities for the Future ; and (ii) periodically update that report thereafter as needed. (B) Inclusions An updated report under subparagraph (A) shall include an assessment of— (i) current demand in the United States for critical radioactive and stable isotopes; (ii) the impact of continued reliance on foreign supply of critical radioactive and stable isotopes; (iii) proposed mitigation strategies, including increasing domestic production sources for critical radioactive and stable isotopes, that— (I) are not commercially available; or (II) are commercially produced in quantities that are not sufficient— (aa) to satisfy domestic demand; and (bb) to minimize production constraints and supply disruptions to the United States healthcare and industrial isotope industries; (iv) current facilities, including upgrades to those facilities, and new facilities needed to meet domestic critical isotope needs; and (v) workforce development needs. (3) Nonduplication The committee shall work in alignment with, and shall not duplicate the efforts of, preexisting advisory committees that are advising the Isotope Program of the Department. (4) FACA The committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (d) Report (1) In general Not later than the end of the first fiscal year beginning after the date of enactment of this section, and biennially thereafter, the Secretary shall submit to the Committees on Energy and Natural Resources and Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the progress made under the program established under subsection (a) during the preceding 2 fiscal years. (2) Inclusions Each report under paragraph (1) shall include— (A) an updated assessment of any critical radioactive and stable isotope shortages in the United States; (B) a description of— (i) any disruptions in the international supply of critical radioactive and stable isotopes during the preceding 2 fiscal years; and (ii) the impact of those disruptions on related activities; and (C) (i) a projection of anticipated disruptions in the international supply, or supply constraints, of critical radioactive and stable isotopes during the next 2 fiscal years; and (ii) the anticipated impact of those disruptions or constraints, as applicable, on related domestic activities. (e) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out this section— (1) $90,000,000 for fiscal year 2022; (2) $96,300,000 for fiscal year 2023; (3) $103,041,000 for fiscal year 2024; (4) $110,253,870 for fiscal year 2025; and (5) $117,971,641 for fiscal year 2026. . (b) Demonstration of isotope production Section 952(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 16272(a) ) is amended— (1) by redesignating paragraph (2) as paragraph (4) and moving the paragraph so as to appear after paragraph (3); and (2) by inserting after paragraph (1) the following: (2) Isotope demonstration subprogram (A) In general The Secretary, acting through the Assistant Secretary for Nuclear Energy, shall establish a subprogram of the program established under paragraph (1), to be known as the isotope demonstration subprogram , to support the development and commercial demonstration of critical radioactive and stable isotope production in existing commercial nuclear power plants. (B) Consultation In considering options for demonstrating the production of critical radioactive and stable isotopes in commercial nuclear reactors under the subprogram established under subparagraph (A), the Secretary, acting through the Assistant Secretary for Nuclear Energy, shall consult with the Director of the Office of Science. (C) Authorization of appropriations In addition to any amounts made available to the Secretary under paragraph (4), there are authorized to be appropriated to the Secretary for each fiscal year described in that paragraph such sums as are necessary to carry out not more than 3 demonstration projects under the subprogram established under subparagraph (A). . (c) Radioisotope processing facility (1) In general The Secretary of Energy (referred to in this subsection as the Secretary ) shall construct a radioisotope processing facility to provide for the growing radiochemical processing capability needs associated with the production of critical radioactive isotopes authorized under section 311 of the Department of Energy Research and Innovation Act. (2) Funding Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there is authorized to be appropriated to the Secretary to carry out this subsection $375,000,000 for the period of fiscal years 2022 through 2026. (d) Stable isotope production and research center (1) In general The Secretary of Energy (referred to in this subsection as the Secretary ) shall establish a stable isotope production and research center— (A) to expand the ability of the United States to perform multiple stable isotope production campaigns at large-scale production, as authorized under section 311 of the Department of Energy Research and Innovation Act; (B) to mitigate the dependence of the United States on foreign-produced stable isotopes; and (C) to promote economic resilience. (2) Funding Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there is authorized to be appropriated to the Secretary to carry out this subsection $250,000,000 for the period of fiscal years 2022 through 2026. 12. Increased collaboration with teachers and scientists (a) In general The Department of Energy Research and Innovation Act ( 42 U.S.C. 18601 et seq. ) is amended by adding after section 311 (as added by section 11), the following: 312. Increased collaboration with teachers and scientists The Director shall support the development of a scientific workforce through programs that facilitate collaboration between and among teachers at elementary schools and secondary schools, students at institutions of higher education, early-career researchers, faculty at institutions of higher education, and the National Laboratories, including through the use of proven techniques to expand the number of individuals from underrepresented groups pursuing and attaining skills or undergraduate and graduate degrees relevant to the mission of the Office of Science. . (b) Authorization of appropriations Section 3169 of the Department of Energy Science Education Enhancement Act ( 42 U.S.C. 7381e ) is amended by striking fiscal year 1991 and inserting each of fiscal years 2022 through 2026 . (c) Broadening participation in workforce development for teachers and scientists (1) In general The Department of Energy Science Education Enhancement Act is amended by inserting after section 3167 ( 42 U.S.C. 7381c–1 ) the following: 3167A. Broadening participation for teachers and scientists (a) In general The Secretary shall— (1) expand opportunities to increase the number of highly skilled science, technology, engineering, and mathematics (STEM) professionals working in disciplines relevant to the mission of the Department; and (2) broaden the recruitment pool to increase participation from Historically Black Colleges or Universities (as defined in section 3167B(f)), Hispanic-serving institutions (as defined in that section), Tribal Colleges or Universities (as defined in that section), minority-serving institutions (as defined in that section), institutions in eligible jurisdictions (as defined in that section), emerging research institutions, community colleges, and scientific societies in those disciplines. (b) Plan Not later than 1 year after the date of enactment of the Department of Energy Science for the Future Act of 2022 , the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committees on Energy and Natural Resources and Commerce, Science, and Transportation of the Senate and make available to the public a plan for broadening participation of underrepresented groups in science, technology, engineering, and mathematics in programs supported by the Department, including— (1) a plan for supporting relevant Federal research award grantees and leveraging partnerships, including partnerships maintained by other Federal research agencies; (2) metrics for assessing the participation of underrepresented groups in programs supported by the Department; (3) experienced and potential barriers to broadening participation of underrepresented groups in programs supported by the Department, including recommended solutions; and (4) any other activities the Secretary determines appropriate. (c) Authorization of appropriations Of the amounts authorized to be appropriated under section 3169, not less than $2,000,000 is authorized to be appropriated each fiscal year for the activities described in this section. 3167B. Expanding opportunities for highly skilled science, technology, engineering, and mathematics (STEM) professionals (a) In general The Secretary shall— (1) expand opportunities for highly skilled science, technology, engineering, and mathematics (STEM) professionals working in disciplines relevant to the mission of the Department; and (2) broaden the recruitment pool to increase participation from Historically Black Colleges or Universities, Hispanic serving institutions, Tribal Colleges or Universities, minority-serving institutions, institutions in eligible jurisdictions, emerging research institutions, community colleges, and scientific societies in those disciplines. (b) Plan and Outreach strategy (1) Plan (A) In general Not later than 180 days after the date of enactment of the Department of Energy Science for the Future Act of 2022 , the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a 10-year educational plan to fund and expand new or existing programs administered by the Office of Science and sited at the National Laboratories and Department user facilities to expand educational and workforce opportunities for underrepresented individuals, including— (i) high school, undergraduate, and graduate students; and (ii) recent graduates, teachers, and faculty in STEM fields. (B) Contents The plan under subparagraph (A) may include paid internships, fellowships, temporary employment, training programs, visiting student and faculty programs, sabbaticals, and research support. (2) Outreach capacity The Secretary shall include in the plan under paragraph (1) an outreach strategy to improve the advertising, recruitment, and promotion of educational and workforce programs to community colleges, Historically Black Colleges or Universities, Hispanic-serving institutions, Tribal Colleges or Universities, minority-serving institutions, institutions in eligible jurisdictions, and emerging research institutions. (c) Building research capacity (1) In general The Secretary shall develop programs that strengthen the research capacity relevant to Office of Science disciplines at emerging research institutions, including minority-serving institutions, Tribal Colleges or Universities, Historically Black Colleges or Universities, institutions in eligible jurisdictions (as defined in section 2203(b)(3)(A) of the Energy Policy Act of 1992 ( 42 U.S.C. 13503(b)(3)(A) )), institutions in communities with dislocated workers who were previously employed in manufacturing, coal power plants, and coal mining, and other institutions of higher education. (2) Inclusions The programs developed under paragraph (1) may include— (A) enabling mutually beneficial and jointly managed partnerships between research-intensive institutions and emerging research institutions; and (B) soliciting research proposals, fellowships, training programs, and research support directly from emerging research institutions. (d) Traineeships (1) In general The Secretary shall establish a university-led Traineeship Program to address workforce training needs in STEM fields relevant to the Department. (2) Focus The focus of the Traineeship Program established under paragraph (1) shall be on— (A) supporting training and research experiences for underrepresented undergraduate and graduate students; and (B) increasing participation from underrepresented populations. (3) Inclusion The traineeships under the Traineeship Program established under paragraph (1) shall include opportunities to build the next-generation workforce in research areas critical to maintaining core competencies across the programs of the Office of Science. (e) Evaluation (1) In general The Secretary shall establish key performance indicators to measure and monitor progress of education and workforce programs and expand Departmental activities for data collection and analysis. (2) Report Not later than 2 years after the date of enactment of the Department of Energy Science for the Future Act of 2022 , and every 2 years thereafter, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report summarizing progress toward meeting the key performance indicators established under paragraph (1). (f) Definitions In this section: (1) Hispanic-serving institution The term Hispanic-serving institution has the meaning given the term in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) ). (2) Historically Black College or University The term Historically Black College or University has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (3) Institution in an eligible jurisdiction The term institution in an eligible jurisdiction means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) that is located in an eligible jurisdiction (as defined in section 2203(b)(3)(A) of the Energy Policy Act of 1992 ( 42 U.S.C. 13503(b)(3)(A) )). (4) Minority-serving institution The term minority-serving institution includes the entities described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (5) STEM The term STEM means the subjects listed in section 2 of the STEM Education Act of 2015 ( 42 U.S.C. 6621 note; Public Law 114–59 ). (6) Tribal College or University The term Tribal College or University has the meaning given the term in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ). . (2) Clerical amendment The table of contents in section 2(b) of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 ; 104 Stat. 1497) is amended by striking the items relating to sections 3167 and 3168 and inserting the following: Sec. 3167. Partnerships with historically Black colleges and universities, Hispanic-serving institutions, and tribal colleges. Sec. 3167A. Broadening participation for teachers and scientists. Sec. 3167B. Expanding opportunities for highly skilled science, technology, engineering, and mathematics (STEM) professionals. Sec. 3168. Definitions. Sec. 3169. Authorization of appropriations. . 13. High intensity laser research initiative; helium conservation program; Office of Science emerging biological threat preparedness research initiative; midscale instrumentation and research equipment program; authorization of appropriations (a) In general The Department of Energy Research and Innovation Act ( 42 U.S.C. 18601 et seq. ) (as amended by section 12(a)) is amended by adding at the end the following: 313. High intensity laser research initiative (a) In general The Director shall establish a high intensity laser research initiative consistent with the recommendations of the National Academies report entitled Opportunities in Intense Ultrafast Lasers: Reaching for the Brightest Light and the report from the Brightest Light Initiative workshop entitled The Future of Intense Ultrafast Lasers in the U.S. . The initiative should include research and development of petawatt-scale and of high average power laser technologies necessary for future facility needs in discovery science and to advance energy technologies, as well as support for a user network of academic and National Laboratory high intensity laser facilities. (b) Leverage The Director shall leverage new laser technologies for more compact, less complex, and low-cost accelerator systems needed for science applications. (c) Coordination (1) Director The Director shall coordinate the initiative established under subsection (a) among all relevant programs within the Office of Science. (2) Under Secretary The Under Secretary for Science shall coordinate the initiative established under subsection (a) with other relevant programs within the Department and other Federal agencies. (d) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section— (1) $50,000,000 for fiscal year 2022; (2) $100,000,000 for fiscal year 2023; (3) $150,000,000 for fiscal year 2024; (4) $200,000,000 for fiscal year 2025; and (5) $250,000,000 for fiscal year 2026. 314. Helium conservation program (a) In general The Secretary shall establish a program to reduce the consumption of helium for Department grant recipients and facilities and encourage helium recycling and reuse. The program shall competitively award grants for— (1) the purchase of equipment to capture, reuse, and recycle helium; (2) the installation, maintenance, and repair of new and existing helium capture, reuse, and recycling equipment; and (3) helium alternatives research and development activities. (b) Report Not later than 2 years after the date of enactment of the Department of Energy Science for the Future Act of 2022 , and every 3 years thereafter, the Director shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the purchase of helium as part of research projects and facilities supported by the Department. The report shall include— (1) the quantity of helium purchased for projects and facilities supported by Department grants; (2) a cost-analysis for such helium; (3) expected or experienced impacts of helium supply shortages or prices on the research projects and facilities supported by the Department; and (4) recommendations for reducing Department grant recipients’ exposure to volatile helium prices. (c) Coordination In carrying out the program under this section, the Director shall coordinate with the National Science Foundation and other relevant Federal agencies on helium conservation activities. (d) Duration The program established under this section shall receive support for a period of not more than 5 years, subject to the availability of appropriations. (e) Renewal Upon expiration of any period of support of the program under this section, the Director may renew support for the program for a period of not more than 5 years. 315. Office of Science Emerging Biological Threat Preparedness Research Initiative (a) In general The Secretary shall establish within the Office of Science a cross-cutting research initiative, to be known as the Emerging Biological Threat Preparedness Research Initiative , to leverage the innovative analytical resources and tools, user facilities, and advanced computational and networking capabilities of the Department in order to aid efforts to prevent, prepare for, predict, and respond to emerging natural and anthropogenic biological threats to national security. (b) Competitive, merit-Reviewed process The Secretary shall carry out the initiative established under subsection (a) through a competitive, merit-reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, industry partners and other appropriate entities. (c) Activities In carrying out the initiative established under subsection (a), the Secretary shall— (1) determine a comprehensive set of technical milestones for the research activities described in that subsection; and (2) prioritize the objectives of— (A) supporting fundamental research and development in advanced analytics, experimental studies, materials synthesis, and high-performance computing technologies needed to characterize, model, simulate, and predict complex natural phenomena and biological materials related to emerging biological threats; (B) (i) supporting epidemiological modeling, including data management, curation, analysis, and modeling; and (ii) applying artificial intelligence, machine learning, and other computing tools to the processes described in clause (i); (C) understanding and modeling the transport of pathogens in indoor and outdoor air and water environments; (D) researching and developing advances in cost-effective and rapid pathogen detection, monitoring, testing, and diagnostic technologies and protocols, including for physiological and environmental samples; (E) supporting the research and development of materials and manufacturing of critical supplies needed for the prevention of and response to biological threats; (F) advancing molecular design for medical therapeutics; (G) ensuring that new experimental and computational tools are accessible to relevant research communities, including private sector entities and other Federal research institutions; and (H) supporting activities and projects that combine computational modeling and simulation with experimental research facilities and studies. (d) Coordination In carrying out the initiative established under subsection (a), the Secretary shall coordinate activities with— (1) other relevant offices of the Department; (2) the National Nuclear Security Administration; (3) the National Laboratories; (4) the Director of the National Science Foundation; (5) the Director of the Centers for Disease Control and Prevention; (6) the Director of the National Institutes of Health; (7) the heads of other relevant Federal agencies; (8) institutions of higher education; and (9) the private sector. (e) Emerging infectious diseases high performance computing research consortium (1) In general The Secretary, in coordination with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy, shall establish and operate an Emerging Infectious Diseases High Performance Computing Research Consortium (referred to in this section as the Consortium ), to support the initiative established under subsection (a) by providing, to the extent practicable, a centralized entity for multidisciplinary, collaborative, emerging infectious disease and biosecurity research and development through high performance computing and advanced data analytics technologies and processes, in conjunction with the experimental research facilities and studies supported by the Department. (2) Membership The members of the Consortium may include representatives from relevant Federal agencies, the National Laboratories, the private sector, and institutions of higher education, which can each contribute relevant compute time, capabilities, or other resources. (3) Activities The Consortium shall— (A) match applicants with available Federal and private sector computing resources; (B) consider supplemental awards for computing partnerships with Consortium members to qualifying entities on a competitive merit-review basis; (C) encourage collaboration and communication among member representatives of the Consortium and awardees; (D) provide access to the high-performance computing capabilities, expertise, and user facilities of the Department and the National Laboratories; and (E) submit an annual report to the Secretary summarizing the activities of the Consortium, including— (i) describing each project undertaken by the Consortium; (ii) detailing organizational expenditures; and (iii) evaluating contributions to the achievement of technical milestones as determined in subsection (a). (4) Coordination The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of the Consortium with the activities of other research entities of the Department, other Federal research institutions, institutions of higher education, and the private sector. (f) Report Not later than 2 years after the date of enactment of the Department of Energy Science for the Future Act of 2022 , the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the effectiveness of— (1) the interagency coordination among each Federal agency involved in the initiative established under subsection (a); (2) the collaborative research achievements of that initiative, including the achievement of the technical milestones determined under that subsection; and (3) potential opportunities to expand the technical capabilities of the Department. (g) Funding Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities under this section— (1) $50,000,000 for each of fiscal years 2022 and 2023; and (2) such sums as are necessary for each of fiscal years 2024 through 2026. (h) Prohibition (1) In general In carrying out this section, the Secretary may not carry out gain-of-function research. (2) Gain-of-function research defined In this subsection, gain-of-function research means research activities with the potential to generate pathogens with high transmissibility and high virulence in humans. (3) Oversight and guidance The Director of the Office of Science and Technology Policy shall provide guidance to the Department, the National Laboratories, and users regarding the establishment and promulgation of policies to implement the prohibition under paragraph (1). 316. Midscale instrumentation and research equipment program (a) In general The Director shall establish a midscale instrumentation and research equipment program to develop, acquire, and commercialize research instrumentation and equipment needed to meet the missions of the Department and to provide platform technologies for the broader scientific community. (b) Activities Under the program established under subsection (a), the Director shall— (1) enable the development and acquisition of novel, state-of-the-art instruments that— (A) range in cost from $1,000,000 to $20,000,000 each; and (B) would significantly accelerate scientific breakthroughs at user facilities; and (2) strongly encourage partnerships among— (A) National Laboratories; (B) user facilities; and (C) (i) institutions in a State receiving funding under the Established Program to Stimulate Competitive Research established under section 2203(b)(3) of the Energy Policy Act of 1992 ( 42 U.S.C. 13503(b)(3) ); (ii) historically Black colleges or universities; (iii) minority-serving institutions of higher education; or (iv) institutions of higher education in a rural area. (3) Coordination with other programs The Director shall coordinate the program established under paragraph (1) with all other programs carried out by the Office of Science of the Department. (c) Research equipment and technology development coordination The Director shall encourage coordination among the Office of Science, the National Laboratories, the Office of Technology Transitions, and relevant academic and private sector entities to promote the dissemination or commercialization of research equipment and related technologies developed to aid basic science research discoveries. (d) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there is authorized to be appropriated to carry out this section $150,000,000 for each of fiscals years 2022 through 2026. 317. Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out the activities described in this title— (1) $8,451,905,000 for fiscal year 2022; (2) $9,035,354,600 for fiscal year 2023; (3) $9,705,470,672 for fiscal year 2024; (4) $10,259,703,569 for fiscal year 2025; and (5) $12,049,702,411 for fiscal year 2026. . (b) Table of contents Section 1(b) of the Department of Energy Research and Innovation Act is amended in the table of contents by inserting after the item relating to section 309 the following: Sec. 310. Accelerator research and development. Sec. 311. Isotope research, development, and production. Sec. 312. Increased collaboration with teachers and scientists. Sec. 313. High intensity laser research initiative. Sec. 314. Helium conservation program. Sec. 315. Office of Science Emerging Biological Threat Preparedness Research Initiative. Sec. 316. Midscale instrumentation and research equipment program. Sec. 317. Authorization of appropriations. . 14. Established program to stimulate competitive research (a) Research areas Section 2203(b)(3)(E) of the Energy Policy Act of 1992 ( 42 U.S.C. 13503(b)(3)(E) ) is amended— (1) in the subparagraph heading, by striking in areas of applied energy research, environmental management, and basic science ; (2) in clause (i)— (A) in subclause (I), by inserting nuclear energy, before and ; and (B) by striking subclause (V) and inserting the following: (V) basic science research, including— (aa) advanced scientific computing research; (bb) basic energy sciences; (cc) biological and environmental research; (dd) fusion energy sciences; (ee) high energy physics; (ff) nuclear physics; (gg) isotope research, development, and production; (hh) accelerator research, development, and production; and (ii) other areas of research funded by the Office of Science, as determined by the Secretary. ; and (3) in clause (ii)— (A) in subclause (II), by striking graduate and inserting undergraduate scholarships, graduate fellowships, and ; (B) in subclause (III), by striking ; and and inserting and staff; ; (C) in subclause (IV)— (i) by striking biennial and inserting annual ; and (ii) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (V) to develop research clusters for particular areas of expertise; and (VI) to diversify the future workforce. . (b) Research capability enhancement Section 2203(b)(3) of the Energy Policy Act of 1992 ( 42 U.S.C. 13503(b)(3) ) is amended by striking subparagraph (F) and inserting the following: (F) Research capability enhancement (i) Scholarships and fellowships (I) In general Pursuant to subparagraph (E)(ii), the Secretary shall award grants to institutions of higher education in eligible jurisdictions for those institutions of higher education to provide scholarships and fellowships. (II) Grant A scholarship or fellowship awarded by an institution of higher education in an eligible jurisdiction using a grant provided under subclause (I)— (aa) in the case of an undergraduate scholarship— (AA) shall be for a period of 1 year; and (BB) may be competitively renewable on an annual basis; and (bb) in the case of a graduate level fellowship, shall be for a period of not more than 5 years. (ii) Early career capacity development (I) In general Pursuant to subparagraph (E)(ii), the Secretary shall award grants to early career faculty and staff at institutions of higher education in eligible jurisdictions— (aa) to support investigator-initiated research, including associated research equipment and instrumentation; (bb) to support activities associated with identifying and responding to funding opportunities; (cc) to secure technical assistance for the pursuit of funding opportunities; and (dd) to develop and enhance collaboration among National Laboratories, Department of Energy programs, the private sector, and other relevant entities. (II) Grants A grant awarded under subclause (I) shall be— (aa) for a period of not more than 5 years; and (bb) competitively renewable for an additional 5-year period. (iii) Research capacity development (I) In general Pursuant to subparagraph (E)(ii), the Secretary shall award competitive grants to institutions of higher education in eligible jurisdictions for research capacity development and implementation, including— (aa) developing expertise in key technology areas, including associated equipment and instrumentation; (bb) developing and acquiring novel, state-of-the-art instruments and equipment that range in cost from $500,000 to $20,000,000; (cc) enhancing collaboration with National Laboratories, the Department of Energy, and the private sector through faculty or staff placement programs; and (dd) supporting formal partnership programs with institutions of higher education and National Laboratories. (II) Grants A grant awarded under subclause (I) shall be— (aa) for a period of not more than 5 years; and (bb) renewable for an additional 5-year period. (III) Equipment and instrumentation To the maximum extent practicable, the Secretary shall ensure that research equipment and instrumentation developed or acquired pursuant to a grant awarded under subclause (I) may sustain continued operation and be maintained without the need for additional or subsequent funding under this section. . (c) Program implementation update Section 2203(b)(3)(G) of the Energy Policy Act of 1992 ( 42 U.S.C. 13503(b)(3)(G) ) is amended by adding at the end the following: (iii) Update Not later than 270 days after the date of enactment of the Department of Energy Science for the Future Act of 2022 , the Secretary shall— (I) update the plan submitted under clause (i); and (II) submit the updated plan to the committees described in that clause. . (d) Program evaluation report Section 2203(b)(3)(H) of the Energy Policy Act of 1992 ( 42 U.S.C. 13503(b)(3)(H) ) is amended by adding at the end the following: (iv) Annual report At the end of each fiscal year, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report that includes— (I) the total amount of expenditures made by the Department to carry out EPSCoR in each eligible jurisdiction for each of the 3 most recent fiscal years for which such information is available; (II) (aa) the number of EPSCoR awards made to institutions of higher education located in eligible jurisdictions; and (bb) the amount and type of each award; (III) the number of awards that are not EPSCoR awards made by the Secretary to institutions of higher education located in eligible jurisdictions; (IV) (aa) the number of representatives of institutions of higher education in eligible jurisdictions serving on each Office of Science advisory committee; and (bb) for each such advisory committee, the percentage of committee membership that those individuals constitute; and (V) the number of individuals from institutions of higher education in eligible jurisdictions serving on peer review committees. . (e) Funding Section 2203(b)(3) of the Energy Policy Act of 1992 ( 42 U.S.C. 13503(b)(3) ) is amended by adding at the end the following: (I) Funding (i) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out EPSCoR, to remain available until expended— (I) $75,000,000 for fiscal year 2022; (II) $75,000,000 for fiscal year 2023; (III) $100,000,000 for fiscal year 2024; (IV) $100,000,000 for fiscal year 2025; and (V) $150,000,000 for fiscal year 2026. (ii) Grants to consortia In the case of an EPSCoR grant awarded to a consortium that contains institutions of higher education that are not located in eligible jurisdictions, the Secretary may count— (I) the full amount of funds expended to provide the grant towards meeting the funding requirement in clause (iii) if the lead entity of the consortium is an institution of higher education located in an eligible jurisdiction; and (II) only the funds provided to institutions of higher education located in eligible jurisdictions towards meeting the funding requirement in clause (iii) if the lead entity of the consortium is an institution of higher education that is not located in an eligible jurisdiction. (iii) Additional funds for eligible jurisdictions In addition to funds authorized to be appropriated under clause (i), the Secretary, to the maximum extent practicable, shall ensure that, of the research and development funds of the Office of Science that are awarded by the Secretary each year to institutions of higher education, not less than 10 percent is awarded to institutions of higher education in eligible jurisdictions pursuant to the evaluation and selection criteria in section 605.10 of title 10, Code of Federal Regulations (or successor regulations). (iv) Additional funds for equipment and instrumentation In addition to funds authorized to be appropriated under clause (i), there is authorized to be appropriated to the Secretary to award grants under subparagraph (F)(iii)(I) for the purpose described in item (bb) of that subparagraph $50,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. . (f) Advisory committees to the Office of Science In order to improve the advice and guidance provided to the Office of Science, the Undersecretary for Science shall seek to ensure, to the maximum extent practicable, the robust participation of institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) located in eligible jurisdictions (as defined in section 2203(b)(3)(A) of the Energy Policy Act of 1992 ( 42 U.S.C. 13503(b)(3)(A) )) on the Office of Science Federal Advisory Committee. (g) Technical amendments Section 2203(b) of the Energy Policy Act of 1992 ( 42 U.S.C. 13503(b) ) is amended— (1) in paragraph (1), by striking (1) The Secretary and inserting the following: (1) University research reactors The Secretary ; and (2) in paragraph (2), by striking (2) The Secretary and inserting the following: (2) Method to evaluate effectiveness of education programs The Secretary . 15. Research security (a) Definitions In this section: (1) Country of risk (A) In general The term country of risk means a foreign country determined by the Secretary, in accordance with subparagraph (B), to present a risk of theft of United States intellectual property or a threat to the national security of the United States if nationals of the country, or entities owned or controlled by the country or nationals of the country, participate in any research, development, demonstration, or deployment activity authorized under this Act or an amendment made by this Act. (B) Determination In making a determination under subparagraph (A), the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence, shall take into consideration— (i) the most recent World Wide Threat Assessment of the United States Intelligence Community, prepared by the Director of National Intelligence; and (ii) the most recent National Counterintelligence Strategy of the United States. (2) Covered support The term covered support means any grant, contract, subcontract, award, loan, program, support, or other activity authorized under this Act or an amendment made by this Act. (3) Entity of concern The term entity of concern means any entity, including a national, that is— (A) identified under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 50 U.S.C. 1701 note; Public Law 105–261 ); (B) identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note; Public Law 116–283 ); (C) 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; (D) included in the list required by section 9(b)(3) of the Uyghur Human Rights Policy Act of 2020 ( Public Law 116–145 ; 134 Stat. 656); or (E) identified by the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence and the applicable office that would provide, or is providing, covered support, as posing an unmanageable threat— (i) to the national security of the United States; or (ii) of theft or loss of United States intellectual property. (4) National The term national has the meaning given the term in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (5) Secretary The term Secretary means the Secretary of Energy. (b) Science and technology risk assessment (1) In general The Secretary shall develop and maintain tools and processes to manage and mitigate research security risks, such as a science and technology risk matrix, informed by threats identified by the Director of the Office of Intelligence and Counterintelligence, to facilitate determinations of the risk of loss of United States intellectual property or threat to the national security of the United States posed by activities carried out under any covered support. (2) Content and implementation In developing and using the tools and processes developed under paragraph (1), the Secretary shall— (A) deploy risk-based approaches to evaluating, awarding, and managing certain research, development, demonstration, and deployment activities, including designations that will indicate the relative risk of activities; (B) assess, to the extent practicable, ongoing high-risk activities; (C) designate an officer or employee of the Department of Energy to be responsible for tracking and notifying recipients of any covered support of unmanageable threats to United States national security or of theft or loss of United States intellectual property posed by an entity of concern; (D) consider requiring recipients of covered support to implement additional research security mitigations for higher-risk activities if appropriate; and (E) support the development of research security training for recipients of covered support on the risks posed by entities of concern. (3) Annual updates The tools and processes developed under paragraph (1) shall be evaluated annually and updated as needed, with threat-informed input from the Office of Intelligence and Counterintelligence, to reflect changes in the risk designation under paragraph (2)(A) of research, development, demonstration, and deployment activities conducted by the Department. (c) Entity of concern (1) Prohibition Except as provided in paragraph (2), no entity of concern, or individual that owns or controls, is owned or controlled by, or is under common ownership or control with an entity of concern, may receive, or perform work under, any covered support. (2) Waiver of prohibition (A) In general The Secretary may waive the prohibition under paragraph (1) if determined by the Secretary to be in the national interest. (B) Notification to congress Not less than 2 weeks prior to issuing a waiver under subparagraph (A), the Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives of the intent to issue the waiver, including a justification for the waiver. (3) Penalty (A) Termination of support On finding that any entity of concern or individual described in paragraph (1) has received covered support and has not received a waiver under paragraph (2), the Secretary shall terminate all covered support to that entity of concern or individual, as applicable. (B) Penalties An entity of concern or individual identified under subparagraph (A) shall be— (i) prohibited from receiving or participating in covered support for a period of not less than 1 year but not more than 10 years, as determined by the Secretary; or (ii) instead of the penalty described in clause (i), subject to any other penalties authorized under applicable law or regulations that the Secretary determines to be in the national interest. (C) Notification to Congress Prior to imposing a penalty under subparagraph (B), the Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives of the intent to impose the penalty, including a description of and justification for the penalty. (4) Coordination The Secretary shall— (A) share information about the unmanageable threats described in subsection (a)(3)(E) with other Federal agencies; and (B) develop consistent approaches to identifying entities of concern. (d) International agreements This section shall be applied in a manner consistent with the obligations of the United States under international agreements. (e) Report required Not later than 240 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that— (1) describes— (A) the tools and processes developed under subsection (b)(1) and any updates to those tools and processes; and (B) if applicable, the science and technology risk matrix developed under that subsection and how that matrix has been applied; (2) includes a mitigation plan for managing risks posed by countries of risk with respect to future or ongoing research and development activities of the Department of Energy; and (3) defines critical research areas, designated by risk, as determined by the Secretary. | https://www.govinfo.gov/content/pkg/BILLS-117s3699is/xml/BILLS-117s3699is.xml |
117-s-3700 | II 117th CONGRESS 2d Session S. 3700 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Warnock (for himself, Mr. Schumer , Mr. Durbin , Mr. Wyden , Mr. Bennet , Mr. Blumenthal , Ms. Baldwin , Mr. Kelly , Ms. Stabenow , Mr. Reed , Mr. Van Hollen , Ms. Hirono , Ms. Klobuchar , Mr. Murphy , Ms. Hassan , Mrs. Shaheen , Mr. Booker , Mr. King , Ms. Smith , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for appropriate cost-sharing for insulin products covered under Medicare part D and private health plans.
1. Short title This Act may be cited as the Affordable Insulin Now Act . 2. Appropriate cost-sharing for insulin products covered under Medicare part D and private health plans (a) Medicare part D (1) In general Section 1860D–2 of the Social Security Act ( 42 U.S.C. 1395w–102 ) is amended— (A) in subsection (b)— (i) in paragraph (1)(A), in the matter preceding clause (i), by striking The coverage and inserting Subject to paragraph (8), the coverage ; (ii) in paragraph (2)— (I) in subparagraph (A), in the matter preceding clause (i), by striking and (D) and inserting and (D) and paragraph (8) ; (II) in subparagraph (C)(i), in the matter preceding subclause (I), by striking paragraph (4) and inserting paragraphs (4) and (8) ; and (III) in subparagraph (D)(i), in the matter preceding subclause (I), by striking paragraph (4) and inserting paragraphs (4) and (8) ; (iii) in paragraph (3)(A), in the matter preceding clause (i), by striking and (4) and inserting (4), and (8) ; (iv) in paragraph (4)(A)(i), in the matter preceding subclause (I), by striking The coverage and inserting Subject to paragraph (8), the coverage ; and (v) by adding at the end the following new paragraph: (8) Treatment of cost-sharing for covered insulin products (A) In general For the portion of plan year 2022 beginning on October 1, 2022, and ending on December 31, 2022, and for plan year 2023 and subsequent plan years, the following rules shall apply with respect to cost-sharing for a month’s supply of any covered insulin product (as defined in subparagraph (B)) that is covered under the prescription drug plan or MA–PD plan: (i) No application of deductible The deductible under paragraph (1) shall not apply with respect to any such covered insulin product. (ii) Maximum cost-sharing (I) In general The coverage shall provide benefits for such any covered insulin product, regardless of whether an individual has reached the initial coverage limit under paragraph (3) or the annual out-of-pocket threshold under paragraph (4), with cost-sharing for a month’s supply that does not exceed the maximum cost-sharing amount. (II) Maximum cost-sharing amount For purposes of subclause (I), the term maximum cost-sharing amount means, with respect to a covered insulin product under a prescription drug plan or an MA–PD plan dispensed— (aa) on or after October 1, 2022, and before January 1, 2024, $35; and (bb) during plan year 2024 or subsequent plan year, the lesser of— (AA) $35; or (BB) an amount equal to 25 percent of the negotiated price of the covered insulin product under the prescription drug plan or MA–PD plan. (B) Covered insulin product For purposes of this paragraph, the term covered insulin product means a covered part D drug that is an insulin product that is approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act and continues to be marketed, including any insulin product that has been deemed to be licensed under section 351 of the Public Health Service Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and continues to be marketed. ; and (B) in subsection (c), by adding at the end the following new paragraph: (4) Treatment of cost-sharing for insulin products The coverage is provided in accordance with subsection (b)(8). . (2) Conforming amendments to cost-sharing for low-income individuals Section 1860D–14(a) of the Social Security Act ( 42 U.S.C. 1395w–114(a) ) is amended— (A) in paragraph (1)— (i) in subparagraph (D)(iii), by adding at the end the following new sentence: For the portion of plan year 2022 beginning on October 1, 2022, and ending on December 31, 2022, and for plan year 2023 and subsequent plan years, the copayment amount applicable under the preceding sentence to a month's supply of a covered insulin product (as described in section 1860D–2(b)(8)) dispensed to the individual may not exceed the applicable copayment or coinsurance amount for the product under the prescription drug plan or MA–PD plan in which the individual is enrolled. ; and (ii) in subparagraph (E), by inserting the following before the period at the end: or under section 1860D–2(b)(8) in the case of a covered insulin product (as described in such section) ; and (B) in paragraph (2)— (i) in subparagraph (D), by adding at the end the following new sentence: For the portion of plan year 2022 beginning on October 1, 2022, and ending on December 31, 2022, and for plan year 2023 and subsequent plan years, the amount of the coinsurance applicable under the preceding sentence to a month's supply of a covered insulin product (as described in section 1860D–2(b)(8)) dispensed to the individual may not exceed the applicable copayment or coinsurance amount for the product under the prescription drug plan or MA–PD plan in which the individual is enrolled. ; and (ii) in subparagraph (E), by adding at the end the following new sentence: For the portion of plan year 2022 beginning on October 1, 2022, and ending on December 31, 2022, and for plan year 2023 and subsequent plan years, the amount of the copayment or coinsurance applicable under the preceding sentence to a month's supply of a covered insulin product (as described in section 1860D–2(b)(8)) dispensed to the individual may not exceed the applicable copayment or coinsurance amount for the product under the prescription drug plan or MA–PD plan in which the individual is enrolled. . (3) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, including the amendments made by, this subsection for plan years 2022, 2023, and 2024 by program instruction or otherwise. (4) Funding In addition to amounts otherwise available, there is appropriated to the Centers for Medicare & Medicaid Services, out of any money in the Treasury not otherwise appropriated, $1,500,000 for fiscal year 2022, to remain available until expended, to carry out the provisions of, including the amendments made by, this subsection. (b) Private health plans (1) In general Part D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq. ) is amended by adding at the end the following: 2799A–11. Requirements with respect to cost-sharing for certain insulin products (a) In general For plan years beginning on or after January 1, 2023, a group health plan or health insurance issuer offering group or individual health insurance coverage shall provide coverage of selected insulin products, and with respect to such products, shall not— (1) apply any deductible; or (2) impose any cost-sharing in excess of the lesser of, per 30-day supply— (A) $35; or (B) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan or coverage, including price concessions received by or on behalf of third-party entities providing services to the plan or coverage, such as pharmacy benefit management services. (b) Definitions In this section: (1) Selected insulin products The term selected insulin products means at least one of each dosage form (such as vial, pump, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long-acting, ultra long-acting, and premixed) of insulin (as defined below), when available, as selected by the group health plan or health insurance issuer. (2) Insulin defined The term insulin means insulin that is licensed under subsection (a) or (k) of section 351 and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and continues to be marketed pursuant to such licensure. (c) Out-of-Network providers Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. (d) Rule of construction Subsection (a) shall not be construed to require coverage of, or prevent a group health plan or health insurance coverage from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. (e) Application of cost-Sharing towards deductibles and out-of-Pocket maximums Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage. . (2) No effect on other cost-sharing Section 1302(d)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(d)(2) ) is amended by adding at the end the following new subparagraph: (D) Special rule relating to insulin coverage The exemption of coverage of selected insulin products (as defined in section 2799A–11(b) of the Public Health Service Act) from the application of any deductible pursuant to section 2799A–11(a)(1) of such Act, section 726(a)(1) of the Employee Retirement Income Security Act of 1974, or section 9826(a)(1) of the Internal Revenue Code of 1986 shall not be considered when determining the actuarial value of a qualified health plan under this subsection. . (3) Coverage of certain insulin products under catastrophic plans Section 1302(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(e) ) is amended by adding at the end the following: (4) Coverage of certain insulin products (A) In general Notwithstanding paragraph (1)(B)(i), a health plan described in paragraph (1) shall provide coverage of selected insulin products, in accordance with section 2799A–11 of the Public Health Service Act, before an enrolled individual has incurred, during the plan year, cost-sharing expenses in an amount equal to the annual limitation in effect under subsection (c)(1) for the plan year. (B) Terminology For purposes of subparagraph (A)— (i) the term selected insulin products has the meaning given such term in section 2799A–11(b) of the Public Health Service Act; and (ii) the requirements of section 2799A–11 of such Act shall be applied by deeming each reference in such section to individual health insurance coverage to be a reference to a plan described in paragraph (1). . (4) ERISA (A) In general Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq. ) is amended by adding at the end the following: 726. Requirements with respect to cost-sharing for certain insulin products (a) In general For plan years beginning on or after January 1, 2023, a group health plan or health insurance issuer offering group health insurance coverage shall provide coverage of selected insulin products, and with respect to such products, shall not— (1) apply any deductible; or (2) impose any cost-sharing in excess of the lesser of, per 30-day supply— (A) $35; or (B) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan or coverage, including price concessions received by or on behalf of third-party entities providing services to the plan or coverage, such as pharmacy benefit management services. (b) Definitions In this section: (1) Selected insulin products The term selected insulin products means at least one of each dosage form (such as vial, pump, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long-acting, ultra long-acting, and premixed) of insulin (as defined below), when available, as selected by the group health plan or health insurance issuer. (2) Insulin defined The term insulin means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) of such Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 ( Public Law 111–148 ) and continues to be marketed pursuant to such licensure. (c) Out-of-Network providers Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. (d) Rule of construction Subsection (a) shall not be construed to require coverage of, or prevent a group health plan or health insurance coverage from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. (e) Application of cost-Sharing towards deductibles and out-of-Pocket maximums Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage. . (B) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 725 the following: Sec. 726. Requirements with respect to cost-sharing for certain insulin products. . (5) Internal Revenue Code (A) In general Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9826. Requirements with respect to cost-sharing for certain insulin products (a) In general For plan years beginning on or after January 1, 2023, a group health plan shall provide coverage of selected insulin products, and with respect to such products, shall not— (1) apply any deductible; or (2) impose any cost-sharing in excess of the lesser of, per 30-day supply— (A) $35; or (B) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan, including price concessions received by or on behalf of third-party entities providing services to the plan, such as pharmacy benefit management services. (b) Definitions In this section: (1) Selected insulin products The term selected insulin products means at least one of each dosage form (such as vial, pump, or inhaler dosage forms) of each different type (such as rapid-acting, short-acting, intermediate-acting, long-acting, ultra long-acting, and premixed) of insulin (as defined below), when available, as selected by the group health plan. (2) Insulin defined The term insulin means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) of such Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 ( Public Law 111–148 ) and continues to be marketed pursuant to such licensure. (c) Out-of-Network providers Nothing in this section requires a plan that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. (d) Rule of construction Subsection (a) shall not be construed to require coverage of, or prevent a group health plan from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. (e) Application of cost-Sharing towards deductibles and out-of-Pocket maximums Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan. . (B) Clerical amendment The table of sections for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item: Sec. 9826. Requirements with respect to cost-sharing for certain insulin products. . (6) Implementation The Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury may implement the provisions of, including the amendments made by, this subsection through sub-regulatory guidance, program instruction or otherwise. | https://www.govinfo.gov/content/pkg/BILLS-117s3700is/xml/BILLS-117s3700is.xml |
117-s-3701 | II 117th CONGRESS 2d Session S. 3701 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Scott of Florida (for himself, Mr. Marshall , Mrs. Blackburn , Mr. Braun , Mr. Lee , Mr. Hoeven , Mr. Cramer , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To exempt commercial truck drivers from Canada or Mexico who are seeking to temporarily enter the United States for business through a land port of entry from any COVID–19 vaccination requirement.
1. Short titles This Act may be cited as the Terminating Reckless and Unnecessary Checks Known to Erode Regular Shipping Act or the TRUCKERS Act . 2. Exemption from COVID–19 vaccination requirement Notwithstanding any other provision of law, the Secretary of Homeland Security may not impose any COVID–19 vaccination requirement on any commercial truck driver who is a national of Canada or of Mexico and is seeking to temporarily enter the United States for business through a land port of entry. | https://www.govinfo.gov/content/pkg/BILLS-117s3701is/xml/BILLS-117s3701is.xml |
117-s-3702 | II 117th CONGRESS 2d Session S. 3702 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Booker 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 African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service.
1. Short title This Act may be cited as the United States Colored Troops Congressional Gold Medal Act . 2. Findings Congress finds the following: (1) Since the colonial era, African Americans have served the United States in times of war. (2) During the Civil War, approximately 200,000 African-American men served in the Union Army and 19,000 African-American men served in the Union Navy. (3) During the Civil War, African-American women were not allowed to formally enlist as soldiers or sailors, though they served as nurses, cooks, spies, and scouts for the Union Army and the Union Navy. (4) While African-American men served in the Navy since its establishment, there was resistance to enlisting them to take up arms for the Union Army at the start of the Civil War. (5) As the Civil War dragged on, President Lincoln broke from the previous policy of his administration and determined that liberating enslaved persons was a military necessity absolutely essential for the salvation of the Union . (6) The Act entitled An Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes , approved July 17, 1862 (commonly known as the Second Confiscation Act ) (12 Stat. 589; chapter 195) and the Act of July 17, 1862 (commonly known as the Military Act of 1862 ) (12 Stat. 597; chapter 201) were the first official authorizations to employ African Americans in the Union Army. (7) It was not until January 1, 1863, the effective date of the Emancipation Proclamation issued by President Lincoln, that the Union Army was ordered to receive African-American men. (8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as USCT ). (9) Leaders such as Frederick Douglass encouraged African Americans to enlist to advance the cause of citizenship. Once let the black man get upon his person the brass letters, U.S. , let him get an eagle on his button, and a musket on his shoulder and bullets in his pocket, there is no power on [E]arth that can deny that he has earned the right to citizenship. , wrote Douglass. (10) African-American sailors constituted a significant segment of the Union Navy, making up 20 percent of the total enlisted force of the Navy. (11) Although there were rank restrictions on African Americans in the Navy before the Civil War, this policy changed after the establishment of the USCT, when the Union Navy started to compete with the Union Army for enlistment of African Americans. (12) Yet, in practice, most African Americans could not advance beyond lowest ranks of boy and landsman. (13) African-American soldiers and sailors served with distinction, honor, and bravery amid racial discrimination and adverse circumstances, including the risk of enslavement and torture if captured. (14) Eighteen members of the USCT and 8 African-American sailors were awarded the Medal of Honor, the highest honor in the United States for bravery in combat. (15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. (16) Public Law No. 102–412 (106 Stat. 2104) authorized the establishment of a memorial on Federal land in the District of Columbia to honor African Americans who served with Union forces during the Civil War. (17) This memorial, featuring a bronze statue of USCT soldiers, an African-American sailor and family, is surrounded by the Wall of Honor, which lists the names of the members of the USCT. (18) The African-American Civil War Museum is located in the District of Columbia. (19) Patriots and heroes who rose in service to a Nation that would not fully recognize them, the African Americans who served the Union during the Civil War deserve our recognition for their contributions to the grant of emancipation and citizenship for nearly 4,000,000 enslaved people and the preservation of the Union. 3. Congressional Gold Medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the African Americans who served with Union forces during the Civil War, collectively, in recognition of their bravery and outstanding service during the Civil 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 a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution (1) In general Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. (2) Sense of the Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at appropriate locations associated with the United States Colored Troops. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals The 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 cost of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-117s3702is/xml/BILLS-117s3702is.xml |
117-s-3703 | II 117th CONGRESS 2d Session S. 3703 IN THE SENATE OF THE UNITED STATES February 17, 2022 Ms. Ernst (for herself, Ms. Hassan , Mr. Braun , and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Act of August 25, 1958, commonly known as the Former Presidents Act of 1958 , with respect to the monetary allowance payable to a former President, and for other purposes.
1. Short title This Act may be cited as the Presidential Allowance Modernization Act of 2022 . 2. Amendments (a) Former Presidents The first section of the Act entitled An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes , approved August 25, 1958 (commonly known as the Former Presidents Act of 1958 ) ( 3 U.S.C. 102 note), is amended by striking the matter preceding subsection (e) and inserting the following: (a) Annuities and allowances (1) Annuity Each former President shall be entitled for the remainder of his or her life to receive from the United States an annuity at the rate of $200,000 per year, subject to subsections (b)(2) and (c), to be paid by the Secretary of the Treasury. (2) Allowance The Administrator of General Services is authorized to provide each former President a monetary allowance at the rate of $200,000 per year, subject to the availability of appropriations and subsections (b)(2), (c), and (d). (b) Duration; frequency (1) In general The annuity and allowance under subsection (a) shall each— (A) commence on the day after the date on which an individual becomes a former President; (B) terminate on the date on which the former President dies; and (C) be payable on a monthly basis. (2) Appointive or elective positions The annuity and allowance under subsection (a) shall not be payable for any period during which a former President holds an appointive or elective position in or under the Federal Government to which is attached a rate of pay other than a nominal rate. (c) Cost-of-Living increases Effective December 1 of each year, each annuity and allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) are increased, effective as of that date, as a result of a determination under section 215(i) of that Act ( 42 U.S.C. 415(i) ). (d) Limitation on monetary allowance (1) In general Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period— (A) except as provided in subparagraph (B), may not exceed the amount by which— (i) the monetary allowance that (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) (ii) the applicable reduction amount for such 12-month period; and (B) shall not be less than the amount determined under paragraph (4). (2) Definition (A) In general For purposes of paragraph (1), the term applicable reduction amount means, with respect to any former President and in connection with any 12-month period, the amount by which— (i) the sum of— (I) the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) of the former President for the most recent taxable year for which a tax return is available; and (II) any interest excluded from the gross income of the former President under section 103 of such Code for such taxable year, exceeds (if at all) (ii) $400,000, subject to subparagraph (C). (B) Joint returns In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. (C) Cost-of-living increases The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection). (3) Disclosure requirement (A) Definitions In this paragraph— (i) the terms return and return information have the meanings given those terms in section 6103(b) of the Internal Revenue Code of 1986; and (ii) the term Secretary means the Secretary of the Treasury or the Secretary of the Treasury's delegate. (B) Requirement A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. (C) Confidentiality Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)— (i) disclose the return or return information to any entity or person; or (ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2). (4) Increased costs due to security needs With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) of this subsection, the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President. . (b) Surviving spouses of former Presidents (1) Increase in amount of monetary allowance Subsection (e) of the first section of the Former Presidents Act of 1958 is amended— (A) in the first sentence, by striking $20,000 per annum, and inserting $100,000 per year (subject to paragraph (4)), ; and (B) in the second sentence— (i) in paragraph (2), by striking and at the end; (ii) in paragraph (3)— (I) by striking or the government of the District of Columbia ; and (II) by striking the period and inserting ; and ; and (iii) by inserting after paragraph (3) the following: (4) shall, after its commencement date, be increased at the same time that, and by the same percentage by which, annuities of former Presidents are increased under subsection (c). . (2) Coverage of widower of a former President Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended— (A) by striking widow each place it appears and inserting widow or widower ; and (B) by striking she and inserting she or he . (c) Subsection headings The first section of the Former Presidents Act of 1958 is amended— (1) in subsection (e), by inserting after the subsection enumerator the following: Widows and widowers .— ; (2) in subsection (f), by inserting after the subsection enumerator the following: Definition .— ; and (3) in subsection (g), by inserting after the subsection enumerator the following: Authorization of appropriations .— . 3. Rule of construction Nothing in this Act or an amendment made by this Act shall be construed to affect— (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1). 4. Applicability This Act and the amendments made by this Act shall not apply to— (1) any individual who is a former President on the date of enactment of this Act; or (2) the widow or widower of an individual described in paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s3703is/xml/BILLS-117s3703is.xml |
117-s-3704 | II 117th CONGRESS 2d Session S. 3704 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Warnock (for himself, Ms. Hassan , Ms. Stabenow , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants, contracts, or cooperative agreements to schools and school-based health centers to increase the number of behavioral health care providers in such schools and health centers, and for other purposes.
1. Short title This Act may be cited as the Advancing Student Services In Schools Today Act or the ASSIST Act . 2. Program to increase mental health and substance use disorder care providers in schools and school-based health centers Subpart I of part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended by adding at the end the following: 330O. Program to increase mental health and substance use disorder care providers in schools and school-based health centers (a) In general Not later than 3 months after the date of enactment of this section, the Secretary, in consultation with the Secretary of Education, shall award grants, contracts, or cooperative agreements to eligible entities to increase the number of mental health and substance use disorder care providers in schools and health centers served by such entities. (b) Application An eligible entity seeking an award under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of— (1) the mental health and substance use disorder needs of the student population served by the eligible entity; and (2) with respect to the student population served by the eligible entity, how the eligible entity will ensure that the mental health and substance use disorder care providers supported by the eligible entity, and the services administered by such providers, are culturally competent and linguistically appropriate. (c) Reporting (1) Eligible entity reporting Eligible entities receiving an award under this section shall submit an annual report to the Secretary accompanied by such information as the Secretary may require, including— (A) the number of mental health and substance use disorder care providers working at the schools or health centers served by the eligible entity, and the number of such providers supported through the award; (B) the types of services provided by the mental health and substance use disorder care providers and the efficacy of such services; (C) the practices used by the schools or health centers served by the eligible entity to recruit and retain mental health and substance use disorder care providers; and (D) the rates of retention of mental health and substance use disorder care providers at the school or health center. (2) Secretary Not later than 18 months after the date of enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report on the effectiveness of the awards under this section. (d) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965; (B) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965); (C) a school operated by the Bureau of Indian Affairs; or (D) a school-based health center, as defined in section 399Z–1(a)(3). (2) Mental health and substance use disorder care provider The term behavioral health care provider means an individual who is licensed to provide mental and behavioral health services, including— (A) a school counselor; (B) a school psychologist or any other psychologist; (C) a psychiatrist who specializes in child or adolescent psychiatry; (D) a school social worker; and (E) other providers, as the Secretary determines appropriate. . 3. Increasing the applicable FMAP for State expenditures attributable to certain behavioral health services Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (b), by striking and (ii) and inserting (ii), and (jj) ; and (2) by adding at the end the following new subsection: (jj) (1) Notwithstanding any preceding provision of this section, with respect to State expenditures for medical assistance consisting of services provided by a behavioral care provider and furnished at a school (as defined in section 330O(d) of the Public Health Service Act) or at a school-based health center (as defined in section 399Z–1(a)(3) of such Act) on or after the date that is 3 months after the date of the enactment of this subsection, the Federal medical assistance percentage otherwise determined under subsection (b) shall, subject to paragraph (2), be equal to 90 percent. (2) Paragraph (1) shall not apply in the case of State expenditures described in such paragraph if application of such paragraph would result in a lower Federal medical assistance percentage for such expenditures than would otherwise apply without application of such paragraph. . | https://www.govinfo.gov/content/pkg/BILLS-117s3704is/xml/BILLS-117s3704is.xml |
117-s-3705 | II 117th CONGRESS 2d Session S. 3705 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes.
1. Short title This Act may be cited as the American Offshore Worker Fairness Act . 2. Manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures (a) Authorization of limited exemptions from manning and crew requirement Section 30(c) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(c) ) is amended— (1) in paragraph (1)(C), by striking ; and and inserting a period; (2) beginning in the matter preceding paragraph (1), by striking (c) The regulations issued under subsection (a)(3) of this section and all that follows through to any vessel in paragraph (1) and inserting the following: (c) Exemptions (1) In general The regulations issued under subsection (a)(3) shall not apply to any vessel ; and (3) in paragraph (2)— (A) by striking (2) to any vessel and inserting the following: (2) Exemption for certain foreign-owned vessels, rigs, platforms, and other vehicles or structures (A) In general Subject to the requirements of this paragraph, the regulations issued under subsection (a)(3) shall not apply to any vessel ; (B) in subparagraph (A) (as so designated), by striking the exploration, development, or production of oil and gas and inserting exploring for, developing, or producing resources, including nonmineral energy resources, ; and (C) by adding at the end the following: (B) Condition An exemption under subparagraph (A) shall be subject to the condition that each individual who is manning or crewing the vessel, rig, platform, or other vehicle or structure is— (i) a citizen of the United States; (ii) an alien lawfully admitted to the United States for permanent residence; or (iii) a citizen of the nation under the laws of which the vessel, rig, platform, or other vehicle or structure is documented. (C) Requirements An exemption under subparagraph (A)— (i) shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in clause (ii) or (iii) of subparagraph (B) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and (ii) subject to subparagraph (D), shall be effective for not more than 1 year. (D) Application (i) In general The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph (A) may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal of an exemption under that subparagraph. (ii) Contents An application under clause (i) shall include a sworn statement by the applicant of all information required by the Secretary of the department in which the Coast Guard is operating for the issuance of the exemption. (E) Revocations (i) In general The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption— (I) was false or incomplete; or (II) is no longer true or complete. (ii) Manning or crewing violation The Secretary of the department in which the Coast Guard is operating shall immediately revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph (A) if the Secretary of the department in which the Coast Guard is operating determines that, during the effective period of the exemption, the vessel, rig, platform, or other vehicle or structure was manned or crewed in a manner that— (I) was not authorized by the exemption; or (II) does not otherwise comply with this paragraph. (iii) Notice The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause (i) or (ii) to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. (F) Review of compliance (i) In general The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. (ii) Requirement During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. (G) Civil penalties The Secretary of the department in which the Coast Guard is operating may impose on the owner or operator of a vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph (A) has been granted a civil penalty of $10,000 per day for each day the vessel, rig, platform, or other vehicle or structure— (i) is manned or crewed in violation of this paragraph; or (ii) operates under the exemption, if the Secretary of the department in which the Coast Guard is operating determines that— (I) the exemption was not validly obtained; or (II) information provided in the application for the exemption was false or incomplete. (H) Notification of Secretary of State The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption. . (b) Regulations Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements and process and other requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356 ). (c) Existing exemptions (1) In general During the 120-day period beginning on the date of enactment of this Act, each exemption granted under section 30(c)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(c)(2) ) (as in effect on the day before the date of enactment of this Act) before the date of enactment of this Act— (A) shall remain in effect; and (B) shall not be affected by the amendments made by subsection (a). (2) Termination On the day after the last day of the period described in paragraph (1), each exemption described in that paragraph shall terminate. (3) Notification Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph (1) that the exemption will terminate in accordance with paragraph (2). (d) Annual report (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report that describes the number of exemptions granted under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356 ) during the preceding year. (2) Requirements Each report under paragraph (1) shall list for each vessel, rig, platform, or other vehicle or structure granted an exemption during the preceding year— (A) the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure; (B) the flag of the vessel, rig, platform, or other vehicle or structure; (C) the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and (D) any changes to the information described in subparagraphs (A) through (C) applicable to the vessel, rig, platform, or other vehicle or structure if the vessel, rig, platform, or other vehicle or structure has received a prior exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356 ) or section 30(c)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(c)(2) ) (as in effect on the day before the date of enactment of this Act). | https://www.govinfo.gov/content/pkg/BILLS-117s3705is/xml/BILLS-117s3705is.xml |
117-s-3706 | II 117th CONGRESS 2d Session S. 3706 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Crapo (for himself, Mr. Wyden , Mr. Risch , Mr. Merkley , Mr. Manchin , and Mr. Wicker ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To provide for the application of certain provisions of the Secure Rural Schools and Community Self-Determination Act of 2000 for fiscal year 2021.
1. County elections for fiscal year 2021 under the Secure Rural Schools and Community Self-Determination Act of 2000 Sections 102(b)(1)(D), 102(d)(1)(F), and 102(d)(3)(D) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7112(b)(1)(D) , 7112(d)(1)(F), 7112(d)(3)(D)) shall be applied for fiscal year 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3706cps/xml/BILLS-117s3706cps.xml |
117-s-3707 | II 117th CONGRESS 2d Session S. 3707 IN THE SENATE OF THE UNITED STATES February 28, 2022 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act to allow disabled individuals with incurable terminal illnesses listed on the Compassionate Allowance list to receive disability insurance benefits without a waiting period, to prohibit concurrent receipt of disability insurance benefits and unemployment insurance, and for other purposes.
1. Short title This Act may be cited as the Immediate Access for the Terminally Ill Act . 2. Option for disabled individuals with incurable terminal illnesses listed on the compassionate allowance list to receive disability insurance benefits without a waiting period (a) In general Section 223 of the Social Security Act ( 42 U.S.C. 423 ) is amended— (1) in subsection (a)(1), in the matter following subparagraph (E)— (A) by inserting and who files an application for disability insurance benefits during the period that begins on December 22, 2020, and ends on the date that is 1 year after the date of enactment of the Immediate Access for the Terminally Ill Act after amyotrophic lateral sclerosis ; and (B) by striking , or (iii) and inserting , (iii) in the case of an individual who makes an election under subsection (k), for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such insurance benefits, or (iv) ; and (2) by adding at the end the following new subsection: (k) Option for disabled individuals with terminal illnesses To receive disability insurance benefits without a waiting period (1) In general An individual who is entitled to a disability insurance benefit and has been diagnosed with a medical condition or disease that is included in the most recent list published by the Commissioner of Social Security under paragraph (2) may elect to receive such benefit beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such benefit. (2) Publication of list Not later than 6 months after the date of enactment of this subsection, and every 5 years thereafter, the Commissioner of Social Security shall, through a formal rulemaking process in accordance with sections 556 and 557 of title 5, United States Code, publish a list of medical conditions and diseases— (A) which are included in the most recent list of Compassionate Allowance Conditions published by the Social Security Administration; (B) for which the average life expectancy for all individuals diagnosed with such condition or disease does not exceed 5 years from the date of diagnosis; and (C) for which there is no known cure. (3) Reduction in benefit amount If an individual described in paragraph (1) elects to receive a disability insurance benefit beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such benefit, the amount of such benefit for any month shall be equal to 93 percent of the amount otherwise determined for the individual under subsection (a)(2) (after the application of sections 202(q) and 215(b)(2)(A)(ii)). (4) Timing and effect of election An individual may only make an election under this subsection at the time the individual files an application for a disability insurance benefit under subsection (b), and any election under this subsection shall be irrevocable. . (b) Conforming amendments Section 223(a)(2) of the Social Security Act ( 42 U.S.C. 423(a)(2) ) is amended— (1) by striking section 202(q) and and inserting subsection (k)(3), section 202(q), and ; and (2) in subparagraph (B), by striking clause (ii) of paragraph (1) and inserting clause (ii), (iii), or (iv) of the matter following subparagraph (E) of paragraph (1) . (c) Effective date The amendments made by this section shall apply with respect to applications for disability insurance benefits filed on or after the date that is 6 months after the date of the enactment of this Act. 3. Congressional approval required for additions to compassionate allowance conditions list Beginning on the date of enactment of this Act, no disease or medical condition may be added to the Compassionate Allowance list that is compiled and maintained by the Social Security Administration unless there is enacted into law a bill or joint resolution approving such addition. 4. Prohibition on payment of social security disability benefits based on receipt of unemployment compensation (a) In general Title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) is amended by inserting after section 224 the following new section: 224A. Prohibition on payment of benefits based on receipt of unemployment compensation (a) If for any month prior to the month in which an individual attains retirement age (as defined in section 216(l)(1))— (1) such individual is entitled to benefits under section 223, and (2) such individual is entitled for such month to unemployment compensation, the total of the individual's benefits under section 223 for such month and of any benefits under subsections (b) through (h) of section 202 for such month based on the individual's wages and self-employment income shall be reduced to zero. (b) (1) Notwithstanding any other provision of law, the head of any Federal agency shall provide such information within its possession as the Commissioner may require for purposes of making a timely determination under this section for reduction of benefits payable under this title, or verifying other information necessary in carrying out the provisions of this section. (2) The Commissioner is authorized to enter into agreements with States, political subdivisions, and other organizations that administer unemployment compensation, in order to obtain such information as the Commissioner may require to carry out the provisions of this section. (3) Any determination by the Commissioner pursuant to this section shall be subject to the requirements described in section 205(b)(1), including provision of reasonable notice and opportunity for a hearing. (c) For purposes of this section, the term unemployment compensation has the meaning given that term in section 85(b) of the Internal Revenue Code of 1986. . 5. Increasing the overpayment collection threshold for old-age, survivors, and disability insurance benefits (a) In general Section 204(a)(1)(A) of the Social Security Act ( 42 U.S.C. 404(a)(1)(A) ) is amended— (1) by striking With respect to and ‘inserting (i) Subject to clause (ii), with respect to ; and (2) by adding at the end the following new clause: (ii) For purposes of clause (i), if the Commissioner of Social Security determines that decreasing a payment under this title to an individual by 100 percent would defeat the purpose of this title, the Commissioner may decrease such payment by a smaller amount, provided that such smaller amount is not less than 10 percent of the amount of such payment. . | https://www.govinfo.gov/content/pkg/BILLS-117s3707is/xml/BILLS-117s3707is.xml |
117-s-3708 | II 117th CONGRESS 2d Session S. 3708 IN THE SENATE OF THE UNITED STATES February 28, 2022 Mr. Portman (for himself and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes.
1. Short title This Act may be cited as the Trading System Preservation Act . 2. Findings; Sense of Congress (a) Findings Congress makes the following findings: (1) The World Trade Organization (in this section referred to as the WTO ) was established to be a forum for multilateral trade negotiations between member countries. (2) Scant negotiating progress has been made at the WTO since its creation in 1995, including through the failed Doha Round, which was initiated 20 years before the date of the enactment of this Act. (3) The inability to reach negotiated outcomes at the WTO has pushed the multilateral trading system to the brink of irrelevance and created incentives for members of the WTO to pursue their trade policy objectives through litigation rather than negotiation. (4) That lack of negotiating progress can be generally attributed to a small minority of WTO members that, for a variety of reasons, have exercised an effective veto over negotiations, effectively prohibiting agreement on new rules to discipline discriminatory practices. (5) Most favored nation (in this section referred to as MFN ) obligations, strictly defined, which appear to generally require equal treatment of all WTO members, make it difficult to achieve high-quality plurilateral agreements because of concerns about free ridership by WTO members who are not party to those agreements. (b) Sense of Congress It is the sense of Congress that— (1) the WTO system affords a variety of flexibilities for WTO members to negotiate and conclude plurilateral agreements without extending the benefits negotiated therein to the entire membership of the WTO on an MFN basis; (2) to reinvigorate the multilateral trading system and advance its trade interests, the United States should exercise its rights to negotiate new sectoral trade agreements with other interested WTO members on a plurilateral basis; (3) to facilitate those negotiations, enable a high level of ambition, and avoid lowest common denominator outcomes, any new benefits negotiated under those new agreements should be limited to the participants and not extended to the entire membership of the WTO; and (4) pursuing plurilateral agreements that are not subject to unconditional MFN will enable the United States to work with like-minded countries within the framework of the WTO to develop new rules to discipline discriminatory, trade distorting, and non-market practices, restore the relevance of the multilateral trading system, and expand trade to the benefit of the citizens of the United States. 3. Briefing on plurilateral agreements with benefits applying only to signatories of those agreements (a) In general Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. (b) Elements The briefing required under subsection (a) shall include a discussion of the opportunities, obstacles, feasibility, and advisability of negotiating and adopting covered plurilateral trade agreements. (c) Definitions In this section: (1) Covered plurilateral trade agreement The term covered plurilateral trade agreement means a sector-specific agreement within the framework of the World Trade Organization involving foreign countries or foreign territories that form a subset of the members of the World Trade Organization that does not extend benefits on a most favored nation basis. (2) Most favored nation The term most favored nation , with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. 4. Negotiating and trade agreements authority for certain plurilateral agreements with benefits applying only to signatories of those agreements (a) Initiation of negotiations (1) In general In order to enhance the economic well-being of the United States, the President shall initiate negotiations for a covered plurilateral trade agreement under this section when the President determines that it is in the national interest to do so. (2) Limitation The President may not initiate negotiations for a covered plurilateral trade agreement under this section until the date on which the United States Trade Representative provides the briefing required by section 3(a). (b) Authority for agreements (1) In general To strengthen the economic competitiveness of the United States by improving trade relations with countries similarly interested, the President may enter into covered plurilateral trade agreements in a sector of the economy specified in subsection (d). (2) Termination of authority The authority under paragraph (1) terminates on July 1, 2027. (c) Modifications permitted (1) In general Subject to paragraph (2), the President may proclaim such modification or continuance of any existing duty or continuance of existing duty-free or excise treatment as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). (2) Limitation Substantial modifications to, or substantial additional provisions of, an agreement entered into after July 1, 2027, are not covered by the authority under paragraph (1). (d) Sectors of the economy specified A sector of the economy specified in this subsection is any of the following sectors: (1) E-commerce and digital services. (2) Pharmaceuticals and medical countermeasures. (3) Environmental goods. (4) Services. (5) Any sector that is subject to substantial interference by a foreign government, including through excessive subsidies or state-owned enterprises. (e) Consultation with and notification to Congress The President shall consult with Congress regarding, and notify Congress of, the intention of the President to enter into an agreement under subsection (b) or to make a proclamation under subsection (c). (f) Participating countries (1) In general Subject to paragraph (2), the President may determine which foreign countries or foreign territories to negotiate with toward an agreement under this section and, after the implementation of any such agreement, the President may, as conditions warrant, identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. (2) Non-market economy country (A) In general The President may not negotiate an agreement under this section with a foreign country or foreign territory determined to be a non-market economy country pursuant to section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) ). (B) After entry into force A foreign country or foreign territory described in subparagraph (A) may accede to a completed agreement negotiated pursuant to this section after entry into force of the agreement if a joint resolution is first enacted approving the accession of that country to the agreement. (g) Bills qualifying for trade authorities procedures (1) Implementing bills (A) In general The provisions of section 151 of the Trade Act of 1974 ( 19 U.S.C. 2191 ) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in this section be referred to as an implementing bill . (B) Provisions specified The provisions described in this subparagraph are— (i) a provision approving a trade agreement entered into under this section and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. (2) Deadline for submission of bill The procedures under paragraph (1) apply to implementing bills submitted with respect to trade agreements entered into under this section before July 1, 2027. (h) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015 An agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (g), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4201 et seq. ) are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act ( 19 U.S.C. 4202(b) ), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): (1) The trade negotiating objectives under section 102 of that Act ( 19 U.S.C. 4201 ). (2) The congressional oversight and consultation requirements under section 104 of that Act ( 19 U.S.C. 4203 ). (3) The notification, consultation, and reporting requirements under section 105 of that Act ( 19 U.S.C. 4204 ). (4) The implementation procedures under section 106 of that Act ( 19 U.S.C. 4205 ). (i) Definitions In this section: (1) Covered plurilateral trade agreement The term covered plurilateral trade agreement means a sector-specific agreement within the framework of the World Trade Organization involving foreign countries or foreign territories that form a subset of the members of the World Trade Organization that does not extend benefits on a most favored nation basis. (2) Most favored nation The term most favored nation , with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. | https://www.govinfo.gov/content/pkg/BILLS-117s3708is/xml/BILLS-117s3708is.xml |
117-s-3709 | II 117th CONGRESS 2d Session S. 3709 IN THE SENATE OF THE UNITED STATES February 28, 2022 Mr. Thune (for himself and Mr. Barrasso ) 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 to carry out vegetation management projects and timber production projects on certain National Forest System land in the States of Montana, South Dakota, and Wyoming, and for other purposes.
1. Short title This Act may be cited as the Black Hills Forest Protection and Jobs Preservation Act of 2022 . 2. Vegetation management projects on Black Hills National Forest using expedited NEPA authorities The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this Act as the Secretary ), shall issue 1 or more decisions using expedited authorities for compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including sections 603 and 605 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b , 6591d) and a determination of NEPA adequacy described in section 220.4(j) of title 36, Code of Federal Regulations (or successor regulations), to carry out vegetation management projects on land in the Black Hills National Forest. 3. Funding for timber production projects (a) In general Of the amounts made available to the Secretary by section 40803(c)(11) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(c)(11) ), the Secretary shall use $40,000,000 for the period of fiscal years 2022 through 2026 to carry out projects on the Bighorn National Forest, the Custer Gallatin National Forest, and the Black Hills National Forest that will result in timber production. (b) Use of categorical exclusion and emergency action authorities In carrying out projects under subsection (a), the Secretary shall use, to the extent practicable— (1) the categorical exclusion established by section 40806(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592b(b) ); and (2) the emergency action authority under section 40807 of that Act ( 16 U.S.C. 6592c ). (c) Excess amounts If any amounts made available under subsection (a) are not used by the Secretary by September 30, 2026, and the Secretary has exhausted all reasonable means to use those amounts for the purposes described in that subsection, those amounts shall remain available to the Secretary until expended to carry out projects described in section 40803(c)(11) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(c)(11) ). 4. Wood products infrastructure In the ranking system developed under section 40804(d)(1) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592a(d)(1) ), the Secretary shall categorize the Black Hills National Forest and the Bighorn National Forest as being very high priority for ecological restoration involving vegetation removal. 5. Administration (a) Judicial review A project carried out under section 2 or 3 shall not be subject to judicial review. (b) Excluded land A project carried out under section 2 or 3 may not be carried out on— (1) a component of the National Wilderness Preservation System; or (2) an inventoried roadless area. | https://www.govinfo.gov/content/pkg/BILLS-117s3709is/xml/BILLS-117s3709is.xml |
117-s-3710 | II 117th CONGRESS 2d Session S. 3710 IN THE SENATE OF THE UNITED STATES February 28, 2022 Mr. Booker (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 249 of title 18, United States Code, to specify lynching as a hate crime act.
1. Short title This Act may be cited as the Emmett Till Antilynching Act . 2. Lynching; other conspiracies Section 249(a) of title 18, United States Code, is amended by adding at the end the following: (5) Lynching Whoever conspires to commit any offense under paragraph (1), (2), or (3) shall, if death or serious bodily injury (as defined in section 2246 of this title) results from the offense, be imprisoned for not more than 30 years, fined in accordance with this title, or both. (6) Other Conspiracies Whoever conspires to commit any offense under paragraph (1), (2), or (3) shall, if death or serious bodily injury (as defined in section 2246 of this title) results from the offense, or if the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, be imprisoned for not more than 30 years, fined in accordance with this title, or both. . | https://www.govinfo.gov/content/pkg/BILLS-117s3710is/xml/BILLS-117s3710is.xml |
117-s-3711 | II 117th CONGRESS 2d Session S. 3711 IN THE SENATE OF THE UNITED STATES February 28, 2022 Mr. Braun (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To ensure that no cost reduction or cash refund is due under certain transportation cost-reimbursement contracts on the basis of the forgiveness of certain covered loans, and for other purposes.
1. Treatment of paycheck protection program loan forgiveness of payroll costs under highway and public transportation project cost-reimbursement contracts (a) In general Notwithstanding section 31.201–5 of title 48, Code of Federal Regulations (or successor regulations), for the purposes of any cost-reimbursement contract awarded in accordance with section 112 of title 23, United States Code, or section 5325 of title 49, United States Code, or any subcontract under such a contract, no cost reduction or cash refund (including through a reduced indirect cost rate) shall be due to the Department of Transportation or to a State transportation department, transit agency, or other recipient of assistance under chapter 1 of title 23, United States Code, or chapter 53 of title 49, United States Code, on the basis of forgiveness of the payroll costs of a covered loan (as those terms are defined in section 7A(a) of the Small Business Act ( 15 U.S.C. 636m(a) )) issued under the paycheck protection program under section 7(a)(36) of that Act ( 15 U.S.C. 636(a)(36) ). (b) Saving provision Nothing in this section amends or exempts the prohibitions and liabilities under section 3729 of title 31, United States Code. (c) Termination This section ceases to be effective on June 30, 2025. | https://www.govinfo.gov/content/pkg/BILLS-117s3711is/xml/BILLS-117s3711is.xml |
117-s-3712 | II 117th CONGRESS 2d Session S. 3712 IN THE SENATE OF THE UNITED STATES February 28, 2022 Mr. Kaine introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to provide for periodic automatic reenrollment under qualified automatic contribution arrangements, and for other purposes.
1. Short title This Act may be cited as the Auto Reenroll Act of 2022 . 2. Automatic reenrollment under qualified automatic contribution arrangements and eligible automatic contribution arrangements (a) Qualified automatic contribution arrangements (1) In general Section 401(k)(13)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: (v) Periodic automatic deferral required for post-2024 arrangements In the case of a qualified automatic contribution arrangement which takes effect after December 31, 2024, the requirements of this subparagraph shall be treated as met only if, under the arrangement, at least every 3 plan years each employee— (I) who is eligible to participate in the arrangement, and (II) who, at the time of the determination, has in effect an affirmative election pursuant to clause (ii) not to have contributions described in clause (i) made, is treated as having made the election described in clause (i) unless the employee makes a new affirmative election under clause (ii). Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment. . (2) Conforming amendments Clause (iv) of section 401(k)(13)(C) of such Code is amended— (A) in the heading, by inserting for pre-2025 arrangements after required ; and (B) by striking Clause (i) and inserting In the case of a qualified automatic contribution arrangement in effect before January 1, 2025, clause (i) . (b) Eligible automatic contribution arrangements Section 414(w)(3) of the Internal Revenue Code of 1986 is amended— (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking arrangement .—For purposes of and inserting the following: “ arrangement .— (A) In general For purposes of ; and (3) by adding at the end the following new subparagraph: (B) Periodic automatic deferral required In the case of an eligible automatic contribution arrangement taking effect after December 31, 2024, the requirements of this subsection shall be treated as met only if, under the arrangement, at least every 3 plan years each employee— (i) who is eligible to participate in the arrangement, and (ii) who, at the time of the determination, has in effect an affirmative election pursuant to subparagraph (A)(ii) not to have contributions described in such subparagraph made, is treated as having made the election at the uniform percentage level described in subparagraph (A)(ii) unless the employee makes a new election under such subparagraph. Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment. . (c) Conforming amendment Section 514(e)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1144(e)(2) ) is amended— (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking (2) For purposes of and inserting (2)(A) For purposes of ; and (3) by adding at the end the following: (B) In the case of an eligible automatic contribution arrangement taking effect after December 31, 2024, the requirements of subparagraph (A)(ii) shall be treated as met only if, under the arrangement, at least every 3 plan years each employee— (i) who is eligible to participate in the arrangement; and (ii) who, at the time of the determination, has in effect an affirmative election pursuant to subparagraph (A)(ii) not to have contributions described in such subparagraph made, is treated as having made the election at the uniform percentage of compensation described in subparagraph (A)(ii) unless the employee makes a new election under such subparagraph. Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment. . (d) Effective date The amendments made by this section shall apply to arrangements taking effect after December 31, 2024. | https://www.govinfo.gov/content/pkg/BILLS-117s3712is/xml/BILLS-117s3712is.xml |
117-s-3713 | II 117th CONGRESS 2d Session S. 3713 IN THE SENATE OF THE UNITED STATES February 28, 2022 Ms. Collins (for herself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To codify the essential holdings of Roe v. Wade (410 U.S. 113 (1973)) and Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)).
1. Short title This Act may be cited as the Reproductive Choice Act . 2. Purpose It is the purpose of this Act to codify the essential holdings of Roe v. Wade (410 U.S. 113 (1973)) and Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)). 3. Clarification of allowable State requirements (a) In general A State— (1) may not impose an undue burden on the ability of a woman to choose whether or not to terminate a pregnancy before fetal viability; (2) may restrict the ability of a woman to choose whether or not to terminate a pregnancy after fetal viability, unless such a termination is necessary to preserve the life or health of the woman; and (3) may enact regulations to further the health or safety of a woman seeking to terminate a pregnancy. (b) Clarification For purposes of this Act, unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking to terminate a pregnancy impose an undue burden. (c) Rule of construction Nothing in this Act shall be construed to have any effect on laws regarding conscience protection. 4. Definitions In this Act: (1) State The term State includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States, and any subdivision of any of the foregoing. (2) Undue burden The term undue burden means any burden that places a substantial obstacle in the path of a woman seeking to terminate a pregnancy prior to fetal viability. | https://www.govinfo.gov/content/pkg/BILLS-117s3713is/xml/BILLS-117s3713is.xml |
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