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117-s-3814 | II 117th CONGRESS 2d Session S. 3814 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Hickenlooper (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To modernize biosurveillance capabilities and infectious disease data collection, and improve epidemic forecasting and outbreak analytics.
1. Short title This Act may be cited as the Modernizing Biosurveillance Capabilities and Epidemic Forecasting Act . 2. Modernizing biosurveillance capabilities and infectious disease data collection Section 319D of the Public Health Service Act ( 42 U.S.C. 247d–4 ) is amended— (1) in subsection (b)(1)(A), by striking , and local and inserting , local, and Tribal ; (2) in subsection (c)— (A) in paragraph (1), by inserting modernize, after establish, ; (B) in paragraph (3)(B), by inserting , and make recommendations to improve the quality of data collected pursuant to subparagraph (A) to ensure complete, accurate, and timely sharing of such data, as appropriate, across such elements as described in subparagraph (A) after under subparagraph (A) ; (C) in paragraph (5)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking and operating and inserting , operating, and updating, as appropriate, ; (II) in clause (iv), by striking and at the end; (III) in clause (v), by striking the period and inserting ; and ; and (IV) by adding at the end the following: (vi) in collaboration with State, local, and Tribal public health officials, integrate and update applicable existing public health data systems and networks of the Department of Health and Human Services to reflect technological advancements, consistent with section 2823, as applicable. ; and (ii) in subparagraph (B)— (I) in clause (i), by inserting and 180 days after the date of enactment of the Modernizing Biosurveillance Capabilities and Epidemic Forecasting Act , after Innovation Act of 2019, ; (II) in clause (ii), by inserting experts in privacy and data security; after forecasting); ; and (III) in clause (iii)— (aa) in subclause (V), by striking and at the end; (bb) in subclause (VI), by striking the period and inserting a semicolon; and (cc) by adding at the end the following: (VII) strategies to integrate laboratory and public health data systems and capabilities to support rapid and accurate reporting of laboratory test results and associated relevant data; (VIII) strategies to improve the collection and reporting of relevant, aggregated, deidentified demographic data to inform responses to public health emergencies, including identification of at-risk populations and to address potential health disparities; and (IX) strategies to improve the electronic exchange of health information between State and local health departments and health care providers and facilities to improve public health surveillance. ; and (D) in paragraph (6)(A)— (i) in the matter preceding clause (i), by inserting and every 5 years thereafter, after Innovation Act of 2019, (ii) in clause (iii)— (I) in subclause (III), by striking and at the end; and (II) by adding at the end the following: (V) improve coordination and collaboration, as appropriate, with other Federal departments; and (VI) implement applicable lessons learned from recent public health emergencies to address gaps in situational awareness and biosurveillance capabilities; ; (iii) in clause (iv), by striking and at the end; (iv) in clause (v), by striking the period and inserting , including a description of how such steps will further the goals of the network, consistent with paragraph (1); and ; and (v) by adding at the end the following: (vi) identifies and demonstrates measurable steps the Secretary will take to further develop and integrate infectious disease detection, support rapid and accurate reporting of laboratory test results during a public health emergency, and improve coordination and collaboration with State, local, and Tribal public health officials, clinical laboratories, and other entities with expertise in public health surveillance. ; (3) in subsection (d)— (A) in paragraph (1), by inserting , acting through the Director of the Centers for Disease Control and Prevention and in coordination with the heads of other appropriate agencies and offices within the Department of Health and Human Services, after the Secretary ; (B) in paragraph (2)(C), by inserting , including any public-private partnerships or other partnerships entered into to improve such capacity before the semicolon; and (C) by adding at the end the following: (6) Non-duplication of effort The Secretary shall ensure that activities carried out under an award under this subsection do not unnecessarily duplicate efforts of other agencies and offices within the Department of Health and Human Services. ; (4) by amending subsection (i) to read as follows: (i) Authorization of appropriations There are authorized to be appropriated— (1) to carry out subsection (a), $25,000,000 for each of fiscal years 2022 and 2023; and (2) to carry out subsections (b), (c), and (d), $136,800,000 for each of fiscal years 2022 and 2023. ; and (5) by striking tribal each place it appears and inserting Tribal . 3. Epidemic forecasting and outbreak analytics Title XXVIII of the Public Health Service Act ( 42 U.S.C. 300hh et seq. ) is amended by adding at the end the following: 2824. Epidemic forecasting and outbreak analytics (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall continue activities related to the development of infectious disease outbreak analysis capabilities to enhance the prediction, modeling, and forecasting of potential public health emergencies and other infectious disease outbreaks, which may include activities to support preparedness for, and response to, such emergencies and outbreaks. In carrying out this subsection, the Secretary shall identify strategies to include and leverage, as appropriate, the capabilities to public and private entities, which may include conducting such activities through collaborative partnerships with public and private entities, including academic institutions, and other Federal agencies, consistent with section 319D, as applicable. (b) Considerations In carrying out subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may consider public health data and, as appropriate, other data sources related to the transmission of such infectious diseases that affect preparedness for, or response to, public health emergencies and infectious disease outbreaks. (c) Annual reports Not later than 1 year after the date of enactment of this section, and annually thereafter for each of the subsequent 4 years, the Secretary shall prepare and submit a report, to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, regarding an update on progress on activities conducted under this section to develop infectious disease outbreak analysis capabilities and any additional information relevant to such efforts. . | https://www.govinfo.gov/content/pkg/BILLS-117s3814is/xml/BILLS-117s3814is.xml |
117-s-3815 | II 117th CONGRESS 2d Session S. 3815 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Markey (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Emergency Energy Conservation Act of 1979 to allow the President to provide short-term relief to the American people as the United States works to impose a necessary ban on all oil imports from Russia and to restore the ability of the President to set energy efficiency targets for States during an energy supply emergency, and for other purposes.
1. Short title This Act may be cited as the Strategic reserve, Appliance, Vehicle, and Energy efficiency for Consumers Act of 2022 or the SAVE Consumers Act of 2022 . 2. Findings Congress finds that— (1) according to the Ministry of Finance of the Russian Federation, 36 percent of all revenue of the Government of the Russian Federation in 2021 came from the oil and gas sector, funding the war of aggression against Ukraine; (2) from January through December 2021, the United States imported 245,194,000 barrels of oil from the Russian Federation, which, at an annual average of $71 per barrel, equals approximately $17,400,000,000 in oil imports; (3) in order to cut off funding to Russian oil companies, the United States will need to cut off Russian oil imports; (4) as of March 4, 2022, the Strategic Petroleum Reserve crude oil inventory totals approximately 577,500,000 barrels, which are intended by law for use to minimize short-term energy supply disruptions and protect United States consumers from economic damage; (5) since 2015, Congress has enacted 8 laws that mandate the sale of 303,600,000 barrels of oil from the Strategic Petroleum Reserve between 2022 and 2031; (6) selling the barrels described in paragraph (5) earlier could address the immediate economic damage caused by ongoing energy supply disruptions related to the war in Ukraine; (7) in addition to immediate use of existing oil stockpiles, energy supply disruptions can be mitigated by reducing demand for fossil fuel products through energy efficiency; (8) energy efficiency reduces demand without disrupting energy services delivered to the consumer; (9) clean energy deployment and energy efficiency not only reduce United States demand for fossil fuels, but also provide additional benefits by reducing air pollution, health impacts, and greenhouse gas emissions, while creating thousands of jobs in the United States and bolstering the economy; and (10) the Emergency Energy Conservation Act of 1979 ( 42 U.S.C. 8501 et seq. ) was enacted to address severe energy supply disruptions and provide an emergency response plan. 3. Emergency energy conservation (a) Definitions Section 202 of the Emergency Energy Conservation Act of 1979 ( 42 U.S.C. 8502 ) is amended— (1) in the matter preceding paragraph (1), by striking For purposes of this title— and inserting In this title: ; (2) in each of paragraphs (1) through (8), by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; (3) by redesignating paragraphs (1) through (5) and (7) as paragraphs (7), (3), (4), (5), (9), and (2), respectively; (4) by inserting before paragraph (2) (as so redesignated) the following: (1) Energy conservation The term energy conservation means, with respect to heating, cooling, use of an appliance, or a vehicle— (A) energy efficiency, including electrification; or (B) a minimum level of energy efficiency or a maximum quantity of energy use, determined in accordance with test procedures or industry analysis, as determined by the Secretary, the Secretary of Transportation, or the Administrator of the Environmental Protection Agency, as applicable, that provides health, climate, or environmental benefits. ; and (5) in paragraph (9) (as so redesignated), by striking means and all that follows through highways and inserting the following: means— (A) a motor vehicle; (B) a motor vehicle engine; (C) a nonroad vehicle or engine; and (D) aircraft . (b) Standby Federal conservation plan Section 213(i) of the Emergency Energy Conservation Act of 1979 ( 42 U.S.C. 8513(i) ) is amended— (1) in paragraph (1), by striking between Friday noon and Sunday midnight ; (2) by striking paragraph (2); and (3) in paragraph (1), by striking the paragraph designation and all that follows through the plan and inserting The plan . (c) Administration Section 251 of the Emergency Energy Conservation Act of 1979 ( 42 U.S.C. 8541 ) is amended by striking subsection (c). 4. Strategic Petroleum Reserve drawdown and sale (a) Bipartisan Budget Act of 2015 Section 403(a) of the Bipartisan Budget Act of 2015 ( Public Law 114–74 ; 129 Stat. 589) is amended— (1) in paragraph (5), by adding and after the semicolon; (2) by striking paragraphs (7) and (8); and (3) in paragraph (6)— (A) by striking 10,000,000 and inserting 30,000,000 ; and (B) by striking the semicolon at the end and inserting a period. (b) Fixing America’s Surface Transportation Act Section 32204 of the FAST Act ( Public Law 114–94 ; 129 Stat. 1740) is amended— (1) in subsection (a)(1)— (A) in subparagraph (A), by adding and after the semicolon; (B) by striking subparagraphs (C) and (D); and (C) in subparagraph (B)— (i) by striking 16,000,000 and inserting 66,000,000 ; and (ii) by striking the semicolon at the end and inserting a period; and (2) in subsection (c)(1), by striking (A) through (I) and inserting (A) and (B) . (c) Reconciliation on the budget for 2018 Section 20003(a)(1) of Public Law 115–97 (131 Stat. 2237) is amended by striking 2026 through 2027 and inserting 2022 and 2023 . (d) Bipartisan Budget Act of 2018 Section 30204(a)(1) of the Bipartisan Budget Act of 2018 ( Public Law 115–123 ; 132 Stat. 126) is amended— (1) in subparagraph (A), by striking through 2025; and inserting and 2023. ; (2) by striking subparagraphs (B) and (C); and (3) beginning in the matter preceding subparagraph (A), by striking Reserve— and all that follows through 30,000,000 in subparagraph (A) and inserting the following: Reserve 100,000,000 . (e) America’s Water Infrastructure Act of 2018 Section 3009(a)(1) of America’s Water Infrastructure Act of 2018 ( Public Law 115–270 ; 132 Stat. 3870) is amended by striking during fiscal year 2028 and inserting during the period of fiscal years 2022 and 2023 . (f) Infrastructure and Investment Jobs Act Section 90002(a) of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1342) is amended— (1) in paragraph (1), by striking 2028 through 2031 and inserting 2022 and 2023 ; and (2) in paragraph (2), by striking 2028 through 2031 and inserting 2022 and 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s3815is/xml/BILLS-117s3815is.xml |
117-s-3816 | II 117th CONGRESS 2d Session S. 3816 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Wicker (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 46, United States Code, to establish a United States Marine Highway Program, and for other purposes.
1. Short title This Act may be cited as the Marine Highway Promotion Act . 2. Findings Congress finds the following: (1) Our Nation's waterways are an integral part of the transporation network of the United States. (2) Using the Nation's coastal, inland, and other waterways can support commercial transportation, and alleviates surface transportation congestion and burdensome road and bridge repair costs. (3) Marine highways are serviced by documented United States Flag vessels and manned by United States citizens, providing added resources for national security and to aid in times of crisis. (4) According to the United States Army Corps of Engineers, inland navigation is a key element of economics development and is essential in maintaining economic competitiveness and national security. 3. United States marine highway program (a) In general Section 55601 of title 46, United States Code, is amended to read as follows: 55601. United States marine highway program (a) Program (1) Establishment The Maritime Administrator shall establish a marine highway program to be known as the United States marine highway program . Under such program, the Maritime Administrator shall— (A) designate marine highway routes as extensions of the surface transportation system under subsection (b); and (B) subject to the availability of appropriations, make grants and enter into contracts and cooperative agreements under subsection (c). (2) Program activities In carrying out the marine highway program established under paragraph (1), the Maritime Administrator may— (A) coordinate with ports, State departments of transportation, localities, other public agencies, and the private sector on the development of landside facilities and infrastructure to support marine highway transportation; (B) develop performance measures for such marine highway program; (C) collect and disseminate data for the designation and delineation of marine highway routes under subsection (b); and (D) conduct research on solutions to impediments to marine highway services eligible for assistance under subsection (c)(1). (b) Designation of marine highway routes (1) Authority The Maritime Administrator may designate or modify a marine highway route as an extension of the surface transportation system if— (A) such a designation or modification is requested by the Governor of a State or territory; and (B) the Maritime Administrator determines such marine highway route satisfies at least one covered function under subsection (d). (2) Determination Not later than 180 days after the date on which the Maritime Administrator receives a request for designation or modification of a marine highway route under paragraph (1), the Maritime Administrator shall make a determination of whether to make the requested designation or modification. (3) Notification Not later than 14 days after the date on which the Maritime Administrator makes the determination whether to make the requested designation or modification, the Maritime Administrator shall send the requester a notification of the determination. (4) Map Not later than 120 days after the date of enactment of the United States Marine Highway Promotion Act, and thereafter each time a marine highway route is designated or modified, the Administrator shall make publicly available a map showing the location of marine highway routes, including such routes along the coasts, in the inland waterways, and at sea. (c) Assistance for marine highway services (1) In general The Maritime Administrator may make grants to, or enter into contracts or cooperative agreements with an applicant to implement a marine highway service or component of a marine highway service, if the Administrator determines the service— (A) satisfies at least one covered function under subsection (d); (B) uses vessels documented under chapter 121; (C) develops, expands, or promotes— (i) marine highway transportation services; (ii) shipper utilization of marine highway transportation; or (iii) infrastructure for which assistance is not available under section 5307(h) of title 49; or (D) implements strategies developed under section 55603. (2) Application To be eligible to receive a grant or enter into a contract or cooperative agreement under this subsection to implement a marine highway service, an applicant shall— (A) submit an application in such form and manner, at such time, and containing such information as the Maritime Administrator may require, including a comprehensive description of— (i) the regions to be served by the marine highway service; (ii) the marine highway route that the service will use, which may include connection to existing or planned transportation infrastructure and intermodal facilities, key navigational factors such as available draft, channel width, bridge air draft, or lock clearance, and any foreseeable impacts on navigation or commerce, and a map of the proposed route; (iii) the marine highway service supporters, which may include business affiliations, private sector stakeholders, State departments of transportation, metropolitan planning organizations, municipalities, or other governmental entities (including Tribal governments), as applicable; (iv) the estimated volume of passengers or cargo using the service, and predicted changes in such volume during the 5-year period following the date of the application; (v) the need for the service; (vi) the definition of the success goal for the service, such as volumes of cargo or passengers moved, or contribution to environmental mitigation, safety, reduced vehicle miles traveled, or reduced maintenance and repair costs; (vii) the methodology for implementing the service, including a description of the proposed operational framework of the service including the origin, destination, and any intermediate stops on the route, transit times, vessel types, and service frequency; and (viii) any existing programs or arrangements that can be used to supplement or leverage assistance under the program; and (B) demonstrate to the satisfaction of the Maritime Administrator that— (i) the marine highway service is financially viable; (ii) the funds or other assistance provided under this subsection will be spent or used efficiently and effectively; and (iii) a market exists for the services of the proposed marine highway service, as evidenced by contracts or written statements of intent from potential customers. (3) Timing of grant notice The Maritime Administrator shall post a Notice of Funding Opportunity regarding grants, contracts, and cooperative agreements under this subsection not more than 90 days after the date of enactment of the appropriations Act for the fiscal year concerned. (4) Grant application feedback Following the award of grants for a particular fiscal year, the Maritime Administrator may provide feedback to applicants to help applicants improve future applications if the feedback is requested by that applicant. (5) Timing of grants The Maritime Administrator shall award grants, contracts, and cooperative agreements under this subsection not later than 270 days after the date of the enactment of the appropriations Act for the fiscal year concerned. (6) Non-Federal share (A) In general An applicant shall provide not less than 20 percent of the costs from non-Federal sources, except as provided in subparagraph (B). (B) Rural areas The Maritime Administrator may increase the Federal share of service costs above 80 percent for a service located in a rural area. (C) Preference In awarding grants, or entering in contracts or cooperative agreements under this subsection, the Maritime Administrator shall give a preference to marine highway services that present the most financially viable transportation services and require the lowest percentage Federal share of the costs. (7) Reuse of unexpended grant funds Notwithstanding paragraph (5), amounts awarded under this subsection that are not expended by the recipient for 3 fiscal years after the award is made shall be returned to the Maritime Administrator and remain available to make grants and enter into contracts and cooperative agreements under this subsection. (8) Administrative costs Not more than 3 percent of the total amount made available to carry out this subsection for any fiscal year may be used for the necessary administrative costs associated with grants, contracts, and cooperative agreements made under this subsection. (9) Procedural safeguards The Maritime Administrator, in consultation with the Office of the Inspector General, shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that— (A) amounts made available to carry out this subsection are used for the purposes for which they were made available; (B) recipients of funds under this subsection (including through grants, contracts, or cooperative agreements) have properly accounted for all expenditures of such funds; and (C) any such funds that are not obligated or expended for the purposes for which they were made available are returned to the Administrator. (10) Conditions on provision of funds The Maritime Administrator may not award funds an applicant under this subsection unless the Maritime Administrator determines that— (A) sufficient funding is available to meet the non-Federal share requirement of paragraph (6); (B) the marine highway service for which such funds are provided will be completed without unreasonable delay; and (C) the recipient of such funds has authority to implement the proposed marine highway service. (d) Covered functions A covered function under this subsection is one of the following: (1) Promotion of marine highway transportation. (2) Provision of a coordinated and capable alternative to landside transportation. (3) Mitigation or relief of landside congestion. (e) Prohibited uses Funds awarded under this section may not be used to— (1) raise sunken vessels, construct buildings or other physical facilities, or acquire land unless such activities are necessary for the establishment or operation of a marine highway service implemented using grant funds provided, or pursuant to a contract or cooperative entered into under, subsection (c); or (2) distribute resources outside the United States. (f) Geographic distribution In making grants, contracts, and cooperative agreements under this section the Maritime Administrator shall take such measures so as to ensure an equitable geographic distribution of funds. (g) Audits and examinations All recipients (including recipients of grants, contracts, and cooperative agreements) under this section shall maintain such records as the Maritime Administrator may require and make such records available for review and audit by the Maritime Administrator. . 4. Multistate, State, and regional transportation planning Chapter 556 of title 46, United States Code, is amended by inserting after section 55602 the following: 55603. Multistate, State, and regional transportation planning (a) In general The Maritime Administrator, in consultation with the heads of other appropriate Federal departments and agencies, State and local governments, and appropriate private sector entities, may develop strategies to encourage the use of marine highway transportation for the transportation of passengers and cargo. (b) Strategies If the Maritime Administrator develops the strategies described in subsection (a), the Maritime Administrator may— (1) assess the extent to which States and local governments include marine highway transportation and other marine transportation solutions in transportation planning; (2) encourage State departments of transportation to develop strategies, where appropriate, to incorporate marine highway transportation, ferries, and other marine transportation solutions for regional and interstate transport of freight and passengers in transportation planning; and (3) encourage groups of States and multistate transportation entities to determine how marine highway transportation can address congestion, bottlenecks, and other interstate transportation challenges. . 5. Research on marine highway transportation Section 55604 of title 46, United States Code, is amended— (1) by redesignating paragraphs (1) through (3) as paragraphs (4) through (6), respectively; and (2) by inserting before paragraph (4), as redesignated by paragraph (1), the following new paragraphs: (1) the economic importance of marine highway transportation to the United States economy; (2) the importance of marine highway transportation to rural areas; (3) pairs of United States regions and territories, and within-region areas, that do not yet have marine highway services underway, but that could benefit from the establishment of marine highway services; . 6. Definitions Section 55605 of title 46, United States Code, is amended to read as follows: 55605. Definitions In this chapter— (1) the term marine highway transportation means the carriage by a documented vessel of cargo— (A) that is— (i) contained in intermodal cargo containers and loaded by crane on the vessel; (ii) loaded on the vessel by means of wheeled technology; (iii) shipped in discrete units or packages that are handled individually, palletized, or unitized for purposes of transportation; or (iv) freight vehicles carried aboard commuter ferry boats; and (B) that is— (i) loaded at a port in the United States and unloaded either at another port in the United States or at a port in Canada or Mexico; or (ii) loaded at a port in Canada or Mexico and unloaded at a port in the United States; (2) the term marine highway service means a planned or contemplated new service, or expansion of an existing service, on a marine highway route, that seeks to provide new modal choices to shippers, offer more desirable services, reduce transportation costs, or provide public benefits; and (3) the term marine highway route means a route on commercially navigable coastal, inland, or intracoastal waters of the United States, including connections between the United States and contiguous territories, that is designated under section 55601(b). . 7. Clerical amendments The analysis for chapter 556 of title 46, United States Code, is amended— (1) by striking the item relating to section 55601 and inserting the following: 55601. United States marine highway program. ; (2) by inserting after the item relating to section 55602 the following: 55603. Multistate, State, and regional transportation planning. ; and (3) by striking the item relating to section 55605 and inserting the following: 55605. Definitions. . | https://www.govinfo.gov/content/pkg/BILLS-117s3816is/xml/BILLS-117s3816is.xml |
117-s-3817 | II 117th CONGRESS 2d Session S. 3817 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Wicker (for himself, Mr. Grassley , Mrs. Hyde-Smith , Mr. Thune , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To improve the forecasting and understanding of tornadoes and other hazardous weather, and for other purposes.
1. Short title This Act may be cited as the Tornado Observations Research and Notification Assessment for Development of Operations Act or the TORNADO Act . 2. Definitions In this Act: (1) 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 ). (2) 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) ). (3) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. 3. Hazardous weather and water event risk communication (a) In general The Under Secretary shall maintain and improve the system of the National Oceanic and Atmospheric Administration by which the risks of hazardous weather and water events are communicated to the general public, with the goal of informing action and encouraging response to prevent loss of life and property. (b) Hazard risk communication improvement and simplification (1) In general The Under Secretary shall establish, or designate an existing office to serve as, a hazard risk communication office (in this subsection referred to as the Office ), for the purposes of simplifying and improving the communication of hazardous weather and water event risks. (2) Terminology The Office shall identify, eliminate, or modify unnecessary, redundant, or confusing terms for hazardous weather and water event communications and add new terminology, as appropriate. (3) Communications improvement The Office shall improve the form, content, and methods of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property. (4) Evaluations The Office shall, in coordination with the performance branch of the National Weather Service, develop metrics for that branch to track and evaluate the degree to which hazardous weather and water event communications result in action and response. (5) Support plan The Office shall develop a plan for the purpose of supporting the activities described in paragraph (3). The plan shall be periodically updated and informed by internal and extramural research and the results of the evaluation of hazardous weather and water event communications conducted under paragraph (4). (6) Methods In carrying out this subsection, the Office shall develop and implement recommendations that— (A) are based on the best and most recent understanding from authoritative social, behavioral, risk, and communication science research; (B) are validated by social, behavioral, risk, and communication science sound survey designs, taking into account the importance of reproducibility and replicability of results, using rigorous statistical analyses; (C) account for the needs of various demographics, vulnerable populations, and geographic regions; (D) account for the differences between various types of weather and water hazards; (E) respond to the needs of Federal, State, and local government partners and media partners; and (F) account for necessary changes in the infrastructure, technology, and protocols for creating and disseminating federally operated watches and warnings. (7) Coordination The Office shall periodically provide updates on best practices for communicating hazardous weather and water events to Federal, State, and local government partners, institutions of higher education, private entities, and media partners. (8) Timeliness and consistency The Office shall develop best practices and guidance for ensuring timely and consistent communication across public facing platforms that disseminate hazardous weather and water event information. (c) Hazard communication research and engagement (1) In general The Under Secretary shall establish or maintain a research program— (A) to modernize the creation and communication of risk-based, statistically reliable, probabilistic hazard information to inform effective responses to hazardous weather and water events; and (B) to improve the fundamental social, behavioral, risk, and communication science regarding hazardous weather and water event communication. (2) Coordination In carrying out the research program required by paragraph (1), the Under Secretary shall coordinate and communicate with States, Tribes, localities, and emergency managers on research priorities and results. (3) Pilot program required (A) In general To further research into hazard communication, the Under Secretary, in collaboration with one or more eligible institutions, shall establish a pilot program to test the effectiveness of implementing the research conducted under this subsection. (B) Eligible institution defined In this paragraph, the term eligible institution means any of the following: (i) A historically Black college or university located in an area of persistent poverty that is subjected to frequent severe weather, such as tornadoes, hurricanes, and floods. (ii) An institution of higher education in close proximity to a National Weather Service Weather Forecast Office of the National Weather Service. (d) Data management The Under Secretary shall establish, maintain, and improve a central repository system for the National Oceanic and Atmospheric Administration for social, behavioral, risk, and economic data related to the communication of hazardous weather and water events, including data developed or received pursuant to paragraphs (3), (4), and (5) of subsection (b). (e) Digital watermarking The Under Secretary shall develop methods to reduce the likelihood of unauthorized tampering with online hazardous weather and water event risk communication, such as developing digital watermarks. 4. Warn-on-forecast strategic plan (a) In general Not later than one year after the date of the enactment of this Act, the Under Secretary shall prepare and submit to Congress a strategic plan for developing and prioritizing the implementation of high-resolution probabilistic forecast guidance for tornadic conditions using a next-generation weather forecast and warning framework. (b) Plan elements The strategic plan required by subsection (a) shall include the following: (1) A discussion of— (A) the priorities and needs of vulnerable populations and National Weather Service partners; and (B) high-performance computing, visualization, and dissemination needs. (2) A timeline and guidance for implementation of— (A) high-resolution numerical weather prediction models; (B) methods for meeting the high-performance computing, visualization, and dissemination needs discussed under paragraph (1)(B); (C) real-time high-resolution probabilistic forecasts; (D) improved observations, including through radars, satellites, and uncrewed aerial systems; (E) a flexible framework to communicate clear and simple hazardous weather and water event information to the public; and (F) social, behavioral, risk, and communication research to improve the forecaster operational environment and societal information reception and response. 5. Tornado rating system (a) In general The Under Secretary shall, in collaboration with such stakeholders as the Under Secretary considers appropriate— (1) evaluate the system used as of the date of the enactment of this Act to rate the severity of tornadoes; and (2) determine whether updates to that system are required to ensure that the ratings accurately reflect the severity of tornadoes. (b) Update required If the Under Secretary determines under subsection (a) that updates to the tornado rating system are necessary, the Under Secretary shall update the system. 6. Post-storm surveys and assessments (a) In general The Under Secretary shall perform one or more post-storm surveys and assessments following each hazardous weather or water event determined by the Under Secretary to be of sufficient societal importance to warrant a post-event survey and assessment. (b) Coordination The Under Secretary shall coordinate with Federal, State, and local governments, private entities, and relevant institutions of higher education when conducting post-storm surveys and assessments under subsection (a) in order to optimize data collection, sharing, and integration. (c) Data availability The Under Secretary shall make the data obtained from each post-storm survey and assessment conducted under subsection (a) available to the public as soon as practicable after conducting the survey and assessment. (d) Improvement The Under Secretary shall— (1) investigate the role of uncrewed aerial systems in data collection during post-storm surveys and assessments conducted under subsection (a); (2) update tactics and procedures to enhance the efficiency and reliability of data obtained from post-storm surveys and assessments; and (3) increase the number of post-storm community impact studies, including surveying individual responses and gathering survivability statistics. (e) Support for employees The Under Secretary shall provide training, resources, and access to professional counseling to support the emotional and mental health and well-being of employees conducting post-storm surveys and assessments under subsection (a). 7. VORTEX-USA program (a) In general Section 103 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8513 ) is amended— (1) in the section heading, by striking Tornado warning improvement and extension and inserting VORTEX-USA ; (2) in subsection (a), by striking establish a tornado warning improvement and extension program and inserting maintain a program for rapidly improving tornado forecast and warnings ; (3) by striking subsections (c) and (d); and (4) by adding at the end the following: (c) Innovative observations The Under Secretary shall ensure that the program required by subsection (a) periodically examines the value of incorporating innovative observations with respect to the improvement of tornado forecasts, predictions, and warnings, such as acoustic or infrasonic measurements, observations from phased array radars, and observations from mesonets. (d) Warnings The program required by subsection (a) shall— (1) continue the research necessary to develop and deploy probabilistic weather forecast guidance technology for tornados; and (2) incorporate, as appropriate, hazard communication research. (e) Research (1) In general The Under Secretary shall, through the program required by subsection (a), award grants for research that focuses on improving— (A) the social, behavioral, risk, communication, and economic sciences related to vulnerabilities, risk communication, and delivery of information critical for saving lives and property related to tornadoes; and (B) the physical sciences, engineering, and technology related to tornado formation, the interactions of tornadoes with the built and natural environment, and the interaction of tornadoes and hurricanes. (2) Priority institutions In awarding grants under paragraph (1), the Under Secretary shall prioritize awarding grants to historically Black colleges and universities. (f) Authorization of appropriations There is authorized to be appropriated to the Under Secretary to carry out this section $7,500,000 for each of fiscal years 2022 through 2030, of which not less than $2,000,000 each fiscal year shall be used for grants awarded under subsection (e). . (b) Clerical amendment The table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ; 131 Stat. 91) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. VORTEX-USA program. . 8. Reports (a) Weather Research and Forecasting Innovation Act of 2017 (1) In general Section 403 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8543 ) is amended by striking subsection (d). (2) Technical amendment Section 403(a) of such Act ( 15 U.S.C. 8543(a) ) is amended by inserting the after Director of . (b) National Oceanic and Atmospheric Administration Authorization Act of 1992 Section 106 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( Public Law 102–567 ; 106 Stat. 4274) is amended by striking subsection (c) ( 15 U.S.C. 1537 ). 9. Government Accountability Office report on hazardous weather and water alert dissemination (a) In general Not later than 540 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that examines the information technology infrastructure of the National Weather Service of the National Oceanic and Atmospheric Administration, specifically regarding the system for timely public notification of hazardous weather and water alerts and updates. (b) Elements The report required by subsection (a) shall include the following: (1) An analysis of the information technology infrastructure of the National Weather Service, including software and hardware capabilities and limitations, including an examination of server and data storage methods, broadband, data management, and data sharing. (2) An identification of secondary and tertiary fail-safes for the timely distribution of hazardous weather event alerts to the public. (3) A determination of the extent to which public notifications are delayed and an identification of corrective measures that do not add additional notification time. (4) An assessment of whether collaboration with other Federal offices, States, or private entities could reduce delays in notifications to the public. (5) A description of actions being undertaken to better identify critical steps in the hazards notification process that may be vulnerable to disruption or failure in the event of communication, technologic, or computational failure. | https://www.govinfo.gov/content/pkg/BILLS-117s3817is/xml/BILLS-117s3817is.xml |
117-s-3818 | II 117th CONGRESS 2d Session S. 3818 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Durbin (for himself, Mr. King , Ms. Smith , and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To expand the use of open textbooks in order to achieve savings for students and improve textbook price information.
1. Short title This Act may be cited as the Affordable College Textbook Act . 2. Findings Congress finds the following: (1) The high cost of college textbooks continues to be a barrier for many students in achieving higher education. (2) According to the College Board, during the 2021–2022 academic year, the average student budget for college books and supplies at 4-year public institutions of higher education was $1,240. (3) The Government Accountability Office found that new textbook prices increased 82 percent between 2002 and 2012 and that although Federal efforts to increase price transparency have provided students and families with more and better information, more must be done to address rising costs. (4) The growth of the internet has enabled the creation and sharing of digital content, including open educational resources that can be freely used by students, teachers, and members of the public. (5) According to the Student PIRGs, expanded use of open educational resources has the potential to save students more than a billion dollars annually. (6) Federal investment in expanding the use of open educational resources could significantly lower college textbook costs and reduce financial barriers to higher education, while making efficient use of taxpayer funds. (7) Educational materials, including open educational resources, must be accessible to the widest possible range of individuals, including those with disabilities. 3. Open textbook grant program (a) Definitions In this section: (1) 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 ). (2) Open educational resource The term open educational resource has the meaning given the term in section 133 of the Higher Education Act of 1965 ( 20 U.S.C. 1015b ). (3) Open textbook The term open textbook means an open educational resource or set of open educational resources that either is a textbook or can be used in place of a textbook for a postsecondary course at an institution of higher education. (4) Relevant faculty The term relevant faculty means both tenure track and contingent faculty members who may be involved in the creation or use of open textbooks created as part of an application under subsection (d). (5) Secretary The term Secretary means the Secretary of Education. (6) Supplemental material The term supplemental material has the meaning given the term in section 133 of the Higher Education Act of 1965 ( 20 U.S.C. 1015b ). (b) Grants authorized From the amounts appropriated under subsection (k), the Secretary shall make grants, on a competitive basis, to eligible entities to support projects that expand the use of open textbooks in order to achieve savings for students while maintaining or improving instruction and student learning outcomes. (c) Eligible entity In this section, the term eligible entity means an institution of higher education, a group of institutions of higher education, or States on behalf of institutions of higher education. (d) Applications (1) In general Each eligible entity desiring a grant under this section, after consultation with relevant faculty, shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include a description of the project to be completed with grant funds and— (A) a plan for promoting and tracking the use of open textbooks in postsecondary courses offered by the eligible entity, including an estimate of the projected savings that will be achieved for students; (B) a plan for evaluating, before creating new open textbooks, whether existing open textbooks could be used or adapted for the same purpose; (C) a plan for quality review and review of accuracy of any open textbooks to be created or adapted through the grant; (D) a plan for assessing the impact of open textbooks on instruction and student learning outcomes at the eligible entity; (E) a plan for disseminating information about the results of the project to institutions of higher education outside of the eligible entity, including promoting the adoption of any open textbooks created or adapted through the grant; and (F) a statement on consultation with relevant faculty, including those engaged in the creation of open textbooks, in the development of the application. (e) Special consideration In awarding grants under this section, the Secretary shall give special consideration to applications that demonstrate the greatest potential to— (1) achieve the highest level of savings for students through sustainable expanded use of open textbooks in postsecondary courses offered by the eligible entity; (2) expand the use of open textbooks at institutions of higher education outside of the eligible entity; and (3) produce— (A) the highest quality open textbooks; (B) open textbooks that can be most easily utilized and adapted by faculty members at institutions of higher education; (C) open textbooks that correspond to the highest enrollment courses at institutions of higher education; (D) open textbooks created or adapted in partnership with entities within institutions of higher education, including campus bookstores, that will assist in marketing and distribution of the open textbook; and (E) open textbooks that are accessible to students with disabilities. (f) Use of funds An eligible entity that receives a grant under this section shall use the grant funds to carry out any of the following activities to expand the use of open textbooks: (1) Professional development for any faculty and staff members at institutions of higher education, including the search for and review of open textbooks. (2) Creation or adaptation of open textbooks. (3) Development or improvement of supplemental materials and informational resources that are necessary to support the use of open textbooks, including accessible instructional materials for students with disabilities. (4) Research evaluating the efficacy of the use of open textbooks for achieving savings for students and the impact on instruction and student learning outcomes. (g) License For each open textbook, supplemental material, or informational resource created or adapted wholly or in part under this section that constitutes a new copyrightable work, the eligible entity receiving the grant shall release such textbook, material, or resource to the public under a non-exclusive, royalty-free, perpetual, and irrevocable license to exercise any of the rights under copyright conditioned only on the requirement that attribution be given as directed by the copyright owner. (h) Access and distribution The full and complete digital content of each open textbook, supplemental material, or informational resource created or adapted wholly or in part under this section shall be made available free of charge to the public— (1) on an easily accessible and interoperable website, which shall be identified to the Secretary by the eligible entity; (2) in a machine readable, digital format that anyone can directly download, edit with attribution, and redistribute; (3) in a format that conforms to accessibility standards under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), where feasible; and (4) with identifying information, including the title, edition, author, publisher, copyright date, and International Standard Book Number, if available. (i) Report Upon an eligible entity’s completion of a project supported under this section, the eligible entity shall prepare and submit a report to the Secretary regarding— (1) the effectiveness of the project in expanding the use of open textbooks and in achieving savings for students; (2) the impact of the project on expanding the use of open textbooks at institutions of higher education outside of the eligible entity; (3) open textbooks, supplemental materials, and informational resources created or adapted wholly or in part under the grant, including instructions on where the public can access each educational resource under the terms of subsection (h); (4) the impact of the project on instruction and student learning outcomes; and (5) all project costs, including the value of any volunteer labor and institutional capital used for the project. (j) Annual report to congress Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives detailing— (1) the open textbooks, supplemental materials, and informational resources created or adapted wholly or in part under this section; (2) the adoption of such open textbooks, including outside of the eligible entity; (3) the savings generated for students, States, and the Federal Government through projects supported under this section; and (4) the impact of projects supported under this section on instruction and student learning outcomes. (k) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. 4. Textbook price information Section 133 of the Higher Education Act of 1965 ( 20 U.S.C. 1015b ) is amended— (1) in subsection (b)— (A) by striking paragraph (6) and inserting the following: (6) Open educational resource The term open educational resource means a teaching, learning, or research resource that is offered freely to users in at least one form and that resides in the public domain or has been released under an open copyright license that allows for its free use, reuse, modification, and sharing with attribution. ; and (B) in paragraph (9), by striking textbook that and all that follows through the period at the end and inserting textbook that may include printed materials, computer disks, website access, and electronically distributed materials. ; (2) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by striking or other person or adopting entity in charge of selecting course materials and inserting or other person or entity in charge of selecting or aiding in the discovery and procurement of course materials ; (B) in subparagraph (A), by inserting such institution of higher education or to after would make the college textbook or supplemental material available to ; and (C) by adding at the end the following: (E) Whether the college textbook or supplemental material is an open educational resource. (F) For a college textbook or supplemental material delivered primarily in a digital format, a summary of terms and conditions under which a publisher collects and uses student data through the student’s use of such college textbook or supplemental material, including whether a student can opt out of such terms and conditions. ; (3) in subsection (d)— (A) in the subsection heading, by striking ISBN ; and (B) by striking paragraph (1) and inserting the following: (1) verify and disclose, on (or linked from) the institution's Internet course schedule, for each course listed in such course schedule, and in a manner of the institution's choosing (except that if the institution determines that the disclosure of the information described in this subsection is not practicable or available for a college textbook or supplemental material, then the institution shall indicate the status of such information in lieu of the information required under this subsection)— (A) the International Standard Book Number of required and recommended college textbooks and supplemental materials, except that if the International Standard Book Number is not available for such college textbook or supplemental material, then the institution shall include in the Internet course schedule the author, title, publisher, and copyright date for such college textbook or supplemental material; (B) the retail price of required and recommended college textbooks and supplemental materials; (C) any applicable fee information of required and recommended college textbooks and supplemental materials; (D) whether each required and recommended college textbook and supplemental material is an open educational resource; and (E) for a college textbook or supplemental material delivered primarily in a digital format, a link to the summary required to be provided by the publisher under subsection (c)(1)(F); and ; (4) by striking subsection (e) and inserting the following: (e) Availability of information for college bookstores (1) In general An institution of higher education receiving Federal financial assistance shall assist a college bookstore that is operated by, or in a contractual relationship or otherwise affiliated with, the institution, in obtaining required and recommended course materials information and such course schedule and enrollment information as is reasonably required to implement this section so that such bookstore may— (A) verify availability of such materials; (B) source lower cost options, including presenting lower cost alternatives to faculty for faculty to consider, when practicable; and (C) maximize the availability of format options for students. (2) Due dates In carrying out paragraph (1), an institution of higher education may establish due dates for faculty or departments to notify the campus bookstore of required and recommended course materials. ; and (5) in subsection (f)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5); and (B) by inserting after paragraph (2) the following: (3) available open educational resources; . 5. Sense of Congress It is the sense of Congress that institutions of higher education should encourage the consideration of open textbooks by faculty within the generally accepted principles of academic freedom that establishes the right and responsibility of faculty members, individually and collectively, to select course materials that are pedagogically most appropriate for their classes. 6. GAO report Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives on the cost of textbooks to students at institutions of higher education. The report shall particularly examine— (1) the implementation of section 133 of the Higher Education Act of 1965 ( 20 U.S.C. 1015b ), as amended by section 4, including— (A) the availability of college textbook and open educational resource information on course schedules; (B) the compliance of publishers with applicable requirements under such section; and (C) the costs and benefits to institutions of higher education and to students; (2) the change in the cost of textbooks; (3) the factors, including open textbooks, that have contributed to the change of the cost of textbooks; (4) the extent to which open textbooks are used at institutions of higher education; and (5) how institutions are tracking the impact of open textbooks on instruction and student learning outcomes. | https://www.govinfo.gov/content/pkg/BILLS-117s3818is/xml/BILLS-117s3818is.xml |
117-s-3819 | II 117th CONGRESS 2d Session S. 3819 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mrs. Murray (for herself and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish an Advanced Research Projects Authority for Health within the National Institutes of Health.
1. Short title This Act may be cited as the Advanced Research Project Authority for Health Act or the ARPA–H Act . 2. Advanced Research Projects Authority for Health Part E of title IV of the Public Health Service Act ( 42 U.S.C. 287 et seq. ) is amended by inserting after subpart 2 of such part the following: 3 Advanced research projects authority for health 483. Advanced Research Projects Authority for Health (a) Definitions In this section: (1) ARPA–H The term ARPA–H means the Advanced Research Projects Authority for Health established under subsection (b). (2) Director The term Director means the Director of ARPA–H appointed under subsection (c). (3) Other transactions The term other transactions has the meaning given such term in section 319L(a)(3). (b) Establishment of the Advanced Research Projects Authority for Health There is established within the National Institutes of Health the Advanced Research Projects Authority for Health, for purposes of— (1) supporting high-impact, cutting-edge research in biomedicine and broadly applicable breakthrough technologies that have the potential to significantly transform and advance areas of biomedical science and medicine in a manner that cannot readily be accomplished through traditional biomedical research or commercial activity; and (2) overcoming long-term and significant technological and scientific barriers to advancing such technologies in order to improve the prevention, diagnosis, mitigation, treatment, and cure of health conditions. (c) Director (1) In general ARPA–H shall be headed by a Director, who shall be appointed by the President. The Director shall report to the Director of NIH. (2) Qualifications The Director shall be an individual who, by reason of professional background and experience, is especially qualified to advise the Secretary on, and manage, research programs that advance the purposes of ARPA–H in promoting biomedical and novel technology innovation pursuant to this section, and who has a demonstrated ability to identify and develop partnerships to address strategic needs in meeting such purposes. (3) Appointment Notwithstanding section 405(a)(2), the Director shall be appointed for a period of 4 years. The President may extend the term of a Director for a period of up to 4 additional years. (4) Duties The Director shall— (A) establish strategic goals, objectives, and priorities for ARPA–H, pursuant to the purposes of ARPA–H described in subsection (b); (B) approve all new programs within ARPA–H and terminate any program within ARPA–H that is not achieving its goals; (C) establish criteria for funding and assessing the success of programs through the establishment of technical milestones; (D) ensure that applications for funding disclose current and previous research and development efforts, and identify any challenges associated with such efforts, including any scientific or technical barriers encountered in the course of such efforts or challenges in securing sources of funding, as applicable and appropriate, in pursuit of the technology area for which funding is requested; (E) facilitate coordination between the Department of Health and Human Services, relevant agencies within such Department, and other relevant Federal departments and agencies, with respect to research supported by ARPA–H; (F) support transformative, translational, applied, and advanced research in areas of biomedical science to address specific technical or scientific questions by— (i) prioritizing investments based on scientific potential and impact on the field of biomedicine, as described in subsection (b), especially in areas that require public-private partnerships in order to effectively advance research and development activities; (ii) translating scientific discoveries and cutting-edge innovation into technological advancements; (iii) encouraging opportunities to develop broadly applicable technologies, using a multi-disciplinary approach; and (iv) making investments in high-risk, high-reward research related to broadly applicable technologies, capabilities, and platforms that may have an application for medicine and health; (G) encourage strategic collaboration and partnerships with a broad range of entities, including institutions of higher education, industry, nonprofit organizations, or consortia of such entities, which may include federally funded research and development centers; and (H) ensure that the United States maintains global leadership in researching and developing health technologies. (d) Personnel (1) In general The Director shall establish and maintain within ARPA–H a staff with appropriate qualifications and expertise to enable ARPA–H to carry out the responsibilities under this section. (2) Program managers (A) In general The Director shall designate employees to serve as program managers for the programs established or supported pursuant to subsection (c)(4). (B) Responsibilities A program manager shall— (i) establish, in consultation with the Director, research and development goals for the program, including timelines and milestones, and make such goals available to the public; (ii) provide project oversight and management of strategic initiatives to advance the purpose of the program; (iii) encourage research collaborations, including by identifying and supporting applicable public-private partnerships; (iv) select the projects to be supported under the program after considering— (I) the novelty, scientific, and technical merit of the proposed projects; (II) the demonstrated capabilities of the applicants to successfully carry out the proposed project and achieve designated milestones within the applicable timeline; (III) the potential future commercial applications of the project proposed by the applicant; (IV) the degree to which the project addresses a scientific or technical question pursuant to subsection (c)(4)(F) and has the potential to transform biomedicine, as described in subsection (b); and (V) other criteria as established by the Director; (v) recommend program restructure, expansion, or termination of research projects or whole projects, as necessary and appropriate; and (vi) communicate with leaders in the health care and biomedical research and development fields, including from both the public and private sectors, representatives of patient organizations, institutions of higher education, and nonprofit organizations, to identify areas of need and scientific opportunity with the potential to transform biomedicine as described in subsection (b). (C) Term The term of a program manager shall be not more than 3 years, and, at the discretion of the Director, may be renewed for one additional period of up to 3 years. (3) Considerations The Director— (A) in designating employees to serve as program managers under paragraph (1), shall consider, as appropriate, individuals with demonstrated scientific expertise and management skills required to advance the purposes of ARPA–H, and who represent a diverse set of professional experiences or backgrounds, including individuals with experience in academia, industry, government, nonprofit organizations, or other sectors; and (B) in making appointments of personnel to staff or support ARPA–H, may consider other factors, as appropriate, such as populations that are traditionally underrepresented in the biomedical research enterprise. (4) Hiring (A) In general The Director may— (i) make or rescind appointments of scientific, medical, and professional personnel, without regard to any provision of title 5, United States Code governing appointments under the civil service laws and notwithstanding section 202 of the Department of Health and Human Services Appropriations Act, 1993 ( Public Law 102–394 ); and (ii) fix the compensation of such personnel at a rate to be determined by the Director, up to the amount of annual compensation (excluding expenses) specified in section 102 of title 3, United States Code. (B) Reporting The Director shall establish and maintain records regarding the use of the authority under subparagraph (A)(i), including— (i) the number of positions filled through such authority; (ii) the types of appointments of such positions; (iii) the titles, occupational series, and grades of such positions; (iv) the number of positions publicly noticed to be filled under such authority; (v) the number of qualified applicants who apply for such positions; (vi) the qualification criteria for such positions; and (vii) the demographic information of individuals appointed to such positions. (C) Reports to Congress Not later than one year after the date of enactment of the Advanced Research Project Authority for Health Act , and annually thereafter for each fiscal year in which such authority is used, the Director shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the total number of appointments filled under this subsection within the fiscal year and how the positions relate to the purposes of ARPA–H. (D) Private recruiting firms The Director may contract with private recruiting firms for the hiring of qualified technical staff to carry out this section. (E) Clarifications (i) Previous positions The Director shall ensure that the personnel who are appointed to staff or support ARPA–H are individuals who, at the time of appointment and for 3 years prior to such appointment, were not employed by the National Institutes of Health. (ii) Number of personnel The Director may appoint not more than 120 personnel under this section. The Director shall submit a notification to Congress if the Director determines that additional personnel are required to carry out this section. (F) GAO report Not later than 2 years after the date of enactment of the Advanced Research Project Authority for Health Act , the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the use of the authority provided under subparagraph (A)(i). Such report shall, in a manner that protects personal privacy, to the extent required by applicable Federal and State privacy law, at a minimum, include information on— (i) the number of positions publicly noticed and filled under the authority under this subsection; (ii) the occupational series, grades, and types of appointments of such positions; (iii) how such positions related to advancing the purposes of ARPA–H; (iv) how the Director made appointment decisions under this subsection; (v) sources used to identify candidates for filling such positions; (vi) the number of individuals appointed; (vii) aggregated demographic information related to individuals appointed; and (viii) any challenges, limitations, or gaps related to the use of the authority under this subsection and any related recommendations to address such challenges, limitations, or gaps. (e) Funding awards (1) In general In carrying out this section, the Director may award grants, contracts, cooperative agreements, cash prizes, and enter into other transactions, as described in paragraph (2). (2) Other transactions (A) Limitations on entering into other transactions (i) In general To the maximum extent practicable, competitive procedures shall be used when entering into other transactions to carry out projects under this section. (B) Written determinations required The authority of this paragraph may be exercised for a project if the project manager— (i) submits a proposal to the Director for each individual use of such authority before conducting or supporting a project, including why the use of such authority is essential to promoting the success of the project; (ii) receives approval for the use of such authority from the Director; and (iii) for each year in which the program manager has used such authority in accordance with this paragraph, submits a report to the Director on the activities of the program relating to such project. (3) Prize competitions The Director may utilize the authorities and processes established under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) to support prize competitions, in accordance with this section. (4) Federal demonstration of technologies The Director may seek opportunities to partner with procurement programs of Federal agencies to demonstrate technologies resulting from activities funded through ARPA–H. (5) Clarifications Research supported by this section shall not be subject to the requirements of section 406(a)(3)(A)(ii) or 492. (f) Coordination, collaboration, nonduplication, and consultation (1) Coordination To the maximum extent practicable, the Director shall ensure that the activities of ARPA–H are coordinated with, and do not duplicate the efforts of— (A) other programs within, or research conducted or supported by, the Department of Health and Human Services, including the National Institutes of Health and the Biomedical Advanced Research and Development Authority; and (B) other relevant efforts or research and development programs operated or overseen by other departments, agencies, or offices of the Federal Government. (2) Funding determinations The Director shall ensure that ARPA–H does not provide funding for a research program or project unless the applicant for such funding demonstrates that— (A) (i) such applicant has made sufficient unsuccessful attempts to secure private financing, and that there is a lack of significant private support for the program or project; or (ii) such program or project is in the best interests of the United States; and (B) such program or project has the potential to significantly transform and advance the field of biomedicine, as described in subsection (b). (3) Consultation In carrying out this section, the Director may seek input from— (A) the President’s Council of Advisors on Science and Technology; (B) representatives of professional or scientific organizations with expertise in specific technologies under consideration or development by ARPA–H; and (C) representatives of patient organizations, public health, innovators, and other public and private entities. (4) Enhanced collaboration and communication (A) In general In order to facilitate enhanced collaboration and communication with respect to the most current priorities of ARPA–H, the Food and Drug Administration may meet with ARPA–H and any other appropriate Federal partners, such as the Biomedical Advanced Research and Development Authority, at appropriate intervals, to discuss the development status, and actions that may be taken to facilitate the development, of medical products and projects that are the highest priorities to ARPA–H. (B) Relation to otherwise authorized activities of the Food and Drug Administration Utilizing interagency agreements or other appropriate resource allocation mechanisms available, the Director shall reimburse the Food and Drug Administration, as appropriate, for activities identified by the Commissioner of Food and Drugs and the Director as being conducted by the Food and Drug Administration under the authority of this section, using funds made available to ARPA–H. (g) Advisory Committee (1) In general There is established an ARPA–H Interagency Advisory Committee (referred to in this subsection as the Advisory Committee ) to coordinate efforts and provide advice and assistance on specific program or project tasks and the overall direction of ARPA–H. (2) Members The Advisory Committee established under paragraph (1) shall consist of the heads of the following agencies or their designees: (A) The National Institutes of Health. (B) The Centers for Disease Control and Prevention. (C) The Food and Drug Administration. (D) The Office of the Assistant Secretary for Preparedness and Response. (E) The Office of the Assistant Secretary of Health. (F) The Defense Advanced Research Projects Agency. (G) The Office of Science of the Department of Energy. (H) The National Science Foundation. (I) Any other agency with subject matter expertise that the Director of ARPA–H determines appropriate to advance programs or projects under this section. (3) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. (4) Advisory nature The functions of the Advisory Committee shall be advisory in nature, and nothing in this subsection shall be construed as granting such Committee authority over the activities authorized under this section. (5) Performance measures framework The Director, in consultation with the Advisory Committee, shall develop a performance measures framework for programs or projects supported by ARPA–H in order to inform and facilitate the evaluation required under subsection (m), including identification of any data needed to perform such evaluation, consistent with subsection (l). (h) Facilities (1) Authorities The Director is authorized to— (A) acquire (by purchase, lease, condemnation or otherwise), construct, improve, repair, operate, and maintain such real and personal property as are necessary to carry out this section; and (B) lease an interest in property for not more than 20 years, notwithstanding section 1341(a)(1) of title 31, United States Code. (2) Locations (A) In general ARPA–H, including its headquarters, shall not be located, including headquartered, inside of, or in close proximity to, the National Capital region, and shall not be located on any part of the National Institutes of Health campuses. (B) Considerations In determining the location of facilities, the Director shall consider the characteristics of the intended location and the extent to which such location will facilitate advancement of the ARPA–H purposes pursuant to subsection (b). (i) Rule of construction The authorities granted by this section— (1) are in addition to existing authorities granted to the Secretary; and (2) shall not be construed to modify or supersede any existing authorities. (j) Protection of information (1) In general Nothing in this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret, or other privileged or confidential information subject to section 552(b)(4) of title 5, United States Code, or section 1905 of title 18, United States Code. (2) Reporting One year after the date of enactment of the Advanced Research Project Authority for Health Act , and annually thereafter, the Director shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on— (A) the number of instances in which the Secretary has used the authority under this subsection to withhold information from disclosure; and (B) the nature of any request under section 552 of title 5, United States Code, or section 1905 of title 18, United States Code, that was denied using such authority. (k) Reports and strategic plans (1) Annual report As part of the annual budget request submitted for each fiscal year, the Director shall provide to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report that describes— (A) projects supported by ARPA–H during the previous fiscal year, and, with respect to each such project, the stage of development and details as to whether the project is meeting project milestones; (B) projects supported by ARPA–H in the previous fiscal year that were terminated, and the reasons for termination; (C) projects supported by ARPA–H during the previous fiscal year that examine topics and technologies closely related to other activities funded by the Department of Health and Human Services, including an analysis of whether in supporting such projects, the Director is in compliance with the requirements of this section; and (D) current, proposed, and planned projects to be carried out. (2) Strategic plan Not later than 180 days after the appointment of the first Director pursuant to subsection (c), and every 4 years thereafter, the Director shall provide to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a plan describing the strategic plan that ARPA–H will use to guide future investments over the following 4 fiscal years. Every 2 years after the date of submission of the initial plan, the Director shall submit a supplemental strategic plan that details any changes to such strategic vision, as appropriate. The requirements regarding individual institute and center strategic plans under section 402(m), including paragraph (3) of such subsection, shall not apply to ARPA–H. (l) National Academies of Sciences, Engineering, and Medicine evaluation (1) In general Not later than 3 years after the date of enactment of the Advanced Research Project Authority for Health Act , the Director shall seek to enter into a contract with the National Academies of Sciences, Engineering, and Medicine under which the National Academies conducts an evaluation of ARPA–H regarding the goals and purposes of ARPA–H and the degree to which the activities of ARPA–H support, and align with, such goals and purposes. (2) Inclusions The evaluation under paragraph (1) may include— (A) recommendations on how to improve upon the operation of, and projects carried out by, ARPA–H, which may include lessons learned from other advanced research and development agencies or authorities within the Department of Health and Human Services and in other departments, agencies, or offices of the Federal Government; (B) a description of lessons learned from the establishment and operation of ARPA–H, and the manner in which those lessons may apply to the operation of other programs of the Department of Health and Human Services; and (C) an analysis of whether any projects supported by ARPA–H were duplicative of other research programs supported by the Department of Health and Human Services or other another relevant Federal department or agency. (3) Availability Upon completion of the evaluation, the evaluation shall be submitted by the Director to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and made publicly available. (m) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027. (n) Additional budget clarification Any budget request for ARPA–H shall be separate from the other budget requests of the National Institutes of Health. . | https://www.govinfo.gov/content/pkg/BILLS-117s3819is/xml/BILLS-117s3819is.xml |
117-s-3820 | II 117th CONGRESS 2d Session S. 3820 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Blumenthal (for himself and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to increase the rate of pay for certain nurses and other medical positions of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Department of Veterans Affairs Nurse and Physician Assistant Retention And Income Security Enhancement Act or the VA Nurse and Physician Assistant RAISE Act . 2. Pay for nurses and certain other medical positions of the Department of Veterans Affairs Section 7451 of title 38, United States Code, is amended— (1) in subsection (a)(2)(C), by striking and physician assistant and inserting physician assistant, and podiatrist ; and (2) in subsection (c), by striking paragraph (2) and inserting the following: (2) The maximum rate of basic pay for any grade for a covered position may not exceed— (A) in the case of an advanced practice nurse, the maximum rate of basic pay established for positions in level I of the Executive Schedule under section 5312 of title 5; (B) in the case of a physician assistant, the maximum rate of basic pay established for positions in level I of the Executive Schedule under section 5312 of title 5; (C) in the case of a registered nurse, the maximum rate of basic pay established for positions in level II of the Executive Schedule under section 5313 of title 5; and (D) in the case of any other covered position, the maximum rate of basic pay established for positions in level IV of the Executive Schedule under section 5315 of title 5. . | https://www.govinfo.gov/content/pkg/BILLS-117s3820is/xml/BILLS-117s3820is.xml |
117-s-3821 | II 117th CONGRESS 2d Session S. 3821 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations to provide emergency assistance for the Community Development Fund for disaster response and recovery for the fiscal year ending September 30, 2022.
The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community planning and development COMMUNITY DEVELOPMENT FUND For an additional amount for Community Development Fund , $2,000,000,000, to remain available until expended, which shall be allocated and used under the same authority and conditions as the additional appropriations for fiscal year 2022 for Department of Housing and Urban Development—Community Planning and Development—Community Development Fund in title VIII of division B of the Extending Government Funding and Delivering Emergency Assistance Act ( Public Law 117–43 ): Provided , That up to $5,000,000 of the amounts provided under this heading in this Act may be used for capacity building, technical assistance, and necessary costs of administering funds under the heading Community Development Fund in this Act or any prior or future Act that makes amounts available for purposes related to major disasters under such heading: Provided further , That, after funds are allocated to the most impacted and distressed areas resulting from major disasters in 2020 and 2021, remaining amounts may be used for 2022 disasters under such same authority and conditions: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s3821is/xml/BILLS-117s3821is.xml |
117-s-3822 | II 117th CONGRESS 2d Session S. 3822 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Lankford (for himself, Mr. Cornyn , and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To prohibit the President from promulgating new oil and gas regulations until after Russian troops have withdrawn from Ukraine, and for other purposes.
1. Short title This Act may be cited as the Energy Regulations Certainty Act . 2. Findings Congress finds that— (1) the United States has a demonstrable history of providing assistance to allies of the United States when those allies face threats to democracy or are suffering as a result of geopolitical instability; (2) the invasion by the Russian Federation of the sovereign nation of Ukraine on February 24, 2022, threatens the energy security of Ukraine and other European allies; (3) Europe relies on Russia for approximately 40 percent of its natural gas and about 25 percent of its oil; (4) the United States has demonstrated in recent years that the United States is fully capable of— (A) producing sufficient energy resources domestically to become energy independent; (B) supplying energy resources to allies of the United States; and (C) providing stability in international energy markets; and (5) recent and prospective administrative actions jeopardize the ability of the United States to continue to serve the role described in paragraph (4), which is critical to the national security of the United States and allies of the United States. 3. Prohibition on new oil and gas regulations (a) Definitions In this section: (1) Covered action The term covered action means— (A) any provision of Executive Order 13990 ( 42 U.S.C. 4321 note; relating to protecting public health and the environment and restoring science to tackle the climate crisis) that would impact the cost of energy development; (B) any provision of Executive Order 14008 ( 42 U.S.C. 4321 note; relating to tackling the climate crisis at home and abroad) that would impact the cost of energy development; (C) the final decisions of the Administrator of the Environmental Protection Agency in the document entitled Review of the Ozone National Ambient Air Quality Standards (85 Fed. Reg. 87256 (December 31, 2020)); (D) the final decisions of the Administrator of the Environmental Protection Agency in the document entitled Review of the National Ambient Air Quality Standards for Particulate Matter (85 Fed. Reg. 82684 (December 18, 2020)); (E) the final rule of the Environmental Protection Agency entitled Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Reconsideration (85 Fed. Reg. 57398 (September 15, 2020)); (F) the updated policy statement of the Federal Energy Regulatory Commission entitled Updated Policy Statement on Certification of New Interstate Natural Gas Facilities (Docket No. PL18–1–000 (February 18, 2022); 87 Fed. Reg. 11548 (March 1, 2022)); (G) the interim policy statement of the Federal Energy Regulatory Commission entitled Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews (Docket No. PL21–3–000 (February 18, 2022)); (H) the final rule of the Environmental Protection Agency entitled Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review (85 Fed. Reg. 57018 (September 14, 2020)); (I) the final rule of the Corps of Engineers and the Environmental Protection Agency entitled The Navigable Waters Protection Rule: Definition of Waters of the United States (85 Fed. Reg. 22250 (April 21, 2020)); (J) Instruction Memorandum No. 2018–034 of the Department of the Interior entitled Updating Oil and Gas Leasing Reform—Land Use Planning and Lease Parcel Reviews (January 31, 2018); (K) the final rule of the Department of the Interior entitled Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands; Rescission of a 2015 Rule (82 Fed. Reg. 61924 (December 29, 2017)); (L) the document entitled Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990 , published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in February 2021; and (M) any action by the Board of Governors of the Federal Reserve System or other Federal financial regulator that would restrict access to capital or lending to companies in the oil and natural gas subsector of critical infrastructure. (2) Covered period The term covered period means the period— (A) beginning on the date of enactment of this Act; and (B) ending on the date that is 180 days after the date on which the President determines that the Russian Federation has withdrawn all troops from the territory of Ukraine. (b) Prohibitions (1) In general During the covered period, the President shall not carry out, promulgate any regulations pursuant to, or carry out any policy described in or required by, a covered action. (2) Reversion During the covered period— (A) all covered actions, including any regulations promulgated, or other agency actions taken, pursuant to the covered actions, shall have no force and effect; and (B) all applicable regulations and agency policies that were in effect on January 19, 2021, shall have full force and effect. 4. Keystone Pipeline TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada under the terms described in the Presidential Permit of March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)). 5. Sense of the Senate relating to natural gas exports and offshore oil and gas lease sales It is the sense of the Senate that— (1) the Secretary of Energy should act expeditiously to approve applications under subsection (a) of section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) to export natural gas from the United States to foreign countries not described in subsection (c) of that section; (2) the Attorney General should appeal the decision of the United States District Court for the District of Columbia in the memorandum opinion dated January 27, 2022, in Friends of the Earth v. Haaland, No. 1:21–cv–02317–RC; (3) not later than June 30, 2022, the Secretary of the Interior should approve a new final 5-year oil and gas leasing program under section 18(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(a) ) that includes at least as many lease sales as are included in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016); and (4) the Secretary of State should coordinate with the energy-producing allies of the United States to ensure that the resource needs of the energy-insecure allies of the United States are met. | https://www.govinfo.gov/content/pkg/BILLS-117s3822is/xml/BILLS-117s3822is.xml |
117-s-3823 | II 117th CONGRESS 2d Session S. 3823 IN THE SENATE OF THE UNITED STATES March 14, 2022 Mr. Grassley (for himself, Mr. Durbin , Mr. Whitehouse , and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 11, United States Code, to modify the eligibility requirements for a debtor under chapter 13, and for other purposes.
1. Short title This Act may be cited as the Bankruptcy Threshold Adjustment and Technical Corrections Act . 2. Bankruptcy amendments (a) CARES Act amendment Section 1113(a) of the CARES Act ( Public Law 116–136 ; 134 Stat. 310) is amended by striking paragraph (5). (b) Definition of small business debtor Section 101(51D)(B)(iii) of title 11, United States Code, is amended by striking an issuer and all that follows and inserting a corporation described in clause (ii). . (c) Adjustments for inflation (1) In general Section 104 of title 11, United States Code, is amended— (A) in subsection (a), by inserting 1182(1), after 707(b), ; and (B) in subsection (b), by inserting 1182(1), after 707(b), . (2) No adjustments in 2022 With respect to the adjustment of dollar amounts required on April 1, 2022, under section 104 of title 11, United States Code, as amended by paragraph (1), the Judicial Conference of the United States shall not adjust the dollar amount in effect under section 109(e) or 1182(1) of title 11, United States Code. (d) Who may be a debtor under chapter 13 Section 109 of title 11, United States Code is amended by striking subsection (e) and inserting the following: (e) Only an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated debts of less than $2,750,000 or an individual with regular income and such individual’s spouse, except a stockbroker or a commodity broker, that owe, on the date of the filing of the petition, noncontingent, liquidated debts that aggregate less than $2,750,000 may be a debtor under chapter 13 of this title. . (e) Definition of debtor Section 1182(1)(B) of title 11, United States Code, is amended— (1) in clause (i), by inserting under this title after affiliated debtors ; and (2) in clause (iii), by striking an issuer and all that follows and inserting a corporation described in clause (ii). . (f) Trustee Section 1183(b)(5) of title 11, United States Code, is amended— (1) by striking possession, perform and inserting “possession— (A) perform ; (2) in subparagraph (A), as so designated— (A) by striking , including operating the business of the debtor ; and (B) by adding and at the end; and (3) by adding at the end the following: (B) be authorized to operate the business of the debtor; . (g) Confirmation of plan Section 1191(c) of title 11, United States Code, is amended by striking paragraph (3) and inserting the following: (3) (A) The debtor will be able to make all payments under the plan; or (B) (i) there is a reasonable likelihood that the debtor will be able to make all payments under the plan; and (ii) the plan provides appropriate remedies, which may include the liquidation of nonexempt assets, to protect the holders of claims or interests in the event that the payments are not made. . (h) Technical corrections to the Bankruptcy Administration Improvement Act Section 589a of title 28, United States Code is amended— (1) in subsection (c) by striking subsection (a) and inserting subsections (a) and (f) ; and (2) in subsection (f)(1)— (A) in the matter preceding subparagraph (A), by striking subsections (b) and (c) and inserting subsection (b)(5) ; and (B) in subparagraph (A), by inserting needed to offset the amount after amounts . | https://www.govinfo.gov/content/pkg/BILLS-117s3823is/xml/BILLS-117s3823is.xml |
117-s-3824 | II 117th CONGRESS 2d Session S. 3824 IN THE SENATE OF THE UNITED STATES March 14, 2022 Mrs. Gillibrand (for herself, Mrs. Capito , Ms. Baldwin , 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 amend the Public Health Service Act to reauthorize a grant program for screening, assessment, and treatment services for maternal mental health and substance use disorders, and for other purposes.
1. Short title This Act may be cited as the Into the Light for Maternal Mental Health and Substance Use Disorders Act of 2022 or the Into the Light for MMH and SUD Act of 2022 . 2. Findings Congress finds the following: (1) Maternal mental health conditions are the most common complications of pregnancy and childbirth, affecting 1 in 5 women or 800,000 women annually, during pregnancy or the year following pregnancy. (2) Maternal mental health and substance use disorders contribute to the high rate of maternal mortality in the United States, with suicide and drug overdose combined being the leading cause of death for women in the first year following pregnancy. (3) Women who experience racial and economic inequities are 3 to 4 times more likely to be impacted by maternal mental health and other behavioral health disorders. (4) Untreated maternal mental health conditions and substance use disorders can have long-term negative impacts on the mother, baby, family, and society. (5) Mothers with untreated mental health conditions during pregnancy are more likely to have poor nutrition and struggle with substance use disorders, which can lead to poor birth outcomes for the baby. (6) Untreated maternal mental health conditions and substance use disorders can contribute to— (A) impaired parent-child interactions; (B) behavioral, cognitive, or emotional delays in the child; and (C) adverse childhood experiences that can negatively impact the child’s life. (7) Untreated maternal mental health conditions are estimated to cost the United States economy $14,000,000,000 or $32,000 per mother-infant pair every year in addressing poor health outcomes and accounting for lost wages and productivity of the mother. (8) Although the United States Preventive Services Task Force and several national medical organizations encourage health care providers to screen and treat maternal mental health conditions, 75 percent of women impacted remain untreated. (9) Frontline providers who care for women during pregnancy and the first year following pregnancy are often reluctant to screen for maternal mental health conditions, citing lack of education, insurance reimbursement, and resources for affected women. 3. Screening and treatment for a maternal mental health and substance use disorders (a) In general Section 317L–1 of the Public Health Service Act ( 42 U.S.C. 247b–13a ) is amended— (1) in the section heading, by striking maternal depression and inserting maternal mental health and substance use disorders ; and (2) in subsection (a)— (A) by inserting , Indian Tribes and Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act), and urban Indian organizations (as such term is defined in section 4 of the Indian Health Care Improvement Act) after States ; and (B) by striking for women who are pregnant, or who have given birth within the preceding 12 months, for maternal depression and inserting for women who are postpartum, pregnant, or have given birth within the preceding 12 months, for maternal mental health and substance use disorders . (b) Application Subsection (b) of section 317L–1 of the Public Health Service Act ( 42 U.S.C. 247b–13a ) is amended— (1) by striking a State shall submit and inserting an entity listed in subsection (a) shall submit ; and (2) in paragraphs (1) and (2), by striking maternal depression each place it appears and inserting maternal mental health and substance use disorders . (c) Priority Subsection (c) of section 317L–1 of the Public Health Service Act ( 42 U.S.C. 247b–13a ) is amended— (1) by striking may give priority to States proposing to improve or enhance access to screening and inserting the following: shall give priority to entities listed in subsection (a) that— (1) are proposing to create, improve, or enhance screening, prevention, and treatment ; (2) by striking maternal depression and inserting maternal mental health and substance use disorders ; (3) by striking the period at the end of paragraph (1), as so designated, and inserting a semicolon; and (4) by inserting after such paragraph (1) the following: (2) are currently partnered with, or will partner with, a community-based organization to address maternal mental health and substance use disorders; (3) are located in an area with high rates of adverse maternal health outcomes or significant health, economic, racial, or ethnic disparities in maternal health and substance use disorder outcomes; and (4) operate in a health professional shortage area designated under section 332. . (d) Use of funds Subsection (d) of section 317L–1 of the Public Health Service Act ( 42 U.S.C. 247b–13a ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking to health care providers; and and inserting on maternal mental health and substance use disorder screening, brief intervention, treatment (as applicable for health care providers), and referrals for treatment to health care providers in the primary care setting and nonclinical perinatal support workers; ; (B) in subparagraph (B), by striking to health care providers, including information on maternal depression screening, treatment, and followup support services, and linkages to community-based resources; and and inserting on maternal mental health and substance use disorder screening, brief intervention, treatment (as applicable for health care providers) and referrals for treatment, followup support services, and linkages to community-based resources to health care providers in the primary care setting and clinical perinatal support workers; and ; and (C) by adding at the end the following: (C) enabling health care providers (such as obstetrician-gynecologists, nurse practitioners, nurse midwives, pediatricians, psychiatrists, mental and other behavioral health care providers, and adult primary care clinicians) to provide or receive real-time psychiatric consultation (in-person or remotely), including through the use of technology-enabled collaborative learning and capacity building models (as defined in section 330N), to aid in the treatment of pregnant and postpartum women; and ; and (2) in paragraph (2)— (A) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; (B) in subparagraph (A), as redesignated, by striking and at the end; (C) in subparagraph (B), as redesignated— (i) by inserting , including before for rural areas ; and (ii) by striking the period at the end and inserting a semicolon; and (D) by inserting after subparagraph (B), as redesignated, the following: (C) providing assistance to pregnant and postpartum women to receive maternal mental health and substance use disorder treatment, including patient consultation, care coordination, and navigation for such treatment; (D) coordinating with maternal and child health programs of the Federal Government and State, local, and Tribal governments, including child psychiatric access programs; (E) conducting public outreach and awareness regarding grants under subsection (a); (F) creating multi-State consortia to carry out the activities required or authorized under this subsection; and (G) training health care providers in the primary care setting and nonclinical perinatal support workers on trauma-informed care, culturally- and linguistically-appropriate services, and best practices related to training to improve the provision of maternal mental health and substance use disorder care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. . (e) Additional provisions Section 317L–1 of the Public Health Service Act ( 42 U.S.C. 247b–13a ) is amended— (1) by redesignating subsection (e) as subsection (g); and (2) by inserting after subsection (d) the following: (e) Technical assistance The Secretary shall provide technical assistance to grantees and entities listed in subsection (a) for carrying out activities pursuant to this section. (f) Dissemination of best practices The Secretary, based on evaluation of the activities funded pursuant to this section, shall identify and disseminate evidence-based or evidence-informed best practices for screening, assessment, and treatment services for maternal mental health and substance use disorders, including culturally- and linguistically-appropriate services, for women during pregnancy and 12 months following pregnancy. . (f) Authorization of appropriations Subsection (g) of section 317L–1 ( 42 U.S.C. 247b–13a ) of the Public Health Service Act, as redesignated, is further amended— (1) by striking $5,000,000 and inserting $24,000,000 ; and (2) by striking 2018 through 2022 and inserting 2023 through 2028 . 4. Maternal mental health hotline Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–7. Maternal mental health hotline (a) In general The Secretary shall maintain, directly or by grant or contract, a national hotline to provide emotional support, information, brief intervention, and mental health and substance use disorder resources to pregnant and postpartum women at risk of, or affected by, maternal mental health and substance use disorders, and to their families or household members. (b) Requirements for hotline The hotline under subsection (a) shall— (1) be a 24/7 real-time hotline; (2) provide voice and text support; (3) be staffed by certified peer specialists, licensed health care professionals, or licensed mental health professionals who are trained on— (A) maternal mental health and substance use disorder prevention, identification, and intervention; and (B) providing culturally- and linguistically-appropriate support; and (4) provide maternal mental health and substance use disorder assistance and referral services to meet the needs of underserved populations, individuals with disabilities, and family and household members of pregnant or postpartum women at risk of experiencing maternal mental health and substance use disorders. (c) Additional requirements In maintaining the hotline under subsection (a), the Secretary shall— (1) consult with the Domestic Violence Hotline, National Suicide Prevention Lifeline, and Veterans Crisis Line to ensure that pregnant and postpartum women are connected in real-time to the appropriate specialized hotline service, when applicable; (2) conduct a public awareness campaign for the hotline; and (3) consult with Federal departments and agencies, including the Centers of Excellence of the Substance Abuse and Mental Health Services Administration and the Department of Veterans Affairs, to increase awareness regarding the hotline. (d) Annual report The Secretary shall submit an annual report to Congress on the hotline under subsection (a) and implementation of this section, including— (1) an evaluation of the effectiveness of activities conducted or supported under subsection (a); (2) a directory of entities or organizations to which staff maintaining the hotline funded under this section may make referrals; and (3) such additional information as the Secretary determines appropriate. (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2028. . | https://www.govinfo.gov/content/pkg/BILLS-117s3824is/xml/BILLS-117s3824is.xml |
117-s-3825 | II 117th CONGRESS 2d Session S. 3825 IN THE SENATE OF THE UNITED STATES March 14, 2022 Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 3903 Melear Drive in Arlington, Texas, as the Ron Wright Post Office Building .
1. Ron Wright Post Office Building (a) Designation The facility of the United States Postal Service located at 3903 Melear Drive in Arlington, Texas, shall be known and designated as the Ron Wright Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Ron Wright Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-117s3825is/xml/BILLS-117s3825is.xml |
117-s-3826 | II 117th CONGRESS 2d Session S. 3826 IN THE SENATE OF THE UNITED STATES March 14, 2022 Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 1304 4th Avenue in Canyon, Texas, as the Gary James Fletcher Post Office Building .
1. Gary James Fletcher Post Office Building (a) Designation The facility of the United States Postal Service located at 1304 4th Avenue in Canyon, Texas, shall be known and designated as the Gary James Fletcher Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Gary James Fletcher Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-117s3826is/xml/BILLS-117s3826is.xml |
117-s-3827 | II 117th CONGRESS 2d Session S. 3827 IN THE SENATE OF THE UNITED STATES March 14, 2022 Mr. Whitehouse introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase the amount of loan forgiveness available to teachers.
1. Short title This Act may be cited as the Teacher Loan Forgiveness Improvement Act of 2022 . 2. Increased loan forgiveness for teachers Section 428J(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(c) ) is amended— (1) in paragraph (1), by striking $5,000 and inserting $15,000 ; and (2) in paragraph (3), by striking $17,500 and inserting $30,000 . 3. Increased loan cancellation for teachers Section 460(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087j(c) ) is amended— (1) in paragraph (1), by striking $5,000 and inserting $15,000 ; and (2) in paragraph (3), by striking $17,500 and inserting $30,000 . 4. Application of amendments The amendments made by this Act shall apply with respect to any borrower who completes the fifth complete school year of teaching required for loan forgiveness under section 428J(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(b) ), or for loan cancellation under section 460(b) of such Act ( 20 U.S.C. 1087j(b) ), on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3827is/xml/BILLS-117s3827is.xml |
117-s-3828 | II 117th CONGRESS 2d Session S. 3828 IN THE SENATE OF THE UNITED STATES March 14, 2022 Mr. Whitehouse (for himself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide student loan forgiveness to health care workers who are on the front line in response to COVID–19.
1. Short title This Act may be cited as the Student Loan Forgiveness for Frontline Health Workers Act . 2. Federal student loan forgiveness for frontline health care workers (a) Forgiveness required Notwithstanding any other provision of law, the Secretary of Education shall carry out a program in accordance with this Act to forgive the outstanding balance of interest and principal due on the applicable eligible Federal student loans of borrowers who are frontline health care workers. (b) Method of loan forgiveness In carrying out the loan forgiveness program required under subsection (a), as soon as practicable after the Secretary of Education has confirmed that an applicant is a frontline health care worker who is a borrower of an eligible Federal student loan, the Secretary of Education shall— (1) through the holder of a loan, assume the obligation to repay the outstanding balance of interest and principal due on the applicable eligible Federal student loans of the borrower made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. ); and (2) cancel the outstanding balance of interest and principal due on the applicable eligible Federal student loans of the borrower made under part D or part E of such title. (c) Repayment refunds prohibited Nothing in this section shall be construed to authorize any refunding of any eligible Federal student loan repayment made before the date a borrower’s loans are forgiven in accordance with this section. (d) Exclusion from taxable income The amount of a borrower’s eligible Federal student loans forgiven under this section shall not be included in the gross income of the borrower for purposes of the Internal Revenue Code of 1986. (e) Notice to borrowers in statements With each billing statement sent to a borrower during the two-year period beginning on the 15th day after the date of enactment of this Act, the Secretary of Education shall include, and shall require each holder of eligible Federal student loans to include, a notice informing the borrower of the availability of the Federal student loan forgiveness and private student loan repayment programs for frontline health care workers under this Act, including where to find information about how to qualify as a frontline health care worker, how to apply to such programs, and the application deadline for such programs. 3. Private student loan repayment for frontline health care workers (a) Repayment required Notwithstanding any other provision of law, the Secretary of the Treasury shall carry out a program in accordance with this Act under which the Secretary of the Treasury shall repay in full the outstanding balance of principal and interest due on the applicable eligible private student loans of borrowers who are frontline health care workers. (b) Method of loan repayment In carrying out the program required under subsection (a), as soon as practicable after the Secretary of the Treasury has confirmed that an applicant is a frontline health care worker who is a borrower of an eligible private student loan, the Secretary of the Treasury shall pay to the private educational lender of each of the applicable eligible private student loans of the borrower an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of such applicable eligible private student loans, as calculated on the date of the repayment of such loans by the Secretary of the Treasury, in order to discharge the borrower from any remaining obligation to the private educational lender with respect to such applicable eligible private student loans. (c) Repayment refunds prohibited Nothing in this section shall be construed to authorize any refunding of any repayment of a loan made before the date a borrower’s loans are paid by the Secretary of the Treasury in accordance with this section. (d) Exclusion from taxable income The amount of a borrower’s eligible private student loans paid by the Secretary of the Treasury under this section shall not be included in the gross income of the borrower for purposes of the Internal Revenue Code of 1986. (e) Notice to borrowers in statements Section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) ) is amended by adding at the end the following new paragraph: (12) Notice required along with billing statements With each billing statement sent to the borrower during the two-year period beginning on the 15th day after the date of enactment of the Student Loan Forgiveness for Frontline Health Workers Act , the private educational lender shall include a notice informing the borrower of the availability of the Federal student loan forgiveness and private student loan repayment programs for frontline health care workers under the Student Loan Forgiveness for Frontline Health Workers Act , including where to find information about how to qualify as a frontline health care worker, how to apply to such programs, and the application deadline for such programs. . 4. Coordinated program requirements The Secretaries concerned shall jointly develop the programs required under section 2 and section 3 of this Act, and shall coordinate and consult with one another in carrying out such programs to ensure that— (1) determinations of eligibility are uniform and consistent across both programs; (2) frontline health care workers who are borrowers of both eligible Federal student loans and eligible private student loans may apply for both loan forgiveness under section 2 and loan repayment under section 3 with submission of only one application; (3) borrowers with outstanding eligible Federal student loans and borrowers with outstanding eligible private student loans are notified of the availability of both programs required under this Act; and (4) such programs are made available to frontline health care workers who were borrowers of eligible Federal student loans, eligible private student loans, or both, and who died as a result of the coronavirus, to relieve the families and estates of such deceased frontline health care workers of the burden of the student loans of the such workers. 5. Notice to the public Not later than 15 days after the date of enactment of this Act, the Secretaries concerned, in consultation with institutions of higher education and lenders and holders of Federal student loans and private education loans, shall take such actions as may be necessary to ensure that borrowers who have outstanding eligible Federal student loans, outstanding eligible private student loans, or both, are aware of the loan forgiveness and loan repayment programs authorized by this Act. Such information shall— (1) be presented in a form that is widely available to the public, especially to borrowers with eligible Federal student loans, eligible private student loans, or both; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness or loan repayment (or both) under this Act, borrowers must submit an application to the Secretaries concerned, and must do so during the application period described in section 6. 6. Application and determination of eligibility (a) Application period An individual may apply for loan forgiveness under section 2 , loan repayment under section 3 , or both, by submitting an application to the Secretaries concerned during the period that begins on the date that is 60 days after the date of enactment of this Act and that ends on the date that is 2 years after the end of the qualifying period. (b) Determination of eligibility (1) Development of application Not later than 60 days after the date of enactment of this Act, the Secretaries concerned shall jointly, in consultation with the Secretary of Health and Human Services and the Intergovernmental Working Group (in accordance with section 7 ), develop one application for borrowers of both eligible Federal student loans and eligible private student loans to apply for loan forgiveness or loan repayment, or both, under this Act. (2) Application requirements The application required under paragraph (1) may only include such information as is necessary for the Secretaries concerned to make a determination of whether the applicant— (A) is a frontline health care worker, without consideration of the period of time the applicant served as such a worker; and (B) is a borrower of an applicable eligible Federal student loan, an applicable eligible private student loan, or both. (3) Determination Not later than 30 days after the date on which the Secretaries concerned receive an application from an individual in accordance with this Act, the Secretaries concerned shall— (A) confirm that such individual is a frontline health care worker who is a borrower of an applicable eligible Federal student loan, an applicable eligible private student loan, or both, then notify the individual of such confirmation, and grant the individual loan forgiveness or loan repayment, or both, in accordance with sections 2 and 3 of this Act; or (B) determine that such individual is not a frontline health care worker who is a borrower of an applicable eligible Federal student loan, an eligible private student loan, or both, then deny such application, and provide a notification to the individual that includes— (i) that the application was denied; (ii) the reason for such denial; and (iii) if the application was denied because the Secretaries concerned determined that the applicant was not a frontline health care worker, an explanation that the individual may appeal the denial to the Intergovernmental Working Group within 30 days of the date of such denial, and information on how the applicant may submit such an appeal. (4) Treatment after successful appeal In the case that an individual appeals the denial of an application to the Intergovernmental Working Group in accordance with section 7 , and the individual is determined by the Intergovernmental Working Group to be a frontline health care worker, the Secretaries concerned shall grant the individual loan forgiveness or loan repayment, or both, in accordance with sections 2 and 3 of this Act not later than 30 days after the Secretaries concerned are notified of the outcome of the appeal by the Intergovernmental Working Group. 7. Intergovernmental Working Group (a) Establishment Not later than 30 days after the date of the enactment of this Act, the Secretaries concerned and the Secretary of Health and Human Services shall jointly establish an Intergovernmental Working Group to assist, in accordance with this section, with the administration of the programs required under this Act. (b) Membership The Intergovernmental Working Group shall have 9 members, of whom— (1) five members shall be selected by the Secretary of Health and Human Services from employees of the Department of Health and Human Services who are knowledgeable concerning the education, training, employment, and medical practices of health care professionals and the health care workforce; (2) two members shall be selected by the Secretary of Education from employees of the Department of Education who are knowledgeable concerning eligible Federal student loans and the administration of such loans; and (3) two members shall be selected by the Secretary of the Treasury from employees of the Department of the Treasury who are knowledgeable concerning eligible private student loans, the administration of such loans, and private educational lenders. (c) Duties The Intergovernmental Working Group established under this section shall— (1) develop a procedure or list of requirements to determine whether an individual has made significant contributions to the medical response to the qualifying emergency for purposes of determining whether the individual is a frontline health care worker as defined in section 9(1)(C); (2) determine what information an individual needs to provide for the Secretaries concerned to determine whether the individual has made significant contributions to the medical response to the qualifying emergency for purposes of determining whether the individual is a frontline health care worker as defined in section 9(1)(B) ; (3) not later than 15 days after the date on which the Council is established, report the information described in paragraphs (1) and (2) to the Secretaries concerned for inclusion in the application developed in accordance with section 6(b)(1) ; (4) not later than 60 days after the date on which the Council is established, develop a process by which— (A) an applicant who is denied loan forgiveness or loan repayment (or both) under this Act by the Secretaries concerned because of a determination that the applicant is not a frontline health care worker may, within 30 days of the date of such denial, submit an appeal of such denial to the Intergovernmental Working Group; and (B) the Intergovernmental Working Group will review the appeal and make a determination with respect to whether the applicant is a frontline health care worker; and (5) upon the request for an appeal by an applicant described in paragraph (4) , using the appeals process developed under such paragraph, determine within 30 days after submission of the appeal by the applicant, whether the applicant is a frontline health care worker, and notify the Secretaries concerned and the applicant of the outcome of such appeal within 15 days of such determination. 8. Termination of authority The authority of the Secretaries concerned to carry out the loan forgiveness program under section 2 and loan repayment program under section 3 , and the authority of the Intergovernmental Working Group to carry out the activities authorized under section 7 , shall cease on the date that is 180 days after the end date of the application period described in section 6(a) . 9. Definitions In this Act: (1) Applicable loan For the purposes of this Act, the term applicable loan , when used with respect to an eligible Federal student loan or an eligible private student loan, means— (A) in the case of a frontline health care worker who has obtained a graduate education degree or certificate— (i) any eligible Federal student loan for the graduate education of such worker (including a consolidation loan, to the extent that such consolidation loan was used to repay loans for graduate education); and (ii) any eligible private student loan for the graduate education of such worker; or (B) in the case of a frontline health care worker who has not obtained a graduate education degree or certificate— (i) any eligible Federal student loan for the undergraduate education of such worker (including a consolidation loan, to the extent that such consolidation loan was used to repay loans for undergraduate education), provided that such loan was used for undergraduate education in a relevant health care program of study that is necessary for an individual to enter or advance within the specific health care-related occupation of the worker; and (ii) any eligible private student loan for the undergraduate education of such worker, provided that such loan was used for undergraduate education in a relevant health care program of study that is necessary for an individual to enter or advance within the specific health care-related occupation of the worker. (2) Coronavirus The term coronavirus has the meaning given the term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ). (3) COVID-related health care services The term COVID-related health care services means any health care services that relate to— (A) the diagnosis, prevention, or treatment of the coronavirus, including through telehealth services; (B) the assessment or care of the health of a human being related to an actual or suspected case of the coronavirus, including through telehealth services; or (C) patient care in a setting where there is a reasonable expectation of risk of exposure to the coronavirus. (4) Eligible Federal student loan The term eligible Federal student loan means any loan made, insured, or guaranteed under part B, part D, or part E of title IV of the Higher Education Act of 1965 before the date of enactment of this Act, including a consolidation loan under such title. (5) Eligible private student loan The term eligible private student loan means a private education loan, as defined in section 140(a) of the Truth in Lending Act ( 15 U.S.C. 1650(a) ), that was expressly for the cost of attendance (as defined in section 472) at an institution of higher education participating in a loan program under part B, part D, or part E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), as of the date that the loan was disbursed, and that was made before the date of enactment of this Act. (6) Frontline health care worker The term frontline health care worker means an individual who, in exchange for payment or as a volunteer, for any period during a qualifying emergency— (A) is— (i) a doctor, medical resident, medical intern, medical fellow, nurse, home health care worker, mental health professional, or other health care professional who is licensed, registered, or certified under Federal or State law to provide health care services and who provides COVID-related health care services; (ii) a student enrolled at an institution of higher education in a medical, nursing, or other relevant health care program of study who provides COVID-related health care services; (iii) a laboratory worker who conducts, evaluates, or analyzes coronavirus testing; (iv) a medical researcher who conducts research related to the prevention, treatment, or cure of the coronavirus; or (v) an emergency medical services worker who responds to health emergencies or transports patients to hospitals or other medical facilities; or (B) does not meet the requirements of any of the clauses under subparagraph (A) , but is a health care professional who is licensed, registered, or certified under Federal or State law to provide health care and has made significant contributions to the medical response to the qualifying emergency. (7) Graduate education The term graduate education means a postbaccalaureate program of study at an institution of higher education that— (A) leads to a master’s degree; (B) leads to a doctoral degree; or (C) does not lead to a graduate degree, but awards or is necessary to obtain a professional certification or licensing credential that is required for employment. (8) Institution of higher education The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (9) Private educational lender The term private educational lender has the meaning given the term in section 140(a) of the Truth in Lending Act ( 15 U.S.C. 1650(a) ). (10) Qualifying emergency The term qualifying emergency means— (A) a public health emergency related to the coronavirus declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); (B) an event related to the coronavirus for which— (i) the President declared a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191); or (ii) the Governor of a State or territory of the United States declared an emergency; or (C) a national emergency related to the coronavirus declared by the President under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 et seq. ). (11) Secretaries concerned The term Secretaries concerned means— (A) the Secretary of Education, with respect to eligible Federal student loans and borrowers of such loans; and (B) the Secretary of the Treasury, with respect to eligible private student loans and borrowers of such loans. (12) Undergraduate education The term undergraduate education means a postsecondary program of study at an institution of higher education that— (A) leads to an associate’s degree; (B) leads to a baccalaureate degree; or (C) does not lead to an associate’s or baccalaureate degree, but awards or is necessary to obtain a certification or licensing credential that is required for employment. | https://www.govinfo.gov/content/pkg/BILLS-117s3828is/xml/BILLS-117s3828is.xml |
117-s-3829 | II 117th CONGRESS 2d Session S. 3829 IN THE SENATE OF THE UNITED STATES March 14, 2022 Mr. Cassidy (for himself, Mrs. Gillibrand , and Mr. Kennedy ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Administrator of the Federal Emergency Management Agency to make publicly available information regarding the calculation of premiums under the National Flood Insurance Program, and for other purposes.
1. Short title This Act may be cited as the Flood Insurance Pricing Transparency Act . 2. Premium calculator (a) Definitions In this section— (1) the term Administrator means the Administrator of the Federal Emergency Management Agency; (2) the term covered property means a property for which insurance is provided under the National Flood Insurance Program; (3) the term National Flood Insurance Program means the program established under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ); and (4) the term premium rates means chargeable premium rates prescribed under section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 ). (b) Requirements The Administrator shall— (1) not later than 60 days after the date of enactment of this Act, make public all formulas used by the Administrator to calculate the value of mitigation credits provided with respect to covered properties, including, at a minimum, credits for— (A) installing a flood opening; (B) elevating such a property onto a post, pile, or pier; and (C) elevating machinery and equipment above the lowest floor of such a property; and (2) not later than 90 days after the date of enactment of this Act, establish a tool that allows members of the public to estimate premium rates for covered properties under the Risk Rating 2.0 program (or any similar methodology) within a reasonable margin of error based on user inputs, which shall include a mechanism for determining how the premium rates for a covered property would change based on taking a particular mitigation action, including an action described in subparagraph (A), (B), or (C) of paragraph (1) with respect to the covered property. | https://www.govinfo.gov/content/pkg/BILLS-117s3829is/xml/BILLS-117s3829is.xml |
117-s-3830 | II 117th CONGRESS 2d Session S. 3830 IN THE SENATE OF THE UNITED STATES March 14, 2022 Mr. Luján (for himself, Ms. Lummis , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require original equipment manufacturers of digital electronic equipment to make available certain documentation, diagnostic, and repair information to independent repair providers, and for other purposes.
1. Short title This Act may be cited as the Fair Repair Act . 2. Requirement to make diagnostic, maintenance, and repair equipment available to independent repair providers In the case of digital electronic equipment manufactured by or on behalf of, sold, or otherwise supplied by an original equipment manufacturer, the original equipment manufacturer shall make available, for the purposes of diagnosis, maintenance, or repair of such equipment, to independent repair providers and owners of such equipment on fair and reasonable terms, documentation, parts, and tools, inclusive of any updates. 3. Enforcement (a) Enforcement by the Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Commission (A) In general The Commission shall enforce this Act and any regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act, and any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (B) Regulations The Commission may, under section 553 of title 5, United States Code, prescribe any regulations it determines necessary to carry out this Act. (C) Effect on other laws Nothing in this Act 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 If the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating section 2, the attorney general, official, or agency of the State, in addition to any authority it may have to bring an action in State court under its consumer protection law, may bring a civil action in any appropriate United States district court or in any other court of competent jurisdiction, including a State court, to— (A) enjoin further such violation by such person; (B) enforce compliance with such section; (C) obtain civil penalties; and (D) obtain damages, restitution, or other compensation on behalf of residents of the State. (2) Notice and intervention by the FTC The attorney general (or other such officer) of a State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action. The Commission shall have the right— (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (3) Limitation on State action while Federal action is pending If the Commission has instituted a civil action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (4) Relationship with State law claims If the attorney general of a State has authority to bring an action under State law directed at acts or practices that also violate this Act, the attorney general may assert the State law claim and a claim under this Act in the same civil action. 4. Rules of construction, limitations, and non-application The following rules of construction, limitations, and non-application provisions apply to this Act: (1) Security-related functions not excluded For digital electronic equipment that contains an electronic security lock or other security-related function, the original equipment manufacturer shall make available to the owner and to independent repair providers, on fair and reasonable terms, any special documentation, tools, and parts needed to disable the lock or function, and to reset it when disabled in the course of diagnosis, maintenance, or repair of the equipment. (2) Protection of trade secrets Nothing in this Act shall be construed to require an original equipment manufacturer to divulge a trade secret, as defined in section 1839 of title 18, United States Code, to an owner or an independent repair provider except as necessary to provide documentation, parts, and tools on fair and reasonable terms. (3) Terms of agreement with authorized repair providers Notwithstanding any law, rule, or regulation to the contrary, no provision in this Act shall be construed to abrogate, interfere with, contradict, or alter the terms of any arrangement described in section 5(1)(A), including the performance or provision of warranty or recall repair work by an authorized repair provider on behalf of an original equipment manufacturer pursuant to such arrangement, except that any provision in such terms that purports to waive, avoid, restrict, or limit an OEM's obligations to comply with this Act shall be void and unenforceable. (4) Non-application to motor vehicle or motor vehicle equipment manufacturers Nothing in this Act shall apply to a motor vehicle manufacturer, a manufacturer of motor vehicle equipment, or a motor vehicle dealer, acting in that capacity. (5) Non-application to manufacturers of medical devices Nothing in this Act shall apply to a manufacturer of a medical device, acting in that capacity. 5. Definitions In this Act, the following definitions apply: (1) Authorized repair provider (A) In general The term authorized repair provider means with respect to an OEM, a person that is unaffiliated with the OEM and that— (i) has an arrangement with the OEM in which the OEM grants to a person license to use a trade name, service mark, or other proprietary identifier for the purposes of offering the services of diagnosis, maintenance, or repair of digital electronic equipment under the name of the OEM; or (ii) has an arrangement with the OEM to offer such services on behalf of the OEM. (B) Clarification An OEM that offers the services of diagnosis, maintenance, or repair of digital electronic equipment manufactured by it or on its behalf, or sold or otherwise supplied by the OEM, and who does not have an arrangement described in subparagraph (A) with an unaffiliated person with respect to providing such services for such equipment, shall be considered an authorized repair provider with respect to such equipment. (2) Digital electronic equipment The term digital electronic equipment means any product that depends for its functioning, in whole or in part, on digital electronics embedded in or attached to the product. (3) Documentation The term documentation means any manuals, diagrams, reporting output, service code descriptions, schematic, security code or password, or other information used in effecting the services of diagnosis, maintenance, or repair of digital electronic equipment. (4) Fair and reasonable terms The term fair and reasonable terms , with respect to a part, tool, or documentation, means at costs and terms that are equivalent to the most favorable costs and terms under which an OEM offers the part, tool, or documentation to an authorized repair provider— (A) accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the OEM offers to an authorized repair provider, or any additional cost, burden, or impediment the OEM imposes on an owner or independent repair provider; (B) not conditioned on or imposing a substantial obligation or restriction that is not reasonably necessary for enabling the owner or independent repair provider to engage in the diagnosis, maintenance, or repair of digital electronic equipment made by or on behalf of the OEM; and (C) not conditioned on an arrangement described in paragraph (1)(A). (5) Independent repair provider (A) In general The term independent repair provider means with respect to an OEM, a person that is not affiliated with the OEM or with an authorized repair provider of the OEM, when such person is engaged in the diagnosis, maintenance, or repair of digital electronic equipment manufactured by or on behalf of, sold, or otherwise supplied by the OEM. (B) Clarification An OEM or, with respect to that OEM, a person who has an arrangement described in paragraph (1)(A) with that OEM, or who is affiliated with a person who has such an arrangement with that OEM, shall be considered an independent repair provider for the purposes of those instances when such OEM or person engages in the diagnosis, service, maintenance, or repair of digital equipment that is not manufactured by or sold under the name of that OEM. (6) Medical device The term medical device has the meaning given the term device under section 201(h) of the Federal Food, Drug and Cosmetic Act ( 21 U.S.C. 321(h) ). (7) Motor vehicle (A) In general The term motor vehicle means a vehicle that is designed for transporting persons or property on a street or highway and is certified by the manufacturer under all applicable Federal safety and emissions standards and requirements for distribution and sale in the United States. (B) Exclusions The term motor vehicle does not include— (i) a motorcycle; or (ii) a recreational vehicle or an auto home equipped for habitation. (8) Motor vehicle dealer The term motor vehicle dealer means a person who— (A) is engaged in the business of selling or leasing new motor vehicles to another person pursuant to a franchise agreement; (B) has obtained a license to engage in such business under the applicable State law; and (C) is engaged in the services of diagnosis, maintenance, or repair of motor vehicles or motor vehicle engines pursuant to such franchise agreement. (9) Motor vehicle manufacturer The term motor vehicle manufacturer means a person engaged in the business of manufacturing or assembling new motor vehicles. (10) Original equipment manufacturer; OEM The term original equipment manufacturer or OEM means any person who is engaged in the business of selling, leasing, or otherwise supplying new digital electronic equipment or parts of equipment manufactured by or on behalf of itself, to any person. (11) Owner The term owner means a person who owns or leases digital electronic equipment. (12) Part The term part means any replacement part, either new or used, made available by or to an OEM for purposes of effecting the services of maintenance or repair of digital electronic equipment manufactured by or on behalf of, sold, or otherwise supplied by the OEM. (13) Tools The term tools means any software program, hardware implement, or other apparatus used for diagnosis, maintenance, or repair of digital electronic equipment, including software or other mechanisms that provision, program, or pair a part, calibrate functionality, or perform any other function required to bring the equipment back to fully functional condition. 6. Effective date This Act shall take effect 60 days after the date of enactment of this Act and shall apply with respect to equipment sold or in use on or after the effective date of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3830is/xml/BILLS-117s3830is.xml |
117-s-3831 | II 117th CONGRESS 2d Session S. 3831 IN THE SENATE OF THE UNITED STATES March 14, 2022 Mr. Braun (for himself and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the National Academies of Sciences, Engineering, and Medicine to conduct a study relating to COVID–19 immunity resulting from a prior infection, vaccination, or both, and the COVID–19 pandemic.
1. Short title This Act may be cited as the Apply the Science Act 2.0 . 2. National Academies of Sciences, Engineering, and Medicine study on natural immunity in relation to the COVID–19 pandemic (a) In general Not later than 45 days after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into a contract with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies ) to conduct a study related to the current scientific evidence on the durability of immunity to COVID–19. (b) Inclusions The study pursuant to the contract under subsection (a) shall include— (1) an assessment of scientific evidence related to the durability of immunity resulting from SARS–CoV–2 infection, COVID–19 vaccination, or both, including any differences between population groups; (2) an assessment of the extent to which the Federal Government makes publicly available the scientific evidence used by relevant Federal departments and agencies to inform public health recommendations related to immunity resulting from SARS–CoV–2 infection and COVID–19 vaccination; and (3) a summary of scientific studies and evidence related to SARS–CoV–2 infection-acquired immunity from a sample of other countries or multilateral organizations. (c) Report Not later than 18 months after the date of enactment of this Act, the National Academies shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the study pursuant to subsection (a). (d) Authorization of appropriation There is authorized to be appropriated such sums as may be necessary for fiscal year 2023 to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3831is/xml/BILLS-117s3831is.xml |
117-s-3832 | II 117th CONGRESS 2d Session S. 3832 IN THE SENATE OF THE UNITED STATES March 14, 2022 Mr. Braun (for himself and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services, and any applicable agency within the Department of Health and Human Services, to make public information relating to the origin of COVID–19.
1. Short title This Act may be cited as the COVID–19 Origin Disclosure Act of 2022 . 2. Sense of Congress It is the sense of Congress that— (1) identifying the origin of Coronavirus Disease 2019 (COVID–19) is critical for preventing a similar pandemic from occurring in the future; (2) there is reason to believe the COVID–19 pandemic may have originated at the Wuhan Institute of Virology; and (3) the Secretary of Health and Human Services has a responsibility to make available to the public as much information as possible about the origin of COVID–19 so the United States and like-minded countries can— (A) identify the origin of COVID–19 as expeditiously as possible, and (B) use that information to take all appropriate measures to prevent a similar pandemic from occurring again. 3. Public release of information related to the origin of COVID–19 Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall— (1) publish any and all information relating to potential links between the Wuhan Institute of Virology and the origin of the Coronavirus Disease 2019 (COVID–19), including— (A) any coordination conducted by the Department of Health and Human Services with entities in China performing research on coronaviruses, including by disclosing any funding of such research by the Department; and (B) any research or literature review produced by employees of the Department of Health and Human Services about the potential origin of COVID–19; and (2) submit to Congress a report that contains all of the information described under paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s3832is/xml/BILLS-117s3832is.xml |
117-s-3833 | II 117th CONGRESS 2d Session S. 3833 IN THE SENATE OF THE UNITED STATES March 14, 2022 Mr. Sanders introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To end the antitrust safe harbor for baseball cartels.
1. Short title This Act may be cited as the Save American Baseball Act . 2. Findings Congress finds the following: (1) Major League Baseball is an organization controlled by a number of billionaires who are more concerned with increasing their wealth and profits than with strengthening our national pastime. (2) Recently, Major League Baseball has exploited its monopoly control over America’s pastime and hurt players, families, and communities to increase their already high level of profits. (3) In December 2021, Major League Baseball locked players out and refused to bargain in good faith in an attempt to break the players’ union. (4) In March 2022, Major League Baseball threatened players with a delay of the 2022 baseball season to force them into an unfair contract deal. (5) The actions of Major League Baseball have not only threatened players, but also the livelihood of thousands of stadium workers and communities across the United States. (6) In 2021, Major League Baseball revoked the affiliation of more than 40 Minor League Baseball teams, causing needless economic pain and suffering and breaking the hearts of fans in small- and mid-sized towns all over the United States. (7) Rising Major League Baseball ticket prices are increasingly unaffordable for working class families. (8) The anticompetitive grip of Major League Baseball on the sport, its players, its workers, and its communities must end. 3. Definition In this Act, the term antitrust laws — (1) has the meaning given the term in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12 ); and (2) includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that such section applies to unfair methods of competition. 4. Professional baseball subject to antitrust laws (a) Removal of exemption Persons in the business of organized professional baseball shall not be exempt from the antitrust laws. (b) Repeal Section 27 of the Clayton Act ( 15 U.S.C. 26b ) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s3833is/xml/BILLS-117s3833is.xml |
117-s-3834 | II 117th CONGRESS 2d Session S. 3834 IN THE SENATE OF THE UNITED STATES March 14, 2022 Mr. Braun (for himself and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To strengthen medical device supply chains.
1. Strengthening medical device supply chains (a) In general Section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ) is amended— (1) in the flush text at the end of subsection (a)— (A) by inserting or of any other circumstance that is likely to lead to a meaningful disruption in the supply of the device or a shortage of the device, and there is no other available device that could reasonably be substituted for that device in the United States before the period; and (B) by adding at the end the following: The Secretary shall develop and publish a list of device product codes required to comply with this subsection, and update the list every 3 years, or in response to a public health emergency. ; (2) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; (3) by inserting after subsection (g) the following: (h) Risk management plans Each manufacturer of a device that is included on the list described in subsection (a), shall develop, maintain, and, as appropriate, implement a risk management plan that identifies and evaluates risks to the supply of the device, as applicable, for each establishment in which such device is manufactured. A risk management plan under this subsection— (1) may identify and evaluate risks to the supply of more than one device, or device category, manufactured at the same establishment; and (2) shall be subject to inspection and copying by the Secretary pursuant to section 704 or at the request of the Secretary. ; (4) in subsection (f), by inserting or (i) after subsection (a) ; and (5) by inserting after subsection (h), as added by paragraph (3), the following: (i) Additional notifications The Secretary may receive voluntary notifications from a manufacturer of a device that is life-supporting, life-sustaining, or intended for use in emergency medical care or during surgery, or any other device the Secretary determines to be critical to the public health, pertaining to a permanent discontinuance in the manufacture of the device (except for any discontinuance as a result of an approved modification of the device) or an interruption of the manufacture of the device that is likely to lead to a meaningful disruption in the supply of that device in the United States, and the reasons for such discontinuance or interruption. ; and (6) in subsection (j) (as so redesignated by paragraph (2))— (A) by striking shall be construed to affect and inserting the following: “shall be construed— (1) to affect ; (B) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (2) to grant the Secretary the authority to— (A) require specific design, management, implementation, or updating of risk management plans; (B) assess performance or compliance with a risk management plan, under subsection (h); or (C) require notification under subsection (i). . (b) Report Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the use of information manufacturers submit pursuant to section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ) and applicable guidance issued with respect to such section, and any actions taken by the Secretary to mitigate or prevent a device shortage. (c) Guidance on voluntary notifications of discontinuance or interruption of device manufacture Not later than 1 year after the date of enactment of this Act, the Secretary shall issue draft guidance to facilitate voluntary notifications under subsection (i) of section 506J of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356j ), as added by subsection (a). Such guidance shall include a description of circumstances in which a voluntary notification under such subsection (i) may be appropriate, recommended timeframes within which sponsors may submit such a notification, the process for receiving such notifications, and actions the Secretary may take to mitigate or prevent a shortage resulting from a discontinuance or interruption in the manufacture of a device for which such notification is received. The Secretary shall issue final guidance not later than 1 year after the close of the comment period for the draft guidance. | https://www.govinfo.gov/content/pkg/BILLS-117s3834is/xml/BILLS-117s3834is.xml |
117-s-3835 | II 117th CONGRESS 2d Session S. 3835 IN THE SENATE OF THE UNITED STATES March 14, 2022 Ms. Smith introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To develop and disseminate accurate, relevant, and accessible resources to promote understanding about Native American and Tribal histories.
1. Short title This Act may be cited as the Native Histories and Cultures Education Act of 2022 . 2. Findings Congress finds the following: (1) Native American peoples are a vital part of our Nation’s past and present. (2) Native American peoples have made significant contributions to the United States and continue to serve as leaders in communities across the Nation and with distinction as public servants, scholars, scientists, entrepreneurs, artists, authors, and in many other professions and specialties. (3) The United States has a unique government-to-government relationship with Indian Tribes and treaty-based trust responsibilities owed to Native American peoples and Indian Tribes. (4) Congress has played a critical role in recognizing the cultures and contributions of Native American peoples throughout the history of the United States by establishing the National Museum of the American Indian in 1989 to— (A) advance the study of Native American language, literature, history, art, anthropology, and life; and (B) provide for Native American research and study programs. (5) Indian Tribes, Tribal Colleges and Universities, Native American organizations, and Native American communities have worked diligently to bring accurate Native American histories and culturally informed educational opportunities to American classrooms. (6) Washington, Oregon, Montana, Arizona, New Mexico, Wisconsin, Maine, Connecticut, Virginia, Florida, Minnesota, and Hawaii include Native American education in content standards for kindergarten through grade 12 education. (7) It is important for students in the United States to have a complete and accurate education about— (A) the experience of Native American peoples in the United States today and throughout history; (B) the Federal Government’s adoption of the relocation, termination, and other discriminatory and genocidal policies, including the Indian Boarding School Policy, and similar policies employed in the Territory of Hawaii, to strip American Indian, Alaska Native, and Native Hawaiian children of their indigenous identities, language, and culture; (C) the unique government-to-government relationship between the Federal Government and Indian Tribes; and (D) the Federal Government’s treaty-based trust responsibilities to Native American peoples and Indian Tribes. (8) The Federal Government can improve the representation of Native American peoples, their histories, and their contributions, as well as the unique relationship between Indian Tribes and the Federal Government in more classrooms by supporting community-based curricula development. 3. Definitions In this Act: (1) Base curriculum The term base curriculum means a nationally focused curriculum on Native histories and cultures developed by the Director of the Museum under section 5(a)(1). (2) Eligible entity The term eligible entity means a partnership that— (A) shall include a State educational agency and 1 or more Indian Tribes, Tribal organizations, or Native Hawaiian education organizations; (B) may include 1 or more local educational agencies; and (C) may include 1 or more Tribal educational agencies. (3) Indian Tribe The term Indian Tribe means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually recognized (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (4) 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 ). (5) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Museum The term Museum means the National Museum of the American Indian. (7) Native American The term Native American has the meaning given the term in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). (8) Native Hawaiian education organization The term Native Hawaiian education organization has the meaning given the term in section 6207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 ). (9) Native histories and cultures The term Native histories and cultures means accurate, fact-based, and thorough information about the histories and cultures of Native American peoples prior to the first European contact, during the colonization of North America, and until the present date. (10) Native histories and cultures education program The term Native histories and cultures education program means a program that— (A) has as its specific and primary purpose to— (i) improve awareness and understanding of the experiences of Native American peoples and Native histories and cultures; and (ii) describe and educate individuals on the structures of Indian Tribes as sovereign entities with separate executive, legislative, and judicial government structures; (B) uses the base curriculum; and (C) incorporates local and regionally appropriate information on the histories and cultures of Indian Tribes and Native American peoples in that area that is developed in consultation with such Indian Tribes and Native American peoples. (11) Professional development The term professional development has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (12) State educational agency The term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (13) Tribal educational agency The term Tribal educational agency has the meaning given the term in section 6132(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452 ). (14) Tribal organization The term Tribal organization means a tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). 4. Purposes The purposes of this Act are to— (1) expand the Museum’s educational efforts and develop and make freely accessible base curriculum resources and materials that— (A) have been developed after significant consultation, engagement, and coordination with Indian Tribes, Tribal organizations, and stakeholders representing Native American peoples and interests, including Native Hawaiian education organizations; and (B) are available for students, educators, parents, and interested individuals and groups; (2) support partnerships among States, Indian Tribes, Tribal organizations, and Native Hawaiian education organizations to develop additional educational resources and materials related to Native histories and cultures that are local and regionally specific; and (3) provide opportunities for State educational agencies to implement Native histories and cultures education programs built around the base curriculum provided by the Museum with additional locally and regionally appropriate information. 5. Native histories and cultures education program (a) Solicitation of feedback and development of base curriculum for Native histories and cultures (1) In general The Director of the Museum shall— (A) for a period of not less than 9 months, regarding the learning objectives and development of the base curriculum on Native histories and cultures under subparagraph (B)— (i) engage in robust and active consultation with Indian Tribes and Tribal organizations; and (ii) solicit comments from organizations representing the interests of Native American peoples in the United States, and any other relevant stakeholders, including Native Hawaiian education organizations; (B) develop, not later than 1 year after the end of the period described in subparagraph (A), a base curriculum on Native histories and cultures that— (i) is appropriate for all grade levels of elementary school and secondary school education; (ii) includes the significant contributions Native Americans have made to the Nation as leaders in their communities and States, and as scholars, scientists, entrepreneurs, artists, authors, educators, and in other fields; (iii) explains the unique government-to-government relationship between the Federal Government and Indian Tribes and the trust and treaty-based responsibilities owed to Native American peoples and Indian Tribes; (iv) includes the important role Native American peoples have played in the history of the United States and through present day; (v) teaches the experiences of Native American peoples in the United States today and throughout history, including the Federal Government’s adoption of the Indian Boarding School Policy, and similar policies employed in the Territory of Hawaii, to strip American Indian, Alaska Native, and Native Hawaiian children of their indigenous identities, language, and culture; and (vi) includes other appropriate subjects that will enable people to understand and appreciate the histories, cultures, and perspectives of Native American peoples and how such histories, cultures, and perspectives have and will continue to be part of the fabric of the United States; (C) make available for public comment the base curriculum and make adjustments as appropriate; (D) engage in outreach promoting the availability of the base curriculum to educators, State educational agencies, local educational agencies, Indian Tribes, Tribal organizations, Native Hawaiian education organizations, educator preparation programs, groups involved with the provision of professional development for educators, and other interested stakeholders, which may include making materials accessible, at no charge, to educators through means and services that educators frequently use to access educational materials; (E) make the base curriculum and any updates to the curriculum developed under this paragraph publicly available, at no charge, on the Museum’s website and through other means; (F) provide technical assistance to eligible entities, State educational agencies, local educational agencies, Tribal educational agencies, and educators; (G) solicit public comment from Indian Tribes, Tribal organizations, and organizations representing the interests of Native American peoples in the United States, including Native Hawaiian education organizations, local educational agencies, State educational agencies, educators, or other entities utilizing the base curriculum made freely available under subparagraph (E) to assess the success of its implementation and collect data used for reporting to Congress under section 6; (H) provide mechanisms to accept feedback and comment continuously, and make revisions and updates to the base curriculum periodically; and (I) formally make revisions and updates to the base curriculum based upon feedback and comments under this paragraph, 1 and 2 years after initial implementation and, as appropriate, periodically thereafter. (2) Inclusion of available materials In developing the base curriculum under paragraph (1), the Director of the Museum may use or incorporate any educational material available through the Museum as of the date of enactment of this Act. (3) Coordination The Director of the Institute of Museum and Library Services shall make available any educational material or resources requested by the Director of the Museum to develop the base curriculum under paragraph (1). (b) Grants authorized (1) In general Upon completion of the initial development of the base curriculum under subsection (a)(1)(B), the Director of the Museum shall award grants to eligible entities— (A) to use the base curriculum to develop and plan Native histories and cultures education programs that are locally and regionally specific; and (B) to implement such programs in elementary schools and secondary schools served by the eligible entity. (2) Applications An eligible entity desiring a grant under this subsection shall submit an application to the Director of the Museum at such time, in such manner, and based on such competitive criteria as the Director of the Museum may require. Each such application shall include the following: (A) A description of the partnership and coordination between all partner entities comprising the eligible entity, including any formal agreements or memoranda of understanding. (B) A description of any outreach conducted beyond the eligible entity to Indian Tribes, Tribal organizations, Native Hawaiian education organizations, Tribal education organizations, or local, regional, or otherwise relevant stakeholders. (C) A description of how any Indian Tribe, Tribal organization, or Native Hawaiian education organization included in the eligible entity will be compensated for their efforts under the grant. (D) A description of the local and regional, historical, and cultural materials that the eligible entity will seek to include in the educational materials and Native histories and cultures education program developed under the grant. (E) A description of how such materials will align with the challenging State academic standards and assessments under paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) ). (F) A description of how such materials will align with a State’s academic standards and assessments related to social studies and history or other relevant subject. (G) A description of how the eligible entity will meet the reporting requirements. (3) Uses of funds An eligible entity receiving a grant under this subsection shall use the grant funds to develop, plan, and implement a Native histories and cultures education program, including— (A) developing local and regionally specific Native histories and cultures education program resources for use in conjunction with the base curriculum; (B) developing a plan for the implementation of a Native histories and cultures education program that would be implemented in public elementary schools and secondary schools served by the eligible entity, including coordination with local educational agencies and teachers; (C) utilizing the base curriculum and developing additional curriculum to align with the challenging State academic standards and assessments under paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) ); (D) planning, development, and coordination among all partner entities comprising the eligible entity, for purposes of developing local and regionally specific Native histories and cultures education program resources, including compensation for any Indian Tribe, Tribal organization, or Native Hawaiian education organization within the eligible entity for these activities; (E) planning and coordination with other relevant stakeholders, such as local and regional Indian Tribes or Tribal organizations, Native Hawaiian education organizations, museums, cultural centers, historical societies, institutions of higher education, and curricula experts, for the purpose of developing local and regionally specific Native histories and cultures education program resources; (F) coordination with and outreach to students, educators, parents, and organizations representing Native American students, parents, or families; (G) providing professional development to educators on the Native histories and cultures education program, including the importance of the program; (H) implementing a Native histories and cultures education program in public elementary schools and secondary schools in accordance with the implementation plan developed under subparagraph (B); (I) coordination with undergraduate, postbaccalaureate, or master’s educator preparation programs, including training and outreach for educator candidates and school leader candidates; (J) providing outreach and broader community awareness on the initiative carried out under this section; and (K) making revisions to the Native histories and cultures education program, as necessary based on the base curriculum revisions under subsection (a)(1)(I). (c) Supplement not supplant An eligible entity receiving a grant under subsection (b) shall use grant funds to supplement, and not supplant, any funds that would, in the absence of such grant funds, be made available from State and local sources for the activities described in subsection (b). 6. Reporting (a) Annual State reports An eligible entity that receives a grant under section 5 shall annually report on the effectiveness of the Native histories and cultures education program and activities carried out under the grant to the Director of the Institute of Education Sciences, which shall include, at a minimum the following: (1) The number of students served by grant activities. (2) The number of educators who participated in professional development funded by grant activities. (3) The number of educator preparation programs that provided training, and the number of educator candidates and school leaders who received training funded by grant activities. (4) The number of local educational agencies utilizing the base curriculum or a Native histories and cultures education program. (5) A description of the performance indicators and performance measures used to evaluate programs and activities with an emphasis on the academic and cultural needs of participating Native American students, including performance indicators and measures that— (A) are able to track student success and improvement over time; (B) include State assessment results and other indicators of student success and improvement, such as improved attendance during the school day, improved classroom grades, improved school climate and safety, and improved school discipline disparities; (C) for high school students, may include indicators such as graduation rates, grade point average, credits earned, postsecondary enrollment, and career readiness; or (D) reflect improved performance or student success in other ways. (6) Reporting on the effectiveness of the program, including the results of the performance indicators under paragraph (5), which shall include estimated impact on the student outcomes of participating Native students. Any performance or enrollment data disaggregation shall be done in a manner that protects the privacy of students. Such performance and enrollment data shall not be disaggregated in the case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (7) A report or narrative from the Indian Tribe, Tribal organization, or Native Hawaiian education organization that is a part of the eligible entity regarding— (A) the estimated impact on students enrolled in the Indian Tribe or served by the Tribal organization or Native Hawaiian education organization; and (B) the estimated impact, if any, on students enrolled in the Indian Tribe or served by the Tribal organization or Native Hawaiian education organization in terms of culturally relevant methods of determining value and success. (8) Any feedback on the base curriculum developed under section 5(a)(1)(B). (b) Institute of education sciences report (1) In general The Director of the Institute of Education Sciences shall prepare and make publicly available a biennial report containing— (A) information on a national and statewide basis, that shall not include the personally identifiable information of students, educators, or other individuals, from the reports submitted under subsection (a) and that may include other information determined appropriate by the Director of the Institute of Education Sciences; (B) an evaluation of the effectiveness of the Native histories and cultures education programs, including the impact on student performance in general and student performance of Native American students in particular from, or informed by, the annual State reports described in subsection (a); and (C) any recommendations based on the evaluation of the Native histories and cultures education programs. (2) Reports to Congress The Director of the Institute of Education Sciences shall submit to the Committee on Indian Affairs of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Education and Labor of the House of Representatives, 1 year after the date of enactment of this Act and every 5 years thereafter, a report describing the impact of the program, as determined by the metrics collected under subsection (a). (c) National Museum of the American Indian report The Director of the Museum shall submit to the Committee on Indian Affairs of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Education and Labor of the House of Representatives— (1) not later than 6 months after the date of enactment of this Act, a brief status report describing the activities carried out under section 5(a)(1)(A); (2) not later than 18 months after the date of enactment of this Act, a report on the base curriculum developed under section 5 and a report on the Director of the Museum's development process and plan for dissemination of the base curriculum; and (3) every five years thereafter, a report describing efforts undertaken by the Director of the Museum to update the base curriculum as described in section 5(a)(1)(I). 7. National Museum of the American Indian Act The National Museum of the American Indian Act ( 20 U.S.C. 80q et seq. ) is amended— (1) in section 3(b)— (A) in paragraph (3), by striking and after the semicolon; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (5) advance the study and awareness of Native American histories and cultures by providing educational resources to educators and schools. ; and (2) in section 6, by striking subsection (a)(1) and inserting the following: (1) a Director who, subject to the policies of the Board of Trustees— (A) shall manage the National Museum; and (B) enter into grants with Indian Tribes, Tribal organizations, Native Hawaiian education organizations, State educational agencies, and local educational agencies to further the purposes described in section 4 of the Native Histories and Cultures Education Act of 2022 and carry out the responsibilities described under such Act. . 8. Funding (a) Authorization of appropriations There are authorized to be appropriated— (1) $1,000,000 for the Museum to carry out the activities described in section 5(a) and to establish the administrative capabilities necessary to administer grants under section 5; and (2) $30,000,000 to award grants under section 5. (b) Donations, gifts, bequests, and devises of property The Director of the Museum is authorized to solicit, accept, hold, administer, invest, and use donated funds and gifts, bequests, and devises of property, both real and personal, to support the initiative under this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3835is/xml/BILLS-117s3835is.xml |
117-s-3836 | II 117th CONGRESS 2d Session S. 3836 IN THE SENATE OF THE UNITED STATES March 15, 2022 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish within the Executive Office of the President the Taxpayer Watchdog Office.
1. Short title This Act may be cited as The Watchdog Act . 2. Definitions In this Act: (1) Agency The term agency means— (A) an Executive agency, as defined in section 105 of title 5, United States Code; and (B) an independent regulatory agency, as defined in section 3502 of title 44, United States Code. (2) Director The term Director means the Director of Openness in Government appointed under section 3(b). (3) Federal transparency laws The term Federal transparency laws means transparency laws of the Federal Government, including— (A) section 552 of title 5, United States Code; (B) section 552b of title 5, United States Code; (C) the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note); (D) the program inventory of each Federal agency required under section 1122(a) of title 31, United States Code; (E) section 2374b of title 10, United States Code; (F) section 11319 of title I of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ); and (G) any requirement included in an annual appropriations Act for a grant recipient of Federal funds to include in statements, press releases, requests for proposals, bid solicitations, or other documents describing projects or programs funded in whole or in part with Federal money— (i) the percentage of the total costs of the program or project which will be financed with Federal money; (ii) the dollar amount of Federal funds for the project or program; or (iii) the percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. (4) Office The term Office means the Taxpayer Watchdog Office established under section 3(a). 3. Establishment of Taxpayer Watchdog Office (a) Establishment There is established within the Executive Office of the President the Taxpayer Watchdog Office. (b) Director The Director shall be the head of the Office and shall be appointed by the President. (c) Staff resources The Director of the Office of Management and Budget shall ensure that the Office has sufficient staff resources to enable the Director to fulfill the duties described in section 4. 4. Duties of the Office (a) Oversight (1) Implementation of Government Transparency Laws The Director shall oversee the implementation of Federal transparency laws. (2) Complaints The Director shall accept and review complaints about a failure of an agency to comply with a Federal transparency law. (3) Evaluation The Director shall develop a standard compliance and performance scoring methodology using a 100-point scale and shall evaluate and grade each agency according to the scale by considering— (A) the compliance of the agency with Federal transparency laws, including the accuracy, thoroughness, and timeliness of the agency in providing the public the information required by those laws; and (B) any other action taken by the agency to increase openness in the Federal Government. (4) Cooperation (A) In general The Director may collect necessary information from agencies to determine whether an agency is in compliance with Federal transparency laws. (B) Agency cooperation Each agency shall cooperate with the Office to provide information necessary to complete the evaluation required under paragraph (3). (b) Information to the Public The Director shall— (1) with respect to information to which the public is required to be provided access under Federal transparency laws— (A) compile and maintain on a searchable public website an up-to-date summary of the information and the manner in which the information may be accessed; and (B) compile a summary of the legal limitations to accessing the information, including limitations relating to personal privacy, national security, law enforcement, and privileged communications; and (2) compile case law on the interpretation of Federal transparency laws. (c) Report and Recommendations (1) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director shall make available to the public a report— (A) listing— (i) each Federal transparency law; and (ii) the compilation of information relating to Federal transparency laws required under subsection (b)(1); (B) summarizing the evaluations required under subsection (a)(3); (C) detailing how the Federal transparency laws apply to— (i) each agency; and (ii) each entity receiving Federal financial assistance, including grants, subgrants, loans, contracts, and tax expenditures; (D) providing statistics on the timeliness and completeness of agency reporting and disclosure of information required to be provided or disclosed under Federal transparency laws; and (E) including any agency response to the evaluation in the report. (2) Recommendations Not later than 2 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Director shall submit to the President, the heads of agencies, and Congress recommendations for improvements to increase transparency in the activities and missions of, and supported by, the Federal Government. 5. Officers and Employees The Director may appoint and terminate such officers and employees as may be necessary to enable the Office to perform the duties of the Office. 6. Funding The Office shall be funded through the Office of Management and Budget. | https://www.govinfo.gov/content/pkg/BILLS-117s3836is/xml/BILLS-117s3836is.xml |
117-s-3837 | II 117th CONGRESS 2d Session S. 3837 IN THE SENATE OF THE UNITED STATES March 15, 2022 Mr. Hagerty introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Defense Production Act of 1950 to ensure the supply of certain medical materials essential to national defense, and for other purposes.
1. Short title This Act may be cited as the Securing America’s Vaccines for Emergencies Act of 2022 or the SAVE Act of 2022 . 2. Securing essential medical materials (a) Statement of policy Section 2(b) of the Defense Production Act of 1950 ( 50 U.S.C. 4502(b) ) is amended— (1) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and (2) by inserting after paragraph (2) the following: (3) authorities under this Act should be used when appropriate to ensure the availability of medical materials essential to national defense, including through measures designed to secure the drug supply chain, and taking into consideration the importance of United States competitiveness, scientific leadership and cooperation, and innovative capacity; . (b) Strengthening domestic capability Section 107 of the Defense Production Act of 1950 ( 50 U.S.C. 4517 ) is amended— (1) in subsection (a), by inserting (including medical materials) after materials ; and (2) in subsection (b)(1), by inserting (including medical materials, such as drugs, devices, and biological products to diagnose, cure, mitigate, treat, or prevent disease, that are essential to national defense) after essential materials . (c) Strategy on securing supply chains for medical materials Title I of the Defense Production Act of 1950 ( 50 U.S.C. 4511 et seq. ) is amended by adding at the end the following: 109. Strategy on securing supply chains for medical materials (a) In general Not later than 180 days after the date of the enactment of this section, the President, in consultation with the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, and the Secretary of Defense, shall submit to the appropriate Members of Congress a strategy that includes the following: (1) A detailed plan to use the authorities under this title and title III, or any other provision of law, to ensure the supply of medical materials (including drugs, devices, and biological products (as that term is defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 )) to diagnose, cure, mitigate, treat, or prevent disease) essential to national defense, to the extent necessary for the purposes of this Act. (2) An analysis of vulnerabilities to existing supply chains for such medical materials and recommendations to address the vulnerabilities. (3) Measures to be undertaken by the President to diversify such supply chains, as appropriate and as required for national defense. (4) A discussion of— (A) any significant effects resulting from the plan and measures described in this subsection on the production, cost, or distribution of biological products (as that term is defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 )) or any other devices or drugs (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )); (B) a timeline to ensure that essential components of the supply chain for medical materials are not under the exclusive control of a foreign government in a manner that the President determines could threaten the national defense; and (C) efforts to mitigate any risks resulting from the plan and measures described in this subsection to United States competitiveness, scientific leadership, and innovative capacity, including efforts to cooperate and proactively engage with United States allies. (b) Progress Report Not later than one year after submission of the strategy under subsection (a), and annually thereafter until September 30, 2025, the President shall submit to the appropriate Members of Congress a progress report— (1) evaluating the implementation of the strategy; and (2) including such updates to the strategy as the President considers appropriate. (c) Form of strategy and report The strategy required by subsection (a) and the progress reports required by subsection (b) shall be submitted in unclassified form but may include a classified annex. (d) Appropriate Members of Congress The term appropriate Members of Congress means— (1) the Speaker, majority leader, and minority leader of the House of Representatives; (2) the majority leader and minority leader of the Senate; and (3) the chairperson and ranking member of— (A) the Committee on Financial Services of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs of the Senate. . 3. Investment in supply chain security (a) In general Section 303 of the Defense Production Act of 1950 ( 50 U.S.C. 4533 ) is amended by adding at the end the following: (h) Investment in supply chain security (1) In general In addition to other authorities under this title, the President may make available to an eligible entity described in paragraph (2) payments to increase the security of supply chains and supply chain activities, if the President certifies to Congress not less than 30 days before making such a payment that the payment is critical to meet national defense requirements of the United States. (2) Eligible entity An eligible entity described in this paragraph is an entity that— (A) is organized under the laws of the United States or any jurisdiction within the United States; and (B) produces— (i) one or more critical components; (ii) critical technology; or (iii) one or more products or raw materials for the security of supply chains or supply chain activities. (3) Definitions In this subsection, the terms supply chain and supply chain activities have the meanings given those terms by the President by regulation. . (b) Regulations (1) In general Not later than 90 days after the date of the enactment of this Act, the President shall prescribe regulations setting forth definitions for the terms supply chain and supply chain activities for the purposes of subsection (h) of section 303 of the Defense Production Act of 1950, as added by subsection (a). (2) Scope of definitions The definitions required by paragraph (1)— (A) shall encompass— (i) the organization, people, activities, information, and resources involved in the delivery and operation of a product or service used by the Federal Government; or (ii) critical infrastructure as defined in Presidential Policy Directive 21 (February 12, 2013; relating to critical infrastructure security and resilience); and (B) may include variations as determined necessary and appropriate by the President for purposes of national defense (as defined in section 702 of the Defense Production Act of 1950 ( 50 U.S.C. 4552 )). | https://www.govinfo.gov/content/pkg/BILLS-117s3837is/xml/BILLS-117s3837is.xml |
117-s-3838 | II 117th CONGRESS 2d Session S. 3838 IN THE SENATE OF THE UNITED STATES March 15, 2022 Mr. Whitehouse (for himself, Mr. Graham , Mr. Blumenthal , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To authorize the confiscation of property of certain Russian persons subject to sanctions imposed by the United States and the use of that property for the benefit of the people of Ukraine, and for other purposes.
1. Short title This Act may be cited as the Asset Seizure for Ukraine Reconstruction Act . 2. Use of property of sanctioned Russian persons for the benefit of the people of Ukraine (a) Authorization of confiscation of property (1) In general Upon declaring a national emergency under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ) with respect to the engagement of the Russian Federation in a conflict of territorial conquest in Ukraine, the President may— (A) by means of such instructions, licenses, or other regulations as the President determines appropriate, confiscate any funds or other property of any foreign person described in subsection (b)— (i) subject to the jurisdiction of the United States; and (ii) valued in excess of $2,000,000; (B) liquidate or sell any of such property; and (C) transfer funds confiscated under subparagraph (A) and the proceeds of property liquidated or sold under subparagraph (B) to such agencies or other persons as the President determines appropriate to be used for the purposes described in subsection (c). (2) Vesting All right, title, and interest in funds and other property confiscated under paragraph (1) shall vest in the Government of the United States. (b) Foreign person described A foreign person described in this subsection is a foreign person— (1) the wealth of which, according to credible information, is derived in part through corruption linked to or political support for the regime of the President of the Russian Federation, Vladimir Putin; and (2) with respect to which the United States has imposed sanctions relating to corruption, human rights violations, the malign influence of the Russian Federation, or conflicts in Ukraine. (c) Use of funds Funds confiscated under subparagraph (A) of subsection (a)(1) and the proceeds of property liquidated or sold under subparagraph (B) of that subsection may be used only for the benefit of the people of Ukraine, for the following purposes: (1) Post-conflict reconstruction in Ukraine. (2) Humanitarian assistance. (3) Weapons for the military forces of the elected Government of Ukraine. (4) Provisions to support refugees and refugee resettlement in neighboring countries and in the United States. (5) The provision of technology items and services to ensure the free flow of information to the Ukrainian people in Ukraine, including items— (A) to counter internet censorship by the Government of the Russian Federation; (B) to circumvent efforts to shut down internet or communication services by that Government; or (C) to bolster cybersecurity capabilities of the elected Government of Ukraine or nongovernmental organizations in Ukraine. (6) Humanitarian and development assistance for the people of the Russian Federation, including democracy and human rights programming and monitoring. (d) Terms and conditions The President may impose such additional terms and conditions as the President determines appropriate with respect to the confiscation, liquidation, sale, or transfer of funds and other property under subsection (a) and with respect to the use of funds under subsection (c). (e) Authorization of rewards (1) In general In the sole discretion of the Secretary of the Treasury and in consultation, as appropriate, with the heads of other relevant Federal agencies, the Secretary may pay a reward to— (A) any individual that furnishes information leading to the confiscation of funds or other property of a foreign person described in subsection (b) that are subject to the jurisdiction of the United States; or (B) any nonprofit humanitarian organization designated by an individual described in subparagraph (A) to receive the reward. (2) Nonprofit humanitarian organization defined In this subsection, the term nonprofit humanitarian organization means an organization that— (A) is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (B) engages in humanitarian work. (f) Sunset The authority provided by subsection (a) shall terminate on the date that is 2 years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3838is/xml/BILLS-117s3838is.xml |
117-s-3839 | II 117th CONGRESS 2d Session S. 3839 IN THE SENATE OF THE UNITED STATES March 15, 2022 Ms. Klobuchar (for herself, Mr. Blumenthal , Ms. Cortez Masto , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To clarify that the Federal Trade Commission Act prohibits excessive and unjustified price increases in the sale of certain products and services when an emergency or disaster results in abnormal disruptions of the market, and for other purposes.
1. Short title This Act may be cited as the Disaster and Emergency Pricing Abuse Prevention Act . 2. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Essential good or service The term essential good or service means any good or service that may be used to preserve, protect, or sustain the health, safety, or welfare of members of the public from potential harms resulting from a natural disaster, a pandemic, or the circumstances giving rise to a state of emergency. (3) Natural disaster The term natural disaster means a disaster, catastrophe, or emergency, including flood, fire, earthquake, storm, or other serious act of nature, which threatens the health, safety, or welfare of the public. (4) State of emergency The term state of emergency means any state of emergency or disaster declared by the President or by the government of any State or territory of the United States. (5) Unconscionably excessive price The term unconscionably excessive price means a price that represents a gross disparity between the price of the essential good or service that is the subject of an offer or transaction during, or in anticipation of, a natural disaster, pandemic, or state of emergency and the average price at which such essential good or service was offered in the ordinary course of business prior to any public anticipation of a natural disaster, pandemic, or state of emergency. 3. Federal Trade Commission enforcement against price gouging (a) Violation It shall be unlawful for any person to sell, or offer for sale, in or affecting commerce any essential good or service at an unconscionably excessive price during, or in anticipation of, a natural disaster, pandemic, or state of emergency. (b) Enforcement (1) Unfair or deceptive acts or practices A violation of this section or a regulation promulgated under this section 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 otherwise provided in subparagraph (C), the Commission shall enforce this section and the regulations promulgated under 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 section. (B) Privileges and immunities Any person who violates this section or a regulation promulgated under this section 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) 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 section and the regulations promulgated under this section, 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. (3) Rulemaking The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this section. (4) Effect on other laws Nothing in this section shall be construed in any way to limit the authority of the Commission under any other provision of law. 4. Price gouging hotline The Commission shall establish a telephone hotline and an online mechanism to enable the public to report price gouging complaints, which shall be activated in anticipation of or during a natural disaster, pandemic, or state of emergency and shall remain operational until 120 days after the conclusion of such disaster, pandemic, or state of emergency. 5. No preemption of State law Nothing in this Act preempts any State law. | https://www.govinfo.gov/content/pkg/BILLS-117s3839is/xml/BILLS-117s3839is.xml |
117-s-3840 | II 117th CONGRESS 2d Session S. 3840 IN THE SENATE OF THE UNITED STATES March 15, 2022 Ms. Hassan (for herself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the threshold for the de minimis exception for information reporting by third party settlement organizations.
1. Short title This Act may be cited as the Cut Red Tape for Online Sales Act . 2. Modification of de minimis threshold for information reporting by third party settlement organizations (a) In general Section 6050W(e) of the Internal Revenue Code of 1986 is amended by striking exceed $600 and inserting equal or exceed $5,000 . (b) Effective date The amendment made by this section shall apply to returns for calendar years beginning after December 31, 2021. 3. Application of backup withholding with respect to third party network transactions (a) In general Section 3406(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (8) Other reportable payments include payments in settlement of third party network transactions only where aggregate for calendar year is $5,000 or more Any payment in settlement of a third party network transaction required to be shown on a return required under section 6050W which is made during any calendar year shall be treated as a reportable payment only if— (A) the aggregate amount of such payment and all previous such payments made by the third party settlement organization to the participating payee during such calendar year equals or exceeds $5,000, or (B) the third party settlement organization was required under section 6050W to file a return for the preceding calendar year with respect to payments to the participating payee. . (b) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2021. (c) Transitional rule for 2022 In the case of payments made during calendar year 2022, section 3406(b)(8)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be applied by inserting and the aggregate number of third party network transactions settled by the third party settlement organization with respect to the participating payee during such calendar year exceeds 200 before the comma at the end. 4. Plain language notice to payees regarding form 1099–K (a) In general Section 6050W of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following: (g) Plain language description required Every person required to furnish a written statement under subsection (f) shall simultaneously issue to the recipient of such statement a plain language notice explaining the contents of such statement using a Form or notice issued by the Internal Revenue Service. . (b) Effective date The amendments made by this section shall apply to statements issued in taxable years beginning after the date of the enactment of this section. (c) Establishment of notice to taxpayers with respect to form 1099–K (1) In general Not later than 90 days after the date of the enactment of this section, the Secretary of the Treasury (or the Secretary’s delegate) shall amend Form 1099–K to include, in plain language, a notice with respect to such Form. (2) Regulations and guidance The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. | https://www.govinfo.gov/content/pkg/BILLS-117s3840is/xml/BILLS-117s3840is.xml |
117-s-3841 | II 117th CONGRESS 2d Session S. 3841 IN THE SENATE OF THE UNITED STATES March 15, 2022 Mr. Cassidy (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for the termination of all contracts between the United Nations Department of Peace Operations and the Russian Federation, and for other purposes.
1. Short title This Act may be cited as the Withdrawing Russian Support to Peacekeeping Act of 2022 . 2. Findings Congress finds the following: (1) Between 2020 and 2021, the United States provided 27.89 percent of funding to the United Nations Department of Peace Operations (referred to in this Act as the DPO ). (2) As of 2020, approximately 9,000 police peacekeepers from the Russian Federation were deployed in 16 peacekeeping and special political missions of the United Nations. (3) The invasion of Ukraine by the Russian Federation represents one of the most serious assaults on world peace in recent years. (4) The use of the term peacekeeping by the Russian Federation to justify the incursion into Donetsk and Luhansk, Ukraine, which escalated into a full invasion of Ukraine, flies in the face of real peacekeeping. 3. Termination of peacekeeping contracts with the Russian Federation (a) In general The Assistant Secretary of State for International Organization Affairs shall use the voice, vote, and influence of the United States to instruct the DPO, not later than 45 days after the date of the enactment of this Act— (1) to terminate all contracts with individuals of and entities registered in the Russian Federation; and (2) to direct all police, military, and civilian peacekeepers from the Russian Federation to depart from all peacekeeping missions of the United Nations. (b) Compliance (1) In general Not later than 45 days after the date that the instruction described in subsection (a) is given, the Secretary of State shall determine whether the DPO has complied with the instruction. (2) Withholding of funds If the Secretary of State determines under paragraph (1) that the DPO has not complied with the instruction described in subsection (a), the Secretary of State shall withhold funds from the DPO until the Secretary of State determines that the DPO has complied with the instruction. | https://www.govinfo.gov/content/pkg/BILLS-117s3841is/xml/BILLS-117s3841is.xml |
117-s-3842 | II 117th CONGRESS 2d Session S. 3842 IN THE SENATE OF THE UNITED STATES March 15, 2022 Mr. Warnock introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title VI of the Social Security Act to permit State and local coronavirus fiscal recovery funds to be used to address increased costs of essential items.
1. Short title This Act may be cited as the Relief for Families Act of 2022 . 2. Authority to use State and local coronavirus fiscal recovery funds to address increased costs of essential items (a) In general Sections 602(c)(1) and 603(c)(1) of the Social Security Act ( 42 U.S.C. 802(c)(1) , 803(c)(1)) are each amended— (1) in subparagraph (C), by striking or after the semicolon; (2) in subparagraph (D), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (E) to address increased costs of essential items, including clothing or footwear that does not exceed $100 per item of clothing or pair of footwear, food (other than alcoholic beverages), diapers, feminine hygiene products, prescription and over-the-counter medicine, items to prepare for natural disasters or severe weather, school supplies, and energy efficient appliances, by providing a temporary suspension of sales taxes or similar temporary sales tax relief for the purchase of such items that— (i) is for a period of not less than 3 days, and not more than 3 months; (ii) begins after a minimum 2-week notice period; and (iii) occurs during the 12-month period that begins on the day after the date of enactment of this subparagraph. . (b) Conforming amendment Section 602(c)(2)(A) of such Act ( 42 U.S.C. 802(c)(2)(A) ) is amended by striking A State or territory and inserting Except as permitted under paragraph (1)(E), a State or territory . | https://www.govinfo.gov/content/pkg/BILLS-117s3842is/xml/BILLS-117s3842is.xml |
117-s-3843 | II 117th CONGRESS 2d Session S. 3843 IN THE SENATE OF THE UNITED STATES March 15, 2022 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Environmental Protection Agency to issue analyses on the environmental and economic impacts of rules and rulemakings of the Environmental Protection Agency, and for other purposes.
1. Short title This Act may be cited as the EPA Transparency Act of 2022 . 2. Report (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Data of economic harm The term data of economic harm , with respect to a major EPA-promulgated rule or rulemaking, means data, facts, and figures that can be measured, traced, and validated with respect to the economic harm that is anticipated to be caused by the major EPA-promulgated rule or rulemaking. (3) Data of environmental harm The term data of environmental harm , with respect to a major EPA-promulgated rule or rulemaking, means data, facts, and figures that can be measured, traced, and validated with respect to the environmental harm that would be caused without the promulgation or issuance of the major EPA-promulgated rule or rulemaking. (4) Major EPA-promulgated rule or rulemaking The term major EPA-promulgated rule or rulemaking means a final rule or policy of the Administrator— (A) the promulgation of which was not explicitly authorized by an Act of Congress; and (B) that increases the control or influence of the Federal Government over the property or constitutional rights of an individual as compared to before the date of promulgation of the rule or policy, as determined by the Administrator. (5) Small business The term small business means a privately owned corporation, partnership, or sole proprietorship that has— (A) fewer than 1,500 employees; and (B) not more than $38,500,000 in average annual receipts. (b) Report required Not later than 30 days after the date on which a major EPA-promulgated rule or rulemaking is promulgated, the Administrator shall submit to Congress and make publicly available a report that describes, with respect to the major EPA-promulgated rule or rulemaking, an analysis of— (1) the data of environmental harm; and (2) the data of economic harm with respect to small businesses. | https://www.govinfo.gov/content/pkg/BILLS-117s3843is/xml/BILLS-117s3843is.xml |
117-s-3844 | II 117th CONGRESS 2d Session S. 3844 IN THE SENATE OF THE UNITED STATES March 15, 2022 Mr. Tester (for himself, Mr. Tillis , Mr. Brown , and Mr. Toomey ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish a clear and uniform process, on a nationwide basis, for replacing the London interbank offered rate in existing contracts, and for other purposes.
1. Short title This Act may be cited as the Economic Continuity and Stability Act . 2. Findings and purpose (a) Findings Congress finds that— (1) LIBOR is used as a benchmark rate in more than $200,000,000,000,000 worth of contracts worldwide; (2) a significant number of existing contracts that reference LIBOR do not provide for the use of a clearly defined or practicable replacement benchmark rate when LIBOR is discontinued; and (3) the cessation or nonrepresentativeness of LIBOR could result in disruptive litigation related to existing contracts that do not provide for the use of a clearly defined or practicable replacement benchmark rate. (b) Purpose It is the purpose of this Act— (1) to establish a clear and uniform process, on a nationwide basis, for replacing LIBOR in existing contracts the terms of which do not provide for the use of a clearly defined or practicable replacement benchmark rate, without affecting the ability of parties to use any appropriate benchmark rate in new contracts; (2) to preclude litigation related to existing contracts the terms of which do not provide for the use of a clearly defined or practicable replacement benchmark rate; (3) to allow existing contracts that reference LIBOR but provide for the use of a clearly defined and practicable replacement rate, to operate according to their terms; (4) to provide that modifications of existing contracts pursuant to this Act do not result in recognition of gain or loss for Federal income tax purposes; (5) to provide authority to the Secretary of the Treasury to provide clear guidance regarding the Federal income tax consequences for taxpayers with respect to IBOR contracts transitioning away from IBOR to an IBOR Benchmark Replacement; and (6) to address LIBOR references in Federal law. 3. Definitions In this Act: (1) Benchmark The term benchmark means an index of interest rates or dividend rates that is used, in whole or in part, as the basis of or as a reference for calculating or determining any valuation, payment, or other measurement. (2) Benchmark administrator The term benchmark administrator means a person that publishes a benchmark for use by third parties. (3) Benchmark replacement The term benchmark replacement means a benchmark, or an interest rate or dividend rate (which may or may not be based in whole or in part on a prior setting of LIBOR), to replace LIBOR or any interest rate or dividend rate based on LIBOR, whether on a temporary, permanent, or indefinite basis, under or with respect to a LIBOR contract. (4) Benchmark replacement conforming changes The term benchmark replacement conforming changes means any technical, administrative, or operational changes, alterations, or modifications that— (A) the Board determines, in its discretion, would address 1 or more issues affecting the implementation, administration, and calculation of the Board-selected benchmark replacement in LIBOR contracts; or (B) solely with respect to a LIBOR contract that is not a consumer loan, in the reasonable judgment of a calculating person, are otherwise necessary or appropriate to permit the implementation, administration, and calculation of the Board-selected benchmark replacement under or with respect to a LIBOR contract after giving due consideration to any benchmark replacement conforming changes under subparagraph (A). (5) Board The term Board means the Board of Governors of the Federal Reserve System. (6) Board-selected benchmark replacement The term Board-selected benchmark replacement means a benchmark replacement identified by the Board that is based on SOFR, including any tenor spread adjustment pursuant to section 4(e). (7) Calculating person The term calculating person means, with respect to any LIBOR contract, any person, including the determining person, responsible for calculating or determining any valuation, payment, or other measurement based on a benchmark. (8) Consumer; credit The terms consumer and credit have the meanings given the terms in section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 ). (9) Consumer loan The term consumer loan means a consumer credit transaction. (10) Determining person The term determining person means, with respect to any LIBOR contract, any person with the authority, right, or obligation, including on a temporary basis (as identified by the LIBOR contract or by the governing law of the LIBOR contract, as appropriate) to determine a benchmark replacement. (11) Fallback provisions The term fallback provisions means terms in a LIBOR contract for determining a benchmark replacement, including any terms relating to the date on which the benchmark replacement becomes effective. (12) IBOR The term IBOR means LIBOR, any tenor of non-U.S. dollar currency rates formerly known as the London interbank offered rate as administered by ICE Benchmark Administration Limited (or any predecessor or successor administrator thereof), and any other interbank offered rates that are expected to cease. (13) IBOR benchmark replacement The term IBOR benchmark replacement means a benchmark, or an interest rate or dividend rate (which may or may not be based in whole or in part on a prior setting of an IBOR), to replace an IBOR or any interest rate or dividend rate based on an IBOR, whether on a temporary, permanent, or indefinite basis, under or with respect to an IBOR contract. (14) IBOR contract The term IBOR contract means any contract, agreement, indenture, organizational document, guarantee, mortgage, deed of trust, lease, security (whether representing debt or equity, including any interest in a corporation, a partnership, or a limited liability company), instrument, or other obligation or asset that, by its terms, continues in any way to use an IBOR as a benchmark. (15) LIBOR The term LIBOR — (A) means the overnight and 1-, 3-, 6-, and 12-month tenors of U.S. dollar LIBOR (formerly known as the London interbank offered rate) as administered by ICE Benchmark Administration Limited (or any predecessor or successor administrator thereof); and (B) does not include the 1-week or 2-month tenors of U.S. dollar LIBOR. (16) LIBOR contract The term LIBOR contract means any contract, agreement, indenture, organizational document, guarantee, mortgage, deed of trust, lease, security (whether representing debt or equity, including any interest in a corporation, a partnership, or a limited liability company), instrument, or other obligation or asset that, by its terms, uses LIBOR as a benchmark. (17) LIBOR Replacement Date The term LIBOR replacement date means the first London banking day after June 30, 2023, unless the Board determines that any LIBOR tenor will cease to be published or cease to be representative on a different date. (18) Security The term security has the meaning given the term in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) ). (19) SOFR The term SOFR means the Secured Overnight Financing Rate published by the Federal Reserve Bank of New York (or a successor administrator). (20) Tenor spread adjustment The term tenor spread adjustment means— (A) 0.00644 percent for overnight LIBOR; (B) 0.11448 percent for 1-month LIBOR; (C) 0.26161 percent for 3-month LIBOR; (D) 0.42826 percent for 6-month LIBOR; and (E) 0.71513 percent for 12-month LIBOR. 4. LIBOR contracts (a) In general On the LIBOR replacement date, the Board-selected benchmark replacement shall be the benchmark replacement for any LIBOR contract that, after giving any effect to subsection (b)— (1) contains no fallback provisions; or (2) contains fallback provisions that identify neither— (A) a specific benchmark replacement; nor (B) a determining person. (b) Fallback provisions On the LIBOR replacement date, any reference in the fallback provisions of a LIBOR contract to— (1) a benchmark replacement that is based in any way on any LIBOR value, except to account for the difference between LIBOR and the benchmark replacement; or (2) a requirement that a person (other than a benchmark administrator) conduct a poll, survey, or inquiries for quotes or information concerning interbank lending or deposit rates, shall be disregarded as if not included in the fallback provisions of such LIBOR contract and shall be deemed null and void and without any force or effect. (c) Authority of determining person (1) In general Subject to subsection (f)(2), a determining person may select the Board-selected benchmark replacement as the benchmark replacement. (2) Selection Any selection by a determining person of the Board-selected benchmark replacement pursuant to paragraph (1) shall be— (A) irrevocable; (B) made by the earlier of the LIBOR replacement date and the latest date for selecting a benchmark replacement according to the terms of the LIBOR contract; and (C) used in any determinations of the benchmark under or with respect to the LIBOR contract occurring on and after the LIBOR replacement date. (3) No selection If a determining person does not select a benchmark replacement by the date specified in paragraph (2)(B), the Board-selected benchmark replacement, on and after the LIBOR replacement date, shall be the benchmark replacement for the LIBOR contract. (d) Conforming changes (1) In general If the Board-selected benchmark replacement becomes the benchmark replacement for a LIBOR contract pursuant to subsection (a) or (c), all benchmark replacement conforming changes shall become an integral part of the LIBOR contract. (2) No consent required A calculating person shall not be required to obtain consent from any other person prior to the adoption of benchmark replacement conforming changes. (e) Adjustment by Board (1) In general Except as provided in paragraph (2), on the LIBOR replacement date, the Board shall adjust the Board-selected benchmark replacement for each category of LIBOR contract that the Board may identify to include the relevant tenor spread adjustment. (2) Consumer loans For LIBOR contracts that are consumer loans, the Board shall adjust the Board-selected benchmark replacement as follows: (A) During the 1-year period beginning on the LIBOR replacement date, incorporate an amount, to be determined for any business day during that period, that transitions linearly from the difference between the Board-selected benchmark replacement and the corresponding LIBOR tenor determined as of the day immediately before the LIBOR replacement date to the relevant tenor spread adjustment. (B) On and after the date that is 1 year after the LIBOR replacement date, incorporate the relevant tenor spread adjustment. (f) Rule of construction Nothing in this Act may be construed to alter or impair— (1) any written agreement specifying that a LIBOR contract shall not be subject to this Act; (2) except as provided in subsection (b), any LIBOR contract that contains fallback provisions that identify a benchmark replacement that is not based in any way on any LIBOR value (including the prime rate or the effective Federal funds rate); (3) except as provided in subsection (b) or (c)(3), any LIBOR contract subject to subsection (c)(1) as to which a determining person does not elect to use a Board-selected benchmark replacement pursuant to that subsection; (4) the application to a Board-selected benchmark replacement of any cap, floor, modifier, or spread adjustment to which LIBOR had been subject pursuant to the terms of a LIBOR contract; (5) any provision of Federal consumer financial law that— (A) requires creditors to notify borrowers regarding a change-in-terms; or (B) governs the reevaluation of rate increases on credit card accounts under open-ended (not home-secured) consumer credit plans; or (6) except as provided in section 5(c), the rights or obligations of any person, or the authorities of any agency, under Federal consumer financial law, as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ). 5. Continuity of contract and safe harbor (a) In general A Board-selected benchmark replacement and the selection or use of a Board-selected benchmark replacement as a benchmark replacement under or with respect to a LIBOR contract, and any benchmark replacement conforming changes, shall constitute— (1) a commercially reasonable replacement for and a commercially substantial equivalent to LIBOR; (2) a reasonable, comparable, or analogous rate, index, or term for LIBOR; (3) a replacement that is based on a methodology or information that is similar or comparable to LIBOR; (4) substantial performance by any person of any right or obligation relating to or based on LIBOR; and (5) a replacement that has historical fluctuations that are substantially similar to those of LIBOR for purposes of the Truth in Lending Act ( 15 U.S.C. 1601 note) and regulations promulgated under that Act. (b) No impairment Neither the selection or use of a Board-selected benchmark replacement as a benchmark replacement nor the determination, implementation, or performance of benchmark replacement conforming changes under section 4 may— (1) be deemed to impair or affect the right of any person to receive a payment, or to affect the amount or timing of such payment, under any LIBOR contract; or (2) have the effect of— (A) discharging or excusing performance under any LIBOR contract for any reason, claim, or defense (including any force majeure or other provision in any LIBOR contract); (B) giving any person the right to unilaterally terminate or suspend performance under any LIBOR contract; (C) constituting a breach of any LIBOR contract; or (D) voiding or nullifying any LIBOR contract. (c) Safe harbor No person shall be subject to any claim or cause of action in law or equity or request for equitable relief, or have liability for damages, arising out of— (1) the selection or use of a Board-selected benchmark replacement; (2) the implementation of benchmark replacement conforming changes; or (3) with respect to a LIBOR contract that is not a consumer loan, the determination of benchmark replacement conforming changes, in each case after giving effect to the provisions of section 4; provided, however, that in each case any person (including a calculating person) shall remain subject to the terms of a LIBOR contract that are not affected by this Act and any existing legal, regulatory, or contractual obligations to correct servicing or other ministerial errors under or with respect to a LIBOR contract. (d) Selection The selection or use of a Board-selected benchmark replacement or the determination, implementation, or performance of benchmark replacement conforming changes under section 4 shall not be deemed to— (1) be an amendment or modification of any LIBOR contract; or (2) prejudice, impair, or affect the rights, interests, or obligations of any person under or with respect to any LIBOR contract. (e) No negative inference Except as provided in subsection (a), (b), or (c)(1) of section 4, nothing in this Act may be construed to create any negative inference or negative presumption regarding the validity or enforceability of— (1) any benchmark replacement (including any method for calculating, determining, or implementing an adjustment to the benchmark replacement to account for any historical differences between LIBOR and the benchmark replacement) that is not a Board-selected benchmark replacement; or (2) any changes, alterations, or modifications to or with respect to a LIBOR contract that are not benchmark replacement conforming changes. 6. Tax treatment and tax regulations for LIBOR transition (a) In general None of— (1) the selection or use of a Board-selected benchmark replacement as a benchmark replacement, (2) the determination, implementation, or performance of benchmark replacement conforming changes, or (3) the application to any LIBOR contract of, or the agreement by parties thereto to terms consistent with, section 4, shall be treated as a sale, exchange, or other disposition of property for purposes of section 1001 of the Internal Revenue Code of 1986. (b) Guidance The Secretary of the Treasury (or the Secretary’s delegate) shall issue such regulations or other guidance as may be necessary or appropriate to carry out subsection (a) and address the Federal income tax consequences for taxpayers with respect to IBOR contracts transitioning away from IBOR to an IBOR benchmark replacement. 7. Benchmark for loans (a) Definitions In this section: (1) Bank The term bank means an institution subject to examination by a Federal financial institutions regulatory agency. (2) Covered action The term covered action means— (A) the initiation by a Federal supervisory agency of an enforcement action, including the issuance of a cease-and-desist order; or (B) the issuance by a Federal supervisory agency of a matter requiring attention, a matter requiring immediate attention; or a matter requiring board attention resulting from a supervisory activity conducted by the Federal supervisory agency. (3) Federal financial institutions regulatory agency The term Federal financial institutions regulatory agencies has the meaning given the term in section 1003 of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3302 ). (4) Federal supervisory agency The term Federal supervisory agency means an agency listed in subparagraphs (A) through (H) of section 1101(7) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401(7) ). (5) Non-IBOR loan The term non-IBOR loan means any loan that, by its terms, does not use in any way LIBOR, any tenor of non-U.S. dollar currency rates formerly known as the London interbank offered rate as administered by ICE Benchmark Administration Limited (or any predecessor or successor administrator thereof), and any other interbank offered rates that are expected to cease, as a benchmark. (b) Benchmarks used by banks With respect to a benchmark used by a bank— (1) the bank, in any non-IBOR loan made before, on, or after the date of enactment of this Act, may use any benchmark, including a benchmark that is not SOFR, that the bank determines to be appropriate for the funding model of the bank; the needs of the customers of the bank; and the products, risk profile, risk management capabilities, and operational capabilities of the bank; provided, however, that the use of any benchmark shall remain subject to the terms of the non-IBOR loan, and applicable law; and (2) no Federal supervisory agency may take any covered action against the bank solely because that benchmark is not SOFR. 8. Preemption This Act, and regulations promulgated under this Act, shall supersede any provision of any State or local law, statute, rule, regulation, or standard— (1) relating to the selection or use of a benchmark replacement or related conforming changes; or (2) expressly limiting the manner of calculating interest, including the compounding of interest, as that provision applies to the selection or use of a Board-selected benchmark replacement or benchmark replacement conforming changes. 9. Trust Indenture Act of 1939 Section 316(b) of the Trust Indenture Act of 1939 ( 15 U.S.C. 77ppp(b) ) is amended— (1) by striking , except as and inserting “, except— (1) as ; (2) in paragraph (1), as so designated, by striking (a), and except that and inserting “(a); (2) that ; (3) in paragraph (2), as so designated, by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (3) that the right of any holder of any indenture security to receive payment of the principal of and interest on such indenture security shall not be deemed to be impaired or affected by any change occurring by the application of section 4 of the Economic Continuity and Stability Act to any indenture security. . 10. Amendment to the Higher Education Act of 1965 Section 438(b)(2)(I) of the Higher Education Act of 1965 ( 20 U.S.C. 1087–1(b)(2)(I) ) is amended by adding at the end the following: (viii) Revised calculation rule to address instances where 1-month USD LIBOR ceases or is non-representative (I) Substitute reference index The provisions of this clause apply to loans for which the special allowance payment would otherwise be calculated pursuant to clause (vii). (II) Calculation based on SOFR For loans described in subclause (III) or (IV), the special allowance payment described in this subclause shall be substituted for the payment provided under clause (vii). For each calendar quarter, the formula for computing the special allowance that would otherwise apply under clause (vii) shall be revised by substituting of the quotes of the 30-day Average Secured Overnight Financing Rate (SOFR) in effect for each of the days in such quarter as published by the Federal Reserve Bank of New York (or a successor administrator), adjusted daily by adding the tenor spread adjustment, as that term is defined in the Economic Continuity and Stability Act , for 1-month LIBOR contracts of 0.11448 percent for of the 1-month London Inter Bank Offered Rate (LIBOR) for United States dollars in effect for each of the days in such quarter as compiled and released by the British Bankers Association . The special allowance calculation for loans subject to clause (vii) shall otherwise remain in effect. (III) Loans eligible for SOFR-based calculation Except as provided in subclause (IV), the special allowance payment calculated under subclause (II) shall apply to all loans for which the holder (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) at any time after the effective date of this clause notifies the Secretary that the holder or beneficial owner affirmatively and permanently elects to waive all contractual, statutory, or other legal rights to a special allowance paid under clause (vii) or to the special allowance paid pursuant to any other formula that was previously in effect with respect to such loan, and accepts the rate described in subclause (II). Any such waiver shall apply to all loans then held, or to be held from time to time, by such holder or beneficial owner; provided that, due to the need to obtain the approval of, demonstrated to the satisfaction of the Secretary— (aa) one or more third parties with a legal or beneficial interest in loans eligible for the SOFR-based calculation; or (bb) a nationally recognized rating organization assigning a rating to a financing secured by loans otherwise eligible for the SOFR-based calculation, the holder of the loan (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) may elect to apply the rate described in subclause (II) to specified loan portfolios established for financing purposes by separate notices with different effective dates. The special allowance rate based on SOFR shall be effective with respect to a portfolio as of the first day of the calendar quarter following the applicable effective date of the waiver received by the Secretary from the holder or beneficial owner and shall permanently and irrevocably continue for all subsequent quarters. (IV) Fallback provisions (aa) In the event that a holder or beneficial owner has not elected to waive its rights to a special allowance payment under clause (vii) with respect to a portfolio with an effective date of the waiver prior to the first of— (AA) the date on which the ICE Benchmark Administration ( IBA ) has permanently or indefinitely stopped providing the 1-month United States Dollar LIBOR ( 1-month USD LIBOR ) to the general public; (BB) the effective date of an official public statement by the IBA or its regulator that the 1-month USD LIBOR is no longer reliable or no longer representative; or (CC) the LIBOR replacement date, as defined in section 3 of the Economic Continuity and Stability Act , the special allowance rate calculation as described in subclause (II) shall, by operation of law, apply to all loans in such portfolio. (bb) In such event— (AA) the last determined rate of special allowance based on 1-month USD LIBOR will continue to apply until the end of the then current calendar quarter; and (BB) the special allowance rate calculation as described in subclause (II) shall become effective as of the first day of the following calendar quarter and remain in effect for all subsequent calendar quarters. . 11. Rulemaking Not later than 180 days after the date of enactment of this Act, the Board shall promulgate regulations to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3844is/xml/BILLS-117s3844is.xml |
117-s-3845 | II 117th CONGRESS 2d Session S. 3845 IN THE SENATE OF THE UNITED STATES March 15, 2022 Mrs. Gillibrand (for herself and Mr. Schumer ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the United States Fire Administration to conduct on-site investigations of major fires, and for other purposes.
1. Short title This Act may be cited as the Empowering the U.S. Fire Administration Act . 2. Fire investigations The Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ) is amended by adding at the end the following: 38. Investigation authorities (a) In general In the case of any major fire, the Administrator may send incident investigators, which may include safety specialists, fire protection engineers, codes and standards experts, researchers, and fire training specialists, to the site of the fire to conduct an investigation as described in subsection (b). (b) Investigation required A fire investigation conducted under this section— (1) shall be conducted in coordination with appropriate Federal, State, and local authorities, including Federal agencies that are authorized to investigate a major fire or an incident of which the major fire is a part; and (2) shall examine the determined cause and origin of the fire and assess broader systematic matters to include use of codes and standards, demographics, structural characteristics, smoke and fire dynamics (movement) during the event, and costs of associated injuries and deaths. (c) Report Upon concluding any fire investigation under this section, the Administrator shall issue a public report to local, State, and Federal authorities on the findings of such investigation, or collaborate with another investigating Federal agency on that agency’s report, including recommendations on— (1) any other buildings with similar characteristics that may bear similar fire risks; (2) improving tactical response to similar fires; (3) improving civilian safety practices; (4) assessing the costs and benefits to the community of adding fire safety features; and (5) how to mitigate the causes of such fire. (d) Discretionary authority In addition to investigations conducted pursuant to subsection (a), the Administrator may send fire investigators to conduct investigations at the site of any fire with unusual or remarkable context that results in losses less severe than those occurring as a result of a major fire, in coordination with appropriate Federal, State, and local authorities, including Federal agencies that are authorized to investigate a major fire or an incident of which the major fire is a part. (e) Major fire defined For purposes of this section, the term major fire shall have the meaning given such term under regulations to be issued by the Administrator. . | https://www.govinfo.gov/content/pkg/BILLS-117s3845is/xml/BILLS-117s3845is.xml |
117-s-3846 | II 117th CONGRESS 2d Session S. 3846 IN THE SENATE OF THE UNITED STATES March 16, 2022 Mr. Cornyn (for himself, Ms. Klobuchar , Mr. Moran , Mr. Whitehouse , Mr. Tillis , Mr. Durbin , Mr. Grassley , Ms. Collins , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reauthorize the Justice and Mental Health Collaboration Program, and for other purposes.
1. Short title This Act may be cited as the Justice and Mental Health Collaboration Reauthorization Act of 2022 . 2. Reauthorization of the Justice and Mental Health Collaboration Program (a) In general Section 2991(b)(5) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10651(b)(5) ) is amended— (1) in subparagraph (I)— (A) in clause (i), by striking teams and treatment accountability services for communities and inserting teams, treatment accountability services for communities, and training for State and local prosecutors relating to diversion programming and implementation ; (B) in clause (v)— (i) in subclause (III), by striking and at the end; (ii) in subclause (IV), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (V) coordinate, implement, and administer models to address mental health calls that include specially trained officers and mental health crisis workers responding to those calls together. ; and (C) by adding at the end the following: (vi) Suicide prevention services Funds may be used to develop, promote, and implement comprehensive suicide prevention programs and services for incarcerated individuals that include ongoing risk assessment. (vii) Case management services Funds may be used for case management services for preliminary qualified offenders and individuals who are released from any penal or correctional institution to— (I) reduce recidivism; and (II) assist those individuals with reentry into the community. (viii) Enhancing community capacity and links to mental health care Funds may be used to support, administer, or develop treatment capacity and increase access to mental health care and substance use disorder services for preliminary qualified offenders and individuals who are released from any penal or correctional institution. (ix) Implementing 988 Funds may be used to support the efforts of State and local governments to implement and expand the integration of the 988 universal telephone number designated for the purpose of the national suicide prevention and mental health crisis hotline system under section 251(e)(4) of the Communications Act of 1934 ( 47 U.S.C. 251(e)(4) ), including by hiring staff to support the implementation and expansion. ; and (2) by adding at the end the following: (K) Teams addressing mental health calls With respect to a multidisciplinary team described in subparagraph (I)(v) that receives funds from a grant under this section, the multidisciplinary team— (i) shall, to the extent practicable, provide response capability 24 hours each day and 7 days each week to respond to crisis or mental health calls; and (ii) may place a part of the team in a 911 call center to facilitate the timely response to mental health crises. . (b) Authorization of appropriations Section 2991(o)(1)(C) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10651(o)(1)(C) ) is amended by striking 2017 through 2021 and inserting 2022 through 2026 . 3. Examination and report on prevalence of mentally ill offenders Section 5(d) of the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 ; 122 Stat. 4355) is amended by striking 2009 and inserting each of fiscal years 2022 through 2026 . | https://www.govinfo.gov/content/pkg/BILLS-117s3846is/xml/BILLS-117s3846is.xml |
117-s-3847 | II 117th CONGRESS 2d Session S. 3847 IN THE SENATE OF THE UNITED STATES March 16, 2022 Ms. Warren (for herself, Mr. Booker , Mr. Sanders , Ms. Baldwin , Mr. Schatz , Mr. Whitehouse , Mr. Blumenthal , Mr. Merkley , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit certain anticompetitive mergers, to amend the Clayton Act to permit the Federal Trade Commission and the Department of Justice to reject proposed acquisitions, to implement procedures for retrospective reviews and breaking up anticompetitive consummated acquisitions, and for other purposes.
1. Short title This Act may be cited as the Prohibiting Anticompetitive Mergers Act of 2022 . 2. Findings and purposes (a) Findings Congress finds that— (1) the Constitution of the United States prohibits political or economic oligarchies, which are incompatible with a republican form of government; (2) the antitrust laws, including the Sherman Act ( 15 U.S.C. 1 et seq. ), the Clayton Act ( 15 U.S.C. 12 et seq. ), and the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), were enacted to prohibit political and economic oligarchies, to protect fair, open, and competitive markets, and to prevent corporations from abusing their power to stifle competition and improperly influence democratic processes; (3) Federal courts have misinterpreted the antitrust laws to the detriment of consumers, workers, society, and the United States political economy, including by enhancing the misguided and narrowly defined consumer welfare standard, as described by the Supreme of the United States in Reiter v. Sonotone Corp., 442 U.S. 330 (1979), and its progeny; (4) concentrated economic power creates concentrated political power, allowing giant corporations to invest growing sums of money into influencing government to tilt laws and rules in their favor; (5) over the last 4 decades, powerful corporations have unconstitutionally amassed too much influence over the United States economy, stifling competition in United States markets and harming workers, consumers, customer choice, sellers, small and minority-owned businesses (including farms and ranches), local, rural, and low-income communities, communities of color, privacy, quality, entrepreneurship, and innovation; (6) in 1975, 109 companies pocketed half of all profits generated by firms in the United States whereas in 2015, the top 30 firms did so; (7) startup rates fell by more than half over the last 4 decades in industries that saw an increase in concentration; (8) dominant corporations, which often underinvest in their operations and infrastructure, expose consumers in the United States to the risks of concentrated and brittle supply chains, such as shortages of essential goods and increased prices; (9) market concentration in essential markets, including those for medical equipment, food, and retail, can pose serious national-security risks during crisis events such as the COVID–19 pandemic; (10) market concentration is associated with lower wages, and evidence shows that in more concentrated markets, giant corporations are less likely to pass on productivity gains to workers in the form of higher wages and more likely to engage in antiworker labor practices, which disproportionately harm female workers and workers of color; (11) corporate consolidation has especially harmed rural communities, low-income communities, and communities of color, as demonstrated by the impact of the recent Sprint and T-Mobile merger on low-income customers who purchase prepaid plans; (12) Federal agencies other than the Federal Trade Commission and the Department of Justice may have particular expertise with respect to the competitive effects of an acquisition and should play a stronger role in antitrust enforcement; (13) State attorneys general may have critical local knowledge or regional concerns about the competitive effects of an acquisition and should play a stronger role in antitrust enforcement; (14) section 7A of the Clayton Act ( 15 U.S.C. 18a ) (referred to in this section as section 7A ) was enacted to allow the antitrust agencies to review acquisitions before consummation; (15) the recent explosion of filings under section 7A has overwhelmed the Federal Trade Commission and the Department of Justice, a phenomenon exacerbated by strict statutory deadlines for the review process and an onerous judicial process to obtain injunctions to block acquisitions likely to lessen competition; (16) the antitrust agencies should be empowered to reject acquisitions that they review under section 7A, and those decisions should be treated as reviewable agency actions; (17) the use of structural and behavioral remedies to protect competition and prevent monopolistic behavior has proven ineffective across various industries; (18) the Federal Trade Commission and the Department of Justice have the authority under existing law to conduct retrospective reviews of any consummated acquisition at any time, regardless of whether the acquisition was nonreportable or the government opposed the acquisition before its consummation; (19) because some data about the competitive effects of an acquisition will necessarily emerge after consummation, it is critical that the Federal Trade Commission and the Department of Justice conduct retrospective reviews of acquisitions in order to remedy anticompetitive acquisitions, including through unwinding; (20) an acquisition may have competitive effects in markets beyond the lines of commerce of the transaction, particularly when a party has an extensive business ecosystem; and (21) excessive market concentration must be remedied to restore and protect competition in the United States and ensure the United States economy and democracy benefit workers, consumers, customer choice, sellers, small and minority-owned businesses (including farms and ranches), local, rural, and low-income communities, communities of color, privacy, quality, entrepreneurship, and innovation. (b) Purposes The purposes of this Act are to— (1) ban the most anticompetitive acquisitions; (2) restore and protect the competitive process; (3) amend section 7A to empower the antitrust agencies to reject acquisitions before consummation through agency action; (4) reduce the burdens of contemporary merger litigation placed on Federal and State officials; (5) establish a greater role for Federal agencies and State attorneys general in the merger-review process; (6) establish procedures for retrospective reviews; (7) break up acquisitions consummated during the 21st century that have lessened competition and harmed the competitive process; (8) ensure that the structure of the United States economy is competitive and fair in order to safeguard the nation against economic and political oligarchies; and (9) uphold the mandate in the Constitution of the United States to promote a flourishing democracy by promoting meaningful competition throughout all segments of the United States economy. 3. Definitions The first section of the Clayton Act ( 15 U.S.C. 12 ) is amended by striking subsections (a) and (b) and inserting the following: 1. Definitions; short title (a) Definitions In this Act: (1) Acquisition The term acquisition means— (A) any merger; (B) any direct or indirect acquisition of the whole or any part of the assets, stock, or other share capital or the use of such stock by the voting or granting of proxies or otherwise; or (C) any tender offer, joint venture, deal, or other similar transaction subject to section 7 or 7A. (2) Antitrust agency The term antitrust agency means— (A) the Federal Trade Commission; or (B) the Antitrust Division of the Department of Justice. (3) Antitrust laws The term antitrust laws means— (A) the Sherman Act ( 15 U.S.C. 1 et seq. ); (B) the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ); (C) this Act; and (D) any other similar Federal or State law designed or intended to prohibit, restrict, or regulate actions having the purpose or effect of monopolization, restraint of trade, or lessening competition (including through merger or acquisition). (4) Critical trading partner The term critical trading partner means a person that has the ability to restrict, impede, or foreclose access to its inputs, customers, partners, goods, services, technology, platform, facilities, or tools in a way that harms the competitive process or limits the ability of the customers or suppliers of the person to carry out business effectively. (5) Disqualifying behavior The term disqualifying behavior means— (A) violating an order issued by an antitrust agency; (B) entering into any nonprosecution agreement or deferred prosecution agreement with the Department of Justice; (C) paying a fine, penalty, or settlement (including class-action settlements) exceeding $1,000,000 to an antitrust agency, a State or county, or private party if the underlying dispute is based on a violation of antitrust law; (D) being convicted of any felony by a State court or court of the United States; or (E) being found liable for violating any antitrust law by a State court or court of the United States. (6) Dominant firm The term dominant firm means a person that— (A) has annual revenues exceeding $5,000,000,000 (as adjusted and published for each fiscal year beginning after September 30, 2022, in the same manner as provided in section 8(a)(5) to reflect the percentage change in the gross national product for such fiscal year compared to the gross national product for the year ending September 30, 2021); (B) is a financial institution, an equity fund, or a registered investment adviser under section 203 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3 ), if the party or the ultimate parent entity of such party has greater than $10,000,000,000 (as so adjusted and published) in capitalization, commitments, or assets under management; or (C) has greater than 20 percent of any relevant market. (7) Failing-firm defense The term failing-firm defense means a defense that an acquisition is unlikely to be anticompetitive because— (A) the party being acquired is in danger of immediate insolvency; (B) the party being acquired is not able to reorganize successfully under chapter 11 of title 11, United States Code; (C) the party being acquired has made unsuccessful good-faith efforts to elicit reasonable alternative offers that would keep the assets of the party in the relevant markets and pose a less severe danger to competition than does the proposed acquisition; and (D) the acquiring party is the only available purchaser. (8) Labor market The term labor market includes— (A) commuting zones, as defined by the Department of Agriculture; (B) the 6-digit Standard Occupational Classification codes for a particular job classification; and (C) other definitions as the Federal Trade Commission and the Department of Justice may promulgate by regulation. (9) Nonreportable acquisition The term nonreportable acquisition means any acquisition for which the parties are not required to file notification under section 7A. (10) Party The term party means, for a given acquisition, a person required to file notification under section 7A. (11) Person The term person has the meaning given the term in section 8 of the Sherman Act ( 15 U.S.C. 7 ). (12) Platform The term platform means any person’s website, online or mobile application, operating system, digital assistant, online advertising exchange, or online service that— (A) operates or provides the main interface between different users or market participants, such as individuals, advertisers, or providers of content, services, and goods; and (B) allows for exchanges of at least some goods, services, or content that the person does not own. (13) Platform conflict of interest The term platform conflict of interest means the conflict of interest that arises when a person owns or controls a platform while simultaneously— (A) owning or controlling a line of business that competes against third parties on that platform, if the person has the ability and incentive to, or does, advantage its own business on the platform over third-party competitors on the platform or disadvantage the business of third-party competitors on the platform; or (B) representing both buyers and sellers for transactions or business on the platform. (14) Prohibited merger The term prohibited merger means an acquisition— (A) in which— (i) the Herfindahl-Hirschman Index would be greater than 1,800 in any relevant market; and (ii) the increase in the Herfindahl-Hirschman Index would be more than 100 in such relevant market; (B) in which the acquiring person would have a market share of greater than 33 percent of any relevant market (excluding labor markets) or greater than 25 percent of any labor market as an employer; or (C) that would result in the acquiring person holding an aggregate total amount of the voting securities and assets of the acquired person in excess of $5,000,000,000 (as so adjusted and published). (15) Relevant agency The term relevant agency means the Office of Advocacy of the Small Business Administration, the Minority Business Development Agency of the Department of Commerce, the National Labor Relations Board, any Federal agency required to review an acquisition under Federal law, or any Federal agency with substantial regulatory authority over a party involved in an acquisition (including persons or financial institutions involved with financing the acquisition) as identified by the parties, the Federal Trade Commission, or the Assistant Attorney General. (16) Relevant market The term relevant market — (A) means any line of commerce, product market, service market, or labor market implicated by an acquisition; and (B) includes a geographic area if geography limits the willingness or ability— (i) of some customers to substitute some products; (ii) of some suppliers to serve some customers; or (iii) of some workers to provide labor. (17) State attorney general The term State attorney general has the meaning given the term in section 4G. (18) Ultimate parent entity The term ultimate parent entity has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations. (b) Short title This Act may be cited as the Clayton Act . . 4. Banning all prohibited mergers and strengthening antitrust agency enforcement (a) Banning all prohibited mergers Section 7 of the Clayton Act ( 15 U.S.C. 18 ) is amended— (1) in the first and second undesignated paragraphs, by striking lessen competition, or to tend to create a monopoly each place the term appears and inserting harm the competitive process, or create or help maintain a monopoly, a monopsony, market power, or unfair methods of competition ; (2) in the first, second, and third undesignated paragraph, by inserting (including labor) after any activity affecting commerce each place the term appears; and (3) by adding at the end the following: Any prohibited merger shall be unlawful under this section. Neither quantitative evidence nor a definition of a relevant market or market share shall be required to establish a violation under this section. Harms to the competitive process include the harms described in section 7A. . (b) Strengthening antitrust agency enforcement (1) Mandatory hsr filings Section 7A(a) of the Clayton Act ( 15 U.S.C. 18a(a) ) is amended— (A) in the matter preceding paragraph (1), by inserting , subject to subsection (b), before the waiting ; (B) in paragraph (1), by striking and at the end; (C) in paragraph (2)(B)(ii)(III), by striking the period at the end and inserting ; and ; and (D) by inserting after paragraph (2)(B)(ii)(III) the following: (3) (A) as a result of such acquisition, the acquiring person would hold an aggregate total amount of the voting securities and assets of the acquired person of $50,000,000 (as so adjusted and published) or more; and (B) the acquiring person, or the person whose voting securities or assets are being acquired— (i) has annual revenues in excess of $5,000,000,000 (as so adjusted and published); or (ii) is a financial institution, an equity fund, or a registered investment adviser under section 203 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3 ), if the person or the ultimate parent entity of the person has greater than $10,000,000,000 (as so adjusted and published) in capitalization, commitments, or assets under management. . (2) Empowering the antitrust agencies to reject acquisitions Section 7A of the Clayton Act ( 15 U.S.C. 18a ) is amended— (A) in subsection (b)— (i) in paragraph (1)(B)— (I) by striking thirtieth and inserting 120th ; and (II) by striking fifteenth and inserting 60th ; and (ii) in paragraph (2), by striking the Assistant and all that follows through the period at the end and inserting on demonstration of an emergency may, in individual cases, terminate the waiting period specified in paragraph (1) and allow any person to proceed with any acquisition subject to this section, upon a vote of the Federal Trade Commission or approval of the Assistant Attorney General, and promptly shall cause to be published in the Federal Register a notice that details the justification of such decision. The waiting period may not be terminated under this paragraph without the approval of all relevant agencies and States that have received materials pursuant to subsection (l). ; (B) in subsection (e), by adding at the end the following: (3) No person shall acquire, directly or indirectly, any voting securities or assets of another person under subsection (a) unless— (A) (i) the waiting period expires or is terminated; and (ii) the Federal Trade Commission or the Assistant Attorney General has not rejected the acquisition; or (B) an appropriate court issues a final, nonappealable order reversing the decision of the Federal Trade Commission or the Assistant Attorney General to reject the acquisition. (4) (A) Not later than 15 days after the date on which the Federal Trade Commission and the Assistant Attorney General receive a notification filed under subsection (a), the Federal Trade Commission and the Assistant Attorney General shall determine whether the Federal Trade Commission or the Assistant Attorney General shall review the acquisition, which shall be publicly announced. (B) If no decision is made under subparagraph (A) before the expiration of the 15-day period, the Federal Trade Commission shall review the acquisition, which shall be publicly announced. (5) Not later than 120 days after the date on which the Federal Trade Commission and the Assistant Attorney General receive a notification filed under subsection (a), the Federal Trade Commission or the Assistant Attorney General shall determine whether to reject the acquisition. (6) (A) The Federal Trade Commission or the Assistant Attorney General shall provide— (i) an opportunity for public comment during the 60-day period beginning on the date on which a public announcement is made under paragraph (4); and (ii) the public with— (I) notice of a notification filed under subsection (a); and (II) a summary of all documentary material and information described in subsection (d). (B) The Federal Trade Commission or the Assistant Attorney General shall consider any public comments submitted under this paragraph before making a determination under paragraph (5). (7) (A) Harms to the competitive process may include, without limitation, harms to workers (including significant layoffs or harms to existing collective bargaining agreements, retirees, worker benefits and compensation, or labor conditions), consumers (including patients, renters, and students), customer choice, sellers, small or minority-owned businesses (including farms and ranches), local, rural, or low-income communities, communities of color, privacy, quality (including health and safety), entrepreneurship, or innovation. (B) When evaluating whether an acquisition is likely to harm the competitive process, the Federal Trade Commission or the Assistant Attorney General shall consider— (i) effects in any relevant market (including labor markets), cross-market effects or impacts on the lines of commerce of the parties beyond any relevant markets, impacts throughout the supply chains or business ecosystems of the parties, and impacts on small or minority-owned businesses (including farms and ranches), local, rural, or low-income communities, and communities of color; and (ii) the history of— (I) express collusion in any relevant market; (II) acquisitions by a party in any relevant market during the preceding 5-year period; and (III) any anticompetitive effects that followed previous acquisitions of the parties, including— (aa) increased prices for consumers; (bb) reduced wages for workers; (cc) reductions in safety for consumers or workers; (dd) increased injuries or deaths for consumers or workers; (ee) bankruptcy or financial distress of acquired companies; (ff) significant worker layoffs; and (gg) reduced investments in research and development. (C) The Federal Trade Commission or the Assistant Attorney General may determine that the acquisition is likely to harm the competitive process if the history described in subparagraph (B)(ii) is significant or extensive. (D) When evaluating an acquisition for which any party (or its ultimate parent entity) is a dominant firm, the Federal Trade Commission or the Assistant Attorney General may determine that the acquisition is likely to harm the competitive process if— (i) another party offers overlapping, competing, or functionally equivalent services or products; (ii) another party is a nascent competitor or maverick; (iii) another party is a critical trading partner in the supply chains or business ecosystems of the parties; or (iv) the acquisition would create a platform conflict of interest. (8) (A) The decision of the Federal Trade Commission or the Assistant Attorney General not to reject an acquisition under subsection (a) shall— (i) be made publicly available by the date on which the waiting period expires or is terminated; (ii) include a summary of the review process and identify the factors considered in making the decision not to reject the acquisition, which shall include (as relevant or applicable) the possible harms listed in paragraph (7); (iii) have no precedential value for any future decisions regarding whether to reject an acquisition by the same or different persons; (iv) shall not preclude the Federal Trade Commission, the Assistant Attorney General, or a State attorney general from investigating the acquisition, seeking to unwind the acquisition, or seeking to impose remedies on the parties to the acquisition at a later date; and (v) shall have no bearing on the legality of the acquisition if the acquisition is challenged through judicial proceedings. (B) During the waiting period (or any extension thereof), neither the Federal Trade Commission nor the Assistant Attorney General may enter into any settlement agreement (including commitments to structural or behavioral remedies) with the parties to an acquisition under subsection (a) when deciding whether to reject the acquisition. (C) If the Federal Trade Commission or the Assistant Attorney General declines to reject an acquisition under subsection (a) by the end of the waiting period, the Federal Trade Commission or the Assistant Attorney General, respectively, may issue an order requiring the parties to hold their assets separate for a period not to exceed 60 days. (9) (A) The Federal Trade Commission or the Assistant Attorney General shall reject an acquisition described in subsection (a) if— (i) the acquisition is a prohibited merger; (ii) the acquisition is likely to harm the competitive process or create or help maintain a monopoly, a monopsony, market power, or unfair methods of competition, as determined by the Federal Trade Commission or the Assistant Attorney General, respectively; (iii) a party to the acquisition (or its ultimate parent entity)— (I) is a dominant firm; and (II) has consummated 2 or more acquisitions in any relevant market during the preceding 5-year period; (iv) a relevant agency objects to the acquisition on the basis of a substantive justification as described in subsection (l); (v) during the waiting period or during the 10-year period ending on the date on which notification under subsection (a) is filed, a party to the acquisition engaged in any disqualifying behavior; or (vi) the Federal Trade Commission or the Assistant Attorney General, respectively, determines that— (I) all information and documentary materials have not been supplied; or (II) the supplied information is not adequately responsive. (B) The decision of the Federal Trade Commission or the Assistant Attorney General to reject an acquisition under subsection (a) shall— (i) be made publicly available before the date on which the waiting period expires or is terminated; (ii) identify which of the 5 categories of rejection was or were the basis of the decision and include, as applicable— (I) a statement explaining why the acquisition is a prohibited merger; (II) a substantive justification for the decision, including— (aa) an explanation of how the acquisition is likely to harm the competitive process or create or help maintain a monopoly, a monopsony, market power, or unfair methods of competition, including (as applicable or relevant) an analysis of how the acquisition would likely harm workers (including significant layoffs or harms to existing collective bargaining agreements, retirees, worker benefits and compensation, or labor conditions), consumers (including patients, renters, and students), customer choice, sellers, small or minority-owned businesses (including farms and ranches), local, rural, or low-income communities, communities of color, privacy, quality (including health and safety), entrepreneurship, or innovation; (bb) an explanation of why, in light of the factors described in item (aa), the acquisition was rejected; and (cc) a response to public comments that addresses major counterarguments to the justification for the decision to reject; (III) a statement explaining which party is a dominant firm and identifying 2 or more consummated acquisitions by the party in a relevant market during the preceding 5-year period; (IV) the substantive justification received from an objecting relevant agency in accordance with subsection (l); (V) a statement identifying any disqualifying behavior of a party during the waiting period or during the 10-year period ending on the date on which notification is filed under subsection (a); or (VI) an explanation of how the information and documentary materials submitted by the parties were not adequately responsive; and (iii) have no precedential value for any future decisions regarding whether to reject an acquisition by the same or different persons. (10) (A) Any party to an acquisition rejected by the Federal Trade Commission or the Assistant Attorney General under this section may bring an action under this paragraph in the appropriate district court of the United States to challenge the decision of the Federal Trade Commission or the Assistant Attorney General to reject the acquisition, and no other person or entity shall have a cause of action under this paragraph. (B) A decision of the Federal Trade Commission or the Assistant Attorney General to reject an acquisition under this section shall be considered a matter of discretion, and the reviewing court shall hold unlawful and set aside the decision only if the decision’s findings and conclusions are found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with this section. (C) The parties to a rejected acquisition may not file suit to challenge the decision more than 60 days after the decision is made public. (D) In judicial proceedings challenging a decision to reject an acquisition, a court shall give deference to any definition of a relevant market or market share alleged by the Federal Trade Commission or the Assistant Attorney General and may not offset any anticompetitive harms alleged by the Federal Trade Commission or the Assistant Attorney General with any procompetitive benefits. (11) Nothing in this subsection may be construed to preclude the Federal Trade Commission or the Assistant Attorney General from reviewing or investigating a nonreportable acquisition before or after its consummation. ; and (C) by striking subsection (f). (3) Enhanced HSR filing requirements Section 7A(d) of the Clayton Act ( 15 U.S.C. 18a(d) ) is amended— (A) in paragraph (1), by striking and at the end; (B) by redesignating paragraph (2) as paragraph (5); and (C) by inserting after paragraph (1) the following: (2) shall require that the notification required under subsection (a) include, in addition to the information described in paragraph (1)— (A) basic information on the acquiring person and the person whose voting securities or assets are being acquired, including— (i) the names of each executive officer and board member of each person; (ii) the annual revenues of each person for each year of the 5-year period ending on the date on which the notification will be filed; (iii) all lines of business, assets, and investments of each person; (iv) all data assets of each person; (v) all intellectual-property assets of each person, including patents, copyrights, and trademarks; (vi) all trade secrets, as defined in section 1839 of title 18, United States Code, of each person; (vii) contact information for the 10 largest customers of each person (as applicable); and (viii) contact information for the 10 largest suppliers of each person (as applicable); (B) the stated justification for the acquisition, including— (i) what, if any, nonpublic information was used to inform a decision to enter the acquisition; (ii) what, if any, publicly available information was processed using artificial intelligence, algorithms, or other automated data processing systems to inform a decision to enter the acquisition; and (iii) if relevant, how the failing-firm defense applies, including a list of good-faith efforts to elicit reasonable alternative offers and reasons the offers were unsuccessful; (C) any proposed plans to benefit workers, consumers, customer choice, sellers, small or minority-owned businesses (including farms and ranches), local, rural, or low-income communities, communities of color, privacy, quality, entrepreneurship, and innovation, including plans to— (i) use new expertise, resources, and additional revenues to reduce prices; (ii) increase quality; (iii) increase privacy; (iv) increase worker pay, benefits, and conditions; (v) invest in local, rural, or low-income communities or communities of color; and (vi) invest in research and development; (D) the projected impact of the acquisition on the competitive process, workers (including significant layoffs or harms to existing collective bargaining agreements, retirees, worker benefits and compensation, or labor conditions), consumers (including patients, renters, and students), customer choice, sellers, small and minority-owned businesses (including farms and ranches), local, rural, and low-income communities, communities of color, privacy, quality (including health and safety), entrepreneurship, and innovation; (E) a list of all other significant competitors (including entrants or potential entrants) and competing products; (F) estimated market shares in the relevant markets of the acquisition for each person and any significant competitors identified in subparagraph (E) for the current year and each of the previous 2 years; (G) a list of every merger, acquisition, sale of assets, or divestiture consummated by each party during the preceding 10-year period, whether or not the party was required to file a notification under subsection (a); (H) a list of each person or financial institution that provided or will provide financing for the acquisition (including debt, equity, and all other sources) and the amount provided; (I) an affirmation from each party that it has not engaged in any disqualifying behavior during the 10-year period ending on the date on which the notification will be filed; (J) a list of States that would be impacted by the acquisition; (K) a list of Federal agencies with substantial regulatory authority over each party (or the persons or financial institutions involved with financing the acquisition); and (L) whether any party (or its ultimate parent entity) is a dominant firm; (3) shall evaluate the stated justification for the acquisition to determine if the justification comports with the information provided under paragraph (2); (4) shall determine if the acquisition or combination of data assets described in paragraph (2) would violate the antitrust laws, including if the acquisition or combination of data assets is likely to harm the competitive process or create or help maintain a monopoly, a monopsony, market power, or unfair methods of competition; and . (4) Increased waiting period Section 7A(e) of the Clayton Act ( 15 U.S.C. 18a(e) ) is amended— (A) by striking 30 each place the term appears and inserting 120 ; and (B) by striking 15 each place the term appears and inserting 60 . (5) HSR sharing Section 7A of the Clayton Act ( 15 U.S.C. 18a ) is amended by adding at the end the following: (l) HSR sharing (1) Submission to states Not later than 7 days after the date on which information or documentary material relevant to a proposed acquisition is filed with the Federal Trade Commission and Assistant Attorney General under this section, the Federal Trade Commission and the Assistant Attorney General shall submit to each State attorney general of any State identified by the parties under subsection (d), and to any State attorney general of a State that the Federal Trade Commission or the Assistant Attorney General determines would be impacted by the acquisition— (A) notification of the proposed acquisition; and (B) a copy of all documents submitted in relation to the acquisition. (2) Sharing with agencies For each acquisition filed under subsection (a), the Federal Trade Commission or the Assistant Attorney General shall— (A) send notice of the proposed acquisition to any Federal agency— (i) required to review the acquisition under Federal law; (ii) determined to have substantial regulatory authority over a party involved in the acquisition; or (iii) identified by the parties under subsection (d); (B) provide to each Federal agency notified under subparagraph (A) a copy of all documents submitted in relation to the acquisition not later than 30 days after the date on which the waiting period described in subsection (b)(1) begins; and (C) reject the acquisition if— (i) any Federal agency with substantial regulatory authority objects to the acquisition on the basis that the acquisition would harm the competitive process or materially harm the interests of the United States as a customer, trading partner, or stakeholder; (ii) the Office of Advocacy of the Small Business Administration objects to the acquisition on the basis that the acquisition would materially harm small businesses (including farms and ranches); (iii) the Minority Business Development Agency of the Department of Commerce objects to the acquisition on the basis that the acquisition would materially harm minority-owned businesses (including farms and ranches); or (iv) the National Labor Relations Board objects to the acquisition on the basis that— (I) the acquisition would help create or maintain a monopsony or unfair labor practice (including the refusal of the parties to preserve, expand, or effectuate collective bargaining agreements covering workers impacted by the acquisition, as applicable); or (II) the acquisition would materially harm workers (including significant layoffs or harms to existing collective bargaining agreements, retirees, worker benefits and compensation, or labor conditions). (3) Substantive justifications for objections If a relevant agency objects to an acquisition under paragraph (3), the relevant agency shall submit to the Federal Trade Commission or the Assistant Attorney General, as applicable, a substantive justification for the objection before the date on which the waiting period expires or is terminated. (m) Certification (1) Individuals (A) Prohibition No individual who certifies a notification filed under subsection (a) on behalf of an entity may, within the notification or during the waiting period, knowingly— (i) falsify, conceal, or cover up by any trick, scheme, or device a material fact; (ii) make any materially false, fictitious, or fraudulent statement or representation; or (iii) make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry. (B) Penalty Any individual who violates subparagraph (A) shall be fined not more than $10,000,000, imprisoned for not more than 5 years, or both. (2) CEO liability A chief executive officer of an entity shall be deemed liable for any violation of paragraph (1) committed by an officer or employee of the entity if the chief executive officer knew or should have known of the violation. (3) Entity An entity described in paragraph (1) shall be fined, for each violation, not more than 5 percent of the revenues that the ultimate parent entity of the entity earned during the 1-year period ending on the date on which the notification is filed. . (6) Additional ftc enforcement Section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ) is amended by striking , except banks and all that follows through said Act, . (c) Rulemaking Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission and the Department of Justice shall promulgate regulations to further define harms to the competitive process, including harms to workers, consumers, customer choice, sellers, small and minority-owned businesses, local, rural, and low-income communities, communities of color, privacy, quality, entrepreneurship, and innovation. 5. Additional enforcement by state attorneys general (a) In general (1) Civil action No later than 60 days after the end of the waiting period, a State attorney general of a State that would be impacted by an acquisition filed under section 7A of the Clayton Act ( 15 U.S.C. 18a ) may bring an action under this paragraph in the appropriate district court of the United States to obtain an injunction enjoining the consummation of the acquisition. (2) Injunction The court shall grant the injunction described in paragraph (1) if the State attorney general demonstrates by a preponderance of the evidence that under section 7A of the Clayton Act ( 15 U.S.C. 18a )— (A) the acquisition is a prohibited merger; (B) the acquisition is likely to harm the competitive process or create or help maintain a monopoly, a monopsony, market power, or unfair methods of competition; or (C) during the waiting period or during the 10-year period ending on the date on which notification under subsection (a) is filed, a party to the acquisition engaged in any disqualifying behavior. (3) Harms to the competitive process The State attorney general may use any direct or indirect evidence to demonstrate that an acquisition is likely to harm the competitive process, including, but not limited to, the harms described in section 7A of the Clayton Act ( 15 U.S.C. 18a ). (4) Balancing prohibited The court may not offset any anticompetitive harms demonstrated under paragraph (2) or (3) with any procompetitive benefits. (5) Deference The court shall give deference to any definition of a relevant market or market share alleged by the State attorney general. (6) Stay of proceedings The court shall stay all judicial proceedings under this section regarding an acquisition filed under section 7A of the Clayton Act ( 15 U.S.C. 18a ) until the end of the waiting period. The stay shall be lifted at the end of the waiting period if the Federal Trade Commission or the Assistant Attorney General declines to reject the acquisition. (7) Dismissal The court shall dismiss with prejudice any claims filed under paragraph (1) if the Federal Trade Commission or the Assistant Attorney General rejects the acquisition. (8) Temporary injunction The court shall issue an injunction temporarily enjoining the consummation of the acquisition during the judicial proceedings under this section. (b) Nonreportable acquisitions A State attorney general of a State that would be impacted by a prospective nonreportable acquisition may bring an action (which shall be subject to the procedures described in paragraph (a)) under this paragraph in the appropriate district court of the United States to obtain an injunction enjoining the consummation of the acquisition. 6. Breaking up prohibited mergers; process for retrospective reviews Section 7A of the Clayton Act ( 15 U.S.C. 18a ) is amended by adding at the end the following: (n) Retrospective review (1) Retrospective review of consummated acquisitions (A) Review (i) In general The Federal Trade Commission and the Assistant Attorney General may retrospectively review any consummated acquisition, including nonreportable acquisitions. (ii) Coordination (I) In general The Federal Trade Commission and the Assistant Attorney General may coordinate the review of a consummated acquisition with any State attorney general if the State was impacted by the acquisition or any Federal agency deemed to have substantial regulatory authority over the parties to the acquisition (including persons or financial institutions involved with financing the acquisition). (II) Compulsory process The Federal Trade Commission, the Assistant Attorney General, and any coordinating State attorney general or Federal agency may use their respective compulsory processes to conduct the reviews. (B) Remedy Upon reviewing an acquisition described in subparagraph (A), the Federal Trade Commission or the Assistant Attorney General shall order a remedy to restore competition or otherwise address the anticompetitive impacts of the acquisition (which shall include unwinding the acquisition or requiring that the acquiring person make divestitures, which, to the extent practicable, shall be specified, standalone business units or lines), if the Federal Trade Commission or the Assistant Attorney General, respectively, acting in coordination with any State attorney general or Federal agency (as applicable), determines that— (i) the acquisition resulted in a post-acquisition market share of greater than 50 percent of any relevant market (including labor markets); (ii) the acquisition resulted in a Herfindahl-Hirschman Index greater than 2,500 in any relevant market and increased the Herfindahl-Hirschman Index by more than 200 in such relevant market; (iii) the acquisition has brought material harm to the competitive process; (iv) if applicable, the acquiring person has failed to satisfy the stated justification of the acquisition or the acquisition did not result in the benefits described in the stated justification submitted under subsection (d)(2); or (v) (I) the acquisition is a consummated nonreportable acquisition; and (II) (aa) the acquisition is a prohibited merger; or (bb) after the date of enactment of this subparagraph, the acquiring person or the acquired person engaged in disqualifying behavior during the 10-year period ending on the date on which the nonreportable acquisition was consummated. (2) Immediate retrospective review of prohibited mergers (A) Review (i) In general Except as provided in clause (ii), the Federal Trade Commission and the Assistant Attorney General shall immediately review every prohibited merger consummated on or after January 1, 2000, for which the parties were required to file a notification under this section. (ii) Applicability For the purposes of this subparagraph, prohibited mergers shall be defined without adjustment to any dollar amounts. (iii) Coordination (I) In general The Federal Trade Commission and the Assistant Attorney General may coordinate the review of a prohibited merger with any State attorney general if the State was impacted by the prohibited merger or any Federal agency deemed to have substantial regulatory authority over the parties to the prohibited merger (including persons or financial institutions involved with financing the prohibited merger). (II) Compulsory process The Federal Trade Commission, the Assistant Attorney General, and any coordinating State attorney general or Federal agency may use their respective compulsory processes to conduct the reviews. (B) Remedy Upon reviewing a prohibited merger described in subparagraph (A), the Federal Trade Commission or the Assistant Attorney General shall order a remedy to restore competition or otherwise address the anticompetitive impacts of the acquisition (which shall include unwinding the acquisition or requiring that the acquiring person make divestitures, which, to the extent practicable, shall be specified, standalone business units or lines), if the Federal Trade Commission or the Assistant Attorney General, respectively, acting in coordination with any State attorney general or Federal agency (as applicable), determines that the prohibited merger— (i) resulted in a post-acquisition market share of greater than 50 percent of any relevant market (including labor markets); (ii) resulted in a Herfindahl-Hirschman Index greater than 2,500 in any relevant market and increased the Herfindahl-Hirschman Index by more than 200 in such relevant market; or (iii) brought material harm to the competitive process. (C) Deadlines The Federal Trade Commission and the Assistant Attorney General shall— (i) not later than 180 days after the date of enactment of this subsection, establish and implement a process to carry out the review required under subparagraph (A); and (ii) not later than 4 years after the date of enactment of this subsection— (I) complete the review required under subparagraph (A); and (II) implement the remedies required under subparagraph (B). (3) State attorneys general (A) Consummated acquisitions (i) Review A State attorney general of a State impacted by a consummated acquisition may review the acquisition in accordance with paragraph (1), including by using compulsory process. (ii) Civil action (I) In general Upon reviewing an acquisition described in clause (i), the State attorney general may bring an action under this clause in the appropriate district court of the United States seeking a remedy to restore competition or otherwise address the anticompetitive impacts of the acquisition (which shall include unwinding the acquisition or requiring that the acquiring person make divestitures, which, to the greatest extent practicable, shall be specified, standalone business units or lines). (II) Court remedy The court shall grant the remedy described in subclause (I) if the State attorney general demonstrates by a preponderance of the evidence that the remedy would have been proper under paragraph (1)(B), unless the parties to the acquisition demonstrate by clear and convincing evidence that unwinding would not have been proper under paragraph (1)(B). (III) Balancing limited The court may not offset a demonstrated anticompetitive harm with a procompetitive benefit unless the benefit applies to the same population impacted by the harm. (IV) Deference The court shall give deference to any definition of a relevant market or market share alleged by the State attorney general. (B) Prohibited mergers (i) Review A State attorney general of a State impacted by a prohibited merger may review the prohibited merger in accordance with paragraph (2), including by using compulsory process. (ii) Civil action (I) In general Upon reviewing a prohibited merger described in clause (i), the State attorney general may bring an action under this clause in the appropriate district court of the United States seeking a remedy to restore competition or otherwise address the anticompetitive impacts of the prohibited merger (which shall include unwinding the prohibited merger or requiring that the acquiring person make divestitures, which, to the greatest extent practicable, shall be specified, standalone business units or lines). (II) Court remedy The court shall grant the remedy described in subclause (I) if the State attorney general demonstrates by a preponderance of the evidence that imposing the remedy would have been proper under paragraph (2)(B), unless the parties to the prohibited merger demonstrate by clear and convincing evidence that imposing the remedy would not have been proper under paragraph (2)(B). (III) Balancing limited The court may not offset a demonstrated anticompetitive harm with a procompetitive benefit unless the benefit applies to the same population impacted by the harm. (IV) Deference The court shall give deference to any definition of a relevant market or market share alleged by the State attorney general. (4) Dominant firms In addition to any other harms to the competitive process that may be determined or established, the Federal Trade Commission, the Assistant Attorney General, or a State attorney general may also determine or establish that a prohibited merger has brought material harm to the competitive process if— (A) any party (or its ultimate parent entity) was a dominant firm; and (B) (i) another party was a nascent competitor or maverick; (ii) another party was a critical trading partner in the supply chains or business ecosystems of the parties; or (iii) the acquisition created a platform conflict of interest. (5) Judicial review (A) In general Any party to an acquisition reviewed by the Federal Trade Commission or the Assistant Attorney General under paragraph (1) or (2) may bring an action under this paragraph in the appropriate district court of the United States to challenge a decision of the Federal Trade Commission or the Assistant Attorney General made under this subsection to order a remedy, and no other person or entity shall have a cause of action under this paragraph. (B) Standards of review A decision by the Federal Trade Commission or the Assistant Attorney General to order a remedy under this section shall be considered a matter of discretion, and the reviewing court shall hold unlawful and set aside the decision only if the decision’s findings and conclusions are found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with this section. (C) Balancing limited The court may not offset an anticompetitive harm alleged by the Federal Trade Commission or the Assistant Attorney General with a procompetitive benefit unless the benefit applies to the same population impacted by the harm. (D) Deference The court shall give deference to any definition of a relevant market or market share alleged by the Federal Trade Commission or the Assistant Attorney General. (6) Public findings and decisions All findings and decisions (including decisions to initiate a retrospective review and decisions whether or not to order a remedy) described in this subsection shall be made publicly available. Any decision to order a remedy shall include a substantive justification. (7) Additional processes Not later than 180 days after the date of enactment of this subsection, the Federal Trade Commission and the Assistant Attorney General shall— (A) establish procedures for the stakeholders of a consummated acquisition to submit complaints regarding any adverse impacts of the acquisition to the Federal Trade Commission, the Assistant Attorney General, and their respective State attorneys general; and (B) establish guidelines for when complaints received under subparagraph (i) will trigger a mandatory retrospective review under paragraph (1). . 7. Exclusive jurisdiction (a) District courts (1) In general The United States District Court for the District of Columbia shall have exclusive jurisdiction to determine the validity of any decision made by the Federal Trade Commission or the Assistant Attorney General under the amendments made by sections 4 and 6 of this Act. (2) Actions brought by state attorneys general (A) Except as provided in subparagraph (B), if a State attorney general brings an action under section 5 or subsection (n) of section 7A of the Clayton Act, as added by section 6 of this Act, the district court of the United States for the judicial district in which the capital of the State is located shall have exclusive jurisdiction. (B) In the event that multiple State attorneys general bring actions regarding the same acquisition, those actions shall be consolidated in the United States District Court for the District of Columbia or a district court with jurisdiction under this section. (b) Court of appeals The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction of appeals from all decisions under subsection (a). (c) Supreme court The Supreme Court of the United States shall not have appellate jurisdiction of any appeal from a decision under subsection (a) or (b). (d) Exclusive remedies The causes of action authorized by this Act and amendments made by this Act shall be the exclusive remedies available to any person injured or adversely affected by a decision of the Federal Trade Commission or the Assistant Attorney General of the Antitrust Division of the Department of Justice made under this Act or under the amendments made by this Act. 8. Funding (a) Authorizations of appropriations There is authorized to be appropriated for fiscal year 2023 and each fiscal year thereafter— (1) $1,000,000,000 for the Federal Trade Commission; and (2) $1,000,000,000 for the Antitrust Division of the Department of Justice. (b) Fines and penalties The Federal Trade Commission and the Antitrust Division of the Department of Justice may use any funds from fines, penalties, and settlements not returned to consumers for their respective future operations. (c) Additional appropriations To the extent there are insufficient funds from fines, penalties, settlements, and fees received by the Federal Trade Commission and the Antitrust Division of the Department of Justice for the costs of their respective programs, projects, and activities, there are appropriated, out of monies in the Treasury not otherwise appropriated, for fiscal year 2023 and each fiscal year thereafter such sums as are necessary for the costs of such programs, projects, and activities. 9. Rules of construction Nothing in this Act, or an amendment made by this Act, may be construed to limit— (1) any authority of the Federal Trade Commission, the Assistant Attorney General, any State attorney general, or any Federal agency under the antitrust laws or any other provision of law; or (2) the application of any law. 10. Severability (a) In general 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 of the amendments made by this Act, and the application of the remaining provisions of this Act and amendments to any person or circumstance shall not be affected. (b) Exclusive jurisdiction (1) District court The United States District Court for the District of Columbia shall have exclusive jurisdiction over any action challenging the constitutionality or lawfulness of any provision of this Act, any amendment made by this Act, or any regulation promulgated under this Act or an amendment made by this Act. (2) Court of appeals The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction of appeals from all decisions under paragraph (1). (3) Supreme court The Supreme Court of the United States shall not have appellate jurisdiction of any appeal from a decision under paragraph (1) or (2). (c) Decisions by antitrust agencies Except as provided in this Act, no Federal, State, or Territorial court shall have jurisdiction or power to consider the validity of decisions made by the Federal Trade Commission or the Assistant Attorney General under this Act, or under the amendments made by this Act, or to stay, restrain, enjoin, or set aside, in whole or in part, any provision of this Act authorizing such decisions made by the Federal Trade Commission or the Assistant Attorney General or making effective any such decisions made by the Federal Trade Commission or the Assistant Attorney General, or any provision of any such decisions made by the Federal Trade Commission or the Assistant Attorney General, or to restrain or enjoin the enforcement of any such decisions made by the Federal Trade Commission or the Assistant Attorney General. (d) Actions by state attorney generals Except as provided in this Act, no Federal, State, or Territorial court shall have jurisdiction or power to review actions brought by a State attorney general under this Act, or under an amendment made by this Act, or to stay, restrain, enjoin, or set aside, in whole or in part, any provision of this Act authorizing such actions brought by a State attorney general under this Act, or to restrain or enjoin the enforcement of any related judicial decisions. | https://www.govinfo.gov/content/pkg/BILLS-117s3847is/xml/BILLS-117s3847is.xml |
117-s-3848 | II 117th CONGRESS 2d Session S. 3848 IN THE SENATE OF THE UNITED STATES March 16, 2022 Mr. Peters (for himself and Ms. Stabenow ) 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 Education to make grants to fund additional school-based mental health providers to help reduce psychological harm, and assist with the return to adaptive coping in schools following a violent or traumatic crisis, and for other purposes.
1. Short title This Act may be cited as the Helping Education After Loss Act of 2022 or the HEAL Act of 2022 . 2. Findings Congress finds the following: (1) On Tuesday, November 30, 2021, a student at Oxford High School killed and injured several students with a handgun loaded with a high-capacity magazine. (2) Children exposed to violence, injury, and other potentially traumatic events are at risk for developing traumatic stress reactions, including as follows: (A) The National Center for PTSD estimates that 28 percent of people who have witnessed a mass shooting develop PTSD and 1/3 develop acute stress disorder. (B) While some survivors only experience temporary symptoms, others will be symptomatic for a much longer period of time and even develop chronic psychiatric disorders. (C) Both short-term and long-term impairments can cause severe distress and have profound effects on academic achievement and the social and emotional growth of impacted students. (3) Youth with access to mental health services in school-based health centers are 10 times more likely to seek care for mental health or substance abuse than youth without access. (4) The leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, the National Association of Social Workers, and the School Social Work Association of America, recommend that schools maintain— (A) a maximum student to school counselor ratio of 250 to 1; (B) a maximum student to school psychologist ratio of 500 to 1; and (C) a maximum student to school social worker ratio of 250 to 1. (5) According to the Education Trust, nearly 1 in 5 students do not have access to a counselor in their school at all, and many of those students have only limited access to other school support staff, such as school psychologists or social workers. 3. Definitions In this Act: (1) Acute crisis response activity The term acute crisis response activity means an activity in response to an acute crisis, including services to provide immediate trauma intervention, advocacy, crisis intervention, death notification, and victim and survivor assistance. (2) Eligible entity The term eligible entity means a local educational agency that serves a school that has experienced a violent or traumatic crisis. (3) Local educational agency The term local educational agency means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or of or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools. (4) School-based mental health provider The term school-based mental health provider means a State-licensed or State-certified school counselor, school psychologist, school social worker, community-based mental health provider organization, or other State-licensed or State-certified mental health professional qualified under State law to provide mental health services to children and adolescents. (5) Secretary The term Secretary means the Secretary of Education. 4. Establishment of the acute crisis response grant program (a) Program authorized (1) In general The Secretary shall award non-competitive grants from allotments under paragraph (2) to eligible entities to fund additional full-time, part-time, and contractual school-based mental health providers and acute crisis response activities in order to help the eligible entity respond to the violent or traumatic crisis. (2) Allotments From amounts appropriated under section 6 for a fiscal year, the Secretary shall allot to each eligible entity an amount that— (A) is of sufficient size and scope to enable the eligible entity to respond to the violent or traumatic crisis; and (B) is not more than $250,000 for the fiscal year. (b) Duration A grant awarded under this section shall be for not longer than a 2-year period, and may be renewed for an additional 2-year period, at the Secretary’s discretion. (c) Notice of eligibility Not later than 30 days after the date of a violent or traumatic crisis that affects a school community, the Secretary shall notify the eligible entity that serves such school of the availability of grant awards under this section. (d) Application An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Use of funds An eligible entity awarded a grant under this section shall use the grant funds to hire additional full-time, part-time, and contractual school-based mental health providers and acute crisis response activities in order to help the eligible entity respond to the violent or traumatic crisis. (f) Supplement not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, or private funds that would otherwise be expended to respond to the violent or traumatic crisis. 5. Study on the affects of violent and traumatic events in schools (a) In general The Secretary, in collaboration with Secretary of Health and Human Services, shall conduct a special resource study of communities that have experienced a violent or traumatic crisis. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) evaluate how violent and traumatic events can affect a student's mental health, and the potential risks for developing chronic psychiatric disorders; and (2) develop evidence-based best practices for a school to return to learning after the school has been disrupted due to violent or traumatic crisis, including best practices for supporting school staff in such return. 6. Authorization of appropriations There are authorized to be appropriated to carry out this Act— (1) $15,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each succeeding fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-117s3848is/xml/BILLS-117s3848is.xml |
117-s-3849 | II 117th CONGRESS 2d Session S. 3849 IN THE SENATE OF THE UNITED STATES March 16, 2022 Mr. Murphy (for himself, Mr. Blumenthal , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act to expand the Magnet Schools Assistance Program.
1. Short title This Act may be cited as the Magnet Schools Accessibility, Growth, and Nonexclusionary Enrollment Transformation Act of 2022 or the MAGNET Act of 2022 . 2. Findings Congress finds the following: (1) Studies have found that the academic benefits of attending integrated schools for students of color include— (A) higher achievement in mathematics, science, language, and reading; (B) school climates supportive of learning and studying; (C) increased likelihood of graduating from high school and entering and graduating from college; (D) higher income and educational attainment; and (E) increased access to highly qualified teachers and leaders who are less likely to transfer to other schools. (2) The benefits of integrated schools extend to all students regardless of race or socioeconomic background. On average, students in socioeconomically and racially diverse schools have stronger academic outcomes than students in schools with concentrated poverty. Students in diverse schools have higher test scores, are more likely to enroll in college, and are less likely to drop out. Integrated schools help reduce racial bias and counter stereotypes, as well as foster friendships across diverse groups, improve students’ satisfaction and self-confidence, and enhance leadership skills. (3) Students of color attending schools that are highly segregated by race and poverty are deprived of the benefits of integrated education. These schools are characterized by resource inequities that translate into large proportions of inexperienced and underprepared educators and a lack of rigorous coursework, which have negative consequences for students’ academic outcomes as measured by performance on standardized achievement tests and high school graduation rates. (4) A 2019 study of every school district in the United States found that higher racial segregation contributes to a greater magnitude of achievement gaps in 3rd grade, and increases the rate at which gaps grow from 3rd to 8th grade, for students of color. (5) A 2016 Government Accountability Office analysis found that a growing percentage of public elementary schools and secondary schools in the Nation are hypersegregated, with 90 percent or more Black and Latino student populations and students from low-income families. (6) A study reviewing 8 years of data from all United States school districts found that racial segregation appears to undermine achievement, in part, because it concentrates minority students in high-poverty schools, which are, on average, less effective than lower-poverty schools and tend to be under-resourced. (7) Research shows that students’ exposure to other students from different backgrounds and the new ideas and opportunities that such exposure brings leads to improved critical thinking and problem-solving skills. Other benefits of attending diverse schools include increased civic participation in a diverse global economy and increased likelihood of living in integrated neighborhoods and holding jobs in integrated workplaces as adults. (8) Magnet schools have been effective in promoting school diversity, especially when district demographics along with magnet school design, structure, and focus (particularly the centering of school integration in the school mission and the design for family outreach) are a priority. 3. Purpose The purpose of this Act is to amend the Magnet Schools Assistance Program under part D of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7231 et seq. )— (1) to create a supplemental diversity grant for aspiring magnet school programs to adopt effective practices designed to further desegregation aims and promote diversity; and (2) to supplement voluntary State efforts to promote inter-district diversity. 4. Amendments to magnet schools assistance program Part D of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7231 et seq. ) is amended— (1) in section 4404, in the matter preceding paragraph (1), by inserting (except as provided under section 4408A) after under this part ; (2) in section 4405, in subsection (a), by inserting (except as provided under section 4408A) after under this part ; (3) in section 4406— (A) in the matter preceding paragraph (1)— (i) by striking In awarding and inserting the following: (a) In general In awarding ; and (ii) by inserting (except as provided under section 4408A) after under this part ; (B) by striking (3); (C) by redesignating paragraph (4) as paragraph (3); (D) in paragraph (3), as redesignated by subparagraph (C), by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (4) propose to establish whole-school magnet schools through proposing to design and implement schools that incorporate integration into school design, mission, structure, focus, and goals, over the placement of a specialized magnet program in a non-magnet public school; (5) propose to newly implement or continue the implementation of inter-district public school choice programs, and propose magnet schools constructed or placed in a location that optimizes diversity and accessibility to transportation for low-income students; (6) propose to improve the diversity and performance of the local educational agency, consortium of local educational agencies, or State as a whole versus focusing on improvements confined to an individual school; or (7) propose to design and implement inclusive enrollment practices, such as utilizing weighted lotteries and other inclusive and accessible practices that are consistent with the latest research and evidence-based practices identified by the Secretary. (b) Priority for meeting multiple criteria In awarding grants under this part, the Secretary shall give additional priority to applicants that meet more than 1 criterion under subsection (a). ; (4) in section 4407— (A) in subsection (a), in the matter preceding paragraph (1), by inserting (except as provided under section 4408A) after under this part ; (B) in subsection (b), by inserting (except as provided under section 4408A) after under this part ; and (C) by adding at the end the following: (c) Technical assistance for novice or first-Time applicants (1) In general An eligible local educational agency, or consortium of such agencies, that is a novice or first-time applicant for a grant under this part and receives a grant under this part may use not more than 1 percent of the grant funds for technical assistance in implementing the magnet school plan. (2) Definition of novice In this subsection, the term novice , when used with respect to an applicant, means as applicant that applied for a grant under this part previously but did not receive such a grant. ; (5) in section 4408— (A) in subsection (b), by inserting (except as provided under section 4408A) after under this part ; (B) in subsection (c), by inserting (except as provided under section 4408A) after under this part ; and (C) in subsection (d), by inserting (except as provided under section 4408A) after under this part ; and (6) by striking section 4409 and inserting the following: 4409. Authorization of appropriations; reservation (a) Authorization There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2022 through 2025. (b) Use of funding From the total amount appropriated under subsection (a) for any fiscal year, the Secretary shall expend not less than $109,000,000 to carry out this part, except for section 4408A. The Secretary may use any amounts appropriated under subsection (a) for a fiscal year that are in excess of $109,000,000 to carry out section 4408A. (c) Reservation for technical assistance The Secretary may reserve not more than 1 percent of the funds appropriated under subsection (a) for any fiscal year to provide technical assistance and share best practices with respect to magnet school programs assisted under this part. (d) Availability of funds for grants to agencies not previously assisted In any fiscal year for which the amount appropriated pursuant to subsection (a) exceeds $75,000,000, the Secretary shall give priority in using such amounts in excess of $75,000,000 to awarding grants to local educational agencies or consortia of such agencies that did not receive a grant under this part in the preceding fiscal year. . 5. Magnet schools assistance program supplemental diversity grant Part D of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7231 et seq. ) is amended by inserting after section 4408 the following: 4408A. Supplemental diversity grants (a) In general The Secretary, in accordance with this section, is authorized to award grants to eligible entities— (1) that have not received a grant under this part during the 3-year period preceding the date of the grant award under this section; and (2) that are looking to adopt additional effective, evidence-based practices designed to further desegregation aims and promote diversity. (b) Eligibility, application, and other requirements (1) Eligibility For the purposes of this section, the term eligible entity means a local educational agency, consortium of such agencies, or State educational agency, including an agency or consortium that is described in paragraph (1) or (2) of section 4404. (2) Applications An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may reasonably require. (3) Information and assurances Each application submitted under paragraph (1) shall include— (A) a description of— (i) how a grant awarded under this section will be used to promote socioeconomic and racial integration, and implement evidence-based practices, including any evidence, or if such evidence is not available, a rationale based upon current research findings, to support the grant promoting socioeconomic and racial integration; (ii) how the applicant will construct inclusive enrollment practices, such as utilizing weighted lotteries and other inclusive and accessible practices that are consistent with the latest research and evidence-based practices identified by the Secretary; (iii) whether the applicant— (I) has ever engaged in any voluntary desegregation effort, and to what extent such efforts have increased student diversity and decreased racial or socioeconomic isolation in schools served by such applicant; and (II) is engaged in any voluntary desegregation effort on the date of submitting the application, and to what extent; (iv) how the applicant will ensure that families from a multitude of racial, ethnic, socioeconomic, and linguistic backgrounds are aware of magnet schools and the application process, including a description of— (I) the variety of platforms (such as social media, print, television, and radio) the applicant will use to make families aware of magnet schools and the application process; (II) the language spoken by students and families in the region the applicant covers and how the applicant will make information on magnet schools and the application process available in these languages; and (III) how to enter a lottery or other inclusive enrollment pool for magnet schools; (v) the manner and extent to which the proposed activities will increase student academic achievement in the instructional area offered by the school, including any evidence, or if such evidence is not available, a rationale based on current research findings, to support the activities increasing student academic achievement; (vi) how the applicant will support the social and emotional learning of students; (vii) how the applicant will implement restorative school discipline policies that reduce the use of suspension and expulsion and improve overall school climate; (viii) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this section on student achievement, integration, and overall school climate by developing a data plan that— (I) is aligned to a clear vision for equity, with specific criteria for determining racial or socioeconomic segregation and a target for reducing these conditions; (II) monitors the goal of reducing racial segregation by tracking multiple measures of success (including by enrollment, graduation rates, academic achievement, academic growth, and social-emotional outcomes); (III) disaggregates data across subgroups of students, as defined in section 1111(c)(2); and (IV) ensures data collected are accessible, with opportunities to include stakeholder feedback in a timely manner; (ix) how grant funds under this section will be used to— (I) improve student academic achievement for all students attending the magnet school programs; (II) close historic opportunity and achievement gaps between each of the subgroups of students, defined in section 1111(c)(2), attending the magnet school programs; and (III) implement services and activities that are consistent with other programs under this Act, as appropriate; and (x) how the magnet program funded by the grant will improve the overall quality of the school district the program is housed within; and (B) the same assurances described in section 4405(b)(2). (4) Applications from state educational agencies A State educational agency that submits an application under paragraph (1) shall describe how, specifically, the State views magnet schools as a solution to promote integration in the State. (c) Priority (1) In general In awarding grants under this section, the Secretary shall give priority to applicants that— (A) have integration embedded into school design, mission, structure, focus, and goals; (B) propose to design and implement inclusive enrollment practices, such as utilizing weighted lotteries and other inclusive and accessible practices that are consistent with the latest research and evidence-based practices identified by the Secretary; (C) continue to experience pronounced disparities in educational opportunities between each of the subgroups of students, defined in section 1111(c)(2), and propose to use funds to carry out evidence-based practices to reduce such disparities; (D) demonstrate a commitment to furthering inter-district diversity through partnerships with neighboring local educational agencies in States that allow for these types of partnerships; (E) demonstrate the provision of free and accessible transportation for students to attend the magnet school programs served by such grant funds; or (F) demonstrate a commitment to authentically engaging families and community members from a multitude of racial, ethnic, socioeconomic, and linguistic backgrounds at all stages in the magnet program’s development and operations. (2) Priority for meeting multiple criteria In awarding grants under this section, the Secretary shall give additional priority to applicants that meet more than 1 criterion under paragraph (1). (d) Use of funds Grant funds made available under this section may be used by an eligible entity to support any of the following: (1) Activities that promote socioeconomic and racial integration in schools, including evidence-based practices to increase student diversity and decrease racial or socioeconomic isolation in schools, such as— (A) providing for ongoing data collection and evaluation activities to promote continuous improvement that ensures fidelity of magnet implementation; (B) developing and refining diversity goals for magnet school enrollment; and (C) ensuring student recruitment for magnet schools includes students in public housing within the boundaries of the school district, if it exists. (2) Activities that increase the capacity of existing facilities to house specialized magnet programs or convert entirely to magnet schools, such as— (A) providing not more than 15 percent of the grant funds for making infrastructure improvements and necessary equipment purchases to enable an existing public school facility to effectively develop, implement, and operate a thematic magnet school program; and (B) allowing existing facilities or schools to transition entirely to a magnet school rather than a traditional school housing a magnet program. (3) Enrollment management activities that promote a more diverse classroom and safe learning environment, such as— (A) supporting enhanced selection and recruitment materials and activities (including parent tours, open houses, and revised marketing materials); (B) providing free and accessible transportation for students to attend the magnet school; and (C) funding an individual employed by the eligible entity to devote at least a majority of the employee’s time to enrollment activities, including reaching underserved communities to support the school’s diversity goals. (4) Activities that strengthen the educator pipeline for magnet school programs, such as— (A) forging partnerships with nearby institutions of higher education with comprehensive educator preparation programs that incorporate extensive clinical practice and experience, including historically Black colleges and universities, Tribal Colleges and Universities, and other minority-serving institutions, to recruit educators with a stated desire to work in a magnet program served by the eligible entity; and (B) hiring prospective educators who are instructional area specialists, defined as educators with a specialized knowledge of an instructional area that is gained over not less than 10 years of work experience in a relevant field, to teach at magnet programs served by the eligible entity. (5) Activities that support a rigorous, well-rounded curriculum and high-quality instruction, such as— (A) providing ongoing professional development to educators, principals, other school leaders, specialized instructional support personnel, and other staff (such as cultural competency training, job-embedded coaching, social and emotional learning, activities that support college, career, and life readiness, and other activities); (B) creating culturally responsive teaching and learning environments; (C) offering school staff members opportunities for networking and attending conferences; (D) encouraging theme integration throughout the curriculum and curriculum writing; (E) updating equipment and resources, such as by utilizing supplemental materials to enhance and enrich the magnet theme and developing multiple assessments to engage different types of learners; and (F) developing and implementing opportunities for students to participate in experiential learning, including through field trips and meaningful project-based learning. (6) Activities that support family engagement, such as— (A) planning community events specifically geared toward supporting low-income families, such as through purchasing food, providing subsidies or passes for local public transportation services, and providing subsidies for child care services while parents are engaging with the magnet school; (B) establishing schools housing magnet programs as centerpieces of their community through outreach and wraparound services; (C) creating a community advisory board, demographically reflective of both the local community where the magnet school is located and the broader community of students planning to attend the magnet school, to assist the magnet school in providing support and guidance in the selection and implementation of their respective theme; (D) providing opportunities for families to participate in exploration of the magnet theme, guest speaker presentations, and author visits; and (E) inviting parents to be a part of the recruitment team that helps promote the magnet program. (7) Strengthening partnerships in the community, such as developing community partnerships with businesses, health and human services agencies, and other entities that enhance and support the magnet theme and provide rich learning and educational experiences for students. (8) Activities that support inter-district or regional integration, such as— (A) collaborating with urban and suburban districts in a comprehensive regional plan; (B) providing financial incentives to help receiving schools cover the cost of transferring students; (C) creating a clear vision for equity that includes a set of goals and benchmarks, which are responsive to realistic timelines and local factors, for achieving greater diversity, educational quality, and equity for targeted student subgroups that are specific to the region; (D) establishing a measurable definition of and means to reduce racial isolation at school and classroom levels; (E) investing in regional magnet programs, capital improvements, and educator professional development that raise the quality of schooling options available in all districts; (F) developing marketing campaigns that build strong and accessible systems of public information around schooling options; and (G) offering services for transfer students and families that include transportation, school counseling, and family liaisons. (9) Activities that support the implementation of restorative discipline policies that reduce the use of suspension and expulsion and improve overall school climate. (e) Prohibition The Secretary shall not award a grant under this section to an eligible entity that plans to establish, or has in place, application fees or admissions criteria related to fees. (f) Limitations (1) Duration of awards A grant under this section shall be awarded for a period that shall not exceed 5 fiscal years. (2) Amount No grant awarded under this section to an eligible entity shall exceed $7,500,000 for the grant period. (g) Reporting and accountability (1) Reports Each eligible entity that receives a grant under this section shall, on an annual basis, prepare and submit a report to the Secretary containing information about— (A) how the grant funds were used; (B) how the grant recipient widely distributed information about the magnet school funded by the grant in an accessible manner; (C) the immediate and projected near-term impact, over the remaining period of the grant, that the grant funds had and will have on increasing socioeconomic or racial diversity, or both, in schools served by the eligible entity, or in magnet school programs served by such entity, or both; (D) how, if applicable, the grant funds fostered inter-district diversity; (E) how the grant funds increased student academic achievement in the instructional area offered by the magnet school or local educational agency, or both; (F) how the grant funds improved academic achievement of all students across all subjects in schools served by the eligible entity; (G) how the grant funds improved students’ access to well-rounded curriculum and prepared, qualified educators; and (H) how the grant funds improved the quality of education for students attending the magnet school program or schools served by the eligible entity, or both, measured by a tangible increase in access to other opportunities outlined in subsection (b)(2). (2) Making reports public The Secretary shall, on an annual basis, make public the reports received under paragraph (1). (3) Accountability (A) In general The Secretary shall pursue enforcement actions against a grant recipient under this section that fails to demonstrate the improvements described in subparagraphs (C) through (H) of paragraph (1). (B) Written notice of concerns (i) In general In a case in which the Secretary determines that it is not clear that grant funds awarded under this section to a grant recipient are making a tangible and noticeable improvement in the areas described in subparagraphs (C) through (H) of paragraph (1), the Secretary shall, after 2 fiscal years, provide a written notice to the grant recipient containing the Secretary’s concerns regarding the recipient’s use of grant funds. (ii) Response A grant recipient that receives a written notice under clause (i) shall, not later than 90 days after the date of receipt of the notice, submit to the Secretary a plan for addressing the Secretary’s concerns not later than 1 year after the date of receipt of the notice. (C) Failure to demonstrate improvements In a case in which the Secretary determines that a grant recipient has not addressed the Secretary's concerns in accordance with subparagraph (B)(ii), the Secretary shall provide a written notice to the grant recipient— (i) to return the remainder of the grant funds not later than 90 days after the date of receipt of the written notice; or (ii) if the grant awarded to the recipient is disbursed on an annual basis, that the recipient will no longer receive a grant under this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s3849is/xml/BILLS-117s3849is.xml |
117-s-3850 | II 117th CONGRESS 2d Session S. 3850 IN THE SENATE OF THE UNITED STATES March 16, 2022 Mr. Peters (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To increase the number of U.S. Customs and Border Protection Customs and Border Protection officers and support staff and to require reports that identify staffing, infrastructure, and equipment needed to enhance security at ports of entry.
1. Short title This Act may be cited as the Securing America's Ports of Entry Act of 2022 . 2. Additional U.S. Customs and Border Protection personnel (a) Officers The Commissioner of U.S. Customs and Border Protection shall hire, train, and assign not fewer than 600 new U.S. Customs and Border Protection officers above the current attrition level during every fiscal year until the total number of U.S. Customs and Border Protection officers equals and sustains the requirements identified each year in the Workload Staffing Model. (b) Support staff The Commissioner is authorized to hire, train, and assign support staff, including technicians, to perform non-law enforcement administrative functions to support the new U.S. Customs and Border Protection officers hired pursuant to subsection (a). (c) Traffic forecasts In calculating the number of U.S. Customs and Border Protection officers needed at each port of entry through the Workload Staffing Model, the Commissioner shall— (1) rely on data collected regarding the inspections and other activities conducted at each such port of entry; (2) consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information; and (3) consider historical volume and forecasts prior to the COVID–19 pandemic and the impact on international travel. (d) GAO report If the Commissioner does not hire the 600 additional U.S. Customs and Border Protection officers authorized under subsection (a) during fiscal year 2023, or during any subsequent fiscal year in which the hiring requirements set forth in the Workload Staffing Model have not been achieved, the Comptroller General of the United States shall— (1) conduct a review of U.S. Customs and Border Protection hiring practices to determine the reasons that such requirements were not achieved and other issues related to hiring by U.S. Customs and Border Protection; and (2) submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the results of the review conducted under paragraph (1). 3. Ports of entry infrastructure enhancement report Not later than 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that identifies— (1) infrastructure improvements at ports of entry that would enhance the ability of U.S. Customs and Border Protection officers to interdict opioids and other drugs that are being illegally transported into the United States, including a description of circumstances at specific ports of entry that prevent the deployment of technology used at other ports of entry; (2) detection equipment that would improve the ability of such officers to identify opioids, including precursors and derivatives, that are being illegally transported into the United States; and (3) safety equipment that would protect such officers from accidental exposure to such drugs or other dangers associated with the inspection of potential drug traffickers. 4. Reporting requirements (a) Temporary duty assignments (1) Quarterly report The Commissioner of U.S. Customs and Border Protection shall submit a quarterly report to the appropriate congressional committees that includes, for the reporting period— (A) the number of temporary duty assignments; (B) the number of U.S. Customs and Border Protection employees required for each temporary duty assignment; (C) the ports of entry from which such employees were reassigned; (D) the ports of entry to which such employees were reassigned; (E) the ports of entry at which reimbursable service agreements have been entered into that may be affected by temporary duty assignments; (F) the duration of each temporary duty assignment; (G) the cost of each temporary duty assignment; and (H) for each temporary duty assignment to the southwest border, a description of any activities done in support of U.S. Border Patrol operations. (2) Notice Not later than 10 days before redeploying employees from 1 port of entry to another, absent emergency circumstances— (A) the Commissioner shall notify the director of the port of entry from which employees will be reassigned of the intended redeployments; and (B) the port director shall notify impacted facilities (including airports, seaports, and land ports) of the intended redeployments. (3) Staff briefing The Commissioner shall brief all affected U.S. Customs and Border Protection employees regarding plans to mitigate vulnerabilities created by any planned staffing reductions at ports of entry. (b) Reports on U.S. Customs and Border Protection agreements Section 907(a) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4451(a) ) is amended— (1) in paragraph (3), by striking and an assessment and all that follows and inserting a period; (2) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (3) by inserting after paragraph (3) the following: (4) A description of the factors that were considered before entering into the agreement, including an assessment of how the agreement provides economic benefits and security benefits (if applicable) at the port of entry to which the agreement relates. ; and (4) in paragraph (5), as redesignated by paragraph (2), by inserting after the report the following: , including the locations of such services and the total hours of reimbursable services under the agreement, if any . (c) Annual workload staffing model report As part of the Annual Report on Staffing required under section 411(g)(5)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(g)(5)(A) ), the Commissioner shall include— (1) information concerning the progress made toward meeting the U.S. Customs and Border Protection officer and support staff hiring targets set forth in section 2, while accounting for attrition; (2) an update to the information provided in the Resource Optimization at the Ports of Entry report, which was submitted to Congress on September 12, 2017, pursuant to the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31 ); and (3) a summary of the information included in the reports required under subsection (a) and section 907(a) of the Trade Facilitation and Trade Enforcement Act of 2015, as amended by subsection (b). (d) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Homeland Security and Governmental Affairs of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Homeland Security of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives. 5. Authorization of appropriations There are authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection such sums as are necessary to carry out this Act, and the amendments made by this Act, for each of the fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s3850is/xml/BILLS-117s3850is.xml |
117-s-3851 | II 117th CONGRESS 2d Session S. 3851 IN THE SENATE OF THE UNITED STATES March 16, 2022 Ms. Stabenow (for herself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such substances, and for other purposes.
1. Short title This Act may be cited as the Veterans Exposed to Toxic PFAS Act or the VET PFAS Act . 2. Hospital care and medical services for veterans and dependents exposed to perfluorooctanoic acid and other perfluoroalkyl and polyfluoroalkyl substances (a) Hospital care and medical services for veterans (1) In general Paragraph (1) of section 1710(e) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (G) (i) Beginning on the date that is 90 days after the date of the enactment of this subparagraph, subject to paragraph (2), a veteran who served on active duty in the Armed Forces at a covered military installation at which individuals were exposed to substances specified in clause (ii) is eligible for hospital care and medical services under subsection (a)(2)(F) for the diseases, illnesses, or conditions as specified in such clause, notwithstanding that there is insufficient medical evidence to conclude that such disease, illness, or condition is attributable to such service. (ii) The substances and diseases, illnesses, or conditions specified in this clause are the following: (I) With respect to exposure to perfluorooctanoic acid— (aa) diagnosed high cholesterol; (bb) ulcerative colitis; (cc) thyroid disease; (dd) testicular cancer; (ee) kidney cancer; and (ff) pregnancy-induced hypertension. (II) With respect to exposure to perfluoroalkyl and polyfluoroalkyl substances not specified in subclause (I), any disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease, illness, or condition. (iii) For purposes of this subparagraph, any service by a member of the reserve components of the Armed Forces for a period specified by the Secretary at a covered military installation at which individuals were exposed to substances specified in clause (ii) shall be treated as active duty service, notwithstanding section 101(21) of this title. (iv) In this subparagraph, the term covered military installation means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. . (2) Limitation Paragraph (2)(B) of such section is amended by striking or (F) and inserting (F), or (G) . (b) Family members (1) In general Subchapter VIII of chapter 17 of title 38, United States Code, is amended by inserting after section 1787 the following new section: 1787A. Health care of family members of veterans stationed at certain military installations with PFAS contamination (a) In general Beginning on the date that is 90 days after the date of the enactment of this section, subject to subsection (b), a family member of a veteran described in clause (i) of section 1710(e)(1)(G) of this title (or who would be so described but for the condition by which the individual was discharged or released from the Armed Forces) who resided at a covered military installation (as defined in clause (iv) of such section) or who was in utero while the mother of such family member resided at such location shall be eligible for hospital care and medical services furnished by the Secretary for any disease, illness, or condition for which a veteran may receive hospital care and medical services under clause (ii) of such section, notwithstanding that there is insufficient medical evidence to conclude that such disease, illness, or condition is attributable to such residence. (b) Limitations (1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose. (2) Hospital care and medical services may not be furnished under subsection (a) for a disease, illness, or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. (3) The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(f) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section). . (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1787 the following new item: 1787A. Health care of family members of veterans stationed at certain military installations with PFAS contamination. . (c) Annual reports (1) In general During the three-year period beginning in the year in which the study conducted under section 316 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). (2) Elements Each report under paragraph (1) shall set forth the following: (A) The number of veterans and family members provided hospital care and medical services under the provisions of law specified in paragraph (1) during the period covered by the report. (B) The illnesses, conditions, and disabilities for which care and services have been provided such veterans and family members under such provisions of law during that period. (C) The number of veterans and family members who applied for care and services under such provisions of law during that period but were denied, including information on the reasons for such denials. (D) The number of veterans and family members who applied for care and services under such provisions of law and are awaiting a decision from the Secretary on eligibility for such care and services as of the date of such report. (3) Veteran defined In this subsection, the term veteran includes a former member of the reserve components of the Armed Forces covered by section 1710(e)(1)(G) of title 38, United States Code. 3. Presumption of service connection for certain veterans exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances (a) In general Chapter 11 of title 38, United States Code, is amended by inserting after section 1116B the following new section: 1116C. Presumption of service connection for certain veterans exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances (a) Presumption of service connection (1) For the purposes of section 1110 of this title, and subject to section 1113 of this title, each disease or illness specified in subsection (b) that becomes manifest in a veteran described in paragraph (2) shall be considered to have been incurred or aggravated in the line of duty in the active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease or illness during the period of such service. (2) A veteran described in this paragraph is a veteran who, during active military, naval, air, or space service, served at a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. (b) Diseases or illnesses A disease or illness specified in this subsection is any of the following: (1) With respect to exposure to perfluorooctanoic acid— (A) diagnosed high cholesterol; (B) ulcerative colitis; (C) thyroid disease; (D) testicular cancer; (E) kidney cancer; and (F) pregnancy-induced hypertension. (2) With respect to exposure to other perfluoroalkyl and polyfluoroalkyl substances, any other disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease or illness. (c) Active military, naval, air, or space service For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1116B the following new item: 1116C. Presumption of service connection for certain veterans exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances. . | https://www.govinfo.gov/content/pkg/BILLS-117s3851is/xml/BILLS-117s3851is.xml |
117-s-3852 | II 117th CONGRESS 2d Session S. 3852 IN THE SENATE OF THE UNITED STATES March 16, 2022 Mrs. Gillibrand (for herself and Mr. Schumer ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Erie Canalway National Heritage Corridor, and for other purposes.
1. Short title This Act may be cited as the Erie Canalway National Heritage Reauthorization Act . 2. Reauthorization of the Erie Canalway National Heritage Corridor (a) Authorization of appropriations Section 810(a)(1) of the Erie Canalway National Heritage Corridor Act ( 54 U.S.C. 320101 note; Public Law 106–554 ; 114 Stat. 2763A–303; 131 Stat. 461; 133 Stat. 2714), as amended by section 119(m) of division G of the Consolidated Appropriations Act, 2022, is amended by striking $16,000,000 and inserting $18,000,000 . (b) Reauthorization Section 811 of the Erie Canalway National Heritage Corridor Act ( 54 U.S.C. 320101 note; Public Law 106–554 ; 114 Stat. 2763A–295; 128 Stat. 3802), as amended by section 119(j) of division G of the Consolidated Appropriations Act, 2022, is amended by striking 2023 and inserting 2037 . | https://www.govinfo.gov/content/pkg/BILLS-117s3852is/xml/BILLS-117s3852is.xml |
117-s-3853 | II 117th CONGRESS 2d Session S. 3853 IN THE SENATE OF THE UNITED STATES March 16, 2022 Mrs. Gillibrand (for herself and Mr. Schumer ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Maurice D. Hinchey Hudson River Valley National Heritage Area, and for other purposes.
1. Short title This Act may be cited as the Maurice D. Hinchey Hudson River Valley National Heritage Area Reauthorization Act . 2. Reauthorization of the Maurice D. Hinchey Hudson River Valley National Heritage Area (a) Authorization of appropriations Section 909(c) of division II of Public Law 104–333 ( 54 U.S.C. 320101 note; 110 Stat. 4280; 122 Stat. 824; 133 Stat. 779) is amended, in the matter preceding paragraph (1), by striking $15,000,000 and inserting $17,000,000 . (b) Reauthorization Section 910 of division II of Public Law 104–333 ( 54 U.S.C. 320101 note; 110 Stat. 4281; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801; 133 Stat. 779), as amended by section 119(e)(6) of division G of the Consolidated Appropriations Act, 2022, is amended by striking 2023 and inserting 2037 . | https://www.govinfo.gov/content/pkg/BILLS-117s3853is/xml/BILLS-117s3853is.xml |
117-s-3854 | II 117th CONGRESS 2d Session S. 3854 IN THE SENATE OF THE UNITED STATES March 16, 2022 Mr. Moran (for himself, Ms. Hassan , and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve certain programs of the Department of Veterans Affairs for home and community based services for veterans, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Elizabeth Dole Home and Community Based Services for Veterans and Caregivers Act of 2022 or the Elizabeth Dole Home Care 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. Increase of expenditure cap for noninstitutional care alternatives to nursing home care. Sec. 4. Coordination with Program of All-Inclusive Care for the Elderly. Sec. 5. Home and community based services: programs. Sec. 6. Coordination with assistance and support services for caregivers. Sec. 7. Development of centralized website for program information. Sec. 8. Improvements relating to Home Maker and Home Health Aide program. Sec. 9. Reviews and other improvements relating to home and community based services. 2. Definitions In this Act: (1) Caregiver; Family caregiver The terms caregiver and family caregiver have the meanings given those terms under section 1720K(g) of title 38, United States Code (as added by section 5 (a)(1)). (2) Covered program The term covered program — (A) means any program of the Department for home and community based services; and (B) includes the programs specified in section 1720K of title 38, United States Code (as added by section 5 (a)(1)). (3) Department The term Department means the Department of Veterans Affairs. (4) Home and community based services The term home and community based services — (A) means the services referred to in section 1701(6)(E) of title 38, United States Code; and (B) includes services furnished under a program specified in section 1720K of such title (as added by section 5 (a)(1)). (5) Home Based Primary Care program; Home Maker and Home Health Aide program; Veteran Directed Care program The terms Home Based Primary Care program , Home Maker and Home Health Aide program , and Veteran Directed Care program mean the programs of the Department specified in subsections (d), (c), and (b) of such section 1720K, respectively. (6) Home health agency; Home health aide; Native American veteran, Tribal health program; Urban Indian organization The terms home health agency , home health aide , Native American veteran , tribal health program , and Urban Indian organization have the meanings given those terms in subsection (g) of such section 1720K. (7) Secretary The term Secretary means the Secretary of Veterans Affairs. (8) Veterans service organization The term veterans service organization means any organization recognized by the Secretary under section 5902 of title 38, United States Code. 3. Increase of expenditure cap for noninstitutional care alternatives to nursing home care (a) Increase of expenditure cap Section 1720C(d) of title 38, United States Code, is amended— (1) by striking The total cost and inserting (1) Except as provided in paragraph (2), the total cost ; (2) in paragraph (1), as designated by paragraph (1), by striking 65 percent and inserting 100 percent ; and (3) by adding at the end the following new paragraph: (2) The total cost of providing services or in-kind assistance in the case of any veteran for any fiscal year under the program may exceed 100 percent of the cost that would otherwise have been incurred as specified in paragraph (1) if the Secretary determines such higher total cost is in the best interest of the veteran. . (b) Applicability The amendments made by subsection (a) shall apply with respect to any fiscal year beginning on or after the date of the enactment of this Act. 4. Coordination with Program of All-Inclusive Care for the Elderly Section 1720C of title 38, United States Code, as amended by section 3 , is further amended by adding at the end the following new subsection: (f) In furnishing services to a veteran under the program conducted pursuant to subsection (a), if a medical center of the Department through which such program is administered is located in a geographic area in which services are available to the veteran under a PACE program (as such term is defined in sections 1894(a)(2) and 1934(a)(2) of the Social Security Act ( 42 U.S.C. 1395eee(a)(2) ; 1396u–4(a)(2))), the Secretary shall establish a partnership with the PACE program operating in that area for the furnishing of such services. . 5. Home and community based services: programs (a) Programs (1) In general Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1720J the following new section: 1720K. Home and community based services: programs (a) In general In furnishing noninstitutional alternatives to nursing home care under the authority of section 1720C of this title (or any other authority under this chapter or other provision of law administered by the Secretary of Veterans Affairs), the Secretary shall carry out each of the programs specified in this section in accordance with such relevant authorities except as otherwise provided in this section. (b) Veteran Directed Care program (1) The Secretary of Veterans Affairs, in collaboration with the Secretary of Health and Human Services, shall carry out a program to be known as the Veteran Directed Care program under which the Secretary of Veterans Affairs may enter into agreements with the providers described in paragraph (2) to provide to eligible veterans funds to obtain such in-home care services and related items as may be determined appropriate by the Secretary of Veterans Affairs and selected by the veteran, including through the veteran hiring individuals to provide such services and items or directly purchasing such services and items. (2) The providers described in this paragraph are the following: (A) An Aging and Disability Resource Center, an area agency on aging, or a State agency. (B) A center for independent living. (3) In carrying out the Veteran Directed Care program, the Secretary of Veterans Affairs shall— (A) administer such program through each medical center of the Department of Veterans Affairs; (B) ensure the availability of such program in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States; and (C) ensure the availability of such program for eligible veterans who are Native American veterans receiving care and services furnished by the Indian Health Service, a tribal health program, an Urban Indian organization, or (in the case of a Native Hawaiian veteran) a Native Hawaiian health care system. (4) If a veteran participating in the Veteran Directed Care program is catastrophically disabled, the veteran may continue to use funds under the program during a period of hospitalization in the same manner that the veteran would be authorized to use such funds under the program if the veteran were not hospitalized. (c) Home Maker and Home Health Aide program (1) The Secretary shall carry out a program to be known as the Home Maker and Home Health Aide program under which the Secretary may enter into agreements with home health agencies to provide to eligible veterans such home health aide services as may be determined appropriate by the Secretary. (2) In carrying out the Home Maker and Home Health Aide program, the Secretary shall ensure the availability of such program— (A) in the locations specified in subparagraph (B) of subsection (b)(3); and (B) for the veteran populations specified in subparagraph (C) of such subsection. (d) Home Based Primary Care program The Secretary shall carry out a program to be known as the Home Based Primary Care program under which the Secretary may furnish to eligible veterans in-home health care, the provision of which is overseen by a physician of the Department. (e) Purchased Skilled Home Care program The Secretary shall carry out a program to be known as the Purchased Skilled Home Care program under which the Secretary may furnish to eligible veterans such in-home care services as may be determined appropriate and selected by the Secretary for the veteran. (f) Caregiver support (1) With respect to a resident caregiver of a veteran participating in a program under this section who is a family caregiver, the Secretary shall— (A) if the veteran meets the requirements of a covered veteran under section 1720G(b) of this title, provide to such caregiver the option of enrolling in the program of general caregiver support services under such section; (B) subject to paragraph (2), provide to such caregiver not fewer than 14 days of covered respite care each year; and (C) conduct on an annual basis (and, to the extent practicable, in connection with in-person services provided under the program in which the veteran is participating), a wellness check of such caregiver. (2) The Secretary shall provide not fewer than 30 days of covered respite care each year to any resident caregiver who provides services funded under the Veteran Directed Care program under subsection (b). (3) Covered respite care provided to a resident caregiver of a veteran under paragraph (1) or (2), as the case may be, may exceed 14 days annually or 30 days annually, respectively, if an extension is requested by the resident caregiver or veteran and determined medically appropriate by the Secretary. (g) Definitions In this section: (1) The terms Aging and Disability Resource Center , area agency on aging , and State agency have the meanings given those terms in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). (2) The terms caregiver and family caregiver , with respect to a veteran, have the meanings given those terms, respectively, under subsection (e) of section 1720G of this title with respect to an eligible veteran under subsection (a) of such section or a covered veteran under subsection (b) of such section, as the case may be. (3) The term center for independent living has the meaning given that term in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ). (4) The term covered respite care means, with respect to a caregiver of a veteran, respite care that— (A) includes 24-hour per day care of the veteran commensurate with the care provided by the caregiver; (B) is medically and age-appropriate; and (C) includes in-home care services. (5) The term eligible veteran means any veteran— (A) for whom the Secretary determines participation in a specific program under this section is medically necessary to promote, preserve, or restore the health of the veteran; and (B) who absent such participation would be at increased risk for hospitalization, placement in a nursing home, or emergency room care. (6) The term home health agency has the meaning given that term in section 1861(o) of the Social Security Act ( 42 U.S.C. 1395x(o) ). (7) The term home health aide means an individual employed by a home health agency to provide in-home care services. (8) The term in-home care service means any service, including a personal care service, provided to enable the recipient of such service to live at home. (9) The term Native American veteran has the meaning given that term in section 3765 of this title. (10) The terms Native Hawaiian and Native Hawaiian health care system have the meanings given those terms in section 12 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11711 ). (11) The term resident caregiver means a caregiver or a family caregiver of a veteran who resides with the veteran. (12) The terms tribal health program and Urban Indian organization have the meanings given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). . (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1720J the following new item: 1720K. Home and community based services: programs. . (b) Deadline for improved administration The Secretary shall ensure that the Veteran Directed Care program and the Home Maker and Home Health Aide program are administered through each medical center of the Department in accordance with section 1720K of title 38, United States Code (as added by subsection (a)(1)), by not later than two years after the date of the enactment of this Act. 6. Coordination with assistance and support services for caregivers (a) Coordination with Program of Comprehensive Assistance for Family Caregivers (1) Coordination Section 1720G(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: (14) (A) In the case of a veteran or caregiver who seeks services under this subsection and is denied such services, or a veteran or the family caregiver of a veteran who is discharged from the program under this subsection, the Secretary shall— (i) if the veteran meets the requirements of a covered veteran under subsection (b), provide to such caregiver the option of enrolling in the program of general caregiver support services under such subsection; (ii) assess the veteran or caregiver for participation in any other available program of the Department for home and community based services (including the programs specified in section 1720K of this title) for which the veteran or caregiver may be eligible and, with respect to the veteran, store (and make accessible to the veteran) the results of such assessment in the electronic medical record of the veteran; and (iii) provide to the veteran or caregiver written information on any such program identified pursuant to the assessment under clause (ii), including information about facilities, eligibility requirements, and relevant contact information for each such program. (B) For each veteran or family caregiver who is discharged from the program under this subsection, a caregiver support coordinator shall provide for a smooth and personalized transition from such program to an appropriate program of the Department for home and community based services (including the programs specified in section 1720K of this title), including by integrating caregiver support across programs. . (2) Applicability The amendments made by paragraph (1) shall apply with respect to denials and discharges described in paragraph (14) of such section, as added by paragraph (1), occurring on or after the date of the enactment of this Act. (b) Technical and conforming amendments Section 1720G(d) of such title is amended— (1) by striking or a covered veteran each place it appears and inserting , a veteran denied or discharged as specified in paragraph (14) of such subsection, or a covered veteran ; and (2) by striking under subsection (a), means each place it appears and inserting under subsection (a) or a veteran denied or discharged as specified in paragraph (14) of such subsection, means . (c) Review relating to caregiver contact The Secretary shall conduct a review of the capacity of the Department to establish a streamlined system for contacting all caregivers enrolled in the program of general caregiver support services under section 1720G(b) of title 38, United States Code, to provide to such caregivers program updates and alerts relating to emerging services for which such caregivers may be eligible. 7. Development of centralized website for program information (a) Centralized website The Secretary shall develop and maintain a centralized and publicly accessible internet website of the Department as a clearinghouse for information and resources relating to covered programs. (b) Contents The website under subsection (a) shall contain the following: (1) A description of each covered program. (2) An informational assessment tool that enables users to— (A) assess the eligibility of a veteran, or a caregiver of a veteran, for any covered program; and (B) receive information, as a result of such assessment, on any covered program for which the veteran or caregiver (as the case may be) may be eligible. (3) A list of required procedures for the directors of medical facilities of the Department to follow in determining the eligibility and suitability of veterans for participation in a covered program, including procedures applicable to instances in which the resource constraints of a facility (or of a community in which a facility is located) may result in the inability to address the health needs of a veteran under a covered program in a timely manner. (c) Updates The Secretary shall ensure the website under subsection (a) is updated on a periodic basis. 8. Improvements relating to Home Maker and Home Health Aide program (a) Pilot program for communities with shortage of home health aides (1) Program The Secretary shall carry out a pilot program under which the Secretary shall provide home maker and home health aide services to veterans who reside in communities with a shortage of home health aides. (2) Locations The Secretary shall select 10 geographic locations in which the Secretary determines there is a shortage of home health aides at which to carry out the pilot program under paragraph (1). (3) Nursing assistants (A) In general In carrying out the pilot program under paragraph (1), the Secretary may hire nursing assistants as new employees of the Department, or reassign nursing assistants who are existing employees of the Department, to provide to veterans in-home care services (including basic tasks authorized by the State certification of the nursing assistant) under the pilot program, in lieu of or in addition to the provision of such services through non-Department home health aides. (B) Relationship to Home Based Primary Care program Nursing assistants hired or reassigned under subparagraph (A) may provide services to a veteran under the pilot program under paragraph (1) while serving as part of a health care team for the veteran under the Home Based Primary Care program. (4) Duration The pilot program under paragraph (1) shall be for a duration of three years. (5) Report to Congress Not later than one year after the date on which the Secretary determines the pilot program under paragraph (1) has terminated, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the result of the pilot program. (b) Report on use of funds Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing, with respect to the period beginning in fiscal year 2011 and ending in fiscal year 2022, the following: (1) An identification of the amount of funds that were included in a budget of the Department during such period for the provision of in-home care to veterans under the Home Maker and Home Health Aide program but were not expended for the provision of such care, disaggregated by medical center of the Department for which such unexpended funds were budgeted. (2) An identification of the number of veterans for whom, during such period, the hours during which a home health aide was authorized to provide services to the veteran under the Home Maker and Home Health Aide program were reduced for a reason other than a change in the health care needs of the veteran, and a detailed description of the reasons why any such reductions may have occurred. (c) Updated guidance on program (1) In general Not later than one year after the date of the enactment of this Act, the Secretary shall issue updated guidance for the Home Maker and Home Health Aide program. (2) Matters To include Guidance updated under paragraph (1) shall include the following: (A) A process for the transition of veterans from the Home Maker and Home Health Aide program to other covered programs. (B) A requirement for the directors of the medical facilities of the Department to complete such process whenever a veteran with care needs has been denied services from home health agencies under the Home Maker and Home Health Aide program as a result of the clinical needs or behavioral issues of the veteran. 9. Reviews and other improvements relating to home and community based services (a) Office of Geriatric and Extended Care (1) Review of programs The Under Secretary for Health of the Department shall conduct a review of each program administered through the Office of Geriatric and Extended Care of the Department, or successor office, to— (A) ensure consistency in program management; (B) eliminate service gaps at the medical center level; and (C) ensure the availability of, and the access by veterans to, home and community based services. (2) Assessment of staffing needs The Secretary shall conduct an assessment of the staffing needs of the Office of Geriatric and Extended Care of the Department, or successor office. (3) Goals for geographic alignment of care (A) Establishment of goals The Director of the Office of Geriatric and Extended Care, or successor office, shall establish quantitative goals to enable aging or disabled veterans who are not located near medical centers of the Department to access extended care services (including by improving access to home and community based services for such veterans). (B) Implementation timeline Each goal established under subparagraph (A) shall include a timeline for the implementation of the goal at each medical center of the Department. (4) Goals for in-home specialty care The Director of the Office of Geriatric and Extended Care, or successor office, shall establish quantitative goals to address the specialty care needs of veterans through in-home care, including by ensuring the education of home health aides and caregivers of veterans in the following areas: (A) Dementia care. (B) Care for spinal cord injuries and diseases. (C) Ventilator care. (D) Other speciality care areas as determined by the Secretary. (5) Report to Congress Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing the findings of the review under paragraph (1), the results of the assessment under paragraph (2), and the goals established under paragraphs (3) and (4). (b) Review of incentives and efforts relating to home and community based services (1) Review The Secretary shall conduct a review of the following: (A) The financial and organizational incentives for the directors of medical centers of the Department to establish or expand covered programs at such medical centers. (B) Any incentives for such directors to provide to veterans home and community based services in lieu of institutional care. (C) The efforts taken by the Secretary to enhance spending of the Department for extended care by shifting the balance of such spending from institutional care to home and community based services. (D) The plan of the Under Secretary for Health of the Department to accelerate efforts to enhance spending as specified in subparagraph (C), to match the progress of similar efforts taken by the Administrator of the Centers for Medicare & Medicaid Services with respect to spending of the Centers for Medicare & Medicaid Services for extended care. (2) Report to Congress Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the review under paragraph (1). (c) Review of respite care services Not later than two years after the date of the enactment of this Act, the Secretary shall conduct a review of the use, availability, and effectiveness of the respite care services furnished by the Secretary under chapter 17 of title 38, United States Code. (d) Collaboration To improve home and community based services (1) Feedback and recommendations on caregiver support (A) Feedback and recommendations The Secretary shall solicit from the entities described in subparagraph (B) feedback and recommendations regarding opportunities for the Secretary to enhance home and community based services for veterans and caregivers of veterans, including through the potential provision by the entity of care and respite services to veterans and caregivers who may not be eligible for any program under section 1720G of title 38, United States Code, or section 1720K of such title (as added by section 5 (a)(1)), but have a need for assistance. (B) Covered entities The entities described in this subparagraph are veterans service organizations and nonprofit organizations with a focus on caregiver support (as determined by the Secretary). (2) Collaboration for Native American veterans The Secretary shall collaborate with the Director of the Indian Health Service and representatives from tribal health programs and Urban Indian organizations to ensure the availability of home and community based services for Native American veterans, including Native American veterans receiving health care and medical services under multiple health care systems. | https://www.govinfo.gov/content/pkg/BILLS-117s3854is/xml/BILLS-117s3854is.xml |
117-s-3855 | II 117th CONGRESS 2d Session S. 3855 IN THE SENATE OF THE UNITED STATES March 16, 2022 Mr. Luján (for himself, Mr. Inhofe , Mrs. Gillibrand , 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 section 7014 of the Elementary and Secondary Education Act of 1965 to advance toward full Federal funding for impact aid, and for other purposes.
1. Short title This Act may be cited as the Advancing Toward Impact Aid Full Funding Act of 2022 . 2. Amendment to ESEA Section 7014 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7714 ) is amended by striking subsections (a) through (d) and inserting the following: (a) Payments for Federal acquisition of real property For the purpose of making payments under section 7002, there are authorized to be appropriated— (1) $87,313,000 for fiscal year 2023; (2) $98,313,000 for fiscal year 2024; (3) $109,313,000 for fiscal year 2025; (4) $120,313,000 for fiscal year 2026; and (5) $131,313,000 for fiscal year 2027. (b) Basic support payments; payments for heavily impacted local educational agencies For the purpose of making payments under section 7003(b), there are authorized to be appropriated— (1) $1,544,242,000 for fiscal year 2023; (2) $1,734,242,000 for fiscal year 2024; (3) $1,924,242,000 for fiscal year 2025; (4) $2,114,242,000 for fiscal year 2026; and (5) $2,304,242,000 for fiscal year 2027. (c) Payments for children with disabilities For the purpose of making payments under section 7003(d), there are authorized to be appropriated— (1) $57,316,000 for fiscal year 2023; (2) $66,316,000 for fiscal year 2024; (3) $75,316,000 for fiscal year 2025; (4) $84,316,000 for fiscal year 2026; and (5) $93,316,000 for fiscal year 2027. (d) Construction payments For the purpose of making payments under section 7007, there are authorized to be appropriated— (1) $20,656,000 for fiscal year 2023; (2) $23,906,000 for fiscal year 2024; (3) $27,156,000 for fiscal year 2025; (4) $30,406,000 for fiscal year 2026; and (5) $33,656,000 for fiscal year 2027. . | https://www.govinfo.gov/content/pkg/BILLS-117s3855is/xml/BILLS-117s3855is.xml |
117-s-3856 | II 117th CONGRESS 2d Session S. 3856 IN THE SENATE OF THE UNITED STATES March 16, 2022 Mr. Barrasso (for himself, Ms. Lummis , Mr. Marshall , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To prohibit the importation of uranium from the Russian Federation.
1. Prohibition on importation of uranium from the Russian Federation (a) In general Notwithstanding section 3112A of the USEC Privatization Act ( 42 U.S.C. 2297h–10a ) or any other provision of law, the importation of articles of the Russian Federation classifiable under subheading 2612.10, 2844.10, 2844.20, and 2844.30 of the Harmonized Tariff Schedule of the United States is prohibited. (b) Effective date The prohibition under subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 45 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3856is/xml/BILLS-117s3856is.xml |
117-s-3857 | II 117th CONGRESS 2d Session S. 3857 IN THE SENATE OF THE UNITED STATES March 16, 2022 Mr. Cruz (for himself, Mr. Cotton , Mr. Cassidy , Mr. Cramer , Ms. Ernst , Mr. Braun , Mr. Rubio , Mr. Scott of Florida , Mr. Hoeven , Mr. Tillis , Mrs. Blackburn , Mr. Hagerty , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To terminate certain waivers of sanctions with respect to Iran issued in connection with the Joint Comprehensive Plan of Action, and for other purposes.
1. Termination of certain waivers of sanctions with respect to nuclear activities in or with Iran (a) In general Effective on the date of the enactment of this Act, any waiver of the application of sanctions provided for under sections 1244, 1245, 1246, and 1247 of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8803 , 8804, 8805, and 8806) for or to enable an activity described in subsection (b) is terminated, and the President may not issue a new such waiver for such an activity on or after such date of enactment. (b) Activities described An activity described in this subsection is an activity in or with Iran with respect to which a waiver described in subsection (a) was issued in connection with the Joint Comprehensive Plan of Action, including the following: (1) Modernization or redesign of the Arak reactor. (2) Preparation or modification of centrifuge cascades at the Fordow facility for stable isotope production. (3) Operations, training, or services related to the Bushehr Nuclear Power Plant, including fuel delivery and take-back. (4) Transfer of uranium into or outside Iran, including natural uranium, enriched uranium, or nuclear fuel scrap. (5) Transfer or storage of Iranian heavy water, inside or outside of Iran. (c) Joint comprehensive plan of action defined In this section, the term Joint Comprehensive Plan of Action means the Joint Comprehensive Plan of Action signed at Vienna on July 14, 2015, by Iran and by France, Germany, the Russian Federation, the People's Republic of China, the United Kingdom, and the United States, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action. | https://www.govinfo.gov/content/pkg/BILLS-117s3857is/xml/BILLS-117s3857is.xml |
117-s-3858 | II 117th CONGRESS 2d Session S. 3858 IN THE SENATE OF THE UNITED STATES March 16, 2022 Ms. Duckworth (for herself and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the publication of opinions issued by the Office of Legal Counsel of the Department of Justice, and for other purposes.
1. Short title This Act may be cited as the Demanding Oversight and Justification Over Legal Conclusions Transparency Act or the DOJ OLC Transparency Act . 2. Publication and distribution of opinions Section 521 of title 28, United States Code, is amended— (1) by inserting (a) In general .— before The Attorney General ; and (2) by adding at the end the following: (b) OLC Opinions (1) Definitions In this subsection, the following terms shall apply: (A) Final OLC opinion The term final OLC opinion means an OLC opinion that— (i) the Attorney General, Assistant Attorney General for the Office of Legal Counsel, or a Deputy Assistant General for the Office of Legal Counsel, has determined is final; (ii) is relied upon by government officials or government contractors; (iii) is relied upon to formulate legal guidance; or (iv) is directly or indirectly cited in another OLC opinion. (B) OLC opinion The term OLC opinion — (i) means views on a matter of legal interpretation communicated by the Office of Legal Counsel of the Department of Justice to any other office or agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511 through 513; and (ii) includes— (I) in the case of a verbal communication of a legal interpretation, a memorialization of that communication; (II) a final OLC opinion; and (III) a revised OLC opinion. (C) Revised OLC opinion The term revised OLC opinion means an OLC opinion— (i) that is withdrawn; (ii) to which information is added; or (iii) from which information is removed. (2) Requirement Subject to paragraph (3) and in accordance with paragraph (4), the Attorney General shall publish all OLC opinions on the public website of the Department to be accessed by the public free of charge. (3) Redaction of classified information (A) In general In the case of an OLC opinion required to be published under paragraph (2) that contains information classified as confidential, secret, or top secret, the Attorney General shall— (i) redact the classified information from the OLC opinion before publication of the OLC opinion; and (ii) establish and preserve an accurate record documenting each redaction from the OLC opinion, including information describing in detail why public online disclosure of the classified information would have resulted in the associated harm that pertains to each level of classification. (B) Limitation The Attorney General may not redact information under this paragraph that is sensitive but unclassified. (C) Submission to Congress In the case of an OLC opinion described in subparagraph (A), the Attorney General shall submit the full opinion, without redaction, to any Member of Congress and any appropriately cleared congressional staff member. (D) Periodic review To the maximum extent practicable, the Attorney General shall, on a continual basis and not less frequently than once every 90 days— (i) review every OLC opinion published under this subsection that contains redactions of classified information; and (ii) remove any redactions that no longer protect information that is classified as either sensitive, secret, or top secret. (4) Deadline for publication (A) In general Each OLC opinion issued by the Office of Legal Counsel of the Department after the date of enactment of the DOJ OLC Transparency Act shall be published in accordance with this section as soon as practicable, but not later than 48 hours, after the date of issuance of the opinion. (B) Previously issued opinions In the case of OLC opinions issued before the date of enactment of the DOJ OLC Transparency Act , the Attorney General shall, subject to subparagraph (C)— (i) not later than 30 days after the date of enactment of the DOJ OLC Transparency Act , publish all of the OLC opinions issued during fiscal years 2020 through 2023; (ii) not later than 60 days after the date of enactment of the DOJ OLC Transparency Act , publish all of the OLC opinions issued during fiscal years 2000 through 2019; (iii) not later than 90 days after the date of enactment of the DOJ OLC Transparency Act , publish all of the OLC opinions issued during fiscal years 1980 through 1999; (iv) not later than 120 days after the date of enactment of the DOJ OLC Transparency Act , publish all of the OLC opinions issued during fiscal years 1960 through 1979; and (v) not later than 2 years after the date of enactment of the DOJ OLC Transparency Act , publish all of the OLC opinions issued before fiscal year 1960. (C) Description of certain opinions In the case of an OLC opinion issued by the Office of Legal Counsel of the Department before the date of enactment of the DOJ OLC Transparency Act for which the text of the OLC opinion cannot be located, the Attorney General shall— (i) publish a description of the OLC opinion; and (ii) submit a written certification to Congress, under penalty of perjury, that— (I) a good faith effort was made to find the text of the OLC opinion; and (II) the text of the OLC opinion is unavailable. (5) Right of action (A) In general On complaint brought by a complainant who has been harmed as a result of being deprived access to an OLC opinion that is required to be made available to the public free of charge on the public website of the Department under this subsection, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia, has jurisdiction to enjoin the Office of Legal Counsel from withholding information required to be made available under this subsection and to order the production of information improperly withheld from the complainant. (B) Review In a case brought under subparagraph (A)— (i) the court— (I) shall determine the matter de novo; and (II) may examine the contents of the opinion issued by the Office of Legal Counsel in camera to determine whether such information or any part thereof shall be withheld under paragraph (3); and (ii) the burden is on the Office of Legal Counsel to sustain its action. . | https://www.govinfo.gov/content/pkg/BILLS-117s3858is/xml/BILLS-117s3858is.xml |
117-s-3859 | II 117th CONGRESS 2d Session S. 3859 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Whitehouse (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To control the export of electronic waste in order to ensure that such waste does not become the source of counterfeit goods that may reenter military and civilian electronics supply chains in the United States, and for other purposes.
1. Short title This Act may be cited as the Secure E-Waste Export and Recycling Act . 2. Export controls on electronic waste (a) Definitions In this section: (1) Counterfeit military good The term counterfeit military good means a counterfeit good that— (A) is falsely identified or labeled as meeting military specifications; or (B) is intended for use in a military, intelligence, or national security application. (2) Counterfeit good The term counterfeit good means any good on which, or in connection with which, a counterfeit mark is used. (3) Counterfeit mark The term counterfeit mark has the meaning given that term in section 2320 of title 18, United States Code. (4) Electronic waste (A) In general The term electronic waste means any of the following used items containing electronic components, or fragments thereof, including parts or subcomponents of such items: (i) Computers and related equipment. (ii) Data center equipment (including servers, network equipment, firewalls, battery backup systems, and power distribution units). (iii) Mobile computers (including notebooks, netbooks, tablets, and e-book readers). (iv) Televisions (including portable televisions and portable DVD players). (v) Video display devices (including monitors, digital picture frames, and portable video devices). (vi) Digital imaging devices (including printers, copiers, facsimile machines, image scanners, and multifunction machines). (vii) Consumer electronics— (I) including digital cameras, projectors, digital audio players, cellular phones and wireless internet communication devices, audio equipment, video cassette recorders, DVD players, video game systems (including portable systems), video game controllers, signal converter boxes, and cable and satellite receivers; and (II) not including appliances that have electronic features. (viii) Portable global positioning system navigation devices. (ix) Other used electronic items that the Secretary determines to be necessary to carry out this section. (B) Exempt items The term electronic waste does not include— (i) exempted electronic waste items; (ii) electronic parts of a motor vehicle; or (iii) electronic components, or items containing electronic components, that are exported or reexported to an entity under the owernship or control of the person exporting or reexporting the components or items, with the intent that the components or items be used for the purpose for which the components or items were used in the United States. (5) Exempted electronic waste items The term exempted electronic waste items means the following: (A) Tested, working used electronics. (B) Low-risk counterfeit electronics. (C) Recalled electronics. (6) Export administration regulations The term Export Administration Regulations means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. (7) Export; reexport The terms export and reexport have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ). (8) Feedstock The term feedstock means any raw material constituting the principal input for an industrial process. (9) Low-risk counterfeit electronics The term low-risk counterfeit electronics means any electronic components or items that— (A) have been subjected to destruction processes that render the items unusable for their original purpose; and (B) are exported as a feedstock, with no additional mechanical or hand separation required, in a reclamation process to render the electronic components or items recycled consistent with the laws of the foreign country performing the reclamation process. (10) Person The term person means an individual or entity. (11) Recalled electronics The term recalled electronics means any electronic items that— (A) because of a defect in the design or manufacture of the items— (i) are subject to a recall notice issued by the Consumer Product Safety Commission or other pertinent Federal authority and have been received by the manufacturer or its agent and repaired by the manufacturer or its agent to cure the defect; or (ii) have been recalled by the manufacturer as a condition of the validity of the warranty on the items and have been repaired by the manufacturer or its agent to cure the defect; and (B) are exported by the manufacturer of the items. (12) Secretary The term Secretary means the Secretary of Commerce. (13) Tested, working used electronics The term tested, working used electronics means any used electronic items that— (A) are determined, through testing methodologies established by the Secretary, to be— (i) fully functional for the purpose for which the items were designed; or (ii) in the case of multifunction devices, fully functional for at least one of the primary purposes for which the items were designed; (B) are exported with the intent to reuse the products as functional products; and (C) are appropriately packaged for shipment to prevent the items from losing functionality as a result of damage during shipment. (14) Used The term used , with respect to an item, means the item has been operated or employed. (b) Prohibition Except as provided in subsections (c) and (d), no person may export or reexport electronic waste or exempted electronic waste items. (c) Export prohibition exemptions A person may export or reexport exempted electronic waste items if the following requirements are met: (1) Registration The person is listed on a publicly available registry maintained by the Secretary of persons authorized to export or reexport exempted electronic waste. (2) Purpose The exempted electronic waste items are being exported or reexported for reclamation, recall, or reuse. (3) Filing of export information For each export transaction, the person files in the Automated Export System, in accordance with part 758 of the Export Administration Regulations (or any corresponding similar regulation or ruling), electronic export information that contains, at a minimum, the following information: (A) A description of the type and total quantity of exempted electronic waste items exported. (B) The name of each country that will receive the exempted electronic waste items for reuse, recall, or recycling. (C) (i) The name of the ultimate consignee that will receive the exempted electronic waste items for reclamation, recall, or reuse; and (ii) documentation and a declaration that such consignee has the necessary permits, resources, and competence to manage the exempted electronic waste items as reusable products or recyclable feedstock and prevent the release of such items as counterfeit goods or counterfeit military goods. (4) Compliance with existing laws The export or reexport of the exempted electronic waste items otherwise complies with applicable international agreements to which the United States is a party and with other trade and export control laws of the United States. (5) Export declarations and requirements The exempted electronic waste items are accompanied by— (A) documentation of the registration of the exporter required under paragraph (1); (B) a declaration signed by an officer or designated representative of the exporter asserting that the exempted electronic waste items meet the applicable requirements for exempted electronic waste items under this section; (C) a description of the contents and condition of the exempted electronic waste items in the shipment; (D) for tested, working used electronics, a description of the testing methodologies and test results for each item; (E) the name of the ultimate consignee and declaration of the consignee’s applicable permits, resources, and competence to process or use the items as intended; and (F) with respect to low-risk counterfeit electronics only and when required by the country to which the electronics are being exported or reexported, the written consent of the competent authority of the country to allow the entry of the electronics into the country. (d) Exception for personal use The Secretary may provide for an exception to the requirements of this section, subject to such recordkeeping requirements as the Secretary may impose, for the export or reexport of 5 or fewer items that are or contain electronic components intended for personal use. (e) Penalties for violations Any person who violates this section or the regulations issued under subsection (f)(2) shall be subject to the same penalties as those that apply to any person violating any other provision of the Export Administration Regulations. (f) Effective date (1) In general Subject to paragraph (2), this section shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act. (2) Modification of EAR The Secretary shall, not later than the effective date under paragraph (1), ensure that the Export Administration Regulations are modified to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3859is/xml/BILLS-117s3859is.xml |
117-s-3860 | II 117th CONGRESS 2d Session S. 3860 IN THE SENATE OF THE UNITED STATES March 17, 2022 Ms. Cortez Masto (for herself, Mr. Grassley , Mr. Warnock , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a grant program to provide assistance to local governments with fewer than 200 law enforcement officers, and for other purposes.
1. Short title This Act may be cited as the Invest to Protect Act of 2022 . 2. Grant program (a) Definitions In this Act: (1) De-escalation training The term de-escalation training means a process or tactic used to prevent, reduce, or manage behaviors associated with conflict (including verbal or physical agitation, aggression, violence, or similar behaviors) during an interaction between not less than 2 individuals. (2) Director The term Director means the Director of the Office. (3) Eligible local government The term eligible local government means— (A) a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level that employs fewer than 200 law enforcement officers; and (B) a Tribal government that employs fewer than 200 law enforcement officers. (4) Law enforcement officer The term law enforcement officer has the meaning given the term in section 2503 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10533 ). (5) Office The term Office means the Office of Community Oriented Policing Services of the Department of Justice. (b) Establishment There is established within the Office a grant program to— (1) provide training, body cameras, and access to mental health resources to local law enforcement officers; and (2) improve the recruitment and retention of local law enforcement officers. (c) Authority Not later than 60 days after the date of enactment of this Act, the Director shall award grants to eligible local governments as a part of the grant program established under subsection (b). (d) Applications (1) Barriers The Attorney General shall determine what barriers exist to establishing a streamlined application process for grants under this section. (2) Report Not later than 30 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report that includes a plan to execute a streamlined application process for grants under this section under which an eligible local government seeking a grant under this section can complete the application in not more than 30 minutes. (3) Applications In selecting eligible local governments to receive grants under this section, the Director shall use the streamlined application process described in paragraph (2). (e) Eligible Activities An eligible local government that receives a grant under this section may use amounts from the grant only for— (1) de-escalation training for law enforcement officers; (2) training for law enforcement officers in handling situations of domestic violence; (3) law enforcement officer safety training; (4) the offsetting of overtime costs associated with scheduling issues when a law enforcement officer participates in the training described in paragraphs (1) through (3); (5) the purchasing, storage, operation, and securing of body cameras in accordance with guidelines established by the eligible local government or the Attorney General under subsection (f)(2) until the eligible local government establishes such guidelines; (6) a signing bonus for a law enforcement officer in an amount determined by the eligible local government; (7) a retention bonus for a law enforcement officer in an amount determined by the eligible local government; (8) a stipend for the graduate education of law enforcement officers in the area of mental health, public health, or social work, which shall not exceed the lesser of— (A) $10,000; or (B) the amount the law enforcement officer pays towards such graduate education; and (9) providing access to patient-centered behavioral health services for law enforcement officers, which may include resources for risk assessments, evidence-based, trauma-informed care to treat post-traumatic stress disorder or acute stress disorder, peer support and counselor services and family supports, and the promotion of improved access to high quality mental health care through telehealth. (f) Body camera guidelines (1) In general An eligible local government that uses funds from a grant under this section for the purpose described in subsection (e)(5) shall— (A) follow guidelines established by the eligible local government or the State in which the eligible local government is located relating to the purchasing, storage, operation, and securing of body cameras based on existing industry best practices; or (B) if the guidelines described in subparagraph (A) do not yet exist, follow the guidelines established under paragraph (2). (2) Federal guidelines Not later than 60 days after the date of enactment of this Act, the Attorney General shall establish guidelines relating to the purchasing, storage, operation, and securing of body cameras that are based on existing industry best practices. (g) Disclosure of officer recruitment and retention bonuses Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (6) or (7) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. (h) Grant accountability All grants awarded by the Director under this section shall be subject to the following accountability provisions: (1) Audit requirement (A) Definition In this paragraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. (B) Audits Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. The Inspector General of the Department of Justice shall determine the appropriate number of grantees to be audited each year. (C) Mandatory exclusion A recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). (D) Priority In awarding grants under this section, the Director shall give priority to eligible local governments that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section. (E) Reimbursement If an eligible local government is awarded grant funds under this section during the 2-fiscal-year period during which the eligible local government is barred from receiving grants under subparagraph (C), the Attorney General shall— (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Annual certification Beginning in the fiscal year during which audits commence under paragraph (1)(B), the Attorney General shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives an annual certification— (A) indicating whether— (i) all audits issued by the Office of the Inspector General of the Department of Justice under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; (ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and (iii) all reimbursements required under paragraph (1)(E) have been made; and (B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year. (i) Preventing duplicative grants (1) In general Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. (2) Report If the Attorney General awards grants to the same applicant for a similar purpose the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes— (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose. (j) Funding In carrying out this section, the Director— (1) shall use amounts otherwise made available to the Office; and (2) may use not more than $50,000,000 of such amounts for each of fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s3860is/xml/BILLS-117s3860is.xml |
117-s-3861 | II 117th CONGRESS 2d Session S. 3861 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Risch (for himself, Mr. Van Hollen , and Mr. Rounds ) 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 annual reports to Congress on the assistance provided to Somaliland and to conduct a feasibility study, in coordination with the Secretary of Defense, on establishing a security partnership with Somaliland, without recognizing Somaliland as an independent state.
1. Short title This Act may be cited as the Somaliland Partnership Act . 2. Sense of Congress It is the sense of Congress that— (1) a stronger relationship between the United States and Somaliland would provide numerous, mutually beneficial, strategic opportunities due to Somaliland’s— (A) geographic location in the Horn of Africa and next to the Gulf of Aden; (B) democratic credentials, including peaceful transfers of power following elections; and (C) relative stability in the Horn of Africa; (2) Somaliland’s security situation, level of development, and other challenges differ significantly from the situation in Mogadishu and other regions of Somalia, which necessitates— (A) a different approach to engagement, assistance, and travel by personnel of the Department of State and the United States Agency for International Development; and (B) the avoidance of a one-size-fits-all policy approach to Somalia; and (3) the status of Somaliland should not serve as an obstacle for deeper and meaningful cooperation that will serve the mutual interests of our two governments. 3. Defined term In this Act, the term Somaliland means the territory that— (1) received its independence from the United Kingdom on June 26, 1960, before the creation of the Somali Republic; (2) has been a self-declared independent and sovereign state since 1991 that is not internationally recognized; and (3) exists as a semi-autonomous region of the Federal Republic of Somalia. 4. Report on foreign assistance and other activities in Somaliland (a) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; and (2) the Committee on Foreign Affairs of the House of Representatives . (b) Report (1) In general Not later than September 30, 2022, and annually thereafter until the date that is 5 years after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit a report to the appropriate congressional committees that, with respect to the most recently concluded 12-month period— (A) describes United States foreign assistance to Somaliland, including— (i) the value of such assistance (in United States dollars); (ii) the source from which such assistance was funded; (iii) the names of the programs through which such assistance was administered; (iv) the implementing partners through which such assistance was provided; (v) the sponsoring bureau of the United States Government; and (vi) if the assistance broadly targeted the Federal Republic of Somalia, the portion of such assistance that was— (I) explicitly intended to support Somaliland; and (II) ultimately employed in Somaliland; (B) details the staffing and responsibilities of the Department of State and the United States Agency for International Development supporting foreign assistance, diplomatic relations, consular services, and security initiatives in Somaliland, including the location of such personnel (duty station) and their corresponding bureau; (C) provides— (i) a detailed account of travel to Somaliland by employees of the Department of State and the United States Agency for International Development, if any, including the position, duty station, and trip purpose for each such trip; or (ii) the justification for not traveling to Somaliland if no such personnel traveled during the reporting period; (D) describes consular services provided by the Department of State for the residents of Somaliland; (E) discusses the Department of State’s Travel Advisory for Somalia related to the region of Somaliland; and (F) if the Travel Advisory for all or part of Somaliland is identical to the Travel Advisory for other regions of Somalia, justifies such ranking based on a security assessment of the region of Somaliland. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. 5. Feasibility study on improved diplomatic relations and a security and defense partnership with Somaliland (a) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Armed Services of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Armed Services of the House of Representatives . (b) Feasibility study The Secretary of State, in coordination with the Secretary of Defense, shall conduct a feasibility study regarding the establishment of a partnership between the United States and Somaliland that— (1) includes coordination with Somaliland government security organs, including Somaliland’s Ministry of Foreign Affairs and Ministry of Defense; (2) determines opportunities for collaboration in the pursuit of United States national security interests in the Horn of Africa, the Gulf of Aden, and the broader Indo-Pacific region; (3) identifies opportunities for United States training of Somaliland security sector actors to improve their professionalization and capacity; and (4) assesses the prospect of establishing a nonprofit corporation, to be known as the American Institute of Somaliland , for the purpose of conducting and carrying out programs, transactions, and other relations with Somaliland in the City of Hargeisa on behalf of the United States Government. (c) Report to Congress 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 and the heads of other relevant Federal departments and agencies, shall submit a classified report to the appropriate congressional committees that contains the results of the feasibility study required under subsection (b), including an assessment of the extent to which— (1) opportunities exist for the United States to support the training of Somaliland’s security sector actors with a specific focus on counterterrorism and border and maritime security; (2) Somaliland’s security forces were implicated, if any, in gross violations of human rights during the 3-year period immediately preceding the date of the enactment of this Act; (3) the United States has provided or discussed with government and military officials of Somaliland the provision of training to security forces, including— (A) where such training has occurred; (B) the extent to which Somaliland security forces have demonstrated the ability to absorb previous training; and (C) the ability of Somaliland security forces to maintain and appropriately utilize such training, as applicable; (4) a United States security and defense partnership with Somaliland would have a strategic impact, including by protecting the United States and allied maritime interests in the Bab-el-Mandeb Strait and at Somaliland’s Port of Berbera; (5) Somaliland could— (A) serve as a maritime gateway in East Africa for the United States and its allies; and (B) counter Iran’s presence in the Gulf of Aden and China’s growing regional military presence; (6) a United States security and defense partnership would— (A) bolster security and defense cooperation and capabilities between Somaliland and Taiwan; (B) stabilize this semi-autonomous region of Somalia further as a democratic counterweight to anti-democratic forces in the greater Horn of Africa region; and (C) impact the capacity of the United States to achieve policy objectives in Somalia, particularly to degrade and ultimately defeat the terrorist threat posed by Al-Shabaab, the Islamic State in Somalia (the Somalia-based Islamic State affiliate), and other terrorist groups operating in Somalia; (7) the extent to which an improved diplomatic relationship with Somaliland could— (A) support United States policy focused on the Red Sea corridor, the Indo-Pacific region, and the Horn of Africa; (B) improve cooperation on counterterrorism and intelligence sharing; (C) enable cooperation on counter-trafficking, including the trafficking of humans, wildlife, weapons, and illicit goods; and (D) support trade and development, including how Somaliland could benefit from Prosper Africa and other regional trade initiatives. (d) Form The report required under subsection (c) shall be submitted in unclassified form, but may contain a classified annex. 6. Rule of construction Nothing in this Act, including the reporting requirement under section 4 and the conduct of the feasibility study under section 5, may be construed to convey United States recognition of Somaliland as an independent state. | https://www.govinfo.gov/content/pkg/BILLS-117s3861is/xml/BILLS-117s3861is.xml |
117-s-3862 | II 117th CONGRESS 2d Session S. 3862 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Rubio (for himself, Mr. Casey , Mr. Scott of South Carolina , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Department of Education, in coordination with other relevant Federal agencies, to include a longitudinal component on the impact of the COVID–19 pandemic on student outcomes and well-being on an existing longitudinal educational study.
1. Short title This Act may be cited as the Assessing Children’s Academic Development and the Emotional and Mental Health Implications of COVID–19 Act or the ACADEMIC Act . 2. Interagency longitudinal component on the impact of the COVID–19 pandemic on student outcomes and well-being (a) Authorization of component (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Education, in coordination with the heads of other relevant Federal agencies, shall include in a prekindergarten through grade 12 longitudinal educational study that was authorized before the date of enactment of this Act and that is active on such date of enactment, to the extent practicable and appropriate, a longitudinal component on the impact of the COVID–19 pandemic and the associated school closures, remote learning, and other factors, on student outcomes and well-being. (2) Impacts (A) In general The longitudinal component authorized under paragraph (1) shall include the impact on students’— (i) academic achievement, including any learning loss; (ii) social and emotional well-being; (iii) mental health; (iv) behavioral health; and (v) physical health. (B) HIPAA compliance The longitudinal component authorized under paragraph (1) shall comply with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (3) Study on specific subgroups (A) In general The longitudinal component authorized under paragraph (1) shall examine the impact on specific subgroups of students (except as provided in subparagraph (B)), including on each of those subgroups 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 on each of the following: (i) Status as a student with a parent who is a member of the armed forces (as defined in section 101(a)(4) of title 10, United States Code) on active duty (as defined in section 101(d)(1) of title 10, United States Code) or serves on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code). (ii) Status as a homeless child or youth, as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) ). (iii) Status as a child in foster care. In this clause, the term foster care means 24-hour substitute care for children placed away from their parents and for whom the agency under part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq. ) has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and preadoptive homes. A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the State, Tribal, or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is Federal matching of any payments that are made. (iv) Status as a neglected, delinquent, or at-risk student, as described in part D of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6421 et seq. ). (v) Students from different grade levels. (B) Exception The requirement under subparagraph (A) to examine the impact on a specific subgroup of students shall not be required in the case in which the number of students in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (4) National representation The longitudinal component authorized under paragraph (1) shall be nationally representative and include different geographic areas, including rural and urban localities. (b) Privacy laws In carrying out this section, the Secretary of Education, in coordination with the heads of other relevant Federal agencies, shall act in accordance with 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) Release of summary of findings Not later than 1 year after the end of the data collection under the longitudinal component authorized under subsection (a)(1), the Secretary of Education shall release a preliminary summary of findings from the longitudinal component to the public. | https://www.govinfo.gov/content/pkg/BILLS-117s3862is/xml/BILLS-117s3862is.xml |
117-s-3863 | II 117th CONGRESS 2d Session S. 3863 IN THE SENATE OF THE UNITED STATES March 17, 2022 Ms. Rosen (for herself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to obtain an independent cybersecurity assessment of information systems of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Strengthening VA Cybersecurity Act of 2022 . 2. Independent cybersecurity assessment of information systems of Department of Veterans Affairs (a) Independent assessment required (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with a federally funded research and development center to provide the Secretary with an independent cybersecurity assessment of— (A) not more than 10 and not fewer than three high-impact information systems of the Department of Veterans Affairs; and (B) the effectiveness of the information security program and information security management system of the Department. (2) Detailed analysis The independent cybersecurity assessment provided under paragraph (1) shall include a detailed analysis of the ability of the Department— (A) to ensure the confidentiality, integrity, and availability of the information, information systems, and devices of the Department; and (B) to protect against— (i) advanced persistent cybersecurity threats; (ii) ransomware; (iii) denial of service attacks; (iv) insider threats; (v) threats from foreign actors, including State sponsored criminals and other foreign based criminals; (vi) phishing; (vii) credential theft; (viii) cybersecurity attacks that target the supply chain of the Department; (ix) threats due to remote access and telework activity; and (x) other cyber threats. (3) Types of systems The independent cybersecurity assessment provided under paragraph (1) shall cover on-premises, remote, cloud-based, and mobile information systems and devices used by, or in support of, Department activities. (4) Shadow information technology The independent cybersecurity assessment provided under paragraph (1) shall include an evaluation of the use of information technology systems, devices, and services by employees and contractors of the Department who do so without the elements of the Department that are responsible for information technology at the Department knowing or approving of such use. (5) Methodology In conducting the cybersecurity assessment provided under paragraph (1), the federally funded research and development center shall take into account industry best practices and the current state-of-the-art in cybersecurity evaluation and review. (b) Plan (1) In general Not later than 120 days after the date on which an independent assessment is provided to the Secretary pursuant to an agreement entered into under subsection (a) with a federally funded research and development center, the Secretary shall submit to Congress a plan to address the findings of the federally funded research and development center set forth in such assessment. (2) Elements The plan submitted under paragraph (1) shall include the following: (A) A cost estimate for implementing the plan. (B) A timeline for implementing the plan. (C) Such other elements as the Secretary considers appropriate. (c) Comptroller General of the United States review Not later than 180 days after the date of the submission of the plan under (b)(1), the Comptroller General of the United States shall— (1) commence a review of— (A) the independent cybersecurity assessment provided under subsection (a); and (B) the response of the Department to such assessment; and (2) submit to Congress a report of the results of that review commenced under paragraph (1), including any recommendations made to the Secretary regarding the matters covered by the report. | https://www.govinfo.gov/content/pkg/BILLS-117s3863is/xml/BILLS-117s3863is.xml |
117-s-3864 | II 117th CONGRESS 2d Session S. 3864 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Murphy (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve the pediatric mental health care access grant program.
1. Short title This Act may be cited as the Supporting Children's Mental Health Care Access Act of 2022 . 2. Pediatric mental health care access grants Section 330M of the Public Health Service Act ( 42 U.S.C. 254c–19 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (G)— (I) by inserting developmental-behavioral pediatricians, after adolescent psychiatrists, ; and (II) by inserting , and which may include addiction specialists, after mental health counselors ; (ii) in subparagraph (H), by striking ; and and inserting a semicolon; (iii) in subparagraph (I), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (J) maintain an up-to-date list of community-based supports for children with mental health problems. ; (B) in paragraph (2), by inserting , and which may include a developmental-behavioral pediatrician and an addiction specialist before the period at the end of the first sentence; and (C) by adding at the end the following: (3) Support to schools and emergency departments In addition to the required activities specified in paragraph (1), a statewide or regional network of pediatric mental health teams referred to in subsection (a), with respect to which a grant under such subsection may be used, may provide support to schools and emergency departments. ; (2) by redesignating subsection (g) as subsection (h); (3) by inserting after subsection (f) the following: (g) Technical assistance The Secretary may award a grant to an eligible entity for purposes of providing technical assistance to recipients of grants under subsection (a). ; and (4) in subsection (h), as so redesignated, by striking $9,000,000 for the period of fiscal years 2018 through 2022 and inserting such sums as may be necessary for the period of fiscal years 2023 through 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s3864is/xml/BILLS-117s3864is.xml |
117-s-3865 | II 117th CONGRESS 2d Session S. 3865 IN THE SENATE OF THE UNITED STATES March 17, 2022 Ms. Ernst (for herself, Mr. Grassley , and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require disclosure of the total amount of interest that would be paid over the life of a loan for certain Federal student loans.
1. Short title This Act may be cited as the Student Transparency for Understanding Decisions in Education Net Terms Act or the STUDENT Act . 2. Interest disclosure Section 433(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1083(a) ) is amended— (1) by redesignating paragraphs (18) and (19) as paragraphs (19) and (20), respectively; and (2) by inserting after paragraph (17) the following: (18) the total amount of interest that would be paid over the life of the loan based on a standard 10-year repayment plan; . | https://www.govinfo.gov/content/pkg/BILLS-117s3865is/xml/BILLS-117s3865is.xml |
117-s-3866 | II 117th CONGRESS 2d Session S. 3866 IN THE SENATE OF THE UNITED STATES March 17, 2022 Ms. Murkowski (for herself, Ms. Cantwell , Mr. Whitehouse , Mrs. Murray , Mr. Merkley , Ms. Collins , and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish Ocean Innovation Clusters to strengthen the coastal communities and ocean economy of the United States through technological research and development, job training, and cross-sector partnerships, and for other purposes.
1. Short title This Act may be cited as the Ocean Regional Opportunity and Innovation Act of 2022 . 2. Definitions In this Act: (1) Blue Economy The term Blue Economy means the value and impact of sustainable industries related to the Great Lakes, oceans, bays, estuaries, and coasts on the economy of the United States, including living resources, marine construction, marine transportation, offshore energy development and siting including for renewable energy, offshore mineral production, ship and boat building, tourism, recreation, subsistence, commercial, recreational, and charter fishing, seafood processing, and other fishery-related businesses, kelp and shellfish aquaculture, coastal resilience, and other industries the Secretary of Commerce considers appropriate. (2) Director of Sea Grant The term Director of Sea Grant means the Director of the National Sea Grant College Program appointed under section 204(d)(1) of the National Sea Grant College Program Act ( 33 U.S.C. 1123(d)(1) ). (3) 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 ). (4) Native Hawaiian organization The term Native Hawaiian organization has the meaning given the term in section 6207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 ). (5) Ocean Innovation Center for Cross-Sector Collaboration The term Ocean Innovation Center for Cross-Sector Collaboration means a physical space for collaboration developed and managed in accordance with section 3(i). (6) Ocean Innovation Cluster The term Ocean Innovation Cluster means an eligible entity designated by the Secretary of Commerce under section 3. 3. Ocean Innovation Clusters (a) Designation Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, and the Assistant Secretary of Commerce for Economic Development, shall designate not fewer than 7 eligible entities as Ocean Innovation Clusters. (b) Eligible entities For purposes of this section, an eligible entity is an entity— (1) that is composed, in a concentrated geographic region, of 1 or more— (A) business organizations; (B) academic institutions, including minority- and Tribal-serving institutions; (C) not-for-profit organizations; (D) Federal, State, or local governmental entities, agencies, or instrumentalities; (E) Indian Tribes; or (F) Native Hawaiian organizations; (2) that is led by a not-for-profit organization; and (3) that works to deliver services in the concentrated geographic region where the entity is located, enhance collaboration, promote innovation, and contribute to the equitable and sustainable growth of the Blue Economy across all sectors. (c) Priority In designating entities as Ocean Innovation Clusters under subsection (a), the Secretary of Commerce shall prioritize entities with a history of supporting cross-sector growth and development of the Blue Economy. (d) Geographic diversity The Secretary of Commerce shall designate not fewer than 1 Ocean Innovation Cluster under subsection (a) in— (1) each of the regions covered by the 5 regional offices of the National Marine Fisheries Service; (2) the Great Lakes region; and (3) the Gulf of Mexico region. (e) Considerations In designating an eligible entity as an Ocean Innovation Cluster under subsection (a), the Secretary of Commerce shall consider the following: (1) The economic development potential of the coastal community or region in which the entity is located. (2) The ability of the entity to incorporate and bring growth and opportunity to broad geographic areas, including urban, rural, and underserved areas. (3) Whether the entity serves a diverse, multigenerational, ocean-dependent population consisting of groups with different socioeconomic and educational attainment levels, industries, and Indian Tribes. (4) The ability of the entity to cultivate and leverage partnerships with private industry, academia, nongovernmental organizations, Federal, State, and local governments, and Indian Tribes to collaborate on shared outcomes. (5) The relative potential for the designation of the entity as an Ocean Innovation Cluster to reverse a decline, or accelerate growth, in ocean sector jobs. (6) The ability of the entity to carry out projects that support economic and climate resilience through economic diversification and long-term recovery from natural disasters. (7) The extent, rural and underserved nature, and economic underutilization of the coastline and ocean area that projects carried out by the entity could affect. (f) Partnership management (1) Partnership liaisons (A) Designation The Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, and the Assistant Secretary of Commerce for Economic Development shall each designate 1 partnership manager from within their respective agencies to serve as a partnership liaison between each Ocean Innovation Cluster and Sea Grant, the National Oceanic and Atmospheric Administration, and the Economic Development Administration, respectively. (B) Function Each partnership liaison designated under subparagraph (A) shall ensure that Ocean Innovation Clusters— (i) have direct communication with the agency of the liaison; and (ii) allow for collaboration and alignment with Federal objectives in each region regarding the Blue Economy. (2) Interagency coordination (A) Secretary of Commerce and partnership liaisons The Secretary of Commerce shall coordinate with the Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, the Assistant Secretary of Commerce for Economic Development, the Department of Energy, the Maritime Administration of the Department of Transportation, the Environmental Protection Agency, the Bureau of Ocean Energy Management of the Department of the Interior, the Department of Agriculture, the Coast Guard, and such other Federal agencies, including bureaus of the Department of Commerce, as the Secretary of Commerce considers appropriate to increase technical knowledge exchange and opportunities for cross-sector collaboration with those agencies. (B) Secretary of Energy With respect to matters relating to the nexus of the Blue Economy and the responsibilities and expertise of the Department of Energy, the Secretary of Energy— (i) shall provide advice and recommendations to the Secretary of Commerce in order to increase technical knowledge exchange and opportunities for cross-sector collaboration; and (ii) may provide such advice and recommendations without any formal request from the Department of Commerce. (g) Development of economic impact metrics of Ocean Innovation Clusters The Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of Economic Analysis of the Department of Commerce, and the heads of other relevant Federal agencies shall use and refine the Marine Economy Satellite Account to measure the value to and impact of Ocean Innovation Clusters on the Blue Economy. (h) Areas of focus The Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, and the Assistant Secretary of Commerce for Economic Development shall coordinate with each Ocean Innovation Cluster in the following areas of focus: (1) Increasing pathways for new entrants into the Blue Economy for individuals and entities. (2) Intellectual property management. (3) Enhancing the sustainability of seafood supply chains, including with respect to food, transportation, processing, health and beauty products, animal feed, medical biotechnology, bioplastics, biofuels, and other value-added products, to strive for full use of harvested natural resources. (4) Providing significant and sustainable economic opportunity through advanced research, cross-sector science, and technology development. (5) Contributing new knowledge, processes, technology, and support for stakeholders in the Blue Economy, especially to advance sustainability in specific sectors. (6) Working with Federal, State, local, and Tribal agencies to clearly communicate laws, regulations, and agency practices affecting industry needs, planning, or growth opportunities. (7) Creating investable opportunities through the development of economies of scale to enhance growth opportunities, job creation, sustainability, and expansion for small businesses within the Blue Economy. (8) Workforce development and training, business planning, identifying existing and needed technology and economic infrastructure, and coordinated research and development among small businesses, government, and industry. (9) Research, development, and implementation of ocean energy, bioprospecting, and other innovative and sustainable ocean resource development endeavors. (i) Ocean Innovation Centers for Cross-Sector Collaboration (1) In general In order to foster collaboration and innovation and strengthen regional ocean sector economies while creating employment opportunities, the Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, and the Assistant Secretary of Commerce for Economic Development shall collaborate with cross-sector partners to jointly develop or designate at least 1 physical space for collaboration as an Ocean Innovation Center for Cross-Sector Collaboration within each of the 7 regions with an Ocean Innovation Cluster. (2) Management An Ocean Innovation Cluster or a group of Ocean Innovation Clusters shall manage the Ocean Innovation Center for Cross-Sector Collaboration of the region in which the Cluster or Clusters is located. (3) Functions Each Ocean Innovation Center for Cross-Sector Collaboration shall— (A) serve as a hub for partners within Ocean Innovation Clusters to work toward the areas of focus in described in subsection (h); (B) support a community of entrepreneurs focused on strengthening vibrant marine-dependent communities and the Blue Economy; (C) create workspaces and laboratories designed to promote collaboration, including through shared meeting rooms, access to technology, common spaces, and offices; (D) strengthen relationships among industry sectors through shared scientific, staffing, and business resources; (E) develop the critical networks with cross-sector partners that entrepreneurs need to grow effectively; and (F) develop the next generation of Blue Economy workers by providing internships, apprenticeships, or training, as appropriate, including for underrepresented and Tribal communities and local trade schools. 4. Grants for Ocean Innovation Clusters The Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 et seq. ) is amended by adding at the end the following: 29. Grants for Ocean Innovation Clusters (a) In general The Secretary, in consultation with the Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, and the Assistant Secretary of Commerce for Economic Development, may award grants, on a competitive basis, to Ocean Innovation Clusters for the purposes described in subsection (b). (b) Purposes The Secretary may award grants under subsection (a) for— (1) the operation and administration of one or more Ocean Innovation Clusters under the Ocean Regional Opportunity and Innovation Act of 2022 , with the goal that Ocean Innovation Clusters will become membership-based, self-sustaining entities; and (2) one-time capital investments made by one or more Ocean Innovation Clusters necessary— (A) to establish one or more Ocean Innovation Centers for Cross-Sector Collaboration; and (B) to foster cross-sector collaboration within Ocean Innovation Cluster regions. (c) Input In awarding a grant under subsection (a), the Secretary shall provide an opportunity for input from the Director of Sea Grant, the Assistant Secretary of Commerce for Oceans and Atmosphere, and the Assistant Secretary of Commerce for Economic Development. (d) Term of grants (1) Operation and administration (A) In general The term of a grant awarded under subsection (a) for a purpose described in subsection (b)(1) shall be 2 years. (B) Renewal The Secretary may renew a grant described in subparagraph (A) for additional periods of such duration as the Secretary determines to be appropriate and necessary for the Ocean Innovation Cluster that received the grant to provide regional economic benefits. (2) Capital investment The term of a grant awarded under subsection (a) for a purpose described in subsection (b)(2) shall be for a period determined to be appropriate by the Secretary. (e) Grants for infrastructure Any grant awarded under subsection (a) to support the construction of facilities, upgrades to existing facilities, or site connectivity infrastructure shall be awarded pursuant to section 201 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 ) and subject to the provisions of such Act, except that subsection (b) of such section and sections 204 and 301 of such Act ( 42 U.S.C. 3144 , 3161) shall not apply. (f) Limitations on grant amounts (1) Operation and administration A grant awarded under subsection (a) for a purpose described in subsection (b)(1) may not exceed $10,000,000. (2) Capital investment A grant awarded under subsection (a) for a purpose described in subsection (b)(2) may not exceed $10,000,000. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to award grants under subsection (a) $50,000,000 for each of fiscal years 2023 through 2028. (h) Definitions In this section: (1) Director of Sea Grant The term Director of Sea Grant means the Director of the National Sea Grant College Program appointed under section 204(d)(1) of the National Sea Grant College Program Act ( 33 U.S.C. 1123(d)(1) ). (2) Ocean Innovation Cluster; Ocean Innovation Center for Cross-Sector Collaboration The terms Ocean Innovation Cluster and Ocean Innovation Center for Cross-Sector Collaboration have the meanings given those terms in section 2 of the Ocean Regional Opportunity and Innovation Act of 2022 . . | https://www.govinfo.gov/content/pkg/BILLS-117s3866is/xml/BILLS-117s3866is.xml |
117-s-3867 | II 117th CONGRESS 2d Session S. 3867 IN THE SENATE OF THE UNITED STATES March 17, 2022 Ms. Warren (for herself, Mr. Reed , Mr. Warner , Mr. Tester , Ms. Duckworth , Ms. Stabenow , Mr. Warnock , Mr. Van Hollen , Ms. Smith , Ms. Cortez Masto , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To impose sanctions with respect to the use of cryptocurrency to facilitate transactions by Russian persons subject to sanctions, and for other purposes.
1. Short title This Act may be cited as the Digital Asset Sanctions Compliance Enhancement Act of 2022 . 2. Definitions In this Act: (1) Appropriate congressional committees and leadership The term appropriate congressional committees and leadership means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the majority and minority leaders of the Senate; and (B) the Committee on Financial Services, the Committee on Foreign Affairs, and the speaker, the majority leader, and the minority leader of the House of Representatives. (2) Digital assets The term digital assets means any digital representation of value, financial assets and instruments, or claims that are used to make payments or investments, or to transmit or exchange funds or the equivalent thereof, that are issued or represented in digital form through the use of distributed ledger technology. (3) Digital asset trading platform The term digital asset trading platform means a person, or group of persons, that operates as an exchange or other trading facility for the purchase, sale, lending, or borrowing of digital assets. (4) Digital asset transaction facilitator The term digital asset transaction facilitator means— (A) any person, or group of persons, that significantly and materially facilitates the purchase, sale, lending, borrowing, exchange, custody, holding, validation, or creation of digital assets on the account of others, including any communication protocol, decentralized finance technology, smart contract, or other software, including open-source computer code— (i) deployed through the use of distributed ledger or any similar technology; and (ii) that provides a mechanism for multiple users to purchase, sell, lend, borrow, or trade digital assets; and (B) any person, or group of persons, that the Secretary of the Treasury otherwise determines to be significantly and materially facilitating digital assets transactions in violation of sanctions. (5) Foreign person The term foreign person means an individual or entity that is not a United States person. (6) United States person The term United States person means— (A) an individual who is 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. 3. Imposition of sanctions with respect to the use of digital assets to facilitate transactions by Russian persons subject to sanctions (a) Report required Not later than 90 days after the date of the enactment of this Act, and periodically thereafter as necessary, the President shall submit to Congress a report identifying any foreign person that— (1) operates a digital asset trading platform or is a digital asset transaction facilitator; and (2) (A) has significantly and materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of any person with respect to which sanctions have been imposed by the United States relating to the Russian Federation, including by facilitating transactions that evade such sanctions; or (B) is owned or controlled by, or acting or purporting to act for or on behalf of any person with respect to which sanctions have been imposed by the United States relating to the Russian Federation. (b) Imposition of sanctions The President may exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person identified in a report submitted under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (c) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) National security waiver The President may waive the imposition of sanctions under this section 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 Congress a notification of the waiver and the reasons for the waiver. (e) Exceptions (1) Exception for intelligence activities This section 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 relating to importation of goods (A) In general The authority to block and prohibit all transactions in all property and interests in property under subsection (b) shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. 4. Discretionary prohibition of transactions The Secretary of the Treasury may require that no digital asset trading platform or digital asset transaction facilitator that does business in the United States transact with, or fulfill transactions of, digital asset addresses that are known to be, or could reasonably be known to be, affiliated with persons headquartered or domiciled in the Russian Federation if the Secretary— (1) determines that exercising such authority is important to the national interest of the United States; and (2) not later than 90 days after exercising the authority described in paragraph (1), submits to the appropriate congressional committees and leadership a report on the basis for any determination under that paragraph. 5. Transaction reporting Not later than 120 days after the date of enactment of this Act, the Financial Crimes Enforcement Network shall require United States persons engaged in a transaction with a value greater than $10,000 in digital assets through 1 or more accounts outside of the United States to file a report described in section 1010.350 of title 31, Code of Federal Regulations, using the form described in that section, in accordance with section 5314 of title 31, United States Code. 6. Reports (a) In general Not later than 120 days after the date of enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees and leadership a report on the progress of the Department of the Treasury in carrying out this Act, including any resources needed by the Department to improve implementation and progress in coordinating with governments of countries that are allies or partners of the United States. (b) Other reports Not later than 120 days after the date of enactment of this Act, and every year thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees and leadership and make publicly available a report identifying the digital asset trading platforms that the Office of Foreign Assets Control of the Department of the Treasury determines to be high risk for sanctions evasion, money laundering, or other illicit activities. Any exchange included in the report may petition the Office of Foreign Assets Control for removal, which shall be granted upon demonstrating that the exchange is taking steps sufficient to comply with applicable United States law. | https://www.govinfo.gov/content/pkg/BILLS-117s3867is/xml/BILLS-117s3867is.xml |
117-s-3868 | II 117th CONGRESS 2d Session S. 3868 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Peters (for himself 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 correct the inequitable denial of enhanced retirement and annuity benefits to certain U.S. Customs and Border Protection Officers.
1. Short title This Act may be cited as the U.S. Customs and Border Protection Officer Retirement Technical Corrections Act . 2. Adjustment related to transition rules (a) Defined term In this section the term Eligible Individual means any individual who— (1) received and accepted an offer of employment as a U.S. Customs and Border Protection Officer before July 6, 2008; and (2) entered into duty as a U.S. Customs and Border Protection officer on or after July 6, 2008, as a result of an offer described in paragraph (1). (b) Treatment of Eligible Individuals Eligible Individuals— (1) are considered to be individuals serving as U.S. Customs and Border Protection Officers on July 6, 2008, for purposes of section 535(e) of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161 ; 121 Stat. 1844); and (2) are entitled to— (A) the minimum annuity amount required under section 535(e)(2)(C) of such Act; and (B) an exemption from mandatory retirement otherwise required under section 8425(b)(1) of title 5, United States Code. (c) Implementation (1) Submission of information Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall— (A) create a list of all Eligible Individuals; (B) notify each Eligible Individual of the annuity correction described in subsection (b); and (C) provide the Director of the Office of Personnel Management with all of the information that is necessary for making annuity corrections with respect to Eligible Individuals. (2) Completion of annuity correction After receiving the information described in paragraph (1)(C), the Director of the Office of Personnel Management shall make the annuity correction described in subsection (b) with respect to each Eligible Individual, including a retroactive annuity adjustment for Eligible Individuals who retired before the date of the enactment of this Act. (d) Waivers and guidance (1) Waivers The Secretary of Homeland Security may retroactively waive the maximum entry age requirement under 3307(g) of title 5, United States Code, to the extent necessary, to ensure that each Eligible Individual is eligible for immediate retirement with the annuity correction described in subsection (b). (2) Guidance The Director of the Office of Personnel Management, in consultation with the Secretary of Homeland Security, shall issue appropriate guidance to assist in the implementation of the annuity correction described in subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-117s3868is/xml/BILLS-117s3868is.xml |
117-s-3869 | II 117th CONGRESS 2d Session S. 3869 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Durbin (for himself and Mr. Toomey ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To add Ireland to the E–3 nonimmigrant visa program.
1. E–3 visas for Irish nationals (a) In general Section 101(a)(15)(E)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E)(iii) ) is amended by inserting or, on a basis of reciprocity as determined by the Secretary of State, a national of Ireland, after Australia . (b) Employer requirements Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended— (1) by redesignating the second subsection (t) (as added by section 1(b)(2)(B) of Public Law 108–449 (118 Stat. 3470)) as subsection (u); and (2) by adding at the end of subsection (t)(1) (as added by section 402(b)(2) of Public Law 108–77 (117 Stat. 941)) the following: (E) In the case of an attestation filed with respect to a national of Ireland described in section 101(a)(15)(E)(iii), the employer is, and will remain during the period of authorized employment of such Irish national, a participant in good standing in the E-Verify program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note). . (c) Application allocation Paragraph (11) of section 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(11) ) is amended to read as follows: (11) (A) The Secretary of State may approve initial applications submitted for aliens described in section 101(a)(15)(E)(iii) only as follows: (i) For applicants who are nationals of the Commonwealth of Australia, not more than 10,500 for a fiscal year. (ii) For applicants who are nationals of Ireland, not more than a number equal to the difference between 10,500 and the number of applications approved in the prior fiscal year for aliens who are nationals of the Commonwealth of Australia. (B) The approval of an application described under subparagraph (A)(ii) shall be deemed for numerical control purposes to have occurred on September 30 of the prior fiscal year. (C) The numerical limitation under subparagraph (A) shall only apply to principal aliens and not to the spouses or children of such aliens. . | https://www.govinfo.gov/content/pkg/BILLS-117s3869is/xml/BILLS-117s3869is.xml |
117-s-3870 | II 117th CONGRESS 2d Session S. 3870 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Tester (for himself, Mr. Grassley , Mr. Rounds , Mr. Booker , Mr. Daines , Mr. Hoeven , Mr. Thune , Mr. Heinrich , Mr. Blumenthal , Ms. Klobuchar , Ms. Stabenow , Mr. Wyden , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To establish the Office of the Special Investigator for Competition Matters within the Department of Agriculture.
1. Short title This Act may be cited as the Meat and Poultry Special Investigator Act of 2022 . 2. Office of the Special Investigator for Competition Matters (a) In general The Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 216 ( 7 U.S.C. 6916 ) the following: 217. Office of the Special Investigator for Competition Matters (a) Establishment There is established in the Department an office, to be known as the Office of the Special Investigator for Competition Matters (referred to in this section as the Office ). (b) Special investigator for competition matters The Office shall be headed by the Special Investigator for Competition Matters (referred to in this section as the Special Investigator ), who shall be appointed by the Secretary. (c) Duties The Special Investigator shall— (1) use all available tools, including subpoenas, to investigate and prosecute violations of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. ), by packers and live poultry dealers with respect to competition and trade practices in the food and agriculture sector; (2) serve as a Department liaison to, and act in consultation with, the Department of Justice and the Federal Trade Commission with respect to competition and trade practices in the food and agricultural sector; (3) act in consultation with the Department of Homeland Security with respect to national security and critical infrastructure security in the food and agricultural sector; and (4) maintain a staff of attorneys and other professionals with appropriate expertise. (d) Prosecutorial authority (1) In general Notwithstanding title 28, United States Code, the Special Investigator shall have the authority to bring any civil or administrative action authorized under the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. ), against a packer. (2) Effect Nothing in this section alters the authority of the Secretary to issue a subpoena pursuant to the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. ). . (b) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended by adding at the end the following: (11) The authority of the Secretary to carry out section 217. . (c) Technical amendment Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by redesignating the first section 225 (relating to Food Access Liaison) ( 7 U.S.C. 6925 ) as section 224A. | https://www.govinfo.gov/content/pkg/BILLS-117s3870is/xml/BILLS-117s3870is.xml |
117-s-3871 | II 117th CONGRESS 2d Session S. 3871 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Marshall (for himself, Mr. Grassley , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide a means for Congress to prevent an organization’s designation as a foreign terrorist organization from being revoked by the Secretary of State.
1. Revocation of designation as foreign terrorist organization Section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ) is amended— (1) in paragraph (4)— (A) in subparagraph (A), by striking paragraph (5) or (6) and inserting subparagraph (A) or (B) of paragraph (5) ; and (B) in subparagraph (C)(i), by striking paragraph (6) and inserting paragraph (5)(B) ; (2) by striking paragraphs (5) through (7) and inserting the following: (5) Revocation (A) By an act of congress The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1). (B) Based on change in circumstances (i) In general Subject to clauses (ii) and (iii), the Secretary shall revoke a designation made under paragraph (1) with respect to a particular organization if the Secretary determines, after completing a review in accordance with subparagraph (B) or (C) of paragraph (4), that— (I) the circumstances that were the basis for the designation have changed in such a manner as to warrant such revocation; or (II) the national security of the United States warrants such revocation. (ii) Effective date A revocation under this subparagraph may not take effect before the date that is 45 days after the date on which the Secretary, by classified communication, submits written notification to the Speaker and the minority leader of the House of Representatives, the President pro tempore, the majority leader and the minority leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of the Secretary’s determination under clause (i), including the justification for such determination. (C) Joint resolution (i) In general A revocation under subparagraph (B) shall not take effect with respect to a particular organization if Congress, during the 45-day period beginning on the date on which the Secretary notifies Congress pursuant to clause (ii), enacts a joint resolution containing the following statement after the resolving clause: That the proposed revocation of the designation of ____________ as a foreign terrorist organization under section 219(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a)(1) ) pursuant to the notification submitted to the Congress on ________ is prohibited. , with the first blank to be completed with the name of the foreign terrorist organization that is the subject of such proposed revocation and the second blank to be completed with the appropriate date. (ii) Expedited procedures A joint resolution described in clause (i) and introduced within the appropriate 45-day period shall be considered in the Senate and in the House of Representatives in accordance with the procedures set forth in clauses (iii) through (x). (iii) Committee referral A joint resolution described in clause (i) that is introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives . A joint resolution described in subclause (I) that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate . Such a resolution may not be reported before the eighth day after its introduction. (iv) Discharge If the committee to which a joint resolution described in clause (i) is referred does not report such resolution (or an identical resolution) within 15 days after its introduction— (I) such committee shall be discharged from further consideration of such resolution; and (II) such resolution shall be placed on the appropriate calendar of the House involved. (v) Privileged motion When the committee to which a resolution is referred has reported, or has been deemed to be discharged from further consideration of, a resolution described in clause (i), notwithstanding any rule or precedent of the Senate, including Rule 22, it is at any time thereafter in order (even if a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which such motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed. (vi) Debate Debate on a joint resolution described in clause (i), 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 those favoring and those opposing the resolution. A motion to further limit debate is in order and not debatable. An amendment to the joint resolution, a motion to postpone, a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (vii) Vote Immediately following the conclusion of the debate on a joint resolution described in clause (i), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (viii) Appeals Appeals from the decisions of the Chair relating to the application of the rules of the Senate or of the House of Representatives, as the case may be, to the procedure relating to a joint resolution described in clause (i) shall be decided without debate. (ix) Procedures If, before the passage by the Senate of a joint resolution of the Senate described in clause (i), the Senate receives a joint resolution described in clause (i) from the House of Representatives— (I) the resolution of the House of Representatives shall not be referred to a committee; (II) with respect to a joint resolution of the Senate described in clause (i)— (aa) the procedure in the Senate shall be the same as if not resolution had been received from the House of Representatives; and (bb) the vote on final passage shall be on the resolution of the House of Representatives; and (III) upon disposition of the joint resolution received from the House of Representatives, it shall no longer be in order to consider the joint resolution that originated in the Senate. (x) Senate action If the Senate receives a joint resolution described in clause (i) from the House of Representatives after the Senate has disposed of a joint resolution described in clause (i) that originated in the Senate, the action of the Senate regarding the disposition of the Senate originated resolution shall be deemed to be the action of the Senate with regard to the joint resolution that originated in the House of Representatives. (D) Effect of revocation The revocation of a designation under this paragraph shall not affect any action or proceeding based on conduct committed before the effective date of such revocation. ; and (3) by redesignating paragraph (8) as paragraph (6). | https://www.govinfo.gov/content/pkg/BILLS-117s3871is/xml/BILLS-117s3871is.xml |
117-s-3872 | II 117th CONGRESS 2d Session S. 3872 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To clarify the jurisdiction of the Special Inspector General for Pandemic Recovery, and for other purposes.
1. Jurisdiction of the Special Inspector General for Pandemic Recovery Section 4018(c)(1) of the CARES Act ( 15 U.S.C. 9053(c)(1) ) is amended by striking this Act each place that term appears and inserting this division . 2. Appropriations (a) In general In addition to amounts otherwise available, there is appropriated to the Special Inspector General for Pandemic Recovery, out of amounts in the Treasury not otherwise appropriated, $25,000,000 for each of fiscal years 2022 through 2025 to carry out the provisions of section 4018 of the CARES Act ( 15 U.S.C. 9053 ), as amended by section 1 of this Act. (b) Emergency designation (1) In general The amounts appropriated under this section 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 senate In the Senate, subparagraph (A) is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. | https://www.govinfo.gov/content/pkg/BILLS-117s3872is/xml/BILLS-117s3872is.xml |
117-s-3873 | II 117th CONGRESS 2d Session S. 3873 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Warner (for himself and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate the outdoor amphitheater at the Blue Ridge Music Center in Galax, Virginia, as the Rick Boucher Amphitheater .
1. Designation of the Rick Boucher Amphitheater (a) Designation The outdoor amphitheater at the Blue Ridge Music Center, located at 700 Foothills Road, Galax, Virginia, a facility within the Blue Ridge Parkway, which is a unit of the National Park System, shall be known and designated as the Rick Boucher Amphitheater . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the outdoor amphitheater referred to in subsection (a) shall be deemed to be a reference to the Rick Boucher Amphitheater . | https://www.govinfo.gov/content/pkg/BILLS-117s3873is/xml/BILLS-117s3873is.xml |
117-s-3874 | II 117th CONGRESS 2d Session S. 3874 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Cornyn (for himself, Ms. Sinema , Mr. Lankford , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend section 7 of the Fair Labor Standards Act of 1938 to ensure appropriate compensation for certain hours of overtime work by border patrol agents.
1. Short title This Act may be cited as the Border Patrol Pay Security Act of 2022 . 2. Purpose The purposes of this Act are— (1) to strengthen U.S. Customs and Border Protection; and (2) to ensure that border patrol agents are compensated with premium pay for certain hours of overtime work. 3. Fair Labor Standards Act of 1938 premium pay for border patrol agents Section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) is amended by adding at the end the following: (s) Employment as a border patrol agent No public agency shall be deemed to have violated subsection (a) with respect to the employment of any border patrol agent (as defined in section 5550(a)(2) of title 5, United States Code), if, during a work period of 14 consecutive days, the border patrol agent receives compensation at a rate not less than 150 percent of the regular rate at which the border patrol agent is employed for all hours of work between 80 hours and 100 hours. Payments required under this subsection shall be in addition to any payments made under section 5550 of title 5, United States Code, and shall be made notwithstanding any pay limitations set forth in that title. . 4. Technical and conforming amendment Section 13(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a) ) is amended by striking paragraph (18). | https://www.govinfo.gov/content/pkg/BILLS-117s3874is/xml/BILLS-117s3874is.xml |
117-s-3875 | II 117th CONGRESS 2d Session S. 3875 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Peters (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 require the President to develop and maintain products that show the risk of natural hazards across the United States, and for other purposes.
1. Short title This Act may be cited as the Community Disaster Resilience Zones Act of 2022 . 2. Findings Section 101(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by adding ; and at the end; and (3) by adding at the end the following: (7) identifying and improving the climate and natural hazard resilience of vulnerable communities. . 3. Natural disaster risk assessment (a) In general Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 et seq. ) is amended by adding at the end the following: 206. Natural disaster risk assessment (a) Definitions In this section: (1) Community disaster resilience zone The term community disaster resilience zone means a census tract designated by the President under subsection (d)(1). (2) Eligible entity The term eligible entity means— (A) a State; (B) an Indian tribal government; or (C) a local government. (b) Products The President shall continue to maintain a natural disaster assessment program that develops and maintains products that— (1) are available to the public; and (2) show the risk of natural hazards across the United States, such as— (A) the National Risk Index or a successor product; or (B) a natural disaster hazard risk assessment and mapping tool that is complementary to the National Risk Index. (c) Features The products maintained under subsection (b) shall, for lands within States and areas under the jurisdiction of Indian tribal governments— (1) show the risk of natural hazards; and (2) include ratings and data for— (A) loss exposure, including population equivalence, buildings, and agriculture; (B) social vulnerability; (C) community resilience; and (D) any other element determined by the President. (d) Community disaster resilience zones designation (1) In general Not later than 30 days after the date on which the President makes the update and enhancement required under subsection (e)(4), and not less frequently than every 5 years thereafter, the President shall identify and designate community disaster resilience zones, which shall be— (A) the 50 census tracts assigned the highest individual hazard risk ratings under paragraph (2); and (B) subject to paragraph (3), in each State, not less than 1 percent of census tracts that are assigned a high risk rating under paragraph (2). (2) Risk ratings In carrying out paragraph (1), the President shall use census tract risk ratings that, with respect to a product maintained under subsection (b)— (A) are derived from the product; (B) reflect whether a census tract has been assigned, under the product— (i) high levels of individual hazard risk ratings based on an assessment of the intersection of— (I) loss to population equivalence; (II) buildings value; and (III) agriculture value; and (ii) high social vulnerability ratings and low community resilience ratings; and (C) reflect the principal natural hazard risks identified for the census tract under the product. (3) Geographic balance In identifying and designating the community disaster resilience zones described in paragraph (1)(B)— (A) for the purpose of achieving geographic balance, when applicable, the President shall consider making designations in coastal, inland, urban, suburban, and rural areas; and (B) the President shall include census tracts on Tribal lands located within a State. (e) Review and update Not later than 180 days after the date of enactment of the Community Disaster Resilience Zones Act of 2022 , and not less frequently than every 5 years thereafter, the President shall— (1) review the underlying methodology of any product that is a natural disaster hazard risk assessment; (2) consider including additional data in any product that is a natural disaster hazard risk assessment, such as— (A) the most recent census tract data; (B) data from the American Community Survey of the Bureau of the Census, a successor survey, a similar survey, or another data source, including data by census tract on housing characteristics and income; (C) information relating to development, improvements, and hazard mitigation measures; (D) natural disaster risk assessment insights on climate change and past and future natural hazard risk; and (E) other information relevant to prioritizing areas that have— (i) high risk levels of— (I) natural hazard loss exposure, including population equivalence, buildings, infrastructure, and agriculture; and (II) social vulnerability; and (ii) low levels of community resilience; (3) make publicly available any changes in methodology or data used to inform an update to a product maintained under subsection (b); and (4) update and enhance the products maintained under subsection (b), as necessary. (f) Natural disaster hazard risk assessment insights In determining the information to be included in the natural disaster hazard risk assessment insights described in subsection (e)(2)(D), the President shall consult with, at a minimum— (1) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency; (2) the Secretary of Agriculture and the Chief of the Forest Service; (3) the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the Bureau of the Census, and the Director of the National Institute of Standards and Technology; (4) the Secretary of Defense and the Commanding Officer of the United States Army Corps of Engineers; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of the Interior and the Director of the United States Geological Survey; (7) the Secretary of Housing and Urban Development; and (8) the Director of the Federal Housing Finance Agency. (g) Community disaster resilience zone With respect to financial assistance provided under section 203(i) to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone, the President may increase the amount of the Federal share described under section 203(h). (h) Resilience or mitigation project planning assistance (1) In general The President may provide financial, technical, or other assistance under this title to an eligible entity that plans to perform a resilience or mitigation project within, or that primarily benefits, a community disaster resilience zone. (2) Purpose The purpose of assistance provided under paragraph (1) shall be to carry out activities in preparation for a resilience or mitigation project or seek an evaluation and certification under subsection (i)(2) for a resilience or mitigation project before the date on which permanent work of the resilience or mitigation project begins. (3) Application If required by the President, an eligible entity seeking assistance under paragraph (1) shall submit an application in accordance with subsection (i)(1). (i) Community disaster resilience zone project applications (1) In general If required by the President or other Federal law, an eligible entity shall submit to the President an application at such time, in such manner, and containing or accompanied by such information as the President may reasonably require. (2) Evaluation and certification (A) In general Not later than 120 days after the date on which an eligible entity submits an application under paragraph (1), the President shall evaluate the application to determine whether the resilience or mitigation project that the entity plans to perform within, or that primarily benefits, a community disaster resilience zone— (i) meets or exceeds consensus-based codes, specifications, and standards; (ii) is designed to reduce injuries, loss of life, and damage and destruction of property, such as damage to critical services and facilities; and (iii) substantially reduces the risk of, or increases resilience to, future damage, hardship, loss, or suffering. (B) Certification If the President determines that an application submitted under paragraph (1) meets the criteria described in subparagraph (A), the President shall certify the proposed resilience or mitigation project. (3) Projects causing displacement With respect to a resilience or mitigation project certified under paragraph (2)(B) that involves the displacement of a resident from any habitable housing unit, the entity performing the resilience or mitigation project shall, to the extent practicable as determined by the President, provide the resident the option to have a suitable and comparable housing unit in the same local community under terms that are similar to the terms of the habitable housing unit from which the resident is displaced. (4) Flood protection projects With respect to a resilience or mitigation project certified under paragraph (2)(B) that is a flood protection project under the jurisdiction of the United States Army Corps of Engineers, the flood protection project shall meet or exceed flood protection standards of the Army Corps of Engineers. . | https://www.govinfo.gov/content/pkg/BILLS-117s3875is/xml/BILLS-117s3875is.xml |
117-s-3876 | II 117th CONGRESS 2d Session S. 3876 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Warner introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend title 31, United States Code, to authorize the Secretary of the Treasury to place prohibitions or conditions on certain transmittals of funds in connection with jurisdictions, financial institutions, international transactions, or types of accounts of primary money laundering concern.
1. Short title This Act may be cited as the Special Measures to Fight Modern Threats Act . 2. Findings Congress finds the following: (1) The Financial Crimes Enforcement Network (in this section referred to as FinCEN ) is the financial intelligence unit of the United States tasked with safeguarding the financial system from illicit use, combating money laundering and its related crimes, including terrorism, and promoting national security. (2) Under law, FinCEN may require domestic financial institutions and financial agencies to take certain special measures against jurisdictions, institutions, classes of transactions, or types of accounts determined to be of primary money laundering concern, providing the Secretary with a range of options, such as enhanced record-keeping, that can be adapted to target specific money laundering and terrorist financing and to bring pressure on those that pose money laundering threats. (3) This special-measures authority was granted in 2001, when most cross-border transactions occurred through correspondent or payable-through accounts held with large financial institutions that serve as intermediaries to facilitate financial transactions on behalf of other banks. (4) Innovations in financial services have transformed and expanded methods of cross-border transactions that could not have been envisioned 20 years ago when FinCEN was given its special-measures authority. (5) These innovations, particularly through digital assets and informal value transfer systems, while useful to legitimate consumers and law enforcement, can be tools abused by bad actors like sanctions evaders, fraudsters, money launderers, and those who commit ransomware attacks on victimized United States companies and that abuse the financial system to move and obscure the proceeds of their crimes. (6) Ransomware attacks on United States companies requiring payments in cryptocurrencies have increased in recent years, with the Treasury estimating that ransomware payments in the United States reached $590,000,000 in just the first half of 2021, compared to a total of $416,000,000 in 2020. (7) In July 2021, the White House, with support of United States allies, asserted that the People’s Republic of China was responsible for ransomware operations against private companies that included demands of millions of dollars, including the 2021 ransomware attacks that breached Microsoft email systems and affected thousands of consumers, State and local municipalities, and government contractors attributed to a cyber espionage group with links to the Ministry of State Security of the People's Republic of China. (8) As ransomware attacks organized by Chinese and other foreign bad actors continue to grow in size and scope, modernizing the special-measure authorities of FinCEN will empower FinCEN to adapt its existing tools, monitor and obstruct global financial threats, and meet the challenges of combating 21st century financial crime. 3. Prohibitions or conditions on certain transmittals of funds Section 5318A of title 31, United States Code, is amended— (1) in subsection (a)(2)(C), by striking subsection (b)(5) and inserting paragraphs (5) and (6) of subsection (b) ; and (2) in subsection (b)— (A) in paragraph (5), by striking for or on behalf of a foreign banking institution ; and (B) by adding at the end the following: (6) Prohibitions or conditions on certain transmittals of funds If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more types of accounts within, or involving, a jurisdiction outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States to be of primary money laundering concern, the Secretary, in consultation with the Secretary of State, the Attorney General, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit, or impose conditions upon, certain transmittals of funds (as such term may be defined by the Secretary in a special measure issuance, by regulation, or as otherwise permitted by law), to or from any domestic financial institution or domestic financial agency if such transmittal of funds involves any such jurisdiction, institution, type of account, or class of transaction. . | https://www.govinfo.gov/content/pkg/BILLS-117s3876is/xml/BILLS-117s3876is.xml |
117-s-3877 | II 117th CONGRESS 2d Session S. 3877 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Rubio (for himself, Mr. Young , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the imposition of sanctions with respect to Chinese financial institutions that clear, verify, or settle transactions with Russian or Russian-controlled financial institutions.
1. Short title This Act may be cited as the Crippling Unhinged Russian Belligerence and Chinese Involvement in Putin’s Schemes Act of 2022 or the CURB CIPS Act of 2022 . 2. Imposition of sanctions with respect to Chinese financial institutions that clear, verify, or settle transactions with Russian or Russian-controlled financial institutions (a) In general The Secretary of the Treasury shall, in consultation with the Secretary of State, impose one or both of the sanctions described in subsection (b) with respect to each Chinese financial institution that uses the Cross-Border Interbank Payment System (commonly referred to as CIPS ) or the System for Transfer of Financial Messages (commonly referred to as SPFS ) to clear, verify, settle, or otherwise conduct transactions with any Russian financial institution or covered financial institution. (b) Sanctions described The sanctions that may be imposed with respect to a Chinese financial institution subject to subsection (a) include the following: (1) Property blocking The Secretary of the Treasury may block and prohibit, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), all transactions in all property and interests in property of the Chinese financial institution 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 The Secretary may prohibit the opening or maintaining in the United States of a correspondent account or a payable-through account by the Chinese financial institution. (c) Implementation; penalties (1) Implementation The Secretary may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) Exceptions (1) Exception for intelligence activities This section 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 relating to importation of goods (A) In general The authority to block and prohibit all transactions in all property and interests in property under subsection (b) shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good In this paragraph, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (e) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe such regulations as are necessary to carry out this section. (f) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall, in consultation with the Secretary of State, submit to the appropriate congressional committees a report— (A) describing the scope and usage of CIPS and SPFS around the world, including usage rates by country; (B) assessing the risks that widespread adoption of CIPS or SPFS poses to the national security of the United States; and (C) making recommendations to further preserve and strengthen the influence of the United States in the global financial system. (2) Form Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (g) Definitions In this section: (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) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (3) Chinese financial institution The term Chinese financial institution means a financial institution— (A) organized under the laws of the People's Republic of China or any jurisdiction within the People's Republic of China, including a foreign branch of such an institution; (B) located in the People's Republic of China; (C) wherever located, owned, or controlled by the Government of the People's Republic of China; or (D) wherever located, owned, or controlled by a financial institution described in subparagraph (A), (B), or (C). (4) Covered financial institution The term covered financial institution means a financial institution— (A) located in territory controlled by an entity holding itself out to be the Government of the Republic of South Ossetia—the State of Alania, the Donetsk People’s Republic, the Luhansk People’s Republic, the Republic of Abkhazia, or the Pridnestrovian Moldavian Republic; (B) organized under the laws of an entity described in subparagraph (A); (C) wherever located, owned, or controlled by such an entity; or (D) wherever located, owned, or controlled by a financial institution described in subparagraph (A), (B), or (C). (5) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code. (6) Russian financial institution The term Russian financial institution means a financial institution— (A) organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation, including a foreign branch of such an institution; (B) located in the Russian Federation; (C) wherever located, owned, or controlled by the Government of the Russian Federation; or (D) wherever located, owned, or controlled by a financial institution described in subparagraph (A), (B), or (C). | https://www.govinfo.gov/content/pkg/BILLS-117s3877is/xml/BILLS-117s3877is.xml |
117-s-3878 | II 117th CONGRESS 2d Session S. 3878 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Ossoff (for himself, Mr. Durbin , and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the establishment of defender organizations by Federal judicial districts.
1. Short title This Act may be cited as the Access to Justice Act of 2022 . 2. Defender organizations Section 3006A(g)(1) of title 18, United States Code, is amended— (1) in the heading, by striking Qualifications and inserting Requirement ; (2) in the first sentence, by striking or a part of a district in which at least two hundred persons annually require the appointment of counsel may and inserting shall ; and (3) by striking the second sentence and inserting the following: Notwithstanding the preceding sentence, 2 adjacent districts or parts of districts may establish a single defender organization to serve both areas. . | https://www.govinfo.gov/content/pkg/BILLS-117s3878is/xml/BILLS-117s3878is.xml |
117-s-3879 | II 117th CONGRESS 2d Session S. 3879 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Markey (for himself, Ms. Smith , Mr. Whitehouse , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Federal Energy Regulatory Commission to promulgate regulations on regional and interregional transmission planning, and for other purposes.
1. Short title This Act may be cited as the Connecting Hard-to-reach Areas with Renewably Generated Energy Act of 2022 or the CHARGE Act of 2022 . 2. Findings Congress finds that— (1) current transmission planning is fractured across many jurisdictions, prioritizes incumbent entities and highly localized transmission, and fails to identify cost-effective solutions for 21st century needs; (2) the historical structure, regulations, and incentives of the electric power system lead to under-planning and under-investment in the regional and interregional transmission lines that are needed for a reliable and resilient grid; (3) much of the existing transmission infrastructure of the United States is in need of significant upgrade or replacement; (4) the energy sector of the United States is at a critical juncture, with a rapidly changing power generation mix and new public policy mandates; (5) it is imperative to proactively plan for electricity transmission in the future, including by taking into account long-term changes to demand and load growth; (6) renewable energy resources must be incorporated into the grid efficiently in order to meet State and Federal decarbonization goals; (7) the public desires, and has a right to, electricity data that is transparent, organized, and accessible; (8) having reliable and diverse sources of electricity generation is a foundational need for the entire economy; (9) climate change has increased the frequency and intensity of severe weather events that affect the grid; (10) it is in the national interest to implement policies that provide effective electric infrastructure to save consumers money, avoid preventable damage, ensure energy reliability, and save lives; (11) the Federal Government has a responsibility to combat rising transmission costs and ensure customers receive just and reasonable rates for electricity; and (12) industry experience, scientific studies, and modern examples of reformed electricity transmission provide confidence that new public policies and regulatory guidance will achieve more efficient and beneficial planning than the status quo. 3. Definitions In this Act: (1) Commission The term Commission means the Federal Energy Regulatory Commission. (2) Independent System Operator The term Independent System Operator has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (3) Interconnection customer The term interconnection customer means an individual or entity that has submitted to the owner or operator of a transmission facility or transmission system a request to interconnect a generation project or energy storage project that is subject to the jurisdiction of the Commission. (4) Interregional transmission planning process The term interregional transmission planning process means a joint process by transmission providers in 2 or more adjacent transmission planning regions to evaluate electric energy transmission needs. (5) Load-serving entity The term load-serving entity has the meaning given the term in section 217(a) of the Federal Power Act ( 16 U.S.C. 824q(a) ). (6) Pricing node The term pricing node means a specific electrical bus location on the grid where an injection or withdrawal of power is modeled. (7) Regional Transmission Organization The term Regional Transmission Organization has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (8) Transmission facility The term transmission facility means a facility that is used for the transmission of electric energy in interstate commerce. (9) Transmission planning region The term transmission planning region means a region for which electric energy transmission planning is appropriate, as determined by the Commission, such as a region established pursuant to the guidance in the final rule of the Commission entitled Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities (76 Fed. Reg. 49842 (August 11, 2011)). (10) Transmission provider The term transmission provider means a public utility (as defined in section 201(e) of the Federal Power Act ( 16 U.S.C. 824(e) )) that owns, operates, or controls 1 or more transmission facilities. 4. Transmission planning and cost allocation (a) Rulemaking Not later than 18 months after the date of enactment of this Act, the Commission shall promulgate a final rule that establishes transmission planning processes and cost-allocation processes that— (1) ensure that transmission providers— (A) engage in formalized interregional transmission planning processes and interconnection-wide transmission planning processes, in conjunction with transmission planning processes within transmission planning regions; (B) harmonize interregional transmission planning processes and interconnection-wide transmission planning processes with other transmission planning regions, such as by using a joint model on a consistent timeline with a unified set of minimum requirements regarding needs, input assumptions, and benefit metrics; (C) include as part of planning and cost-allocation processes the use of grid-enhancing transmission technologies and nontransmission alternatives that increase delivery of power over transmission networks, including, at a minimum— (i) dynamic line ratings; (ii) topology optimization; (iii) power flow control; (iv) advanced conductors; and (v) storage-as-transmission; (D) conduct interregional and interconnection-wide planning regularly and not less frequently than once every 3 years; (E) conduct system-wide planning based on a range of possible future load and generation scenarios; and (F) are required to incorporate in a transmission planning process the full scope of benefits of transmission investment, including, at a minimum— (i) reduced costs of electric energy to customers, including reduced costs associated with lower quantities of necessary capacity, ancillary services, and reserve margins; (ii) access to resources in neighboring transmission planning regions; (iii) the transmission of renewable energy or the ability of renewable energy to connect to the grid; (iv) improvements in reliability, resilience, and flexibility of the grid, including, at a minimum— (I) reduced loss of load probability; (II) increased resource diversity; (III) increased climate hardening; and (IV) increased ability to maintain functionality during regionally appropriate weather conditions and severe weather scenarios; (v) leveraging resources across climatological patterns or time zones to account for resource availability and weather patterns; (vi) avoidance, to the maximum extent practicable, of sensitive environmental areas and cultural heritage sites; (vii) reasonable and economical use of existing rights-of-way; (viii) market facilitation benefits, including, at a minimum, increased competitiveness, liquidity, and integrity of broader geographic markets; (ix) avoided costs and deferred cost savings, including reduced generation costs and reduced future transmission investment costs; (x) the integration of grid-enhancing technologies; (xi) meeting local, State, and Federal policy goals, including goals established in decarbonization, climate, and clean energy laws (including regulations); (xii) protections to maintain just and reasonable rates for customers; and (xiii) any other production costs savings or other economic benefits from proposed transmission projects; (2) require that regional and interregional cost-allocation methodologies allocate costs on the basis of the multiple benefits described in clauses (i) through (xiii) of paragraph (1)(F); (3) incorporate a 10- to 20-year future resource mix for each load-serving entity and State, which may require a load-serving entity to make publicly available the resource plans of the load-serving entity if, in the determination of the Commission, those plans are not adequately described in publicly stated plans in Securities and Exchange Commission filings, State agency filings, and power purchase contracts; (4) prioritize interregional cost-benefit considerations over regional cost-benefit considerations; (5) require transmission providers to maximize the use of portfolio-based cost allocations; (6) in cases in which costs and benefits are difficult to quantify, may allocate transmission investment costs among transmission system customers in proportion to— (A) in the case of regional projects, the share of electricity of each customer in the region; or (B) in the case of interregional projects, the share of electricity of each customer in each applicable region; and (7) to the extent practicable, prevent transmission providers from using cost-allocation methodologies that— (A) discourage distributed generation, energy efficiency, demand response, or storage if more economic than transmission; (B) are constrained by consideration only of benefits that are easy to allocate; or (C) undermine previous cost-allocation agreements for projects already in operation. (b) Technical conference (1) In general As part of the rulemaking process under subsection (a), the Commission may convene a technical conference to consider implementation details, as the Commission determines to be appropriate. (2) Participation (A) Leadership A technical conference convened under paragraph (1) may be led by the members of the Commission. (B) Participation The Commission may invite to participate in a technical conference convened under paragraph (1) representatives of residential ratepayers, transmission providers, environmental justice and equity groups, Tribal communities, Independent System Operators, Regional Transmission Organizations, consumer protection groups, renewable energy advocates, State utility commission and energy offices, and such other entities as the Commission determines appropriate. (C) Timeline The Commission may establish and enforce a timeline for a technical conference convened under paragraph (1) that discourages actions by participants that may unnecessarily delay the conference. (3) Public comment The Commission may provide an opportunity for public comment on the topics considered by a technical conference convened under paragraph (1). (c) Office of Public Participation The Commission shall consult the Office of Public Participation during the rulemaking process under subsection (a), including with respect to— (1) guidance on public participation requirements; (2) communications with the public concerning transmission planning that may impact local communities and land owners, including Tribal, indigenous, and environmental justice communities; and (3) minimum data transparency and access requirements. (d) Joint Federal-State Task Force on Electric Transmission The Commission may consult the Joint Federal-State Task Force on Electric Transmission in any actions that— (1) involve shared Federal and State regulatory authority and processes; or (2) would benefit from a combined Federal and State perspective. 5. Interregional minimum transfer requirements (a) Electric reliability Section 215(i)(2) of the Federal Power Act ( 16 U.S.C. 824o(i)(2) ) is amended by striking or transmission . (b) Rulemaking Not later than 18 months after the date of enactment of this Act, the Commission shall promulgate a final rule that establishes a minimum transfer capability that— (1) shall govern minimum transfer requirements between transmission planning regions; (2) achieves reliability and resilience standards during plausible extreme weather scenarios; (3) optimizes efficiency of delivering renewable energy to demand centers; and (4) incorporates the best available science relating to energy transmission, climatological patterns, climate change causes and impacts, grid reliability, and grid resiliency, including study results from the Department of Energy or National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )). 6. Data transparency Part II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is amended by adding at the end the following: 224. Data transparency (a) In general The Commission shall require all public utilities and other entities subject to the jurisdiction of the Commission to make hourly operating data transparent and accessible to the public, including— (1) as original source data posted in a timely manner; and (2) through coordination with an online database operated by the Administrator of the Energy Information Administration. (b) Data Data made publicly available under subsection (a) shall— (1) be organized and easy to understand; (2) be centralized and provided in usable formats, including an application programming interface; (3) be available free of charge or at-cost; (4) be published in a timely manner; (5) include generation by fuel type; and (6) include average and hourly, or more frequent if technologically feasible, marginal greenhouse gas emissions per megawatt hour of electricity generated within the metered boundaries of each entity and for each pricing node. (c) Commercial products The Commission may identify and reduce regulatory barriers to the development of commercial products that use the data made publicly available under subsection (a) in order to provide verifiable emissions reductions, including short- and long-term nodal congestion products. (d) Appropriation In addition to amounts otherwise made available to the Administrator of the Energy Information Administration, there is appropriated to the Administrator of the Energy Information Administration for fiscal year 2023, out of any funds in the Treasury not otherwise appropriated, $10,000,000 to develop and operate the database described in subsection (a)(2), to remain available until expended. . 7. Promoting competition for generation Part II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) (as amended by section 6) is amended by adding at the end the following: 225. Due regard for fair competition (a) In general In order to effectively protect against the exercise of market power through affiliate abuse, the Commission shall require that any new generation described in subsection (b) is procured through a competitive process and without any right of first refusal for an incumbent utility, subject to subsection (c). (b) New generation described The new generation referred to in subsection (a) is new generation that is— (1) above a Commission-determined size threshold; (2) above a Commission-determined cost materiality threshold; and (3) ultimately used to sell power in interstate commerce. (c) Exemption New generation that is procured through a process administered by a Regional Transmission Organization or an Independent System Operator is exempted from the requirements of subsection (a). . 8. State subsidies Part II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) (as amended by section 7) is amended by adding at the end the following: 226. State subsidies In order to promote competition in wholesale markets, reliability, and affordability, the Commission shall not use price mitigation methods to counteract the effects of State subsidies for renewable energy resources. . 9. Office of Transmission Part III of the Federal Power Act is amended by inserting after section 317 ( 16 U.S.C. 825p ) the following: 318. Office of Transmission (a) Establishment There shall be established in the Commission an office, to be known as the Office of Transmission (referred to in this section as the Office ). (b) Director The Office shall be administered by a Director, who shall be appointed by the Chairman of the Commission. (c) Duties The Director of the Office shall— (1) review transmission plans submitted by public utilities in accordance with the regional and interregional transmission planning processes, including the processes established pursuant to section 206; (2) coordinate transmission-related matters of the Commission, as the Commission determines appropriate; (3) carry out the responsibilities of the Commission under section 216, in coordination with the Office of Energy Projects of the Commission; (4) review opportunities for innovation in transmission planning and operation, including deployment of grid-enhancing technologies, advanced conductors, and other approaches; and (5) provide oversight of interregional transmission planning activities. . 10. Interconnection Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations, or revise existing regulations— (1) to prohibit a public utility from requiring an interconnection customer to exclusively or disproportionately fund, without reimbursement, the costs of any network upgrade identified as necessary for the interconnect request of the interconnection customer; (2) to encourage cost-sharing models that reflect the broad set of benefits and beneficiaries for any network upgrades identified as needed in an interconnection or affected system study, subject to the requirement that the model adheres to any requirements established under paragraph (1); and (3) to alleviate interconnection backlogs and reduce informational and procedural barriers in interconnection, which may include— (A) the establishment of an interconnection analysis center within the Office of Transmission established under section 318 of the Federal Power Act; and (B) consultation with staff and the use of other resources of the Department of Energy. 11. Independent transmission monitor (a) In general Not later than 1 year after the date of enactment of this Act, for the purpose of monitoring the planning and operation of transmission facilities in transmission planning regions, the Commission shall— (1) (A) require each transmission planning region to establish an independent entity to monitor the planning and operation of transmission facilities in the transmission planning region; and (B) establish a council, to be known as the Council of Transmission Monitors — (i) to provide oversight of each independent entity established pursuant to subparagraph (A); and (ii) to ensure interregional collaboration and consistency; or (2) establish an independent entity to monitor the planning and operation of transmission facilities in all transmission planning regions. (b) Role of transmission monitor An independent entity described in paragraph (1)(A) or (2) of subsection (a) shall, as applicable— (1) review the operation of applicable transmission planning regions for inefficiency and practices that may lead to unjust and unreasonable rates; (2) review transmission planning processes; (3) review costs of transmission facilities, including identifying inefficiencies among local, regional, and interregional planning; (4) provide examples and advice to transmission providers on appropriate regional transmission operations, planning, and cost-allocation processes; and (5) identify situations in which, with respect to a transmission planning process— (A) nonwire alternatives may be more cost-effective than transmission; (B) grid-enhancing technologies may be appropriate; or (C) high-capacity, interregional lines may be— (i) more cost-effective; or (ii) a more appropriate reliability and resilience alternative. 12. Advisory committee (a) In general Not later than 1 year after the date of enactment of this Act, the Commission shall establish an advisory committee (referred to in this section as the committee ) to make recommendations on— (1) oversight and governance of Independent System Operators or Regional Transmission Organizations; (2) stakeholder participation best practices— (A) that ensure transparency, accountability, independence, oversight, and fair representation; and (B) the purpose of which are to promote competition, reliability, and affordability in all transmission planning regions; (3) enhancing transparency and open decisionmaking in regions not classified as Independent System Operators or Regional Transmission Organizations; and (4) the requirements of governing boards within Independent System Operators or Regional Transmission Organizations. (b) Representation The committee shall be composed of not more than 30 members, including— (1) at least 2 representatives of end-use customers; (2) at least 1 representative of transmission providers; (3) at least 2 representatives of environmental justice and equity groups; (4) at least 1 representative of Tribal communities; (5) at least 1 representative of Independent System Operators; (6) at least 1 representative of Regional Transmission Organizations; (7) at least 1 representative of consumer protection groups; (8) at least 2 representatives of renewable energy advocates; (9) at least 1 representative of State commissions; (10) at least 1 representative of public power entities; (11) at least 1 representative of marketers; and (12) at least 1 representative of generators. (c) FACA applicability The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the committee. 13. Appropriations In addition to amounts otherwise available, there is appropriated to the Commission for fiscal year 2023, out of any funds in the Treasury not otherwise appropriated, $200,000,000, to remain available until expended, to carry out— (1) sections 4, 5, and 10; and (2) the amendment made by section 9. | https://www.govinfo.gov/content/pkg/BILLS-117s3879is/xml/BILLS-117s3879is.xml |
117-s-3880 | II 117th CONGRESS 2d Session S. 3880 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Tillis (for himself and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 17, United States Code, to define and provide for accommodation and designation of technical measures to identify, protect, or manage copyrighted works, and for other purposes.
1. Short title This Act may be cited as the Strengthening Measures to Advance Rights Technologies Copyright Act of 2022 or the SMART Copyright Act of 2022 . 2. Definition of standard technical measures Section 512(i) of title 17, United States Code, is amended by striking paragraph (2) and inserting the following: (2) Definition In this subsection, the term standard technical measures means technical measures that are used by copyright owners to identify or protect copyrighted works, or by service providers to identify or manage copyrighted works on the service, and— (A) have been identified or developed pursuant to— (i) a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry process; or (ii) a broad consensus of relevant copyright owners and relevant service providers, in an open, fair, voluntary process, for technical measures that are applicable to a particular industry, type of work, type or size of service provider, or type of technical measure; (B) are available to any person on— (i) nondiscriminatory terms; and (ii) (I) a royalty-free basis; or (II) a reasonable royalty basis; and (C) do not impose substantial and disproportionate costs on service providers or substantial and disproportionate burdens on their systems or networks. . 3. Designation of certain technical measures to identify, protect, or manage copyrighted works (a) In general Chapter 5 of title 17, United States Code, is amended by adding at the end the following: 514. Designation of certain technical measures to identify, protect, or manage copyrighted works (a) Definitions In this section: (1) Accommodate The term accommodate includes adapting, implementing, integrating, adjusting, and conforming. (2) Covered service provider The term covered service provider means a service provider to which a designated technical measure applies. (3) Designated technical measure The term designated technical measure means a technical measure that has been designated by the Librarian in accordance with subsection (c). (4) Librarian The term Librarian means the Librarian of Congress. (5) Proposed technical measure The term proposed technical measure means a technical measure that is proposed by a person under subsection (d)(1). (6) Register The term Register means the Register of Copyrights. (7) Service Provider The term service provider — (A) means a provider of online services or network access, or the operator of facilities therefor, that provides storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider; and (B) includes a provider described in subparagraph (A) that offers the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received. (8) Technical measure The term technical measure means a technical measure that— (A) is used by— (i) a copyright owner to identify or protect a copyrighted work; or (ii) a service provider to identify or manage a copyrighted work; and (B) may vary across types and sizes of service providers. (b) Accommodation of designated technical measures A covered service provider shall use commercially reasonable efforts to accommodate and not interfere with designated technical measures that apply to that covered service provider. (c) Authority of the Librarian (1) Designation of technical measures The Librarian may, at the recommendation of the Register, and as provided in subsections (d) and (e)— (A) designate proposed technical measures that— (i) are available to any person on— (I) nondiscriminatory terms; and (II) (aa) a royalty-free basis; or (bb) a reasonable royalty basis; and (ii) do not impose substantial and disproportionate costs on service providers or substantial and disproportionate burdens on their systems or networks; (B) rescind previously designated technical measures; or (C) revise previously designated technical measures. (2) Prescription of rules The Librarian, upon consultation with the Register, shall prescribe rules that— (A) implement subsections (d) and (e); and (B) provide for the protection of confidential and sensitive information provided to the Librarian— (i) as part of a petition under subsection (d); or (ii) during a rulemaking under subsection (e). (d) Petitions (1) In general Not later than 1 year after the date of enactment of the SMART Copyright Act of 2022 and every 3 years thereafter, the Librarian shall accept petitions, from owners of copyrighted works, service providers, and other stakeholders, proposing the designation of a technical measure or the rescission or revision of a designated technical measure. (2) Petition requirements In the case of a petition submitted to the Librarian under paragraph (1) proposing the designation of a technical measure or review of a designated technical measure, as appropriate, the petition shall detail with specificity— (A) the type of copyrighted works, or any subset thereof, intended to be covered by the technical measure; (B) the type of service provider, or any subset thereof, intended to be covered by the technical measure; and (C) how the proposed technical measure or the designated technical measure proposed to be revised meets both the definition of technical measure under subsection (a) and the criteria set forth in subsection (c)(1)(A). (3) Evaluation of petition After each deadline under paragraph (1), the Librarian shall evaluate each petition received under that paragraph and take appropriate action as follows: (A) The Librarian may begin a rulemaking process to— (i) designate a proposed technical measure; or (ii) rescind or revise a designated technical measure. (B) The Librarian shall reject without a rulemaking proceeding a petition that proposes the designation or revision of a privately owned technical measure, unless the petition is filed or joined by the owner of the technical measure proposed to be designated or revised. (e) Rulemaking process (1) Public comment For any proposed technical measure or designated technical measure for which the Librarian has begun a rulemaking process under subsection (d)(3)(A), the public comment process shall include not less than 1 public hearing convened by the Register, which shall include written input from relevant technical experts. (2) Factors for examination by Register For any rulemaking process the Librarian has begun under subsection (d)(3)(A), with respect to each technical measure, the Register shall examine— (A) the availability and use of the technical measure to identify, manage, or protect particular types of copyrighted works on particular types of services; (B) the terms on which the technical measure is and will be made available to any person under subsection (c)(1)(A)(i), including whether there are any intellectual property rights that need to be licensed by service providers to accommodate the technical measure; (C) the total cost that accommodating or not interfering with the technical measure may impose on the type of service providers described in the petition; (D) the burden the technical measure may impose on the systems or networks of service providers, as compared to— (i) the total amount of alleged or demonstrated infringing activity occurring over systems or networks controlled by the type of service providers described in the petition; (ii) the revenue and other financial resources of the type of service providers described in the petition; and (iii) any mitigation of costs or other benefits or savings that the type of service providers described in the petition may achieve by accommodating or not interfering with the technical measure; (E) in the case of a proposed technical measure, whether the proposed technical measure is also a standard technical measure, as defined in section 512(i), to avoid designating a technical measure that is otherwise a standard technical measure; (F) the positive or negative impact the technical measure may have on criticism, comment, news reporting, teaching, scholarship, research, increasing information sharing, or other relevant public interest considerations; (G) whether the technical measure poses an undue cybersecurity threat (as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C 1501)) to, or would create a security vulnerability (as defined in such section 102) for, the information systems of the affected service providers; (H) the impact the technical measure may have on privacy and data protection; (I) the impact the technical measure may have on competition among service providers, and the impact it may have on competition among copyright owners; (J) whether certain categories or types of service providers should be exempt from the subset of service providers covered by a designation, such as— (i) libraries; (ii) educational institutions; or (iii) corporate or not-for-profit websites that permit user comments or posts, but have never or rarely had infringing activity on their services; and (K) in the case of a proposed technical measure, whether— (i) the proposed technical measure may conflict or interfere with other proposed technical measures or designated technical measures; or (ii) multiple proposed technical measures and designated technical measures should be subsumed under a broader category of designated technical measures. (3) Recommendation (A) In general The Register shall make a recommendation that includes written input from the Chief Technology Advisor to the Librarian on each proposed technical measure, and each designated technical measure proposed to be revised or rescinded, that is considered under the rulemaking process under this subsection, after consulting with, and reporting and commenting on the views of, the following, as appropriate: (i) The Director of the National Institute of Standards and Technology. (ii) The Assistant Secretary of Commerce for Communications and Information. (iii) The Attorney General, for the purpose of providing an analysis of the impact a proposed technical measure may have on competition among service providers or copyright owners, as appropriate. (iv) Any relevant cybersecurity agency. (B) Resolution of disagreement If there is substantial disagreement between the recommendation of the Register and any of the views expressed by the agencies consulted under subparagraph (A), the Librarian shall explain in writing the reasons for the resolution of the disagreement as part of the decision under paragraph (4). (4) Decision If, at the conclusion of the rulemaking process under this subsection, the Librarian determines that the record supports the designation of a proposed technical measure, or a rescission or revision of a designated technical measure, the Librarian shall— (A) (i) for a proposed technical measure, designate the proposed technical measure; or (ii) for a designated technical measure proposed to be revised, designate the revised technical measure; (B) for a proposed technical measure or a designated technical measure proposed to be revised— (i) describe, as part of the designation under subparagraph (A), the type of copyrighted work, or any subset thereof, and the covered service providers to which the technical measure applies; and (ii) include in the description under clause (i), as appropriate, any category or subset of type of service provider that is exempt from the designation, such that the requirement under subsection (b) does not apply to those service providers; (C) for a designated technical measure proposed to be rescinded, rescind the technical measure; (D) for a proposed technical measure or a designated technical measure proposed to be revised, provide examples or a definition with specificity for what accommodate means for the technical measure, taking into account how different covered service providers to which the technical measure applies may have to accommodate differently based on their size or other relevant characteristics; (E) publish a list of designated technical measures, including the description required under subparagraph (B)(i), in effect after the Librarian has designated, revised, and rescinded technical measures under this paragraph in the Federal Register and publish and maintain the list on the website of the Library of Congress; and (F) for a proposed technical measure or a revised designated technical measure, publish a deadline, which shall not be earlier than 1 year after the date of publication, by which service providers shall implement the designated technical measure. (f) Public information To assist the public in understanding the requirements under this section, the Register shall— (1) publish on the website of the Copyright Office an index of cases relating to the requirements; and (2) update the list published under paragraph (1) not less frequently than annually. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section— (A) $900,000 for fiscal year 2023; and (B) subject to paragraph (2), $700,000 for fiscal year 2024 and each fiscal year thereafter. (2) Adjustment for inflation The amount authorized to be appropriated under paragraph (1)(B) for fiscal year 2025 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (h) Appeal to District of Columbia Circuit Not later than 90 days after the date on which the Librarian publishes a decision regarding a technical measure under subsection (e)(4), any covered service provider to which the technical measure applies and any party that submitted a petition under subsection (d) regarding the technical measure may appeal the decision to the United States Court of Appeals for the District of Columbia Circuit. (i) Civil Remedies (1) Civil actions A copyright owner aggrieved by a violation of subsection (b) by a covered service provider may bring a civil action against the covered service provider in an appropriate United States district court. (2) Authority of the court In an action brought under paragraph (1), the court may— (A) grant a temporary or permanent injunction on such terms as it determines reasonable to prevent or restrain a violation; (B) award damages, in accordance with paragraph (3); (C) allow, in its discretion, the recovery of costs by or against any party other than the United States or an officer of the United States; and (D) award, in its discretion, reasonable attorney fees or expert witness fees to the prevailing party. (3) Award of damages (A) In general Except as provided in subparagraph (B) or otherwise provided in this title, in an action brought by a copyright owner against a service provider under paragraph (1), the court shall award to the copyright owner the actual damages suffered by the copyright owner as a result of the violation. (B) Statutory damages (i) In general In an action brought under paragraph (1), the copyright owner may elect to recover, in lieu of actual damages, an award of statutory damages in an amount that is— (I) not less than $200 and not more than $25,000 per violation, as the court considers just; and (II) not more than $150,000 in the aggregate. (ii) Repeated Violations (I) 2 or more violations If, in an action brought against a service provider under paragraph (1), the copyright owner proves that the service provider violated subsection (b) not less than 1 time during the 3-year period beginning on the date of a final judgment entered against the service provider for a violation of that subsection, the copyright owner may elect to recover an award of statutory damages in an amount that is— (aa) not less than $5,000 and not more than $400,000 per violation, as the court considers just; and (bb) not more than $800,000 in the aggregate. (II) 3 or more violations If, in an action brought against a service provider under paragraph (1), the copyright owner proves that the service provider violated subsection (b) not fewer than 2 times during the 5-year period beginning on the date of a final judgment entered against the service provider for a violation of that subsection, the court may increase the award of damages to not more than triple the amount that would otherwise be awarded under subparagraph (A) or subclause (I) of this clause, as the court considers just. (C) Innocent Violations The court, in its discretion, may reduce or remit the total award of damages in any action brought against a service provider under paragraph (1)— (i) in which the service provider proves by a preponderance of the evidence that the service provider was not aware and had no reason to believe that its acts constituted a violation of subsection (b); or (ii) for reasons of equity. (j) No impact on safe harbor (1) In general Nothing in this section shall be construed to alter the scope of the safe harbors set forth in subsections (a) through (e) of section 512, or to impose a condition on eligibility for those safe harbors. (2) No defense to liability The safe harbors set forth in subsections (a) through (e) of section 512 shall not constitute a defense to liability under this section. (k) Limitation of liability Notwithstanding subsection (i), no covered service provider shall be held liable in a civil action on account of— (1) any action voluntarily taken in good faith under this section to restrict access to or availability of material; or (2) any action taken under this section to enable or make available to covered service providers the technical means to restrict access to material described in paragraph (1). . (b) Technical and conforming amendment The table of sections for chapter 5 of title 17, United States Code, is amended by adding at the end the following: 514. Designation of certain technical measures to identify, protect, or manage copyrighted works. . 4. Advisors (a) Advisors to the Register Chapter 7 of title 17, United States Code, is amended by adding at the end the following: 711. Advisors to the Register (a) Chief Economist Not later than 180 days after the date of enactment of the SMART Copyright Act of 2022, the Register shall appoint a Chief Economist within the Office of the Register, who shall advise the Register on issues related to economic policy and copyright. (b) Chief Technology Advisor (1) In general Not later than 180 days after the date of enactment of the SMART Copyright Act of 2022, the Register shall appoint a Chief Technology Advisor, who shall advise the Register on technology issues related to copyright law, including by evaluating and providing advice on the factors in section 514(e)(2). (2) Qualifications The individual appointed as Chief Technology Advisor under paragraph (1) shall have significant technical expertise, including experience with computer software, standards, and technological measures relevant to copyright law. (3) Term The individual appointed as Chief Technology Advisor under paragraph (1) shall serve for a limited term to be determined by the Register, but not to exceed 5 years. . (b) Technical and conforming amendment The table of sections for chapter 7 of title 17, United States Code, is amended by adding at the end the following: 711. Advisors to the Register. . | https://www.govinfo.gov/content/pkg/BILLS-117s3880is/xml/BILLS-117s3880is.xml |
117-s-3881 | II 117th CONGRESS 2d Session S. 3881 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Luján 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 award grants to eligible entities to carry out teacher leadership programs, and for other purposes.
1. Short title This Act may be cited as the Teachers Leading, Educating, Advancing, and Designing Act of 2022 or the Teachers LEAD Act of 2022 . 2. Findings Congress finds the following: (1) Decades of research have shown that teachers are the single most important school-based factor in student achievement, and an analysis by the Brookings Institution indicates that a high level of teacher turnover is negatively associated with student achievement, and is higher in urban schools and schools with more economically disadvantaged students. (2) A report by the National Commission on Teaching and America’s Future estimated that districts spend between $10,000 and $17,000 for each teacher who leaves the district, making teacher turnover and attrition a costly issue for school systems. (3) The United States education system is experiencing an ongoing teacher recruitment, retention, and shortage crisis. According to a National Education Association survey in January of 2022, 55 percent of all teachers, 62 percent of Black teachers, and 59 percent of Hispanic or Latino educators said they were more likely to retire early or leave the profession. (4) In the same survey, 74 percent of teachers report having to fill in for colleagues or take on other duties due to staff shortages, while 90 percent of respondents pointed out that teacher burnout is becoming a very serious issue. As a Nation, we face the possibilities of vacancies and educator burnout being exacerbated by educator shortages. (5) An analysis by the Economic Policy Institute of teacher turnover data suggests that low salaries, lack of professional development opportunities, and a difficult school climate, including lack of teacher input into school policy, are common factors behind teachers leaving the workforce. (6) According to a report by Teach Plus and the Education Trust, teachers of color, who, on average experience higher turnover rates, report that they have considered leaving the profession because they lack agency, autonomy in decision making, and opportunities for leadership. (7) Studies show that all students benefit from having racially diverse teachers. These benefits are magnified for students of color, who experience improved academic performance, higher graduation rates, and increased interest in pursuing higher education. (8) Teachers of color are underrepresented in schools, with only 20 percent of the teacher workforce identifying as people of color versus over 50 percent of public school students. Teachers of color are also more likely to teach in schools that serve a high proportion of students of color, in schools that are underresourced, and in schools that have higher overall teacher turnover rates. (9) Studies show that there is a positive link between professional leadership opportunities, job satisfaction, and retention of classroom teachers, and that compensation for teachers’ added leadership responsibilities increases teacher retention. (10) In a Gates Foundation Survey, only 12 percent of all teachers surveyed reported receiving consistent job-embedded mentorship and professional development from veteran teachers, despite multiple studies showing that consistent mentorship improves student learning. (11) The New Teacher Project found that only 26 percent of high-performing teachers agreed that their school leadership identified opportunities or clear paths for teacher leadership roles. (12) According to a report by Teach Plus and the Education Trust, teachers' investment in their schools and their likelihood of retention is greater where opportunities exist to innovate and advocate on behalf of students, especially when a teacher acts in partnership with school and district administration to address student and teacher needs. (13) Structured leadership programs are an effective way to help combat the nationwide teacher shortage and improve teacher retention by empowering teachers and establishing formal peer mentorships between effective and experienced teachers and those just entering the profession, which also leads to academic and socio-emotional benefits for students. (14) Federal policies are needed to encourage and fund the establishment of structured leadership programs at public schools, especially in high-need schools and school districts. 3. Teacher leadership grant program (a) Definitions In this section: (1) ESEA terms The terms educational service agency , elementary school , local educational agency , paraprofessional , school leader , secondary school , and Secretary have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Distributed leadership The term distributed leadership means a range of approaches wherein the school leadership shares aspects of the traditional set of school decisions, organization, management, and operations with teachers in a manner that is coordinated, agreed to, and led by the teachers and school leadership. (3) Eligible entity The term eligible entity means— (A) a local educational agency or educational service agency; (B) a consortium of local educational agencies or educational service agencies; or (C) a partnership between a local educational agency or educational service agency and— (i) a nonprofit organization with demonstrated expertise in teacher leadership programs, as determined by the Secretary; (ii) a State educational agency in the same State as the local educational agency or educational service agency with demonstrated capacity in supporting teacher leadership programs, as determined by the Secretary; (iii) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) that awards postsecondary teacher certificates or degrees and has a demonstrated capacity in supporting teacher leadership programs or teacher diversity, as determined by the Secretary; or (iv) a Minority-Serving Institution, Tribal College or University, or Historically Black College or University. (4) High-need educational service agency or consortium of high-need educational service agencies The term high-need educational service agency or consortium of high-need educational service agencies means an educational service agency or consortium of educational service agencies in which each educational service agency has a census poverty rate of not less than 20 percent. (5) High-need local educational agency or consortium of high-need local educational agencies The term high-need local educational agency or consortium of high-need local educational agencies means a local educational agency or consortium of local educational agencies in which each local educational agency has a census poverty rate of not less than 20 percent. (6) Minority-serving institution The term Minority-Serving Institution means any of the following: (A) An Alaska Native-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059d(b) ). (B) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059d(b) ). (C) A Hispanic-serving institution, as that term is defined in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) ). (D) A Predominantly Black institution, as that term is defined in section 371(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(c) ). (E) An Asian American and Native American Pacific Islander-serving institution, as that term is defined in section 320(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059g(b) ). (F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059f(b) ). (7) Tribal college or university The term Tribal College or University has the meaning given the term in section 316(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b)(3) ). (8) 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 ). (9) Teacher leader The term teacher leader means a teacher who is selected to participate in the teacher leadership program under this section. (b) Program authorized (1) In general The Secretary shall award grants, on a competitive basis, to eligible entities to carry out teacher leadership programs. (2) Reservations From the total amount appropriated to carry out this section for a fiscal year, the Secretary— (A) shall reserve not less than 5 percent to carry out subsection (h); (B) may reserve not more than— (i) 3 percent to provide technical assistance to, and support the capacity building of, the programs assisted under this section; and (ii) 0.5 percent to complete required reporting under this section; and (C) may reserve not more than 3.5 percent to award planning grants to eligible entities in order to assist those eligible entities in developing a program proposal in accordance with subsection (i). (3) Grant period The Secretary shall make grant awards for not more than 3 years and may extend grant awards for not more than 2 additional years if the grantee is making progress in achieving program objectives. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (A) the program proposal described in paragraph (2); and (B) the data reporting requirement agreement described in paragraph (3). (2) Program proposal The program proposal required under this subsection shall include the following: (A) Program plan A plan to establish a teacher leadership program that includes not less than 1 of the following: (i) A description of how the eligible entity will ensure that the program offers time and structures for shared decision making, distributed leadership, common planning, and collaboration between teacher leaders and school leaders. (ii) A description of how the eligible entity will ensure that the program includes the participation of teacher leaders in goal setting, professional learning, or collaboration with content experts, school leadership, colleagues, or leadership of an eligible entity, with respect to— (I) strategic planning or development at the school level and the level of the eligible entity, including planning and development relating to school climate, community engagement, teacher professional development and mentorship, and student growth; or (II) implementing practices to support children’s social, emotional, and cognitive learning, such as— (aa) planning the design of and organizing the physical space, organizational structure, wraparound services, and culture of schools to support positive, healthy, and developmentally appropriate relationships among members of the school and community; (bb) creating multi-tiered and integrated systems of support to address student academic and non-academic needs; or (cc) creating and fostering safe and inclusive learning environments that enable authentic, culturally and linguistically responsive learning in identity-safe settings. (iii) A description of how the eligible entity will ensure that teacher leaders receive training and support to improve skills related to acting as instructional leaders, coaches, mentors, or facilitators of professional learning. (B) Program requirements A description of how the eligible entity will meet each of the following program requirements: (i) Ensuring all teachers with at least 3 years of full-time teaching experience that maintain their roles as classroom instructors and are employed by the participating schools served by the eligible entity may apply to participate in such program as teacher leaders. (ii) Providing the selection criteria for program participation to all eligible teachers described in clause (i), which shall include selection based on an eligible teacher’s demonstrated ability in carrying out 5 of the 8 criteria described in this clause and a commitment to growth in other criteria where an eligible teacher does not have a demonstrated ability. The criteria are: (I) Carrying out leadership responsibilities while maintaining a role as a classroom instructor. (II) Focusing on improving or advancing the vision, goals, and priorities of the eligible entity that employs such teacher using evidence-, research-, and practice-based data. (III) Collecting and analyzing data of student academic and social-emotional outcomes or teacher professional outcomes, and taking actions to improve student outcomes, teacher outcomes, or professional learning, informed by such data. (IV) Facilitating collaborative, evidence-, research-, and practice-based, and sustained professional learning with peers, including mentorship and instruction leadership, that lead to improvements in teaching efficacy, professional outcomes, or student academic achievement and social-emotional learning. (V) Analyzing socioeconomic, cultural, and historical contexts of students, their communities, and the eligible entity, including existing pedagogy, school policies, and school-based outreach to families and community organizations, to create learning environments that are more inclusive of and responsive to student and teacher needs, cultures, ethnicities, languages, gender and sexual orientations, and socioeconomic statuses. (VI) Implementing and evaluating strategies aimed at addressing areas of demonstrated need in the school at which the teacher is employed, including increasing wraparound services, academic supports, family engagement, and community-based services. (VII) Supporting teachers to effectively serve students with disabilities, English learners, and students who are linguistically, racially, and culturally diverse, economically disadvantaged, or historically underrepresented to increase their academic achievement or social-emotional learning. (VIII) Using, customizing, or developing lesson materials and instructional resources to meet the unique needs of students and the eligible entity to further students’ academic achievement and social-emotional learning. (iii) Ensuring that all teachers and paraprofessionals employed by the participating schools served by the eligible entity are eligible to participate in programming led by a teacher leader, when applicable. (iv) Providing monetary compensation to teacher leaders who participate in such program for the additional responsibilities that are directly related to the teacher leadership program. (v) Allowing the monetary compensation described in clause (iv) to be substituted for paid time off or satisfaction of a contract requirement— (I) at the request of the teacher leader receiving such compensation; and (II) with the authorization and agreement of the eligible entity that serves the elementary or secondary school at which such teacher leader is employed. (vi) Requiring teacher leaders to support their own development and professional growth by evaluating themselves and each other using evidence-, research-, and practice-based rubrics. (vii) Consulting with other teachers when developing and implementing the program as described under this subparagraph. (C) Supplemental materials A description of the following: (i) How the eligible entity will develop and implement the use of evidence-, practice-, or research-based rubrics that teacher leaders will be using for the self-evaluations described in subparagraph (B)(vi). (ii) How grant funds will be spent, including if and how other Federal, State, Tribal, and local funding sources may be used to supplement grant funds in order to meet the requirements of the teacher leadership program. (iii) How the eligible entity will continue the teacher leadership activities assisted under the grant after the grant period ends. (3) Data reporting requirement Each eligible entity applying for a grant under this section shall include in such application an assurance that the eligible entity will comply with reporting requirements of the Institute of Education Sciences relating to the reports required under this section. (d) Priority In awarding grants under this section, the Secretary shall give priority to— (1) eligible entities that are or that include— (A) a high-need educational service agency or consortium of high-need educational service agencies; (B) a high-need local educational agency or consortium of high-need local educational agencies; (C) local educational agencies that receive basic support payments under section 7003(b)(1) of the Elementary and Secondary Education Act ( 20 U.S.C. 7703(b)(1) ); (D) Indian Tribes, Tribal educational departments or agencies, or Tribal educational organizations with a successful track record in supporting teacher leadership programs or advancing teacher diversity; or (E) Native Hawaiian community-based organizations or Native Hawaiian educational organizations (as those terms are defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 )) or Alaska Native organizations (as defined in section 6306 of such Act ( 20 U.S.C. 7546 )); (2) eligible entities that are or that include local educational agencies or educational service agencies with a teacher turnover rate that is above the national average; (3) eligible entities that are or that include local educational agencies or educational service agencies that demonstrate in their program proposal under subsection (b)(2) a plan to recruit, retain, and train teacher leaders who are individuals from underrepresented populations in the teaching profession; and (4) eligible entities described in subsection (a)(3)(C) that include a partner who has a successful track record in supporting teacher leadership programs and advancing teacher diversity, such as a Historically Black College or University, a Tribal College or University, or a Minority-Serving Institution. (e) Uses of funds (1) In general An eligible entity awarded a grant under this section shall use— (A) not more than 5 percent of such grant funds for administrative expenses; and (B) not less than 95 percent of such grant funds to implement the program proposal described in subsection (c)(2) and, at the eligible entity's option, carry out activities described in paragraph (2). (2) Permissive uses of funds In addition to implementing the program proposal under subsection (c)(2), an eligible entity awarded a grant under this section may use such grant funds to facilitate— (A) collaboration between program participants; (B) instructional materials development; or (C) the reallocation of work hours for teacher leaders between classroom responsibilities and responsibilities as a teacher leader. (f) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out this section, including with respect to the evidence-, research-, and practice-based rubrics and standards described in subsection (c)(2)(B)(vi). (g) Reports and evaluation (1) Reports to the Secretary Not later than 1 year after receiving a grant under this section, and annually thereafter for the duration of the grant period, an eligible entity shall submit to the Secretary all information necessary for the evaluation described in paragraph (2). (2) Evaluation Using the information reported by eligible entities, the Secretary, acting through the Director of the Institute of Education Sciences shall carry out an independent evaluation measuring the effectiveness of the activities carried out under grants awarded under this section, including information about whether participating eligible entities experience greater teacher retention than non-participants. The evaluation shall include the following information, disaggregated by race, ethnicity, and gender: (A) With respect to all teachers employed by a local educational agency or educational service agency that is, or is part of, an eligible entity— (i) the 3-year retention rate, disaggregated by— (I) teachers who are in their first year of teaching; and (II) teachers who were hired by such eligible entity in the same school year as one another; (ii) the 5-year retention rate, disaggregated by— (I) teachers who are in their first year of teaching; and (II) teachers who were hired by such eligible entity in the same school year as one another; and (iii) the employment status of teachers who were hired by such eligible entity, in the same school year in which such eligible entity received a grant under this section. (B) With respect to each teacher leader participating in a program established using such grant funds, the following: (i) The number of years of teaching experience such teacher leader had at the time of program participation. (ii) Whether such teacher leader is employed by such eligible entity at the time of the report. (iii) If such teacher leader is not employed by such eligible entity, the reason for leaving. (iv) The year in which such teacher leader was first employed as a teacher. (3) Publication The aggregated data submitted under paragraph (1) and the results of the evaluation under paragraph (2) shall be made publicly available on the website of the Department of Education, except that such publicly available data and results shall not reveal personally identifiable information. (4) Reports to Congress Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Indian Affairs of the Senate a summary report of the preliminary results and impact of the teacher leadership program. The Secretary shall submit to such committees an annual report of the results and impact of the teacher leadership program for each year of the grant thereafter. (h) Bureau of Indian education teacher leadership programs (1) In general The Secretary, in coordination with the Secretary of the Interior, shall— (A) develop and implement a teacher leadership program plan for Bureau schools (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); and (B) award grants to Bureau-funded schools described in subparagraphs (B) and (C) of section 1141(3) of the Education Amendments of 1978 ( 25 U.S.C. 2021(3) ). (2) Special rule The Secretary, in consultation with the Secretary of the Interior and Indian Tribes, may waive any requirement under this section or prescribe an alternative or substantially similar requirement if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of activities under this section. (i) Planning proposal grants (1) In General The Secretary may award planning grants to eligible entities to enable those eligible entities to develop a program proposal under subsection (c)(2). (2) Application Each eligible entity that desires a planning grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Duration A planning grant under this subsection shall be for a period of not more than 1 year. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section, $400,000,000, for fiscal year 2023, and each of the 4 succeeding fiscal years. | https://www.govinfo.gov/content/pkg/BILLS-117s3881is/xml/BILLS-117s3881is.xml |
117-s-3882 | II 117th CONGRESS 2d Session S. 3882 IN THE SENATE OF THE UNITED STATES March 17, 2022 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the End-User Review Committee to conduct quarterly reviews with respect to the inclusion of certain Russian energy entities on the Entity List.
1. Short title This Act may be cited as the Stop Top Oil Producers and Protect Ukraine from Tyrannical Invasions Now Act of 2022 or the STOP PUTIN Act of 2022 . 2. Reviews relating to inclusion of certain Russian energy entities on the Entity List (a) In general Not later than 15 days after the date of the enactment of this Act, and every 90 days thereafter, the End-User Review Committee shall conduct a review to determine if any of the following entities should be added to or removed from the Entity List: (1) Rosneft (also known as Open Joint-Stock Company Rosneft Oil Company, OAO Rosneft Oil Company, Oil Company Rosneft, OJSC Rosneft Oil Company, and Rosneft Oil Company). (2) Lukoil, OAO (also known as Lukoil, Lukoil Oil Company, Neftyanaya Kompaniya Lukoil OOO, and NK Lukoil OAO). (3) Gazprom, OAO (also known as Open Joint Stock Company Gazprom, OAO Gazprom, and Gazprom). (4) Tatneft. (5) Sovcomflot. (6) Surgutneftegas (also known as Open Joint Stock Company Surgutneftegas, Otkrytoe Aktsionernoe Obshchestvo Surgutneftegaz, Surgutneftegas OAO, Surgutneftegas OJSC, and Surgutneftegaz OAO). (7) Any entity that is owned or controlled by, or is a successor to, an entity specified in paragraphs (1) through (6). (b) Congressional approval required for removal An entity described in subsection (a) may be removed from the Entity List only by an Act of Congress. (c) Definitions In this section: (1) End-User Review Committee The term End-User Review Committee means the committee established under Supplement No. 5 to part 744 of title 15, Code of Federal Regulations. (2) Entity list The term Entity List means the list maintained by the Bureau of Industry and Security and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations. | https://www.govinfo.gov/content/pkg/BILLS-117s3882is/xml/BILLS-117s3882is.xml |
117-s-3883 | II 117th CONGRESS 2d Session S. 3883 IN THE SENATE OF THE UNITED STATES March 21, 2022 Mr. Ossoff introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To authorize the construction of the project for navigation, Brunswick Harbor, Georgia.
1. Short title This Act may be cited as the Port of Brunswick Navigation Channel Improvement Act . 2. Findings Congress finds that— (1) the Colonel’s Island Terminal in Brunswick, Georgia, is the largest dedicated roll-on/roll-off facility in the United States and the second busiest in the United States; (2) the Port of Brunswick is a vital line to global markets for automotive, heavy machinery, and other breakbulk shippers; (3) despite the challenges of the global pandemic, the Colonel’s Island Terminal moved 650,000 units of vehicles and heavy machinery in 2021, an increase of 10 percent over the previous year; (4) the facilities of the Port of Brunswick at Mayor’s Point and East River Terminal are key ports for critical products, including forest materials and renewable fuels grown in Georgia; and (5) the deepwater ports and inland barge terminals of Georgia support more than 496,700 jobs throughout the State annually and contribute $29,000,000,000 in income, $6,100,000,000 in Federal revenue, and $3,400,000,000 in State and local taxes to the economy of Georgia. 3. Brunswick Harbor Federal Navigation Channel, Georgia The project for navigation, Brunswick Harbor, Georgia, is authorized to be carried out by the Secretary of the Army substantially in accordance with the plans, and subject to the conditions, described in the report of the Chief of Engineers dated March 11, 2022, at an estimated total cost of $14,369,000, with an estimated Federal cost of $10,774,500. | https://www.govinfo.gov/content/pkg/BILLS-117s3883is/xml/BILLS-117s3883is.xml |
117-s-3884 | II 117th CONGRESS 2d Session S. 3884 IN THE SENATE OF THE UNITED STATES March 21, 2022 Mr. Peters (for himself 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 designate the facility of the United States Postal Service located at 404 U.S. Highway 41 North in Baraga, Michigan, as the Cora Reynolds Anderson Post Office .
1. Cora Reynolds Anderson Post Office (a) Designation The facility of the United States Postal Service located at 404 U.S. Highway 41 North in Baraga, Michigan, shall be known and designated as the Cora Reynolds Anderson Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Cora Reynolds Anderson Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s3884is/xml/BILLS-117s3884is.xml |
117-s-3885 | II 117th CONGRESS 2d Session S. 3885 IN THE SENATE OF THE UNITED STATES March 21, 2022 Mr. Hagerty (for himself, Mrs. Blackburn , and Mr. Kennedy ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit contracts with persons who have disclosed non-public United States Government information to unauthorized persons.
1. Short title This Act may be cited as the No Government Contracts for Known Leakers Act of 2022 . 2. Prohibition on contracts with persons who have disclosed non-public United States Government information to unauthorized persons (a) Prohibition No officer, employee, department, agency, or instrumentality of the United States Government shall knowingly enter a contract or other agreement for goods or services with— (1) a person who has previously disclosed non-public United States Government information to an unauthorized person; or (2) an entity for whom a person who has previously disclosed non-public United States Government information to an unauthorized person serves as an employee or agent. (b) Penalty Any person who violates subsection (a) shall be fined not more than $50,000, imprisoned not more than 5 years, or both. (c) Definitions In this Act: (1) Entity The term entity means a group of individuals, partnership, corporation, association, cooperative, or other similar entity. (2) Person The term person means a natural person. (3) Unauthorized person The term unauthorized person means any person or entity that is not authorized by law or contract or otherwise authorized to receive the non-public United States Government information at issue. | https://www.govinfo.gov/content/pkg/BILLS-117s3885is/xml/BILLS-117s3885is.xml |
117-s-3886 | II 117th CONGRESS 2d Session S. 3886 IN THE SENATE OF THE UNITED STATES March 21, 2022 Ms. Warren (for herself, Mr. Merkley , Mr. Whitehouse , Mr. Markey , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Commodity Exchange Act to prohibit trading of water and water rights for future delivery, and for other purposes.
1. Short title This Act may be cited as the Future of Water Act of 2022 . 2. Prohibition of trading in water and water rights for future delivery (a) Commodity Exchange Act Section 1a(9) of the Commodity Exchange Act ( 7 U.S.C. 1a(9) ) is amended— (1) by striking ( 7 U.S.C. 13–1 )) and and inserting ( 7 U.S.C. 13–1 )), ; (2) by inserting water or water rights (or any index, measure, value, or data related to water or water rights), and after receipts), and ; and (3) by striking receipts) in which and inserting receipts, and water or water rights, or any index, measure, value, or data related to water or water rights) in which . (b) Public Law 85–839 The first section of Public Law 85–839 ( 7 U.S.C. 13–1 ) is amended in the first sentence of subsection (a)— (1) by inserting water or water rights (or any index, measure, value, or data related to water or water rights), after sale of ; and (2) by striking receipts) and inserting receipts), . | https://www.govinfo.gov/content/pkg/BILLS-117s3886is/xml/BILLS-117s3886is.xml |
117-s-3887 | II 117th CONGRESS 2d Session S. 3887 IN THE SENATE OF THE UNITED STATES March 21, 2022 Mrs. Feinstein (for herself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend the West Los Angeles Leasing Act of 2016 with respect to the definition of land use revenue.
1. Definition of land use revenue under West Los Angeles Leasing Act of 2016 Section 2(d)(2) of the West Los Angeles Leasing Act of 2016 ( Public Law 114–226 ) is amended— (1) in subparagraph (A), by striking ; and and inserting a semicolon; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: (B) any funds received as compensation for an easement described in subsection (e); and . | https://www.govinfo.gov/content/pkg/BILLS-117s3887is/xml/BILLS-117s3887is.xml |
117-s-3888 | II 117th CONGRESS 2d Session S. 3888 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Wyden (for himself, Mr. Daines , Mr. Lee , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to require that notice of criminal surveillance orders be eventually provided to targets, to reform the use of non-disclosure orders to providers, to prohibit indefinite sealing of criminal surveillance orders, and for other purposes.
1. Short title This Act may be cited as the Government Surveillance Transparency Act of 2022 . 2. Criminal surveillance orders (a) In general Part II of title 18, United States Code, is amended by inserting after chapter 206 the following: 206A Criminal surveillance orders Sec. 3131. Definitions. 3132. Criminal surveillance orders. 3133. Request for unsealing or challenging redactions. 3131. Definitions In this chapter: (1) Application The term application — (A) means an application for a criminal surveillance order; and (B) includes all supporting affidavits and exhibits. (2) Pen register; trap and trace device The terms pen register , and trap and trace device have the meanings given the terms in section 3127. (3) Criminal surveillance order The term criminal surveillance order means— (A) an order authorizing or approving the interception of a wire communication, oral communication, or electronic communication under chapter 119 or under an equivalent State law; (B) an order authorizing or approving the installation and use of a pen register or a trap and trace device under chapter 206 or under an equivalent State law; (C) an order for the installation of a mobile tracking device under section 3117; (D) an order for disclosure under chapter 121; (E) an order for a delay of notification or nondisclosure under section 2705; (F) a search or seizure warrant issued using the procedures described in the Federal Rules of Criminal Procedure or in the case of a State or Tribal court, issued using State or Tribal warrant procedures; (G) in the case of a court-martial or other proceeding under chapter 47 of title 10 (Uniform Code of Military Justice), a warrant or order issued under section 846 of that title; (H) a warrant under section 3103a; (I) an order under section 1651 of title 28; (J) an order for third party assistance under section 2518(4) or section 3124; or (K) an order to enforce the assistance capability and capacity requirements under section 2522. (4) Electronic communication; oral communication; wire communication The terms electronic communication , oral communication , and wire communication have the meanings given the terms in section 2510. (5) Indian Tribe the term Indian Tribe has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ). (6) Inventory The term inventory means the inventory and other materials— (A) returned to a Federal, State, or Tribal court or a court-martial or other proceeding under chapter 47 of title 10 (Uniform Code of Military Justice) in connection with the execution of a criminal surveillance order (including under paragraph (1)(D) or (2)(B) of rule 41(f) of the Federal Rules of Criminal Procedure, under comparable State warrant procedures, or under procedures applicable to a court-martial or other proceeding under chapter 47 of title 10); or (B) provided to persons and other parties described in section 2518(8)(d). (7) State The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. (8) Substantially prevails The term substantially prevails has the meaning given the term in section 552(a)(4)(E) of title 5. 3132. Criminal surveillance orders (a) Limitation on sealing (1) In general Except as provided in paragraph (2), a court may not seal a criminal surveillance order, application, or inventory for a period that extends after the later of— (A) date the order is executed; or (B) the date on which the authorized surveillance ends. (2) Exceptions (A) In general An applicant for a criminal surveillance order may file a written request for the court to seal the criminal surveillance order, the application, or the inventory for a period not to exceed 180 days after the later of the date the order is executed or the date on which the authorized surveillance ends, which request the court shall grant if the applicant certifies that there is reason to believe that failure to seal will have an adverse result described in subparagraph (B). (B) Adverse result (i) In general An adverse result described in this subparagraph is— (I) endangering the life or physical safety of an individual; (II) flight from prosecution; (III) destruction of or tampering with evidence; (IV) intimidation of potential witnesses; or (V) otherwise seriously jeopardizing the investigation to which the criminal surveillance order relates or unduly delaying a trial resulting from the investigation. (ii) Other requirements (I) In general When certifying an adverse result, the applicant shall certify that there is reason to believe that the person whose information is targeted by the order does not know— (aa) about the investigation; and (bb) that they are a target or person of interest in the investigation. (II) Failure to certify If the applicant does not satisfy the requirements of subclause (I)— (aa) the applicant must follow the higher standard of judicial review required by subparagraph (C)(ii); and (bb) the failure to satisfy such requirements shall be disclosed in both the criminal surveillance order and any preclusion of notice order issued for that criminal surveillance order. (iii) Review by court The court may, in its discretion, require the government to provide the factual basis for the certification described in clause (i) and may review that factual basis for sufficiency. (iv) Notification (I) In general For any criminal surveillance order, application, or inventory that is sealed at the Government’s request, the Government shall promptly notify the court if the Government no longer has reason to believe that removal of a seal will have an adverse result described in this subparagraph. (II) Unsealing After being notified by the Government under subclause (I), the court shall unseal the criminal surveillance order, application, or inventory. (C) Extensions (i) In general The court may grant a single extension of a sealing order for up to 180 days, upon the applicant’s motion, based on a renewed certification that failure to extend the sealing period will have an adverse result described in subparagraph (B). (ii) Heightened judicial review of subsequent extensions (I) In general For any extension after an extension under clause (i), the court may grant an extension of a sealing order for up to 180 days, upon the applicant’s motion, if the applicant— (aa) demonstrates— (AA) a particularized showing that failure to extend the sealing period will have an adverse result described in subparagraph (B); and (BB) a particularized showing that the adverse result would not be avoided by redaction of specified words, phrases, or passages in the criminal surveillance order, application, or inventory; and (bb) details— (AA) the nature of the investigation; (BB) the suspected crimes; (CC) the name of the target; and (DD) specific facts that substantiate the need for the extension. (II) Redacted documents (aa) In general If the court determines that an applicant has met the requirements of subitem (AA) of subclause (I)(aa), but not the requirements of subitem (BB) of subclause (I)(aa), the court shall order the applicant to submit proposed redactions to each sealed document. (bb) Disposition After considering the proposed redactions of the applicant, if any, the court may order the applicant to refile 1 or more sealed documents with such redactions as the court finds appropriate, direct the clerk to unseal the entirety of 1 or more sealed documents, or order that 1 or more sealed documents remain under seal. (D) Sealing of rejected applications and unexecuted criminal surveillance orders A court may, pursuant to subparagraph (A), seal an unexecuted criminal surveillance order, or a rejected application. (E) Challenge of adverse result certification or extension (i) In general Any person subject to and seeking to challenge a preclusion of notice order or any person seeking to unseal a surveillance order, application, or inventory may challenge— (I) a certification of the adverse result under this paragraph; or (II) the particularized showings and detailed information necessary for a second and subsequent extension. (ii) Heightened standard If an order under this paragraph or a preclusion of notice order for a subpoena or emergency request is issued earlier than 1 year before the date on which a challenge under clause (i) is made, the requirements of subparagraph (C)(ii) shall apply to a warrant or order sealed in accordance with chapter 206A or the subpoena or emergency request. (iii) Costs If a person substantially prevails in a challenge under this subparagraph, the court shall order the applicant for the criminal surveillance order at issue to pay the litigation costs of the person (including reasonable attorney's fees). (b) Docketing and publication of criminal surveillance orders, applications, inventories, and associated docket records (1) Docket records Except as provided in paragraph (2), regardless of whether a court seals a criminal surveillance order or application under this section, the public docket record for any criminal surveillance case shall— (A) be made available as an open Government data asset and under an open license, as such terms are defined in section 3502 of title 44, and in a manner that facilitates downloading docket records in bulk, in accordance with rules promulgated by the Judicial Conference of the United States, after consultation with the National Institute of Standards and Technology, the Administrator of General Services, the Electronic Public Access Public User Group, private entities offering electronic case management software, the National Center for State Courts, and the National American Indian Court Judges Association, on the website of the court; and (B) include, at a minimum— (i) the date and time the application was filed, the order was entered, and the warrant was returned to the court, where applicable; (ii) the type of order, including— (I) the statutory authority under which the order was issued; (II) the type of crime under investigation; (III) the investigating agency; (IV) the duration of the requested surveillance if any; (V) whether sealing and deferred notice were requested, if so for how long; (VI) whether an order for third party assistance was requested; and (VII) disposition by the court, whether granted, modified, or denied; (iii) an index describing any subsequent filings or orders related to the case; (iv) the unique case number in accordance with paragraph (3); and (v) the date on which the seal will expire (unless extended pursuant to subsection (a)(2)(C)). (2) Showing of adverse result If an applicant in a sealed case demonstrates that public disclosure of any docket item listed in paragraph (1)(B)(ii) will have an adverse result described in subsection (a)(2)(B), the court may direct the clerk to withhold that item from the public docket record until the sealing order expires. (3) Case number and caption (A) In general A court shall assign for each application— (i) a unique case number for every identified target, including for each unique street address, parcel, person, phone number, device, or account targeted; and (ii) a case caption providing only generic information about the type of order sought and the target of the order. (B) Requirements A court shall assign a case number and case caption under subparagraph (A) in accordance with rules promulgated by the Judicial Conference of the United States, in consultation with the Electronic Public Access Public User Group, or in the case of a State court, in accordance with rules promulgated by the highest court of the State, and in the case of a Tribal court, in accordance with rules promulgated by the highest court of the Indian Tribe. (4) Compliance with the Rehabilitation Act of 1973 Each criminal surveillance order, application, inventory, and public docket record for any criminal surveillance case required under this subsection shall be published in a form that complies with section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ). (5) Nondisclosure orders When applying for an order for nondisclosure under section 2705, to prevent the disclosure of a subpoena— (A) the applicant for the order shall include a copy of the subpoena; and (B) the court shall docket the subpoena as part of the application for the order. (6) Automatic unsealing and notification The court shall employ a technical mechanism to automatically— (A) unseal criminal surveillance orders not later than the end of the next business day after the seal expires; and (B) provide notice, 10 business days before scheduled unsealing, to the law enforcement agency that filed the application for the criminal surveillance order. (c) Filing An application and the inventory shall be filed electronically. 3133. Request for unsealing or challenging redactions (a) In general Any person may submit a request to a court to— (1) unseal an application for a criminal surveillance order, a criminal surveillance order, or an inventory; or (2) challenge a redaction under section 3132(a)(2)(C)(ii)(II). (b) Form A request described in subsection (a) may be submitted as part of— (1) the particular criminal surveillance matter, including as a motion to unseal; or (2) as a stand-alone, separate case. (c) Multiple applications and orders unsealed A request described in subsection (a) may include more than 1 application for a criminal surveillance order, criminal surveillance order, or an inventory. . (b) Technical and conforming amendments (1) In general Title 18, United States Code, is amended— (A) in section 2518(8)— (i) by striking paragraph (b); and (ii) by redesignating paragraphs (c) and (d) as subparagraphs (b) and (c), respectively; (B) in section 3123, by striking subsection (d); and (C) in section 3103a(b)(1)— (i) by striking 2705 and inserting 3132) ; and (ii) by striking trial) and inserting trial . (2) E-Government Act of 2002 (A) In general Section 205 of the E-Government Act of 2002 ( 44 U.S.C. 3501 note) is amended— (i) in subsection (a), by adding at the end the following: (8) Access to the substance of all applications for criminal surveillance orders, criminal surveillance orders, and inventories in a text searchable format in accordance with chapter 206A of title 18, United States Code. ; and (ii) in subsection (c)— (I) by striking paragraph (2) and inserting the following: (2) Exceptions (A) In general Documents that are filed that are not otherwise available to the public, such as documents filed under seal, shall not be made available online. (B) Criminal surveillance orders Subparagraph (A) shall not apply to applications for criminal surveillance orders, criminal surveillance orders, and inventories that are publicly available in accordance with chapter 206A of title 18, United States Code. ; and (II) in paragraph (3), by adding at the end the following: (D) The Supreme Court shall update the rules prescribed under subparagraph (A) to address personal information included in criminal surveillance orders, applications, and inventories that are made available to the public. . (3) Table of chapters The table of chapters for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 206 the following: 206A. Criminal surveillance orders 3121 . (c) Effective date (1) In general Except as provided in paragraphs (2) and (3), the amendments made by this section shall take effect on the date that is 2 years after the date of enactment of this Act. (2) Delayed applicability for certain State and Tribal courts (A) In general Subsections (b)(1)(A) and (c) of section 3132 of title 18, United States Code, as added by subsection (a) of this section, shall apply on and after the date that is 4 years after the date of enactment of this Act— (i) to a State or Tribal court that, on the date of enactment of this Act, does not offer electronic docketing or public online access to dockets; or (ii) any State or Tribal court that certifies that the court needs more time to comply with the requirements of those subsections. (3) Authority to delay electronic filing (A) Certification (i) Federal courts The application of subsection (c) of section 3132 of title 18, United States Code, as added by subsection (a) of this section, to Federal courts under paragraph (1) of this subsection shall be delayed for 1 year if the Director of the Administrative Office of the United States Courts certifies that the system used by Federal courts for electronic filing is not sufficiently secure. (ii) State and Tribal courts The application of subsection (c) of section 3132 of title 18, United States Code, as added by subsection (a) of this section, to a State or Tribal court under paragraph (1) or (2) of this subsection, as applicable, shall be delayed for 1 year if the chief judge of the highest court of the State or Tribe certifies that the system used by the State or Tribal court for electronic filing is not sufficiently secure. (B) Contents A certification under subparagraph (A) shall include an estimate of the date by which the electronic filing system of the applicable court will be sufficiently secure. (C) Renewal of delay The delay of the application of subsection (c) of section 3132 of title 18, United States Code, as added by subsection (a) of this section, to Federal courts or to a State or Tribal court may be delayed for 1 or more additional 1-year periods if the Director of the Administrative Office of the United States Courts or the chief judge of the highest court of the State or Tribe, respectively, submits an additional certification in accordance with subparagraphs (A) and (B). (D) Publication Any certification under this paragraph shall be— (i) made available on the website of the court system with respect to which the certification is submitted; and (ii) submitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (d) Applicability (1) Definitions In this subsection, the terms application , criminal surveillance order , and inventory have the meanings given such terms in section 3131 of title 18, United States Code, as added by subsection (a). (2) Application The amendments made by this section shall apply to— (A) any application filed or inventory returned on or after the date described in subsection (d); and (B) any criminal surveillance order entered on or after the date described in subsection (d). (3) Rule of construction regarding unsealing Nothing in the amendments made by this section shall be construed to prohibit a court from unsealing— (A) a criminal surveillance order entered or inventory returned before the date described in subsection (d); or (B) an application for a criminal surveillance order made before the date described in subsection (d). (4) Rule of construction regarding interpretation The amendments made by this section shall be liberally construed in favor of public access to documents, to the extent possible. 3. Notice to courts of unlawful surveillance (a) Required disclosure of customer communications or records Section 2703(d) of title 18, United States Code, is amended— (1) by striking A court order and inserting the following: (1) In general A court order ; and (2) by adding at the end the following: (2) Required inventory A court order for disclosure issued under subsection (b) or (c) shall require an inventory described in rule 41(f)(1)(B) of the Federal Rules of Criminal Procedure, or any successor thereto, be promptly returned to the court if the provider disclosed to the government any data not authorized by the court. . (b) Issuance of an order for a pen register or a trap and trace device Section 3123(b) of title 18, United States Code, is amended— (1) in paragraph (1)(D), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) shall require an inventory described in rule 41(f)(1)(B) of the Federal Rules of Criminal Procedure, or any successor thereto, be promptly returned to the court if— (A) the provider disclosed to the government any electronic data not authorized by the court; or (B) the government obtained dialing, routing, addressing, or signaling information that was not authorized by the court or in a manner that exceeded the authorization granted by the court. . (c) Rule 41 Rule 41(f)(1)(B) of the Federal Rules of Criminal Procedure is amended by inserting after the period at the end the following: If an inventory is required pursuant to this rule, or if an inventory is required by section 2703(d)(2) of title 18, United States Code, or section 3123(b)(3) of that title, the inventory shall— (i) disclose whether the provider disclosed to the government any electronic data not authorized by the court and, if so, provide detailed information regarding the disclosure; and (ii) disclose whether the government searched persons or property, including accounts or electronic devices, or obtained dialing, routing, addressing, or signaling information not authorized by the court or in a manner that exceeded the authorization granted by the court and, if so, provide detailed information regarding the search. . 4. Notice to subjects of law enforcement surveillance (a) In general Section 2703 of title 18, United States Code, is amended— (1) in subsection (a), in the first sentence— (A) by inserting and in accordance with the requirements for executing and returning a warrant after the procedures ; (B) by inserting and execution and return after State warrant ; and (C) by inserting and in accordance with the requirements for executing and returning such a warrant after that title ; (2) in subsection (b)— (A) in paragraph (1) (i) in subparagraph (A)— (I) by striking without required notice to the subscriber or customer, ; (II) by inserting and in accordance with the requirements for executing and returning a warrant after the procedures ; (III) by inserting and execution and return after State warrant ; and (IV) by inserting and in accordance with the requirements for executing and returning such a warrant after that title ; and (ii) in subparagraph (B)— (I) in clause (ii), by striking the semicolon at the end and inserting a period; and (II) in the matter following clause (ii), by striking except that delayed notice may be given pursuant to section 2705 of this title. ; and (B) by adding at the end the following: (3) Notice may not be delayed pursuant to section 2705 for a disclosure under paragraph (1)(B)(i). ; (3) in subsection (c)— (A) in paragraph (1)(A)— (i) by inserting and in accordance with the requirements for executing and returning a warrant after the procedures ; (ii) by inserting and execution and return after State warrant ; and (iii) by inserting and in accordance with the requirements for executing and returning such a warrant after that title ; and (B) by striking paragraph (3); (4) in subsection (d), as amended by section 3(a) of this Act, by adding at the end the following: (3) Requirements Orders under this subsection shall be issued in accordance with the requirements for executing and returning a warrant under the Federal Rules of Criminal Procedure. ; and (5) by adding at the end the following: (i) Service (1) In general A governmental entity receiving records or information under subsection (a), (b), or (c) of this section or seeking an order under section 3123 shall provide notice prior to conducting the court-authorized surveillance to the subscriber or customer or the person described in subsection (b)(1)(A) of that section, as applicable, unless notice is delayed in accordance with section 2705. If prior notice is infeasible due to inadequate contact information, the governmental entity shall provide the required notice within 7 days after receipt of adequate contact information from the provider. (2) Other requirements For purposes of serving a copy of a warrant or order described in this section and a receipt for the warrant or order— (A) the person or persons whose wire or electronic communications are obtained under the warrant or order shall be the person or persons whose property was searched or who possessed the information that was seized or copied; and (B) service of the copy of the warrant or order and the receipt may only be delayed in accordance with section 2705. . (b) Writs Section 1651 of title 28, United States Code, is amended by adding at the end the following: (c) In seeking an order to a third party under this section, the Federal Government shall comply with any requirement for notice applicable to warrants issued under the Federal Rules of Criminal Procedure. . (c) Voluntary disclosure of customer communications or records Section 2702 of title 18, United States Code, is amended by adding at the end the following: (e) Notice If a governmental entity requests and receives a voluntary disclosure from a provider described in subsection (a)— (1) the contents of communications pursuant to subsection (b)(8); or (2) a record or other information pertaining to a subscriber to or customer of such service pursuant to subsection (c)(4), the governmental entity shall within 7 days provide notice to the subscriber or customer, unless notice is delayed in accordance with section 2705. . 5. Delay and preclusion of required notice (a) In general Section 2705 of title 18, United States Code, is amended to read as follows: 2705. Delay and preclusion of notice (a) Delay of required notice to customer or subscriber (1) In general A governmental entity acting under section 2702, 2703, or section 3123 may apply to a court for an order delaying the required notice to the person whose wire or electronic communications or records or information are obtained. (2) Warrants and orders The court may enter an order described in paragraph (1) with respect to a warrant or order only if the warrant or order is sealed in accordance with chapter 206A, and only for the period during which the sealing order is in effect. (3) Subpoenas and emergency requests (A) In general The court shall enter an order described in paragraph (1) with respect to a subpoena or emergency request for a period not to exceed 180 days after the return date of the subpoena or the emergency request if the governmental entity certifies that there is reason to believe that failure to issue the order will have an adverse result described in section 3132(a)(2)(B). (B) Extensions (i) In general The court shall grant a single extension of an order described in paragraph (1) with respect to a subpoena or emergency request for a period not to exceed 180 days upon the governmental entity's motion, based on a renewed certification that failure to extend the order will have an adverse result described in section 3132(a)(2)(B). (ii) Subsequent extensions (I) In general For any extension after an extension under clause (i), the court may grant an extension of an order described in paragraph (1) with respect to a subpoena or emergency request for up to 180 days, upon the governmental entity's motion, if the governmental entity demonstrates a particularized showing described in subitems (AA) and (BB) of section 3132(a)(2)(C)(I)(aa) and details the information described in item (bb) of section 3132(a)(2)(C)(I). (II) Redacted documents The court shall consider and order redactions under this clause in accordance with the procedures under section 3132(a)(2)(C)(II). (C) Review by court The court may, in its discretion, require the governmental entity to provide the factual basis for the certification described in subparagraph (A) and may review that factual basis for sufficiency. (D) Notification (i) In general A governmental entity shall promptly notify the court once the governmental entity no longer has reason to believe that the order is necessary to prevent an adverse result described in section 3132(a)(2)(B). (ii) Revocation After being notified by the governmental entity under clause (i), the court shall revoke the order. (b) Preclusion of notice to subject of governmental access (1) Authority (A) In general Except as provided in paragraph (2) a governmental entity acting under section 2703 or section 3123 may apply to a court for— (i) an order commanding a provider of electronic communications service or remote computing service to whom a criminal surveillance order, as defined in section 3131, or subpoena is directed, not to notify any other person of the existence of the criminal surveillance order or subpoena; or (ii) an order commanding a person owning or leasing the line or other facility to which the pen register or a trap and trace device is attached or applied, or who is obligated by the order to provide assistance to the applicant, not to notify any other person of the existence of a pen register or trap and trace device, as such terms are defined in section 3127. (B) Criminal surveillance orders The court may enter an order described in subparagraph (A) with respect to a criminal surveillance order only if the criminal surveillance order is sealed in accordance with chapter 206A, and only for the period during which the sealing order is in effect. (C) Subpoenas (i) In general The court shall enter an order described in subparagraph (A) with respect to a subpoena for a period not to exceed 180 days after the return date of the subpoena if the governmental entity certifies that there is reason to believe that failure to issue the order will have an adverse result described in section 3132(a)(2)(B). (ii) Extensions (I) In general The court shall grant a single extension of an order described in subparagraph (A) with respect to a subpoena for a period not to exceed 180 days upon the governmental entity's motion, based on a renewed certification that failure to extend the order will have an adverse result described in section 3132(a)(2)(B). (II) Subsequent extensions (aa) In general For any extension after an extension under subclause (I), the court may grant an extension of an order described in subparagraph (A) with respect to a subpoena for up to 180 days, upon the governmental entity's motion, if the governmental entity demonstrates a particularized showing described in subitems (AA) and (BB) of section 3132(a)(2)(C)(I)(aa) and details the information described in item (bb) of section 3132(a)(2)(C)(I). (bb) Redacted documents The court shall consider and order redactions under this subclause in accordance with the procedures under section 3132(a)(2)(C)(II). (iii) Review by court The court may, in its discretion, require the governmental entity to provide the factual basis for the certification described in clause (i) and may review that factual basis for sufficiency. (iv) Notification (I) In general A governmental entity shall promptly notify the court once the governmental entity no longer has reason to believe that the order is necessary to prevent an adverse result described in section 3132(a)(2)(B). (II) Revocation After being notified by the governmental entity, the court shall revoke the order. (D) Limitations Preclusion of notice orders that may be issued only under subparagraph (A)(i) to criminal surveillance orders or subpoenas that are listed in the preclusion of notice order. (2) Exceptions Paragraph (1) shall not apply to— (A) any person to whom disclosure is necessary in order to comply with the request; (B) an attorney in order to obtain legal advice or assistance regarding the request; or (C) any other person as permitted by the court. (3) Rule of construction Nothing in this subsection may be construed to prohibit a recipient of an order under this subsection from challenging the order on grounds that the order violates the Constitution of the United States or, in the case of an order issued by a State or Tribal court, the State or Tribal constitution. (c) Reports concerning preclusion of notice orders (1) In general In January of each year, any judge who has issued an order (or an extension thereof) under subsection (b) that expired during the preceding year, or who has denied approval of a request for a preclusion of notice order, shall report to the Administrative Office of the United States Courts— (A) the fact that an order or extension was applied for; (B) the fact that the order or extension was granted as applied for, was modified, or was denied; (C) the period of the preclusion of notice required by the order, and the number and duration of any extensions of the order; (D) the nature of the offense or criminal investigation that was the basis for the underlying criminal surveillance order; (E) the name of each provider of electronic communication service or remote computing service served with the order, if so granted; and (F) the investigative or law enforcement agency that submitted the application. (2) Public report In June of each year, the Director of the Administrative Office of the United States Courts shall publish on the website of the Administrative Office of the United States Courts and include in the report required under section 2519(3)— (A) a full and complete report concerning— (i) the number of applications for orders authorizing or approving the preclusion of notice pursuant to this section; and (ii) the number of orders and extensions granted or denied pursuant to this section during the preceding calendar year; and (B) a detailed summary and analysis of each category of data required to be reported under paragraph (1). (3) Format Not later than 180 days after the date of enactment of this section, the Director of the Administrative Office of the United States Courts shall, in consultation with the National Institute of Standards and Technology and the Administrator of General Services, private entities offering electronic case management software, the National Center for State Courts, and the National American Indian Court Judges Association, publish a machine readable form that shall be used for any report required under paragraph (1). (4) Regulations The Director of the Administrative Office of the United States Courts may promulgate regulations with respect to the content and form of the reports required under paragraph (1). (d) Duration Any order issued under subsection (a) or (b) before the effective date of chapter 206A shall be for a period of not longer than 180 days. . (b) Additional grounds for issuing warrant Section 3103a of title 18, United States Code, is amended— (1) in subsection (b)(3), by inserting , not to exceed 180 days, after certain ; (2) in subsection (c), by inserting , not to exceed 180 days before the period at the end; and (3) in subsection (d)(1)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) the identification of the statute or rule of law authorizing the search and seizure of property or material. . (c) Technical and conforming amendment The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2705 and inserting the following: 2705. Delay and preclusion of notice. . 6. Incentives for State and Tribal courts to implement requirements (a) Amendments (1) Stored communications Chapter 121 of title 18, United States Code, is amended— (A) in section 2703, as amended by section 4(a) of this Act, by inserting after return procedures each place the term appears the following: and containing a certification that the court is acting in compliance with chapter 206A ; and (B) in section 2711(3)(B), by inserting that is acting in compliance with chapter 206A after search warrants . (2) Wiretapping Section 2516(2) of title 18, United States Code, is amended by striking The principal prosecuting attorney of any State and inserting If a State requires that courts in the state comply with chapter 206A, the principal prosecuting attorney of that State . (3) Pen registers and trap and trace devices Section 3122(a)(2) of title 18, United States Code, is amended by inserting and if the State requires that courts in the state comply with chapter 206A, after law, . (4) Full faith and credit The third undesignated paragraph of section 1738 of title 28, United States Code, is amended by inserting , provided that any criminal surveillance order, as defined in section 3131 of title 18, shall be entitled to full faith and credit only if the order contains a certification that the court that issued the order is acting in compliance with the requirements of chapter 206A of title 18 before the period at the end. (b) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on the date that is 2 years after the date of enactment of this Act. (2) Delayed applicability for certain State and Tribal courts The amendments made by subsection (a) shall apply on and after the date that is 4 years after the date of enactment of this Act— (A) to a State or Tribal court that, on the date of enactment of this Act, does not offer electronic docketing or public online access to dockets; or (B) to any State or Tribal court that certifies that the court needs more time to comply with the requirements of the subsection. 7. Modernizing criminal surveillance reports (a) Reports concerning access to customer communications or records (1) In general Section 2703 title 18, United States Code, as amended by section 4(5) of this Act, is amended by adding at the end the following: (j) Reports concerning access to customer communications or records (1) In general In January of each year, any judge who has issued an order under this section or a warrant to obtain records described in this section, or who has denied approval of an application under this section during the preceding year, shall report to the Administrative Office of the United States Courts— (A) the fact that the order or warrant was applied for; (B) the type of records sought in the order or warrant; (C) whether the order or warrant was— (i) granted as applied for; (ii) granted as modified; or (iii) denied; (D) the subsection of this section under which the application for the order or warrant was filed; (E) the nature of the offense or criminal investigation that was the basis for the application for the order or warrant; (F) the name of each provider of electronic communication service or remote computing service served with the order or warrant, if so granted; and (G) the investigative or law enforcement agency that submitted the application. (2) Public report In June of each year, the Director of the Administrative Office of the United States Courts shall publish on the website of the Administrative Office of the United States Courts and include in the report required under section 2519(3)— (A) a full and complete report concerning the number of applications for orders or warrants requiring the disclosure of, during the preceding calendar year— (i) the contents of wire or electronic communications in electronic storage under subsection (a); (ii) the contents of wire or electronic communications in a remote computer service under subsection (b); and (iii) records concerning electronic communication service or remote computer service under subsection (c); (B) the number of orders and warrants granted or denied under this section during the preceding calendar year; and (C) a detailed summary and analysis of each category of data required to be filed with the Administrative Office of the United States Courts under paragraph (1). (3) Format Not later than 180 days after the date of enactment of the Government Surveillance Transparency Act of 2022 , the Director of the Administrative Office of the United States Courts shall, in consultation with the National Institute of Standards and Technology, the Administrator of General Services, the Electronic Public Access Public User Group, private entities offering electronic case management software, the National Center for State Courts, and the National American Indian Court Judges Association, publish a machine readable form that shall be used for any report required under paragraph (1). (4) Regulations The Director of the Administrative Office of the United States Courts may issue binding regulations with respect to the content and form of the reports required under paragraph (1). . (2) Technical and conforming amendment Section 2519(3) of title 18, United States Code, is amended, in the first sentence, by inserting publish on the website of the Administrative Office of the United States Courts before transmit . (b) Reports concerning pen registers and trap and trace devices Section 3126 of title 18, United States Code, is amended to read as follows: 3126. Reports concerning pen registers and trap and trace devices (a) In general In January of each year, any judge who has issued an order (or an extension thereof) under section 3123 that expired during the preceding year, or who has denied approval of an installation and use of a pen register or trap and trace device during that year, shall report to the Administrative Office of the United States Courts— (1) the fact that an order or extension was applied for; (2) the kind of order or extension applied for; (3) the fact that the order or extension was granted as applied for, was modified, or was denied; (4) the period of installation and use of a pen register or trap and trace device authorized by the order, and the number and duration of any extensions of the order; (5) the offense specified in the order or application, or extension of an order; (6) the precise nature of the facilities affected and the precise nature of the information sought; and (7) the investigative or law enforcement agency that submitted the application. (b) Public report In June of each year, the Director of the Administrative Office of the United States Courts shall publish on the website of the Administrative Office of the United States Courts and include in the report required under section 2519(3)— (1) a full and complete report concerning— (A) the number of applications for orders authorizing or approving the installation and use of a pen register or trap and trace device pursuant to this chapter; and (B) the number of orders and extensions granted or denied pursuant to this chapter during the preceding calendar year; and (2) a detailed summary and analysis of each category of data required to be reported under subsection (a). (c) Format Not later than 180 days after the date of enactment of the Government Surveillance Transparency Act of 2022 , the Director of the Administrative Office of the United States Courts shall, in consultation with the National Institute of Standards and Technology and the Administrator of General Services, private entities offering electronic case management software, the National Center for State Courts, and the National American Indian Court Judges Association, publish a machine readable form that shall be used for any report required under subsection (a). (d) Regulations The Director of the Administrative Office of the United States Courts may issue binding regulations with respect to the content and form of the reports required under subsection (a). . (c) Reporting of emergency disclosures Section 2702(d) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by inserting and publish on the website of the Department of Justice after Senate . 8. Grants (a) Definitions In this section— (1) the term Indian Tribe has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ); and (2) the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. (b) Authority The Attorney General shall make grants to State and Tribal court systems for the cost of implementing the requirements under the amendments made by this Act for the 5-year period beginning on the date of enactment of this Act. (c) Maximum amount The total amount of grants awarded under this section shall be not greater than $25,000,000. 9. Authorization of appropriations There are authorized to be appropriated— (1) $1,000,000 to the Administrative Office of the United States Courts to implement the requirements of this Act and the amendments made by this Act; and (2) $25,000,000 to carry out the grant program under section 8. 10. Severability If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional, the remaining provisions of and amendments made by this Act, and the application of the provision or amendment held to be unconstitutional to any other person or circumstance, shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s3888is/xml/BILLS-117s3888is.xml |
117-s-3889 | II 117th CONGRESS 2d Session S. 3889 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Scott of South Carolina (for himself, Mr. McConnell , Mr. Thune , Mr. Barrasso , Mr. Burr , Mr. Braun , Mr. Marshall , Mr. Moran , Mr. Tuberville , Mr. Risch , Mr. Crapo , Mr. Cornyn , Mr. Daines , Ms. Lummis , Mrs. Hyde-Smith , Mr. Hagerty , Mr. Boozman , Mr. Wicker , Mr. Tillis , Mr. Cramer , Mr. Romney , Mr. Cotton , Mr. Inhofe , Mr. Johnson , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reform the labor laws of the United States, and for other purposes.
1. Short title This Act may be cited as the Employee Rights Act . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Enhancing employee rights Sec. 101. Enhanced Employee Rights. Sec. 102. Interference with commerce by threats or violence. Sec. 103. Additional labor rights under the National Labor Relations Act. TITLE II—Employee Benefits and Advancement Sec. 201. Payment of higher wages. Sec. 202. Employment relationships. Sec. 203. Preventing Federal actions that cause job losses. TITLE III—Structural reforms Sec. 301. Tribal Sovereignty. Sec. 302. Labor organizations required to file Form T–1 Trust Annual Reports. TITLE IV—Additional reforms to existing labor rights and protections Sec. 401. Notice of rights and protections; voter registration lists. Sec. 402. Labor organization use of personal information. Sec. 403. Notices for labor organization cards declaring purpose and disclosure of dues and fees. I Enhancing employee rights 101. Enhanced Employee Rights (a) Amendments to the National Labor Relations Act (1) Unfair labor practices Section 8(b)(1) of the National Labor Relations Act ( 29 U.S.C. 158(b)(1) ) is amended by striking restrain or and inserting interfere with, restrain, or . (2) Representatives and elections The National Labor Relations Act is amended— (A) in section 8 ( 29 U.S.C. 158 ), by adding at the end the following: (h) (1) Except as described in paragraph (3), it shall not be an unfair labor practice under subsection (a) for an employer that, not more than 90 days prior to the expiration of a collective bargaining agreement in effect between a representative of employees of the employer in a bargaining unit and the employer, receives evidence that the majority of the employees in the unit do not support the representative for purposes of collective bargaining to refuse to bargain collectively with the representative prior to the expiration of the agreement for the purpose of negotiating a new or renewed collective bargaining agreement. (2) An employer that refuses to bargain collectively in accordance with paragraph (1) shall provide notice of the refusal to the representative of the bargaining unit on the date of such refusal. (3) (A) It shall be an unfair labor practice for an employer described in paragraph (1) to refuse to bargain collectively with the representative of the bargaining unit described in such paragraph for the purpose of negotiating a new or renewed collective bargaining agreement prior to the expiration of the agreement in effect between the representative and the employer if the representative reestablishes in accordance with subparagraph (B) that a majority of the employees in the unit for purposes of collective bargaining support the representative. (B) A representative reestablishes majority support under subparagraph (A), if, not more than 45 days after the date of the notice of refusal under paragraph (2), the representative, in accordance with section 9, files a petition with the Board and is selected for purposes of collective bargaining by secret ballot, in an election conducted by the Board, by the majority of the employees in the unit. ; and (B) in section 9(a) ( 29 U.S.C. 159(a) )— (i) by striking designated or selected for the purposes of collective bargaining and inserting for the purposes of collective bargaining selected by secret ballot in an election conducted by the Board, ; and (ii) by inserting before the period the following: : Provided further, That, for purposes of determining the majority of the employees in a secret ballot election in a unit, the term majority shall mean the majority of all the employees in the unit, and not the majority of employees voting in the election: Provided further, That, for any bargaining unit that is voluntarily recognized for the purposes of collective bargaining as of the date of enactment of the Employee Rights Act , the Board shall, not later than 120 days after such date of enactment, conduct a secret ballot election among the represented employees in the bargaining unit and, if a majority of the votes cast in such election reject the continuing representation by the labor organization, the labor organization shall cease representation of employees in the bargaining unit and any obligations to or on behalf of the labor organization in a collectively bargained contract then in effect shall terminate . (3) Fair representation in elections Section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) is amended— (A) in subsection (b), by inserting prior to an election after in each case ; and (B) in subsection (c)— (i) in the flush matter following paragraph (1)(B)— (I) by inserting of 14 days in advance after appropriate hearing upon due notice ; (II) by inserting , and a review of post-hearing appeals, after the record of such hearing ; and (III) by adding at the end the following: The employer shall provide the Board a list consisting only of employee names and home addresses of all eligible voters within 7 days following the Board’s determination of the appropriate unit or following any agreement between the employer and the labor organization regarding the eligible voters. Any employee may elect to be excluded from such list by notifying the employer in writing. ; and (ii) by adding at the end the following: (6) (A) No election shall take place after the filing of any petition unless and until— (i) a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (ii) the issues are resolved by a regional director, subject to appeal and review, or by the Board. (B) No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until— (i) the Board has ruled on each pre-election issue not resolved before the election; and (ii) the Board conducts a hearing in accordance with due process and resolves each issue pertaining to the conduct or results of the election. . (4) Penalties Section 10(c) of the National Labor Relations Act ( 29 U.S.C. 160(c) ) is amended by inserting before And provided further the following: Provided further , That in a case the Board has found that any labor organization has interfered with, restrained, or coerced employees in the exercise of their rights under section 7 to form or join a labor organization or to refrain therefrom, including the filing of a decertification petition, the Board shall order the labor organization to be liable to the affected employees for wages lost and labor organization dues or fees collected unlawfully, if any, and an additional amount as liquidated damages: Provided further , That any labor organization found to have interfered with, restrained, or coerced an employee in connection with the filing of a decertification petition shall be prohibited from filing objections to an election held pursuant to such petition: . (b) Amendments to the Labor-Management Reporting and Disclosure Act of 1959 (1) Definition Section 3(k) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 402(k) ) is amended by striking ballot, voting machine, or otherwise, but and inserting paper ballot, voting machine, or electronic ballot cast in the privacy of a voting booth and . (2) Rights of members Section 101(a)(1) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 411(a)(1) ) is amended by adding at the end the following Every employee in a bargaining unit represented by a labor organization, regardless of membership status in the labor organization, shall have the same right as members to vote by secret ballot regarding whether to ratify a collective bargaining agreement with, or to engage in a strike or refusal to work of any kind against, their employer. . (3) Right not to subsidize labor organization nonrepresentational activities Title I of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 411 et seq. ) is amended by adding at the end the following: 106. Right not to subsidize labor organization nonrepresentational activities No employee’s labor organization dues, fees, assessments, or other contributions shall be used or contributed to any person, organization, or entity for any purpose not directly related to the labor organization’s collective bargaining or contract administration functions on behalf of the represented unit employee unless the employee member, or nonmember required to make such payments as a condition of employment, authorizes such expenditure in writing, after a notice period of not less than 35 days. An initial authorization provided by an employee under the preceding sentence shall expire not later than 1 year after the date on which such authorization is signed by the employee. There shall be no automatic renewal of an authorization under this section. . (4) Limitations Section 101(a) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 411(a) ) is amended by adding at the end the following: (6) Limitation No strike shall commence without the consent of a majority of all represented unit employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization involved. In any case in which the employer involved has made an offer for a collective bargaining agreement, the represented unit employees involved shall be provided the opportunity for a secret ballot vote on such offer prior to any vote relating to the commencement of a strike. The cost of any such election shall be borne by the labor organization. . (5) Reporting by labor organizations Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 431(c) ) is amended— (A) by inserting and the independently verified annual audit report of the labor organization’s financial condition and operations after required to be contained in such report ; (B) by inserting and represented unit nonmembers after members ; (C) by inserting and represented unit nonmember after any member ; (D) by inserting or represented unit nonmember after to permit such member ; (E) by striking and after any books, records, ; and (F) by striking necessary to verify such report and inserting , and independently verified annual audit report of the labor organization’s financial condition and operations necessary to verify such report required to be submitted under this title . (6) Acts of violence Section 610 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 530 ) is amended— (A) by striking It shall and inserting (a) It shall ; and (B) by adding at the end the following: (b) It shall be unlawful for any person, through the use of force or violence, or threat of the use of force or violence, to restrain, coerce, or intimidate, or attempt to restrain, coerce, or intimidate any person for the purpose of obtaining from any person any right to represent employees or any compensation or other term or condition of employment. Any person who willfully violates this subsection shall be fined not more than $100,000 or imprisoned for not more than 10 years, or both. (c) The lawfulness of a labor organization’s objectives shall not remove or exempt from the definition of extortion conduct by the labor organization or its agents that otherwise constitutes extortion as defined by section 1951(b)(2) of title 18, United States Code. . 102. Interference with commerce by threats or violence Section 1951 of title 18, United States Code, is amended to read as follows: 1951. Interference with commerce by threats or violence (a) Prohibition Except as provided in subsection (c), whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion, or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section, shall be fined not more than $100,000, imprisoned for a term of not more than 20 years, or both. (b) Definitions For purposes of this section— (1) the term commerce means any— (A) commerce within the District of Columbia, or any territory or possession of the United States; (B) commerce between any point in a State, territory, possession, or the District of Columbia and any point outside thereof; (C) commerce between points within the same State through any place outside that State; and (D) other commerce over which the United States has jurisdiction; (2) the term extortion means the obtaining of property from any person, with the consent of that person, if that consent is induced— (A) by actual or threatened use of force or violence, or fear thereof; (B) by wrongful use of fear not involving force or violence; or (C) under color of official right; (3) the term labor dispute has the same meaning as in section 2(9) of the National Labor Relations Act ( 29 U.S.C. 152(9) ); and (4) the term robbery means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his or her will, by means of actual or threatened force or violence, or fear of injury, immediate or future— (A) to his or her person or property, or property in his or her custody or possession; or (B) to the person or property of a relative or member of his or her family, or of anyone in his or her company at the time of the taking or obtaining. (c) Exempted conduct (1) In general Subsection (a) does not apply to any conduct that— (A) is incidental to otherwise peaceful picketing during the course of a labor dispute; (B) consists solely of minor bodily injury, or minor damage to property, or threat or fear of such minor injury or damage; and (C) is not part of a pattern of violent conduct or of coordinated violent activity. (2) State and local jurisdiction Any violation of this section that involves any conduct described in paragraph (1) shall be subject to prosecution only by the appropriate State and local authorities. (d) Effect on other law Nothing in this section shall be construed— (1) to repeal, amend, or otherwise affect— (A) section 6 of the Clayton Act ( 15 U.S.C. 17 ); (B) section 20 of the Clayton Act ( 29 U.S.C. 52 ); (C) any provision of the Norris-LaGuardia Act ( 29 U.S.C. 101 et seq. ); (D) any provision of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); or (E) any provision of the Railway Labor Act ( 45 U.S.C. 151 et seq. ); or (2) to preclude Federal jurisdiction over any violation of this section, on the basis that the conduct at issue— (A) is also a violation of State or local law; or (B) occurred during the course of a labor dispute or in pursuit of a legitimate business or labor objective. . 103. Additional labor rights under the National Labor Relations Act (a) Religious conscientious exemption Section 19 of the National Labor Relations Act ( 29 U.S.C. 169 ) is amended— (1) by striking Any employee and inserting (a) Any employee ; (2) by striking ; except that and all that follows through chosen by the employee ; and (3) by adding at the end the following: (b) (1) Notwithstanding any other provision in this Act, a qualified employer shall not be required to comply with any provision in this Act that requires the employer to recognize, bargain with, or financially support any labor organization. (2) For purposes of this subsection— (A) the term qualified employer means an employer— (i) that has a board of directors, of which a majority of the individuals serving on such board are qualified individuals; (ii) that has a stock, of which the majority is owned or controlled by a qualified individual or qualified individuals; or (iii) whose management is controlled, in majority, by a qualified individual or qualified individuals; and (B) the term qualified individual means an individual who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to recognizing, bargaining with, or financially supporting labor organizations. . (b) New elections in cases of labor organization misconduct Section 9(c) of the National Labor Relations Act ( 29 U.S.C. 159(c) ), as amended by section 101(a)(3)(B), is further amended by adding at the end the following: (7) In any case in which the Board determines that the results of an election under this subsection were influenced by the misconduct of a labor organization, including misconduct through interference, restraint, or coercion of an employee with respect to such election, the Board shall set aside the results of such election and order a new election with appropriate additional safeguards necessary to ensure a fair election process. . (c) Rights of employers regarding employer-issued technology The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) is amended— (1) by inserting after section 7 ( 29 U.S.C. 157 ) the following: 7A. Rights of employers regarding employer-issued technology An employer shall have the right to determine how technology issued by the employer (including communication devices and systems) is used by employees and to prohibit employees from using any such technology for efforts to form, join, or assist a labor organization. ; and (2) in section 8 ( 29 U.S.C. 158 ), as amended by section 101(a)(2)(A), by adding at the end the following: (i) It shall be an unfair labor practice for an employee or a labor organization to interfere with the right of an employer under section 7A, including by violating or encouraging employees to violate a prohibition of an employer described in such section. . (d) Rejecting arbitrated first collective bargaining agreements Section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) is amended by adding at the end the following: (f) Notwithstanding any other provision of law, in the case of any collective bargaining agreement that was made through arbitration and that is the first such agreement between an employer and a labor organization, the employees covered by such agreement shall have the right to vote on the ratification of such agreement through a secret ballot election. In the case that such employees exercise such right and a majority of the employees vote against ratifying the agreement, the agreement shall be null and void. . (e) Waiting period after failed labor organization vote Section 9(c) of the National Labor Relations Act ( 29 U.S.C. 159(c) ), as amended by subsection (b), is further amended— (1) in paragraph (3), by striking the first sentence; and (2) by adding at the end the following: (8) (A) Subject to subparagraph (B), no election shall be conducted pursuant to this subsection in any bargaining unit within which, in the preceding 2-year period, a valid election was held and a majority of the employees in such bargaining unit voted against representation. (B) An election may be held in a case described in subparagraph (A) during the period described in such subparagraph if the bargaining unit described in such subparagraph experiences turnover, expansion, or alteration by merger of unit represented employees exceeding 50 percent of the bargaining unit on the date on which the election resulting in a majority of the employees in the unit voting against representation occurred. . (f) Collective or class actions Section 7 of the National Labor Relations Act ( 29 U.S.C. 157 ) is amended by adding at the end the following: Nothing in this section shall confer the right of an employee to support or engage in a class or collective action. . II Employee Benefits and Advancement 201. Payment of higher wages Section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) is amended— (1) by inserting (1) after (a) ; and (2) by adding at the end the following: (2) Notwithstanding a labor organization’s exclusive representation of employees in a unit, or the terms and conditions of any collective bargaining contract or agreement then in effect, nothing in either— (A) paragraph (1) or (5) of section 8(a), or (B) a collective bargaining contract or agreement renewed or entered into after the date of enactment of the Employee Rights Act , shall prohibit an employer from paying an employee in the unit greater wages, pay, or other compensation for, or by reason of, his or her services as an employee of such employer, than provided for in such contract or agreement. . 202. Employment relationships (a) Amendments to the Fair Labor Standards Act of 1938 To harmonize the definition of employee (1) Definition of employee Section 3(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e)(1) ) is amended by inserting before the period the following: , as determined under the usual common law rules . (2) Definition of employ Section 3(g) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(g) ) is amended by inserting an employee after permit . (b) Clarification of joint employment (1) National Labor Relations Act Section 2(2) of the National Labor Relations Act ( 29 U.S.C. 152(2) ) is amended— (A) by striking The term employer and inserting (A) The term employer ; and (B) by adding at the end the following: (B) An employer may be considered a joint employer of the employees of another employer only if each employer directly, actually, and immediately, and not in a limited and routine manner, exercises significant control over the essential terms and conditions of employment of the employees of the other employer, such as hiring such employees, discharging such employees, determining the rate of pay and benefits of such employees, supervising such employees on a day-to-day basis, assigning such employees a work schedule, position, or task, or disciplining such employees. . (2) Fair Labor Standards Act of 1938 Section 3(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(d) ) is amended— (A) by striking Employer includes and inserting (1) Employer includes ; and (B) by adding at the end the following: (2) An employer may be considered a joint employer of the employees of another employer for purposes of this Act only if each employer meets the criteria set forth in section 2(2)(B) of the National Labor Relations Act ( 29 U.S.C. 152(2)(B) ) except that, for purposes of determining joint-employer status under this Act, the terms employee and employer referenced in such section shall have the meanings given such terms in this section. . (c) Benefits for individuals accessing work through a digital marketplace company (1) In general Notwithstanding any other provision of law, the fact that an individual accessing work through a digital marketplace company receives retirement or fringe benefits from such digital marketplace company shall not establish, or support the establishment of, an employee and employer relationship between the individual accessing work through a digital marketplace company and the digital marketplace company, respectively, under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), the National Labor Relations Act ( 29 U.S.C. 151 et seq. ), or any other Federal law. (2) Definitions In this subsection: (A) Digital marketplace company The term digital marketplace company means a business entity affecting commerce that— (i) (I) maintains an online-enabled application or platform to facilitate the exchange of goods or services by users of the online-enabled application or platform; or (II) licenses access to an online-enabled application or platform to facilitate the exchange of goods or services; and (ii) does not require a licensee using the online-enabled application or platform to generate business to accept any specific job request as a condition of maintaining access to the entity's online-enabled application or platform. (B) Individual accessing work through a digital marketplace company The term individual accessing work through a digital marketplace company means an individual who— (i) is provided with the option to accept or reject job requests through an online-enabled application or platform maintained by a digital marketplace company; and (ii) provides services to digital platform consumers upon connection through a digital network maintained by the digital marketplace company in exchange for compensation or payment of a fee. (d) Provision of technical assistance Notwithstanding any other provision of law, under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), the National Labor Relations Act ( 29 U.S.C. 151 et seq. ), or any other Federal law, neither of the following may be construed, alone or in combination with any other factor, as establishing an employer and employee relationship between a franchisor (or any employee of the franchisor) and a franchisee (or any employee of the franchisee): (1) The franchisor (or any employee of the franchisor) provides the franchisee (or any employee of the franchisee) with, or requires such franchisee (or any employee of the franchisee) to use, a handbook, or other training, on sexual harassment, human trafficking, workplace violence, discrimination, or opportunities for apprenticeships or scholarships. (2) The franchisor (or any employee of the franchisor) requires the franchisee (or any employee of the franchisee) to adopt a policy on sexual harassment, human trafficking, workplace violence, discrimination, opportunities for apprenticeships or scholarships, child care, or paid leave, including a requirement for such franchisee (or any employee of the franchisee) to report to the franchisor (or any employee of the franchisor) any violations or suspected violations of such policy. (e) Protection of employer rights (1) Purposes The purposes of this subsection are— (A) to preserve the balance of rights between employers, employees, and labor organizations; and (B) to alleviate pressure on employers to hire individuals who seek or gain employment in order to disrupt the workplace of the employer or otherwise inflict economic harm designed to put the employer out of business. (2) Clarification of employer rights regarding hiring Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ), as amended by section 103(c)(2), is further amended by adding at the end the following: (j) Nothing in subsection (a) shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or membership in a labor organization. . 203. Preventing Federal actions that cause job losses (a) Definitions In this section: (1) Agency; rule The terms agency and rule have the meanings given those terms in section 551 of title 5, United States Code. (2) Director The term Director means the Director of the Office of Management and Budget. (3) Employer The term employer has the meaning given the term in section 2 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 ). (4) Mass layoff; plant closing The terms mass layoff and plant closing have the meanings given those terms in section 2 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 ), except that those terms do not include a mass layoff or plant closing described in section 4 of that Act ( 29 U.S.C. 2103 ). (5) Rescission resolution The term rescission resolution means a joint resolution— (A) relating to an Executive order for which the Director has submitted notice to Congress under subsection (d)(2) that the Executive order is likely to result in an employer ordering a plant closing or mass layoff; (B) which does not have a preamble; (C) the title of which is as follows: Joint resolution relating to nullifying the Executive Order relating to ___. , the blank space being filled in with the title of the Executive order; and (D) the matter after the resolving clause of which is as follows: “That— (1) effective as if enacted on the date on which the Executive Order was issued, the provisions of Executive Order ____, entitled ______ are rescinded and shall have no force or effect; and (2) none of the funds appropriated or otherwise made available by any Act may be used to implement, administer, or otherwise carry out the Executive Order described in paragraph (1), or any successor Executive order or regulation. , the blank spaces being filled in with the number and title, respectively, of the Executive order. (6) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (b) Review process of agency rules (1) In general The head of an agency shall include in each report relating to a rule submitted to each House of Congress and the Comptroller General of the United States under section 801(a)(1)(A) of title 5, United States Code, a regulatory impact statement that includes— (A) a determination of whether the rule is likely to result in an employer ordering— (i) a plant closing; or (ii) a mass layoff; and (B) if the head of the agency makes a positive determination under subparagraph (A), a list of each State in which an employer is likely to order a plant closing or mass layoff as a result of the rule. (2) Considerations In making a determination on a rule under paragraph (1)(A), the head of an agency shall consider comments received from the public. (3) Notification Not later than the date on which the head of an agency issues a rule for which the head of the agency makes a positive determination under paragraph (1)(A), the head of the agency shall notify— (A) the Governor of any State included in a list described in paragraph (1)(B) of the likelihood of an employer ordering a plant closing or mass layoff in that State as a result of the rule; and (B) any employees likely to be impacted by an employer ordering a plant closing or mass layoff that may occur as a result of the rule. (c) Time limit for congressional review inapplicable With respect to a rule for which the head of an agency makes a positive determination under subsection (b)(1)(A), the period during which a joint resolution described in section 802(a) of title 5, United States Code, relating to the rule may be introduced shall be unlimited. (d) Review process of executive orders (1) In general Not later than 7 days after the date on which the President issues an Executive order, the Director shall determine whether the Executive order is likely to result in an employer ordering a mass layoff or plant closing. (2) Notification Not later than 15 days after the date on which the President issues an Executive order for which the Director makes a positive determination under paragraph (1), the Director shall submit a notice to Congress and the Governor of any State in which an employer is likely to order a plant closing or mass layoff as a result of the Executive order, which shall contain the following message: In accordance with section 203 of the Employee Rights Act , I am notifying you that the President has issued Executive Order Number ___, which I have determined would likely result in an employer ordering a plant closing or mass layoff at _____. , the blank spaces being filled in with the number of the Executive order and the address of the single site of employment at which an employer is likely to order a plant closing or mass layoff, respectively. (e) Nullification of executive actions (1) In general It shall be in order, not later than 60 days (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress) after the date on which the Director notifies Congress of an Executive order that is likely to result in an employer ordering a plant closing or mass layoff under subsection (d)(2), to introduce a rescission resolution in the House of Representatives or the Senate with respect to the Executive order. (2) Congressional consideration of proposed rescission resolutions (A) Procedure in House and Senate (i) Referral Any rescission resolution introduced under paragraph (1) shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. (ii) Discharge of committee (I) In general If the committee to which a rescission resolution with respect to an Executive order has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its introduction, it is in order to move to— (aa) discharge the committee from further consideration of the rescission resolution; or (bb) discharge the committee from further consideration of any other rescission resolution with respect to the same Executive order, which has been referred to the committee. (II) Motion to discharge A motion to discharge may be made only by an individual favoring the rescission resolution and may be made only if supported by one-fifth of the Members of the House involved (a quorum being present). The motion is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has reported a rescission resolution with respect to the same Executive order) and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the rescission resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (iii) Floor consideration in the House (I) When the committee of the House of Representatives has reported, or has been discharged from further consideration of a rescission resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the rescission resolution. The motion shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (II) Debate on a rescission resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the rescission resolution or resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to reconsider the vote by which a rescission resolution is agreed to or disagreed to. (III) Motions to postpone, made with respect to the consideration of a rescission resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (IV) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any rescission resolution shall be decided without debate. (V) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any rescission resolution and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other rescission resolutions and resolutions, amendments, and conference reports in similar circumstances. (iv) Floor consideration in the Senate (I) Debate in the Senate on any rescission resolution, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (II) Debate in the Senate on any amendment to a rescission resolution shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the rescission resolution. Debate on any amendment to an amendment, to such a rescission resolution, and debate on any debatable motion or appeal in connection with such a rescission resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the rescission resolution, except that in the event the manager of the rescission resolution is in favor in any such amendment, motion, or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of a rescission resolution shall be received. Such leaders, or either of them, may, from the time under their control on the passage of a rescission resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal. (III) A motion to further limit debate is not debatable. A motion to recommit a rescission resolution (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, excluding any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. (IV) The conference report on any rescission resolution shall be in order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to. (V) During Senate consideration of the conference report on any rescission resolution, debate shall be limited to 2 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. (VI) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided, between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between, and controlled by the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee. (VII) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received. (3) Continuity of session of Congress For the purpose of this subsection, continuity of a session of the Congress shall be considered as broken only by an adjournment of the Congress sine die. III Structural reforms 301. Tribal Sovereignty Section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ) is amended— (1) in paragraph (2), by inserting or any Indian tribe, or any enterprise or institution owned and operated by an Indian tribe and located on its Indian lands, after subdivision thereof, ; and (2) by adding at the end the following: (15) The term Indian tribe means any Indian tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (16) The term Indian means any individual who is a member of an Indian tribe. (17) The term Indian lands means— (A) all lands within the limits of any Indian reservation; (B) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or Indian or held by any Indian tribe or Indian subject to restriction by the United States against alienation; and (C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a Federally recognized Indian tribe. . 302. Labor organizations required to file Form T–1 Trust Annual Reports Section 201 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 431 ) is amended by adding at the end the following: (d) Form T–1 Annual Trust Report (1) Definition of covered labor organization In this subsection, the term covered labor organization means a labor organization whose total annual receipts equal or exceed $250,000. (2) Conditions Each covered labor organization shall file an annual report containing the information described in paragraph (3) for each trust in which a labor organization is interested if the labor organization (alone or in combination with other labor organizations)— (A) has, at any time during or prior to the reporting period, selected or appointed the majority of the governing board of the trust in office at any time during the reporting period; or (B) contributes more than 50 percent of the receipts of the trust during the reporting period. (3) Report A report required under paragraph (2) shall contain information pertaining to the financial operations of the labor organization and the trust, including any transactions or major receipts or disbursements by the trust during the reporting period. . IV Additional reforms to existing labor rights and protections 401. Notice of rights and protections; voter registration lists Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ), as amended by section 202(e), is further amended by adding at the end the following: (k) (1) The Board shall promulgate regulations requiring each employer to post and maintain, in conspicuous places where notices to employees and applicants for employment are customarily posted both physically and electronically, a notice setting forth the rights and protections afforded to employees under this Act, which shall include the right and process to rescind the authority of a labor organization under section 9(e), an explanation that any employee in a collective bargaining unit may be exempt from the activities of the labor organization, and that any fees collected by such labor organization may not be used for political activities, and with respect to a State or Territory in which membership in a labor organization may not be a condition of employment, an employee may opt out of any such fees, and with respect to a State or Territory in which such membership may be a condition of employment, such fees may only be used by the labor organization for collective bargaining and representational activities. (2) Whenever the Board directs an election under section 9(c) or approves an election agreement, the employer of employees in the bargaining unit shall, not later than two business days after the Board directs such election or approves such election agreement, provide a voter list to a labor organization that has petitioned to represent such employees. Such voter list shall include the names of all employees in the bargaining unit and not more than one additional form of personal contact information for the employee (such as a telephone number, an email address, or a mailing address) chosen by the employee in writing. The voter list shall be provided in a searchable electronic format generally approved by the Board unless the employer certifies that the employer does not possess the capacity to produce the list in the required form. Not later than nine months after the date of enactment of the Employee Rights Act , the Board shall promulgate regulations implementing the requirements of this paragraph. (3) It shall be an unfair labor practice for an employer to violate any requirement under this subsection. . 402. Labor organization use of personal information Section 8(b) of the National Labor Relations Act ( 29 U.S.C. 158(b) ) is amended— (1) in paragraph (6), by striking ; and and inserting a semicolon; (2) in paragraph (7), by striking 8(b). and inserting 8(b); and ; and (3) by adding at the end the following: (8) to fail to protect the personal information of an employee received for an organizing drive, to use such information for any reason other than a representation proceeding, or to use such information after the conclusion of a representation proceeding. . 403. Notices for labor organization cards declaring purpose and disclosure of dues and fees Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ), as amended by section 401, is further amended by adding at the end the following: (l) (1) Labor organization authorization cards shall be accompanied by a written notice— (A) specifying that such cards will be used to certify the labor organization as the exclusive bargaining representative of the employee; and (B) clarifying the rights of the employee and the total monthly dues and fees charged by the labor organization. (2) A card shall not be considered valid without the written notice required under paragraph (1). (3) Failure by a labor organization to comply with paragraph (1) shall constitute an unfair labor practice. . | https://www.govinfo.gov/content/pkg/BILLS-117s3889is/xml/BILLS-117s3889is.xml |
117-s-3890 | II 117th CONGRESS 2d Session S. 3890 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Peters (for himself, Mr. Daines , 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 improve intergovernmental cooperation and reduce duplicative spending, and for other purposes.
1. Short title This Act may be cited as the Improving Intergovernmental Cooperation and Reducing Duplication Act of 2022 . 2. Findings Congress finds the following: (1) It remains the policy of the United States Government to rely on the private sector enterprise system to provide services reasonably and quickly through ordinary business channels. (2) However, over the past half century, the substantial investment in unique, scalable, purposeful, and well-functioning government products and services, including those reliant on the private sector for support, has grown substantially and contributed to the successful delivery of important benefits, services, and programs to taxpayers while reducing waste, fraud, and abuse. (3) While the United States remains, as it always shall, a Federal system, when Congress makes sustained and significant investments in inherently governmental functions, Congress must seek to ensure that arbitrary restrictions are not in place that encourage other instances of waste, fraud, and abuse by allowing government agencies at all levels to create bespoke, independent systems, studies, and development projects in an independent and uncoordinated manner. (4) In respecting the leadership and ingenuity of the private sector, Congress must not allow agencies at various levels of government to operate in completely independent silos, especially when Federal benefits and programs are being administered at the State, local, territorial, and Tribal levels, which, in doing so, requires far greater taxpayer resources to be spent developing and maintaining systems, programs, projects, and other services that can be better delivered and managed cooperatively between jurisdictions. (5) State, local, territorial, and Tribal entities should have the option, without being coerced or required, to adopt and use important information, infrastructure, capabilities, and services from the Federal Government if such offerings are made to benefit taxpayers and the constituents served by those offerings. 3. Definitions In this Act: (1) Director The term Director means the Director of the Office of Management and Budget. (2) Executive agency The term executive agency has the meaning given the term in section 102 of title 31, United States Code. (3) Territorial government The term territorial government has the meaning given the term in section 5 of PROMESA ( 48 U.S.C. 2104 ). (4) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this paragraph pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). 4. Specialized or technical services Section 6505 of title 31, United States Code, is amended— (1) in subsection (a)— (A) by inserting information technology products and platforms, after documents, ; (B) by inserting or supporting after similar ; and (C) by striking the second sentence; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking State or local and inserting State, local, territorial, or Tribal ; (B) by striking paragraph (1) and inserting the following: (1) a request is made by a representative of the State, local, territorial or Tribal government; and ; and (C) in paragraph (2), by striking State or local and inserting State, local, territorial, or Tribal ; (3) by redesignating subsection (d) as subsection (f); (4) by inserting after subsection (c) the following: (d) When providing services prescribed by the President under this section to a State, local, territorial, or Tribal government, the head of an executive agency shall take all available necessary and appropriate steps to increase cooperation and reduce administrative burden between the State, local, territorial, or Tribal government requesting the service and the executive agency. ; and (5) by adding at the end the following: (g) In this section— (1) the term territorial government has the meaning given the term in section 5 of PROMESA ( 48 U.S.C. 2104 ); and (2) the term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this paragraph pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). . 5. Strategic plan (a) In general Not later than 150 days after the date of enactment of this Act, the Director, in coordination with the Director of the Office of Intergovernmental Affairs, shall publish a strategic plan to improve cooperation between and support greater harmonization, effectiveness, and the reduction of burdens and costs between the Federal Government and State, local, territorial, and Tribal governments. (b) Contents The plan required under subsection (a)— (1) shall include coordination with and input from State, local, territorial, and Tribal governments and other relevant stakeholders; (2) shall include, at a minimum, actions and activities the Federal Government shall take to strengthen and improve the delivery of Federal services, benefits, and programs administered by State and local governments, including specific actions to increase harmonization between the Federal Government and State, local, territorial, and Tribal governments through increased availability and use of specialized or technical services provided by executive agencies pursuant to section 6505 of title 31, United States Code, as amended by section 4 of this Act; and (3) may include additional elements, data, plans, and actions, and may be updated from time to time, as the Director and the Director of the Office of Intergovernmental Affairs determine necessary. 6. Office of Management and Budget guidance (a) Guidance required by the director (1) In general Not later than 90 days after the date of enactment of this Act, the Director shall issue guidance implementing section 6505 of title 31, United States Code, as amended by section 4 of this Act. (2) Contents The guidance issued under paragraph (1)— (A) may not preclude any executive agency offering specialized services pursuant to section 6505 of title 31, United States Code, as amended by section 4 of this Act, from utilizing employees or hiring employees to support the development and offering of specialized or technical services identified by the executive agency under such section 6505; (B) shall set requirements for executive agencies to routinely identify, scope, and, where approved, provide specialized or technical services to State, local, territorial, and Tribal governments; (C) shall ensure that executive agencies are not unreasonably restricted from offering specialized or technical services to State, local, territorial, and Tribal governments, especially when doing so would improve the efficiency, effectiveness, and successful delivery of Federal programs or benefits to United States citizens; and (D) shall include any other measures identified by the Director to implement section 6505 of title 31, United States Code, as amended by section 4 of this Act. (b) Rescission of current guidance by the director Upon issuance of the guidance required by subsection (a), the Director shall rescind Office of Management and Budget Circular A–97, dated August 29, 1969. 7. Report (a) In general Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Director, in coordination with the Director of the Office of Intergovernmental Affairs, shall submit to the Committee on Homeland Security and Government Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on actions and activities taken by executive agencies pursuant to section 6505 of title 31, United States Code, as amended by section 4 of this Act. (b) Contents The report required under subsection (a) shall include— (1) a detailed list of the types of specialized or technical services provided by each executive agency under section 6505 of title 31, United States Code, as amended by section 4 of this Act, including the costs of each service provided to each State, local, territorial, and Tribal government; (2) measures of State, local, territorial, and Tribal government satisfaction, including an assessment of any such measures, with the specialized or technical services provided by executive agencies under such section 6505, including any cost savings to taxpayers; (3) in coordination with State, local, territorial, and Tribal governments, recommendations for the continued improvement of cooperation between the Federal Government and State, local, territorial, and Tribal governments, including legislative recommendations where appropriate, to reduce unnecessary duplication and costs, improve service delivery, and strengthen accountability and oversight of Federal programs, services, and benefits primarily delivered by State, local, territorial, or Tribal governments; and (4) other information, assessments, and matters that the Director and the Director of the Office of Intergovernmental Affairs may determine necessary. (c) Format The report required under subsection (a) may be published in a machine readable format on a website chosen by the Director. 8. Authorities of the Administrator of General Services (a) In general Subchapter III of chapter III of subtitle I of title 40, United States Code, is amended by adding at the end the following: 324. Support for State, local, territorial, and Tribal governments (a) Definitions In this section— (1) the term local government and State have the meanings given those terms in section 6501 of title 31; (2) the term territorial government has the meaning given the term in section 5 of PROMESA ( 48 U.S.C. 2104 ); and (3) the term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this paragraph pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (b) Authority To provide services to State, local, territorial, and Tribal governments In addition to any authorities provided to the Administrator in this title or any other title of the United States Code, the Administrator may provide specialized or technical services described in section 6505 of title 31 on a reimbursable or non-reimbursable basis to a State, local, territorial, or Tribal government. (c) Use of funds The Administrator is authorized to use monies deposited into or otherwise made available to funds authorized under this chapter to provide the services described in subsection (b). (d) Use of authority The authorities provided under this section shall be in addition to any other authorities provided to the Administrator by law. . (b) Technical and conforming amendment The table of sections for title 40, United States Code, is amended by inserting after the item relating to section 323 the following: 324. Support for State, local, territorial and Tribal governments. . | https://www.govinfo.gov/content/pkg/BILLS-117s3890is/xml/BILLS-117s3890is.xml |
117-s-3891 | II 117th CONGRESS 2d Session S. 3891 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mrs. Gillibrand (for herself, Mr. Sanders , 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 amend title 39, United States Code, to provide that the United States Postal Service may provide certain basic financial services, and for other purposes.
1. Short title This Act may be cited as the Postal Banking Act . 2. Authority for the Postal Service to offer certain financial services (a) In general Section 404(a) of title 39, United States Code, is amended— (1) in paragraph (7), by striking and at the end; (2) in paragraph (8), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (9) to provide basic financial services, including— (A) low-cost, small-dollar loans, not to exceed $500 at a time, or $1,000 from 1 year of the issuance of the initial loan, as adjusted annually by the Postmaster General to reflect any change in the Consumer Price Index for All Urban Consumers of the Department of Labor; (B) small-dollar lending servicing, which shall ensure that the customer’s access to the products and the public interest is given significant consideration; and (C) small checking accounts and interest-bearing savings accounts, not to exceed the greater of— (i) $20,000 per account; and (ii) 25 percent of the median account balance reported in the Federal Deposit Insurance Corporation’s quarterly Consolidated Reports of Condition and Income; (D) transactional services, including debit cards, automated teller machines, online checking accounts, check-cashing services, automatic bill-pay, mobile banking, or other products or partnerships that allow users to engage in the financial services described in this paragraph; (E) remittance services, including the receiving and sending of money to domestic or foreign recipients; and (F) such other basic financial services as the Postal Service determines appropriate in the public interest; (10) to set interest rates and fees for the financial instruments and products provided by the Postal Service that— (A) ensures that the customer access to the products and the public interest is given significant consideration; (B) ensures that interest rates on savings accounts are at least 100 percent of the Federal Deposit Insurance Corporation’s weekly national rate on nonjumbo savings accounts; and (C) ensures that the total interest rates on small-dollar loan amounts— (i) are inclusive of interest, fees, charges, and ancillary products and services; and (ii) do not exceed 101 percent of the Treasury 1 month constant maturity rate; and (11) to provide all financial products and services in subsection (a) exclusively, ensuring that the customer’s access to the products and the public interest is given significant consideration, and not through a partnership or contract with private institutions, including insured depository institutions. . (b) No bank charter The United States Postal Service shall not be granted a bank charter, become an insured depository institution, as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ), for the purpose of capital requirements. (c) UCC The United States Postal Service shall be subject to the provisions of article 4 of the Uniform Commercial Code. (d) Regulations The Postmaster General, in consultation with the Secretary of the Treasury, the Bureau of Consumer Financial Protection, and the Federal banking agencies, shall promulgate regulations carrying out this Act and the amendments made by this Act. (e) Technical and conforming amendment (1) In general Section 404(e)(2) of title 39, United States Code, is amended by adding at the end the following: The preceding sentence shall not apply to any financial service offered by the Postal Service under subsection (a)(9). . (2) Federal Reserve Act Section 11 of the Federal Reserve Act is amended— (A) by redesignating the second subsection (s) (relating to assessments, fees, and other charges for certain companies) as subsection (t); and (B) by adding at the end the following: (u) Funding for Postal financial services The Board, in consultation with the Chairman of the Board and the Postmaster General, shall transfer to the Postmaster General such sums as may be necessary to carry out the services described in section 404(a)(9) of title 39, United States Code, which shall— (1) be sufficient to ensure that the products described in that section shall substantially decrease the number of people who do not have a bank account or use alternative financial products such as payday lending, check cashing, prepaid debt cards, and overdraft fees; and (2) be provided to the Postmaster General through an account separate from products not included or allowed under section 404 of that title. . (f) Rule of construction The services offered by the United States Postal Service under section 404 of title 39, United States Code— (1) shall be considered permissible non-banking activities in accordance with section 225.28 of title 12, Code of Federal Regulations; and (2) shall not be considered the business of banking under the seventh paragraph of section 5136 of the Revised Statutes ( 12 U.S.C. 24 ). (g) GAO report The Comptroller General of the United States shall submit to Congress an annual report that includes the demographics, number of participants, and average balances and uses for all products described in paragraphs (9) and (10) of section 404(a) of title 39, United States Code, as added by subsection (a) of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3891is/xml/BILLS-117s3891is.xml |
117-s-3892 | II 117th CONGRESS 2d Session S. 3892 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Thune (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food Security Act of 1985 to improve the conservation reserve program, and for other purposes.
1. Short title This Act may be cited as the Conservation Reserve Program Improvement Act of 2022 . 2. Conservation reserve program improvements (a) State acres for wildlife enhancement continuous enrollment Section 1231(d)(6)(A)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3831(d)(6)(A)(i) ) is amended— (1) in subclause (II), by striking and at the end; and (2) by adding at the end the following: (IV) land that will be enrolled under the State acres for wildlife enhancement practice established by the Secretary; and . (b) Cost sharing payments for establishment of grazing infrastructure (1) In general Section 1234(b)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(1) ) is amended— (A) by striking establishing water and inserting the following: “establishing— (A) water ; (B) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (B) grazing infrastructure, including interior cross fencing, perimeter fencing, and water infrastructure (such as rural water connections, water wells, pipelines, and water tanks), under each contract, for all practices, if grazing is included in the conservation plan and addresses a resource concern. . (2) Reenrollment of land with grazing infrastructure Section 1231(h) of the Food Security Act of 1985 ( 16 U.S.C. 3831(h) ) is amended by adding at the end the following: (3) Land with grazing infrastructure On the expiration of a contract entered into under this subchapter that covers land that includes grazing infrastructure established with cost sharing assistance under section 1234(b)(1)(B)— (A) the Secretary shall consider that land to be planted for purposes of subsection (b)(1)(B); and (B) that land shall be eligible for reenrollment in the conservation reserve, subject to the requirements of this subchapter. . (c) Mid-Contract management for activities not relating to haying or grazing (1) Definition of management Section 1232(a)(5) of the Food Security Act of 1985 ( 16 U.S.C. 3832(a)(5) ) is amended by inserting (as defined in section 1231A(a)) after management . (2) Management payments Section 1234(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(2) ) is amended by striking subparagraph (B) and inserting the following: (B) Management payments The Secretary shall make cost sharing payments to an owner or operator under this subchapter for any management activity described in section 1232(a)(5), except for those management activities relating to haying or grazing. . (d) Payment limitation for rental payments Section 1234(g)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3834(g)(1) ) is amended by striking $50,000 and inserting $125,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s3892is/xml/BILLS-117s3892is.xml |
117-s-3893 | II 117th CONGRESS 2d Session S. 3893 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Wyden (for himself, Mr. Heinrich , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To collect information regarding water access needs across the United States, to provide grants for decentralized drinking water systems, and for other purposes.
1. Short title This Act may be cited as the Water, Sanitation, and Hygiene Sector Development Act of 2022 or the WASH Sector Development Act of 2022 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Indian Tribe The term Indian Tribe means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (3) State The term State means— (A) each of the 50 States; (B) the District of Columbia; and (C) any territory of the United States. (4) Tribal government The term Tribal government means the recognized governing body of an Indian Tribe. 3. Water and Sanitation Needs Working Group (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a working group, to be known as the Water and Sanitation Needs Working Group (referred to in this section as the Working Group )— (1) to work with a Federal agency or independently to carry out a survey that will measure, as accurately as possible, the number and approximate geographic distribution of households in the United States that do not have access to drinking water infrastructure or a means for the safe collection and disposal of wastewater; and (2) on the basis of the results of the survey carried out under paragraph (1), to prepare a report for Congress that estimates the cost of capital improvements that would be needed to ensure that all households in the United States have access to reliable drinking water and adequate sanitation, subject to the conditions that— (A) to the extent practicable, the cost estimate prepared under this paragraph shall take into consideration the cost of project proposals that may be submitted by individuals, the research community, nonprofit organizations with experience in the water and sanitation sectors, and Federal, State, local, or Tribal government agencies consistent with guidance provided by the Working Group; and (B) the Working Group will not be required to collect or report personally identifiable information, but can maintain information with respect to drinking water and sanitation needs based on ZIP Code or another appropriate geographic breakdown. (b) Chairperson; membership (1) Chairperson The Administrator shall serve as the chairperson of the Working Group. (2) Membership In addition to the Administrator, the Working Group shall comprise senior representatives from such Federal agencies as the Administrator determines to be appropriate, including— (A) the Department of the Interior, including the Bureau of Indian Affairs; (B) the Department of Agriculture; (C) the Census Bureau; (D) the Department of Health and Human Services, including the Indian Health Service; and (E) the Department of Housing and Urban Development. (c) Duties The Working Group shall— (1) leverage the expertise of industry, the research community, nongovernmental organizations, and utilities, including through the incorporation of information that could be collected by utilities, circuit riders, and technical assistance providers; (2) consult, on a regular basis, with States, units of local government, Indian tribes, and relevant Federal agencies not included in the membership of the Working Group; and (3) in carrying out subsection (a)— (A) seek to determine whether the decennial census or another existing survey of the Federal Government presents an efficient opportunity for collecting the information described in paragraph (1) of that subsection; (B) seek to coordinate Federal programs and policies to support the collection and use of the information described in that subsection; (C) develop a methodology for creating the cost estimate required under paragraph (2) of that subsection; and (D) oversee the collection of— (i) the information described in paragraph (1) of that subsection; and (ii) the information necessary to create the cost estimate required under paragraph (2) of that subsection. (d) Report on water and sanitation needs Not less frequently than once every 2 years, the Administrator shall submit to Congress a report that describes the activities and findings of the Working Group, including— (1) an explanation of the methodology used by the Working Group to determine drinking water and sanitation needs; (2) an estimate of the amount of funds necessary to provide all households with access to reliable drinking water and adequate sanitation; and (3) a breakdown by State and, if possible, congressional district of— (A) drinking water and sanitation needs; and (B) the amount of funding required to address those needs. (e) Authorization of appropriations There are authorized to be appropriated to the Administrator and other necessary Federal agencies to collect the information and prepare the reports required under this section— (1) for each of fiscal years 2023 through 2027, $10,000,000; and (2) for fiscal year 2028 and each fiscal year thereafter, such sums as may be necessary. 4. Grants for construction and refurbishment of individual household or community decentralized drinking water systems for individuals with low or moderate income Part E of the Safe Drinking Water Act ( 42 U.S.C. 300j et seq. ) is amended by adding at the end the following: 1459H. Grants for construction and refurbishment of individual household or community decentralized drinking water systems for individuals with low or moderate income (a) Definitions In this section: (1) Eligible individual The term eligible individual means a member of a low-income or moderate-income household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 80 percent of the median nonmetropolitan household income for the State, Indian land, or territory in which the household is located, according to the most recent information collected by the Census Bureau. (2) Indian land The term Indian land includes— (A) Indian country (as defined in section 1151 of title 18, United States Code); (B) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), by an Indian tribe that is a Native village (as defined in section 3 of that Act ( 43 U.S.C. 1602 )) or by a Village Corporation (as defined in section 3 of that Act ( 43 U.S.C. 1602 )) that is associated with an Indian tribe; (C) any land on which the seat of a Tribal government (as defined in section 2 of the WASH Sector Development Act of 2022 ) is located; and (D) any land that is part of a Tribal designated statistical area associated with an Indian tribe, or an Alaska Native village statistical area associated with an Indian tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (b) Grant program (1) In general Subject to the availability of appropriations, the Administrator shall establish a program under which the Administrator shall provide grants to private nonprofit organizations for the purpose of improving general welfare by providing assistance to eligible individuals— (A) for the construction, repair, or replacement of an individual household decentralized drinking water system; (B) for the installation of a larger decentralized drinking water system that is designed to provide treatment or drinking water for 2 or more households in which eligible individuals reside, if— (i) site conditions at the households are unsuitable for the installation of an individually owned decentralized drinking water system; (ii) multiple examples of unsuitable site conditions exist in close geographic proximity to each other; and (iii) a larger decentralized drinking water system could be cost-effectively installed; or (C) for the creation and support of an on-site maintenance entity or user association with the ability to collect fees to provide for the ongoing operation, maintenance, and replacement of an installed decentralized drinking water system. (2) Application To be eligible to receive a grant under this subsection, a private nonprofit organization shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator determines to be appropriate. (3) Priority In awarding grants under this subsection, the Administrator shall give priority to applicants that— (A) have demonstrated expertise in working with local communities to implement infrastructure projects, such as experience promoting the safe and effective use of household decentralized drinking water systems; (B) propose to serve individuals or communities lacking— (i) a safe drinking water system; and (ii) a feasible connection to a reliable public water system; and (C) demonstrate that the decentralized drinking water infrastructure to be constructed, repaired, or replaced using amounts from a grant under this subsection will be operated, maintained, and replaced by the individuals or communities that will use the infrastructure, which may be demonstrated through— (i) a study demonstrating the ability of the individual or community to pay for that operation, maintenance, and replacement; or (ii) the creation of an on-site maintenance entity or user association with the ability to collect fees to provide for ongoing operation, maintenance, and replacement. (4) Administrative expenses A private nonprofit organization may use amounts provided under this subsection to pay the administrative expenses associated with the provision of the services described in paragraph (1), as the Administrator determines to be appropriate. (c) Grants (1) In general Subject to paragraph (2), a private nonprofit organization shall use a grant provided under subsection (b) for the services described in paragraph (1) of that subsection. (2) Application To be eligible to receive the services described in subsection (b)(1), an eligible individual shall submit to the private nonprofit organization serving the area in which the individual or community household decentralized drinking water system of the eligible individuals is, or is proposed to be, located an application at such time, in such manner, and containing such information as the private nonprofit organization determines to be appropriate. (3) Priority In awarding grants under this subsection, a private nonprofit organization shall give priority to any eligible individual who does not have— (A) access to a drinking water system; and (B) a feasible connection to a reliable public water system. (d) Report Not later than 2 years after the date of enactment of this section, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the recipients of grants under the program under this section and the results of the program under this section. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator to carry out this section $50,000,000 for each of fiscal years 2023 through 2027. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. (3) Indian land Of the amounts made available under paragraph (1), the Administrator shall use not less than 5 percent to make grants to private nonprofit organizations that serve eligible individuals that reside on Indian land. . | https://www.govinfo.gov/content/pkg/BILLS-117s3893is/xml/BILLS-117s3893is.xml |
117-s-3894 | II 117th CONGRESS 2d Session S. 3894 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Cornyn (for himself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to establish a continuous diagnostics and mitigation program in the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, and for other purposes.
1. Short title This Act may be cited as the Advancing Cybersecurity Through Continuous Diagnostics and Mitigation Act . 2. Establishment of Federal intrusion detection and prevention system and continuous diagnostics and mitigation program in the Cybersecurity and Infrastructure Security Agency (a) In general Section 2213 of the Homeland Security Act of 2002 ( 6 U.S.C. 663 ) is amended by adding at the end the following: (g) Continuous diagnostics and mitigation (1) Program (A) In general The Secretary, acting through the Director, shall, with or without reimbursement, deploy, operate, and maintain a continuous diagnostics and mitigation program for agencies under which the Secretary shall— (i) assist agencies to continuously diagnose and mitigate cyber threats and vulnerabilities; (ii) develop and provide the capability to collect, analyze, and visualize information relating to security data and cybersecurity risks at agencies; (iii) employ shared services, collective purchasing, blanket purchase agreements, and any other economic or procurement models the Secretary determines appropriate to maximize the costs savings associated with implementing the program; (iv) assist agencies in setting information security priorities and assessing and managing cybersecurity risks; (v) develop policies and procedures for reporting systemic cybersecurity risks and potential incidents based upon data collected under the program; and (vi) promote the adoption of a zero trust security model in improving agency cybersecurity readiness. (B) Regular improvement The Secretary shall regularly— (i) deploy new technologies and modify existing technologies to the continuous diagnostics and mitigation program required under subparagraph (A), as appropriate, to improve the program; and (ii) update the technical requirements documentation of the continuous diagnostics and mitigation program required under subparagraph (A) to account for emerging technology capabilities such as cloud computing and comprehensive cloud security controls. (2) Agency responsibilities Notwithstanding any other provision of law, each agency that uses the continuous diagnostics and mitigation program under paragraph (1) shall, continuously and in real time, provide to and allow access for the Secretary to collect all information, assessments, analyses, and raw data collected by the program, in a manner specified by the Secretary. (3) Responsibilities of the Secretary In carrying out the continuous diagnostics and mitigation program under paragraph (1), the Secretary, acting through the Director, shall— (A) share with agencies relevant analysis and products developed under the program; (B) provide regular reports on cybersecurity risks to agencies; (C) provide comparative assessments of cybersecurity risks for agencies; (D) oversee the integration of continuous diagnostics and mitigation products and services into agency systems; (E) establish performance requirements for product integrators; (F) at the request of an agency, provide technical assistance in selecting, procuring, and integrating continuous diagnostics and mitigation products and services; (G) not less than once each fiscal year, submit to the appropriate committees of Congress a report that includes— (i) the progress made by each agency to meet continuous diagnostics and mitigation benchmarks from the beginning of the implementation through the date of the report; and (ii) a summary of the efforts of each agency to account for emerging technology capabilities; and (H) take steps to ensure that the security data collected through the program is aggregated with other Government-wide cybersecurity programs to better automate defensive capabilities. . (b) Continuous diagnostics and mitigation strategy (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop a comprehensive continuous diagnostics and mitigation strategy to carry out the continuous diagnostics and mitigation program required under subsection (g) of section 2213 of the Homeland Security Act of 2002 ( 6 U.S.C. 663 ), as added by subsection (a). (2) Scope The strategy required under paragraph (1) shall include the following: (A) A description of the coordination and funding required to deploy, install, and maintain the tools, capabilities, and services that the Secretary of Homeland Security determines to be necessary to satisfy the requirements of such program. (B) A description of any obstacles facing the deployment, installation, and maintenance of tools, capabilities, and services under such program. (C) Guidelines to help maintain and continuously upgrade tools, capabilities, and services provided under such program. (D) A plan for using the data collected by such program for creating a common framework for data analytics, visualization of enterprise-wide risks, and real-time reporting, and comparative assessments for cybersecurity risks. (E) Recommendations for using the data to enable the Cybersecurity and Infrastructure Security Agency to engage in cyber hunt and detection and response activities. (F) Recommendations for future efforts and activities, including for the rollout of new and emerging tools, capabilities and services, proposed timelines for delivery, and whether to continue the use of phased rollout plans, related to securing networks, devices, data, and information and operational technology assets through the use of such program. (G) Recommendations for improving the integration process of continuous diagnostics and mitigation products and capabilities within agency systems. (3) Form The strategy required under paragraph (1) shall be submitted in an unclassified form, but may contain a classified annex. 3. Federal intrusion detection and prevention system and continuous diagnostics and mitigation pilot program for State, local, Tribal, and territorial governments (a) Definitions In this section— (1) the terms local government and State have the meanings given those terms in section 3 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ); (2) the term Secretary means the Secretary of Homeland Security; and (3) the term Tribal government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (b) Establishment The Secretary shall conduct a Continuous Diagnostics and Mitigation Pilot Program with not less than 5 State, local, Tribal, or territorial governments to— (1) promote the use of technologies and services in the continuous diagnostics and mitigation program described in subsection (g) of section 2213 of the Homeland Security Act of 2002 ( 6 U.S.C. 663 ), as added by section 2 of this Act, at the State, local, Tribal, and territorial government level; (2) with or without reimbursement, make accessing the technologies and services described in paragraph (1) by State, local, Tribal, and territorial governments as affordable and simple as possible; (3) promote the adoption of a zero trust security model in improving cybersecurity readiness at the State, local, Tribal, and territorial government level; and (4) provide technical assistance in integrating continuous diagnostics and mitigation technologies and products into State, local, Tribal, and territorial government systems. (c) Considerations In selecting a State, local, or Tribal government for participation in the pilot program established under subsection (b), the Secretary shall consider— (1) the extent to which the State, local, Tribal, or territorial government aligns its cybersecurity policies with the Center for Internet Security Critical Security Controls, the National Institute of Standards and Technology Cybersecurity Framework, or other widely accepted cybersecurity frameworks; and (2) the capability of the State, local, Tribal, or territorial government to deploy and maintain over time continuous diagnostics and mitigation products and services. (d) Program requirements The pilot program established under this section— (1) may not require participants to utilize certain strategies or tools, and shall allow participants to select and integrate tools for meeting the objectives of the pilot program; and (2) shall include comprehensive training curriculum and integration assistance to close the technical expertise gap between employees of State, local, Tribal, and territorial governments and employees of the Cybersecurity and Infrastructure Security Agency. (e) Report Not later than 180 days after the date on which the pilot program terminates under this section, the Secretary shall submit to Congress a report that includes— (1) an assessment of the replicability and the costs and benefits of conducting a permanent State, local, Tribal, and territorial government continuous diagnostics and mitigation program as described in subsection (g) of section 2213 of the Homeland Security Act of 2002 ( 6 U.S.C. 663 ), as added by section 2 of this Act; (2) the extent to which State, local, Tribal, and territorial governments in the pilot program adhere to widely accepted cybersecurity standards and frameworks and the impact that those policies have on potential widespread sub-Federal continuous diagnostics and mitigation integration; and (3) an assessment of the cybersecurity readiness of participants in the pilot program established under this section prior to participation in the pilot program as compared to after completion of the pilot program. (f) Termination The authority to conduct the pilot program under subsections (a) through (d) shall terminate on the date that is 3 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3894is/xml/BILLS-117s3894is.xml |
117-s-3895 | II 117th CONGRESS 2d Session S. 3895 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Rubio (for himself, Mr. Menendez , Mr. Risch , Mr. Durbin , Mr. Lankford , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To extend and authorize annual appropriations for the United States Commission on International Religious Freedom through fiscal year 2024.
1. Short title This Act may be cited as the United States Commission on International Religious Freedom Reauthorization Act of 2022 . 2. United States Commission on International Religious Freedom (a) Authorization of appropriations Section 205(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6435(a) ) is amended by striking 2019 through 2022 and inserting 2023 and 2024 . (b) Extension of authorization Section 209 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6436 ) is amended by striking September 30, 2022 and inserting September 30, 2024 . | https://www.govinfo.gov/content/pkg/BILLS-117s3895is/xml/BILLS-117s3895is.xml |
117-s-3896 | II 117th CONGRESS 2d Session S. 3896 IN THE SENATE OF THE UNITED STATES March 22, 2022 Ms. Ernst (for herself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act relating to small business concerns owned and controlled by women, and for other purposes.
1. Short title This Act may be cited as the Empowering Women in Small Business Act . 2. Treatment of funding by small business investment companies Section 8 of the Small Business Act ( 15 U.S.C. 637 ) is amended— (1) in subsection (a)(21)(E), by inserting , and except as provided under subsection (m)(9), after law, ; and (2) in subsection (m), by adding at the end the following: (9) Treatment of funding by small business investment companies (A) Definition In this paragraph, the term covered small business concern means a small business concern— (i) (I) owned and controlled by women; or (II) owned and controlled by women described in paragraph (2)(A) and certified under paragraph (2)(E); and (ii) that receives funding from a small business investment company licensed under title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. ). (B) Retained certification Any covered small business concern shall retain certification as a covered small business concern under this subsection for a period of not more than 7 years if, during that period, ownership interests in the covered small business concern that are held by a small business investment company licensed under title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. ) would reduce the percentage required under section 3(n) or paragraph (2)(A) of this subsection, as applicable, to less than 51 percent. . 3. Required training and reporting on Governmentwide goals Section 15(g)(2) of the Small Business Act ( 15 U.S.C. 644(g)(2) ) is amended by adding at the end the following: (G) Required training (i) In general Notwithstanding the goals established under this subsection for each Federal agency, the Administration, in consultation with the National Women's Business Council established under section 405 of the Women’s Business Ownership Act of 1988 ( 15 U.S.C. 7105 ), shall provide training to employees with responsibility for procurement or acquisition at any Federal agency that awards less than 5 percent of prime contracts and subcontracts to small business concerns owned and controlled by women in a fiscal year. (ii) Guidance The Administration shall issue publicly available guidance for each Federal agency identified in a report submitted under clause (iii) to meet the 5 percent goal described in clause (iii)(I). (iii) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administration shall submit to Congress— (I) a list of each Federal agency that awarded less than 5 percent of the prime contracts and subcontracts of the Federal agency to small business concerns owned and controlled by women in the fiscal year covered by the report; (II) the number of training sessions provided under clause (i) to each Federal agency described in subclause (I); (III) an overview of the content of each training session described in subclause (II); and (IV) the result of each training session described in subclause (II), including whether additional contracting opportunities were provided to small business concerns owned and controlled by women and the 5 percent threshold described in clause (i) was met by the Federal agency. . 4. Interagency report (a) Definition In this section— (1) the term covered agency means— (A) the Department of Commerce; (B) the Small Business Administration; (C) the Department of Agriculture; and (D) the Department of the Treasury; (2) the term covered small business concern means— (A) a small business concern owned and controlled by women; and (B) a small business concern owned and controlled by women described in and certified under subparagraphs (A) and (E), respectively, of section 8(m)(2) of the Small Business Act ( 15 U.S.C. 638(m)(2) ); and (3) the term small business concern owned and controlled by women has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Administrator of the Small Business Administration, the Secretary of Agriculture, and the Secretary of the Treasury, shall submit to Congress an interagency report that— (1) identifies the leading economic barriers for small business concerns owned and controlled by women, particularly for industries underrepresented by small business concerns owned and controlled by women; (2) includes a detailed description of the impact of inflation and supply chain disruptions on small business concerns owned and controlled by women during the 3-year period preceding the report; (3) makes recommendations to improve access to capital for small business concerns owned and controlled by women; and (4) in consultation with the Office of Small Business and Disadvantaged Business Utilization of each covered agency, identifies Federal contract opportunities for covered small business concerns. | https://www.govinfo.gov/content/pkg/BILLS-117s3896is/xml/BILLS-117s3896is.xml |
117-s-3897 | II 117th CONGRESS 2d Session S. 3897 IN THE SENATE OF THE UNITED STATES March 22, 2022 Ms. Hassan (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes.
1. Short title This Act may be cited as the Legacy IT Reduction Act of 2022 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of General Services. (2) Agency The term agency means an agency described in paragraph (1) or (2) of section 901(b) of title 31, United States Code. (3) Chief information officer The term Chief Information Officer means a Chief Information Officer designated under section 3506(a)(2) of title 44, United States Code. (4) Comptroller general The term Comptroller General means the Comptroller General of the United States. (5) Congressional oversight committee The term congressional oversight committee means, with respect to a particular agency, a committee or subcommittee of the Senate and the House of Representatives that provide oversight of the agency. (6) Director The term Director means the Director of the Office of Management and Budget. (7) Information technology The term information technology has the meaning given the term in section 11101 of title 40, United States Code. (8) IT working capital fund; legacy information technology system The terms IT working capital fund and legacy information technology system have the meaning given the terms in section 1076 of the National Defense Authorization Act for Fiscal Year 2018 ( 40 U.S.C. 11301 note; Public Law (115–91)). (9) National security system The term national security system has the meaning given the term in section 11103 of title 40, United States Code. (10) Technology Modernization Fund The term Technology Modernization Fund means the fund established under section 1078(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 ( 40 U.S.C. 11301 note; Public Law 115–91 ). 3. Legacy information technology system inventory (a) Inventory of legacy information technology systems (1) In general Not later than 1 year after the date of enactment of this Act, and not later than 5 years thereafter, the Chief Information Officer of each agency shall compile an inventory that lists each legacy information technology system used, operated, or maintained by the agency. (2) Contents The Director shall issue guidance prescribing the information that the Chief Information Officer of each agency shall include for each legacy technology information system listed in the inventory required under paragraph (1). In issuing such guidance, the Director shall consider including for each legacy technology information system listed in the inventory— (A) the name or an identification of the legacy information technology system; (B) the office or mission of the agency that the legacy information technology system supports and how the office or mission uses the legacy information technology system; (C) to the extent that information is available— (i) the date of the last update or refresh of the legacy information technology system; (ii) the price, including recurring subscription costs and any costs to contract labor to operate or maintain the legacy information technology system; and (iii) the name and contact information of the vendor; and (D) the date of the next expected update or modernization, retirement, or disposal of the legacy information technology system. (b) Transparency and accountability (1) In general Upon request by a House of Congress, a congressional oversight committee of an agency, the Comptroller General of the United States, or an inspector general of an agency, the head of the agency shall make available the inventory compiled under subsection (a)(1) or the relevant portion of that inventory. (2) Reporting The Director may require an agency to include the inventory compiled under subsection (a)(1) in a reporting structure determined by the Director. 4. Agency legacy information technology systems modernization plans (a) In general Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the head of an agency shall develop and include as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, a plan to modernize the legacy information technology systems of the agency. (b) Contents A modernization plan of an agency developed under subsection (a) shall include— (1) an inventory of the legacy information technology systems of the agency; (2) an identification of legacy information technology systems that the agency has prioritized for updates, modernization, retirement, or disposal; (3) steps the agency intends to make toward updating, modernizing, retiring, or disposing of the legacy information technology systems of the agency during the 5-year period beginning on the date of submission of the plan; and (4) any additional information that the Director determines necessary or useful for the agency to consider or include to effectively and efficiently execute the modernization plan, which may include— (A) the capacity of the agency to operate and maintain an updated or modernized legacy information technology system; (B) the cost and sources of funding required to execute the modernization plan; (C) any security standards that an updated or modernized legacy information technology system must meet; (D) any technology procurement principles by which the agency should abide; (E) the degree to which updating or modernizing a legacy information technology system is anticipated to gain operational efficiencies, address technology constraints, meet customer experience expectation, and support adoption of and integration with other systems based on comparable up-to-date technology platforms; (F) the ability of the agency to transfer and use data or intelligence held in an agency legacy information technology system to include such data or intelligence in the updated or modernized system, as necessary; and (G) the ability of the agency to adapt an updated or modernized legacy information technology system to changes in policy, technology, or other user needs, as necessary. (c) Publication and submission to Congress Not later than 30 days after the date on which the head of an agency submits the modernization plan developed under subsection (a) as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, the head of the agency shall submit the modernization plan to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and each congressional oversight committee of the agency. 5. Role of the Office of Management and Budget Not later than 180 days after the date of enactment of this Act, the Director, in coordination with the Administrator of the Office of Electronic Government, shall issue guidance on the implementation of this Act and the amendments made by this Act, which shall include— (1) criteria to determine whether information technology qualifies as a legacy information technology system for the purposes of compiling the inventory required under section 3(a)(1); (2) instructions and templates to inform the compilation of the inventory required under section 3(a)(1), as necessary; (3) instructions and templates to inform the compilation and publication of, and any subsequent updates to, the modernization plans required under section 4(a), as necessary; and (4) any other guidance determined necessary for the implementation of this Act or the amendments made by this Act, including how the implementation of this Act or those amendments complements laws, regulations, and guidance relating to information technology modernization. 6. Computers for learning program (a) In general The head of each agency may make available for transfer under subsection (j) of section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710 ), as added by subsection (b) of this section, any educationally useful Federal equipment (as defined in such subsection) that the agency no longer uses. (b) Computers for learning program Section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710 ) is amended by adding at the end the following: (j) Computers for learning program (1) Definitions In this subsection: (A) Administrator The term Administrator means the Administrator of General Services. (B) Community-based educational organization The term community-based educational organization means a nonprofit entity— (i) that is engaged in collaborative projects with schools; or (ii) the primary focus of which is education. (C) Educationally useful Federal equipment The term educationally useful Federal equipment means— (i) a computer or related peripheral tool that is appropriate for use in prekindergarten, elementary, middle, or secondary school education; and (ii) includes— (I) a printer, modem, router, server, switch, wireless access point, and network management device; (II) telecommunications and research equipment; and (III) computer software if the transfer of the license of the software is permitted. (D) Eligible entity The term eligible entity means— (i) a school; or (ii) a community-based educational organization. (E) Federal Executive Board The term Federal Executive Board means a Federal Executive Board established by the President under section 960.102 of title 5, Code of Federal Regulations or any successor regulation. (F) Nonprofit entity The term nonprofit entity means an organization described under section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (G) Nonprofit reuse or recycling program The term nonprofit reuse or recycling program a means nonprofit entity that has the ability to upgrade computer equipment at no or low cost for an eligible entity that takes title to the equipment under this subsection. (H) Research equipment The term research equipment means property determined to be essential to conduct scientific or technical research. (I) School The term school — (i) means an individual public or private educational institution for any grade level between prekindergarten and twelfth grade; and (ii) includes public school districts. (2) Findings Congress finds that— (A) educationally useful Federal equipment is a vital resource of the United States; and (B) educationally useful Federal equipment is a valuable tool for computer education if— (i) the equipment can be used as is; or (ii) professional technicians, students, or recycling efforts can separate the equipment into parts for other computers or upgrade the equipment. (3) Requirement To the greatest extent practicable, each Federal agency shall protect and safeguard educationally useful Federal equipment of the Federal agency, particularly when that equipment is declared excess or surplus, so that the equipment may be recycled and transferred, if appropriate, to eligible entities under this subsection. (4) Efficient transfer of educationally useful Federal equipment to schools and nonprofit organizations (A) Transfer Each Federal agency shall, where appropriate, identify educationally useful Federal equipment that the Federal agency no longer needs and transfer the educationally useful equipment to eligible entities by— (i) conveying excess educationally useful Federal equipment directly to an eligible entity pursuant to subsection (i); or (ii) in accordance with subparagraph (B), reporting excess educationally useful Federal equipment to the Administrator for donation to eligible entities when declared surplus, as described in section 549(b)(2)(A)(ii) of title 40, United States Code. (B) Advance reporting In reporting excess educationally useful Federal equipment under subparagraph (A)(ii), a Federal agency shall report the equipment as far as possible in advance of the date the equipment becomes excess, so that the Administrator may attempt to arrange direct transfers from the donating Federal agency to eligible entities under this subsection. (C) Requirements In conveying educationally useful Federal equipment under subparagraph (A)(i)— (i) title of the equipment shall transfer directly from the Federal agency to an eligible entity; (ii) the Federal agency shall report the conveyance to the Administrator; and (iii) at the direction of the recipient of the equipment, and if appropriate, the equipment may be initially conveyed to a nonprofit reuse or recycling program for upgrade. (D) Transfer by nonprofit reuse or recycling program A nonprofit reuse or recycling program to which educationally useful Federal equipment is conveyed for the purpose of upgrading for an eligible entity under subparagraph (C)(iii) shall transfer the equipment to the eligible entity upon the completion of the upgrade. (E) Responsibility for cost Any costs relating to a transfer of educationally useful Federal equipment under this subsection shall be the responsibility of the eligible entity that receives the transfer. (F) Outreach The Administrator, in coordination with the Secretary of Education, shall perform outreach to eligible entities about the availability of transfers under this subsection by all practicable means, including through television or print media, community announcements, and the internet. (G) Federal Executive Boards Each Federal Executive Board shall help facilitate the transfer of educationally useful Federal equipment from Federal agencies under this subsection to eligible entities. (5) Guidance, regulations, and assistance to chief information officers The Administrator— (A) may issue guidance or regulations to facilitate the implementation of this subsection; and (B) shall provide assistance to the chief information officers of Federal agencies to enhance the participation of Federal agencies in transfers under this subsection. (6) Rule of construction Nothing in this subsection shall be construed to prohibit a recipient of educationally useful Federal equipment from lending that equipment, whether on a permanent or temporary basis, to a teacher, administrator, student, employee, or other designated individual in furtherance of educational goals. (7) Judicial review Nothing in this subsection shall be construed to create any substantive or procedural right or benefit enforceable by law by a party against the United States, its agencies, its officers, or its employees. . 7. Comptroller General review (a) In general Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on— (1) the implementation of this Act and the amendments made by this Act; and (2) how this Act and the amendments made by this Act function alongside other information technology modernization offices, policies, and programs, such as— (A) the Technology Modernization Fund and the IT working capital fund; (B) the Federal Risk and Authorization Management Program, the 18F program, and the 10X program of the General Services Administration; (C) programs and policies of the Office of Management and Budget, including the Office of Electronic Government and the United States Digital Service; and (D) any other office, policy, or program of the Federal Government determined relevant by the Comptroller General. 8. Protection of sensitive information; exemption of national security systems (a) In general Nothing in this Act or the amendments made by this Act shall be construed to require the head of an agency to disclose sensitive information that— (1) is protected from disclosure under any other law; or (2) that would compromise the security of any information technology system of the Federal Government. (b) Exemption Nothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system. | https://www.govinfo.gov/content/pkg/BILLS-117s3897is/xml/BILLS-117s3897is.xml |
117-s-3898 | II 117th CONGRESS 2d Session S. 3898 IN THE SENATE OF THE UNITED STATES March 22, 2022 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize the National Science Foundation to support research on the impact of online social media platforms on the maintenance or expansion of human trafficking, and for other purposes.
1. Short title This Act may be cited as the Human Trafficking Online Research Act . 2. NSF support of research on impacts of social media on human trafficking (a) Definitions In this section: (1) Human trafficking The term human trafficking means an act or practice described in paragraph (11) or paragraph (12) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (2) Social media platform The term social media platform means a website or internet medium that— (A) permits a person to become a registered user, establish an account, or create a profile for the purpose of allowing users to create, share, and view user-generated content through such an account or profile; (B) enables 1 or more users to generate content that can be viewed by other users of the medium; and (C) primarily serves as a medium for users to interact with content generated by other users of the medium. (3) Commercial sex act The term commercial sex act means any sex act on account of which anything of value, including money, drugs, shelter, food, or clothing, is given to or received by any person. (b) Support of research The Director of the National Science Foundation, in consultation with the heads of other relevant Federal agencies, shall support merit-reviewed and competitively awarded research on the impact of online social media platforms on the maintenance or expansion of human trafficking, which may include— (1) fundamental research on digital forensic tools or other technologies for verifying the authenticity of social media platform users and their materials, that are utilized in the promotion or operation of human trafficking networks; (2) fundamental research on privacy preserving technical tools that may aid law enforcement’s ability to identify and prosecute individuals or entities promoting or involved in human trafficking; (3) social and behavioral research related to social media platform users who engage with those promoting or involved in human trafficking; (4) research on the effectiveness of expanding public understanding, awareness, or law enforcement efforts in combating human trafficking through social media platforms; and (5) research awards coordinated with other Federal agencies and programs, including the Information Integrity Research and Development Interagency Working Group and the Privacy Research and Development Interagency Working Group of the Networking and Information Technology Research and Development Program, the Office for Victims of Crime of the Department of Justice, the Blue Campaign of the Department of Homeland Security, the Office to Monitor and Combat Trafficking in Persons of the Department of State, and activities of the Department of Transportation and the Advisory Committee on Human Trafficking. (c) Reports (1) Findings and recommendations Not later than 1 year after the date of enactment of this Act, the Director of the National Science Foundation shall report to the Committee on Commerce, Science, and Transportation of the Senate, the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the House of Representatives— (A) the Director's findings with respect to the feasibility for research opportunities, including with the private sector social media platform companies, to improve the ability to combat human trafficking operations; and (B) any recommendations of the Director that could facilitate and improve communication and coordination among the private sector, the National Science Foundation, and relevant Federal agencies to improve the ability to combat human trafficking operations through social media. (2) Results of research Not later than 4 years after the date of enactment of this Act, the Director of the National Science Foundation shall report to the Committee on Commerce, Science, and Transportation of the Senate, the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the House of Representatives on the results of the research supported under this section. (d) Rule of construction Nothing in this section shall be construed to affect materials and actions associated with legal commercial sex acts. | https://www.govinfo.gov/content/pkg/BILLS-117s3898is/xml/BILLS-117s3898is.xml |
117-s-3899 | II 117th CONGRESS 2d Session S. 3899 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Scott of South Carolina (for himself, Mr. Burr , Ms. Murkowski , Ms. Collins , Mr. Sullivan , Mr. Sasse , Mr. Grassley , Mr. Young , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Child Care and Development Block Grant Act of 1990 to reauthorize and update the Act, and for other purposes.
1. Short title This Act may be cited as the Child Care and Development Block Grant Reauthorization Act of 2022 . 2. Purposes (a) Redesignation Section 658A of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 ) is redesignated as section 658 of such Act. (b) Amendment Subsection (b) of that section 658 is amended to read as follows: (b) Purposes The purposes of this subchapter are— (1) to allow each State maximum flexibility in developing a mixed delivery system to provide child care that best suits the needs of children and working parents within that State; (2) to promote parental choice to empower working parents to make their own decisions regarding the child care services that best suit their family’s needs; (3) to encourage States to provide consumer education information to help parents make informed choices about child care services and to promote involvement by parents and family members in the development of their children in child care settings; (4) to assist States in delivering high-quality, coordinated child care services to maximize parents' options to cover the full workday and full work year, to support continuity of care for children, and to support parents trying to achieve independence from public assistance; (5) to assist States in improving the overall quality of child care by implementing the health, safety, licensing, early learning and development, professional, and oversight standards established in this subchapter and in State law (including State regulations); (6) to assist States— (A) in supporting the education and professional development of child care staff; and (B) in supporting child care providers in the recruitment of, professional development for, and retention of a qualified child care workforce; and (7) to increase the number and percentage of low-income children in high-quality child care settings. . (c) Rule of construction The term child care as used in this subchapter includes preschool, prekindergarten, and early childhood education for children birth to 5 and before school, after school, and summer care for school-age children. 3. Definitions (a) In general Section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ) is amended— (1) by redesignating paragraphs (2) and (3), (4) through (7), (8) and (9), and (10) through (15), as paragraphs (3) and (4), (6) through (9), (11) and (12), and (14) through (19), respectively; (2) by inserting after paragraph (1) the following: (2) Child care The term child care includes preschool, prekindergarten, and early childhood education for children from birth through age 5, and before school, after school, and summer care for school-age children. ; (3) in paragraph (4), as so redesignated— (A) in subparagraph (B), by inserting and at the end; (B) in subparagraph (C), by striking ; and at the end and inserting a period; and (C) by striking subparagraph (D); (4) by striking paragraph (6), as so redesignated, and inserting the following: (5) Eligible activity The term eligible activity , means an activity consisting of— (A) full-time or part-time employment; (B) self-employment; (C) job search activities; (D) job training; (E) secondary, postsecondary, or adult education, including education through a program of high school classes, a course of study at an institution of higher education, classes towards an equivalent of a high school diploma recognized by State law, or English as a second language classes; (F) health treatment (including mental health and substance use treatment) for a condition that prevents the parent involved from participating in other eligible activities; (G) activities to prevent child abuse or neglect, or family violence prevention or intervention activities; (H) employment and training activities under the supplemental nutrition assistance program established under section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ); (I) employment and training activities under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); (J) a work activity described in subsection (d) of section 407 of the Social Security Act ( 42 U.S.C. 607 ) for which, consistent with clauses (ii) and (iii) of section 402(a)(1)(A) of such Act ( 42 U.S.C. 602(a)(1)(A) ), a parent is treated as being engaged in work for a month in a fiscal year for purposes of the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); or (K) taking leave under the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ) (or equivalent provisions for Federal employees), a State or local paid or unpaid leave law, or a program of employer-provided leave. (6) Eligible child The term eligible child means an individual— (A) who is less than 13 years of age; (B) (i) (I) whose family income does not exceed 85 percent of the State median income for a family of the same size; or (II) in the case of a State that has determined it is necessary to serve additional children, after ensuring that all eligible children described in subclause (I) have had an appropriate opportunity to receive services under this subchapter, whose family income does not exceed a State limit that is not more than 150 percent of the State median income for a family of the same size; and (ii) whose family assets do not exceed $1,000,000 (as certified by a member of such family); and (C) who— (i) resides with a parent or parents who are participating in an eligible activity; (ii) is a child experiencing homelessness, a child in kinship care, or a child who is receiving, or needs to receive, child protective services; or (iii) resides with a parent who is more than 65 years of age. ; (5) in paragraph (8), as so redesignated— (A) in subparagraph (A), by striking or at the end; (B) in subparagraph (B)— (i) by inserting the child (if the spouse of such provider is engaged in an eligible activity), after decree, ; and (ii) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (C) notwithstanding section 645(a)(1)(B) of the Head Start Act ( 42 U.S.C. 9840(a)(1)(B) ), a Head Start agency. ; (6) by striking paragraph (9), as so redesignated, and inserting the following: (9) Family child care provider The term family child care provider means an individual who provides child care services in a private residence— (A) for fewer than 24 hours per day per child; or (B) for 24 hours per day per child due to the nature of the work of the parent involved. (10) Homeless child The term homeless child means an individual described in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) ). ; (7) in paragraph (11), as so redesignated, by striking (11) and all that follows through meaning and inserting the following: (11) Indian Tribe; Indian tribe The term Indian Tribe or Indian tribe has the meaning ; (8) by inserting after paragraph (12), as so redesignated, the following: (13) Mixed delivery system The term mixed delivery system means a system of child care services that— (A) promotes parental choice to empower working parents to make their own decisions regarding the child care services that best suit their family’s needs; (B) delivers services through a combination of programs offered by eligible child care providers (including faith-based and community-based child care providers) in a variety of settings (including family child care homes, child care centers, Head Start centers, and public and private schools); and (C) is supported with a combination of public and private funds. ; (9) in paragraph (16), as so redesignated, by striking unless the context specifies otherwise and inserting except as otherwise specified ; and (10) in paragraph (19), as so redesignated, by striking (19) and all that follows through has the meaning and inserting the following: (19) Tribal organization; tribal organization (A) In general The term Tribal organization or tribal organization has the meaning . (b) Redesignation The Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. ) is amended— (1) by redesignating section 658P as section 658A; and (2) by moving section 658A, as so redesignated, to follow section 658, as redesignated by section 2. 4. Authorization of appropriations (a) Part The Child Care and Development Block Grant Act of 1990 is amended by inserting before section 658B the following: I Child care services . (b) In general Section 658B of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 ) is amended to read as follows: 658B. Authorization of appropriations There is authorized to be appropriated to carry out this subchapter (other than section 658T) $6,165,330,000 for fiscal year 2022, and such sums as may be necessary for each of fiscal years 2023 through 2026. . 5. Lead agency Section 658D(b) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858b(b) ) is amended by striking paragraph (2) and inserting the following: (2) Development of plan The lead agency shall develop the State plan described in paragraph (1)(B) in meaningful consultation with— (A) parents of children eligible for services under this subchapter, which shall include parents of children in a priority population described in section 658E(c)(2)(M); (B) eligible child care providers that represent the various geographic areas and types of providers in the State; (C) employers of various sizes and with various hours and days of operations whose employees rely on reliable and accessible child care to work; and (D) appropriate representatives of units of general purpose local government and, as appropriate, of Indian Tribes and Tribal organizations. . 6. Application and plan Section 658E of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c ) is amended— (1) in subsection (b), by striking 3-year and inserting 5-year ; and (2) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (A)(i)— (I) in subclause (I), by striking a child and inserting an eligible child ; and (II) in subclause (II), by striking section 658P(2) and inserting section 658A(3) ; (ii) in subparagraph (D), by striking , not later and all that follows through subparagraph (K)(i), ; (iii) in subparagraph (E)(i)— (I) in the matter preceding subclause (I), by inserting , offered through a mixed delivery system, after full diversity of child care services ; (II) in subclause (I), by inserting (including information on the hours and days of operation and ages served) after of child care services ; (III) in subclause (II), by inserting before the semicolon the following: or a national accrediting body with demonstrated, valid, and reliable program standards for high quality ; and (IV) in subclause (IV)— (aa) by striking and before the Medicaid ; and (bb) by inserting before the semicolon the following: , and the Maternal, Infant, and Early Childhood Home Visiting Programs under section 511 of the Social Security Act ( 42 U.S.C. 711 ) ; (iv) in subparagraph (G)— (I) in the subparagraph heading, by striking Training and professional and inserting Professional ; (II) in clause (i) and clause (ii) (in the matter preceding subclause (I)), by striking training and before professional development ; (III) in clause (ii)(II), by striking , and may engage and all that follows through training framework ; and (IV) in clause (iii), by striking training and inserting professional development ; (v) in subparagraph (I)(i)— (I) in subclause (VII)— (aa) by striking for emergencies and inserting the following: “for— (aa) emergencies ; (bb) by striking the semicolon at the end and inserting ; and ; and (cc) by adding at the end the following: (bb) a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); ; and (II) in subclause (IX), by striking if applicable, ; (vi) in subparagraph (J)— (I) by striking that procedures and inserting the following: “that— (i) procedures ; (II) by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (ii) the State will undertake a review of State and local health and safety requirements (including requirements for inspections under this subchapter and the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 )) to determine redundancies and oversights that may exist, to ensure— (I) children receive child care services in healthy and safe environments; and (II) child care providers can easily identify, understand, and comply with applicable health and safety requirements. ; (vii) in subparagraph (K)(i)— (I) in the matter preceding subclause (I), by striking , not later and all that follows through 2014, ; and (II) in subclause (IV), by striking section 658P(6)(B) and inserting section 658A(8)(B) ; (viii) in subparagraph (M)— (I) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; (II) by striking clause (i) and inserting the following: (i) children in underserved areas, including areas that have significant concentrations of poverty and unemployment and that do not have a supply of eligible child care providers; (ii) children in rural areas; ; and (III) in clause (iv), as so redesignated, by striking , as defined by the State ; (ix) in subparagraph (N)— (I) in clauses (i)(I) and (iv), by striking 85 percent and inserting 150 percent ; and (II) in clause (iii), by striking At the option of the State, the and inserting The ; (x) in subparagraph (O)(i), by striking full-day services and inserting full workday and full work year services ; (xi) in subparagraph (S)(ii), by striking , to the extent and all that follows through fixed costs and inserting implement enrollment and eligibility policies that support the fixed and operational costs ; (xii) in subparagraph (T)(i), by striking or implement and all that follows through of 2014) and inserting and implement early learning and developmental guidelines ; (xiii) in subparagraph (U)— (I) in clause (i)— (aa) by striking Governor or and inserting Governor, ; and (bb) by inserting before the period the following: , or a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) ; (II) in clause (ii), by inserting State and local health agencies, after licensing of child care providers, ; and (III) in clause (iii)(II), by striking following the emergency or disaster, which may include and inserting during and following the emergency or disaster, which shall include guidelines for the ; and (xiv) in subparagraph (V), by striking develop and all that follows through services. and inserting “support child care business technical assistance including supporting— (I) provision of strategies to support management coaching and the use of core best business practices; (II) development and use of shared services initiatives including initiatives involving provider networks such as child care center alliances and family child care provider networks; and (III) coordination of activities with programs of the Small Business Administration, programs of the Department of Agriculture, and other Federal, State, and local programs supporting child care businesses. ; (B) in paragraph (3)— (i) in subparagraph (B)(ii), by striking Not later and all that follows through shall prepare and inserting Not later than September 30 of each fiscal year, the Secretary shall prepare ; and (ii) in subparagraph (D)— (I) by striking with respect to and all that follows through 2020 and inserting with respect to each fiscal year) ; and (II) by striking described in clause (i), (ii), (iii), or (iv) of and inserting in priority populations described in ; (C) in paragraph (4)— (i) by striking subparagraphs (A) and (B) and inserting the following: (A) In general The State plan shall certify, not later than October 1, 2024, that payment rates, for the provision of child care services for which assistance is provided in accordance with this subchapter, are sufficient to meet the cost of providing the child care services, including the fixed and operational costs of providing the child care services, and are set and paid in accordance with a cost estimation model described in subparagraph (B). (B) Cost estimation model The State plan shall— (i) demonstrate that the State, after consulting with eligible child care providers, the State Advisory Council on Early Childhood Education and Care designated or established in section 642B(b)(1)(A)(i) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A)(i) ), local child care program administrators, local child care resource and referral agencies, and other appropriate entities, has developed and uses a statistically valid and reliable cost estimation model for the payment rates for providers of child care services in the State, that— (I) reflects the costs of service delivery, including fixed costs, operating expenses, and staff salaries and benefits necessary to recruit, train, and retain qualified staff; (II) reflects variations in the costs of service delivery by submarket, type of provider, and children served, including by— (aa) geographic area (such as location in an urban or rural area); (bb) ages of children; (cc) whether the children have particular needs (such as needs of children with disabilities and children served by child protective services); (dd) whether the providers provide services during weekend and other nontraditional hours; and (ee) quality of child care provider as determined by the State; and (III) is reviewed not less often than once every 2 years and adjusted as may be necessary to— (aa) ensure payment rates remain sufficient to meet the requirements of this subchapter; and (bb) provide a cost of living increase to maintain the level of services provided during the year prior to the review; and (ii) describe how the State will provide for timely payments, set in accordance with the model described in clause (i), for child care services provided under this subchapter. ; (ii) in subparagraph (C)— (I) by striking clause (ii); and (II) by striking (C) and all that follows through Nothing and inserting the following: (C) Construction Nothing ; and (iii) by adding at the end the following: (D) No Federal control The Secretary may offer guidance to States on cost estimation models described in subparagraph (B), but shall not require a State to adopt a particular cost estimation model or element of a particular cost estimation model. ; and (D) by striking paragraph (5) and inserting the following: (5) Sliding fee scale (A) In general The State plan shall provide that the State will establish and periodically revise a sliding fee scale to determine a full copayment for a family receiving assistance under this subchapter (or, for a family receiving part-time care, a reduced copayment that is the proportionate amount of the full copayment) that shall be set in accordance with subparagraph (B) and that is not a barrier to families receiving assistance under this subchapter. (B) Copayment (i) Full copayment The State shall ensure that the sliding fee scale results in a full copayment, toward the cost of the child care involved for all eligible children in the family for a family receiving assistance under the subchapter, that shall be set, for a family with a family income— (I) of not more than 75 percent of the State median income for a family of the same size, to be 0 percent of that family income; (II) of more than 75 percent but not more than 100 percent of the State median income for a family of the same size, to be more than 0 but not more than 2 percent of that family income; (III) of more than 100 percent but not more than 125 percent of the State median income for a family of the same size, to be more than 2 but not more than 4 percent of that family income; and (IV) of more than 125 percent but not more than 150 percent of the State median income for a family of the same size, to be more than 4 but not more than 7 percent of that family income. (ii) Reduced copayment The State shall ensure that the sliding fee scale results in a reduced copayment toward the cost specified in clause (i), for a family receiving part-time care, that shall be the proportionate amount of the full copayment under clause (i). . 7. Activities to improve the quality of child care Section 658G of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858e ) is amended— (1) in subsection (a)(2)— (A) by striking subparagraph (A) and inserting the following: (A) to carry out the activities described in paragraph (1), not less than 9 percent of the funds described in paragraph (1) for each fiscal year; and ; and (B) in subparagraph (B)— (i) by striking received not later and all that follows through succeeding full fiscal year and inserting received for each fiscal year ; and (ii) by striking and subsection (b)(4) ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting (which shall include activities selected by the State to carry out paragraph (1)) after following activities ; (B) by striking paragraphs (1) and (2) and inserting the following: (1) Supporting the education and professional development of child care staff and supporting child care providers in the recruitment of, professional development for, and retention of a qualified child care workforce, through activities selected by the State such as— (A) the development and expansion of initiatives to assist child care staff in the attainment of postsecondary credentials and degrees; (B) the provision of financial assistance (including through bonuses, retention grants, and wage supplements)— (i) for child care staff to pursue a postsecondary credential or degree; and (ii) for child care providers to recruit, provide professional development for, and retain child care staff who have attained such credentials or degrees; (C) the development and implementation of apprenticeship programs that equip apprentices with specialized knowledge, skills, and competencies required to work in child care, which programs may include activities to— (i) increase the number of individuals (including the number of individuals seeking to work with priority populations of children described in section 658E(c)(2)(M)) who complete an apprenticeship program and obtain a credential or degree; (ii) promote the recruitment and retention of apprentices through strategies for— (I) supervising and mentoring apprentices; and (II) providing pathways to career advancement for apprentices; and (iii) support partnerships between institutions of higher education, eligible child care providers (or a consortium of eligible child care providers), and other entities participating in an apprenticeship program to provide for— (I) the award of postsecondary academic credit for related instruction or on-the-job training provided through the apprenticeship; and (II) the application of such credit toward a credential or degree from an institution in the partnership; or (D) professional development opportunities for child care providers that relate to— (i) the use of scientifically based, developmentally appropriate and age-appropriate strategies to promote the social, emotional, physical, and cognitive development of children, including specialized professional development for child care providers caring for those priority populations of children described in section 658E(c)(2)(M); (ii) the use of effective behavior management strategies, including positive behavior interventions and support models, that promote positive social and emotional development and reduce challenging behaviors, including reducing expulsions of preschool-aged children for such behaviors; (iii) the nutritional and physical activity needs of young children to promote healthy development; and (iv) the use of strategies for engaging parents and families in culturally and linguistically appropriate ways to expand their knowledge, skills, and capacity to support their children’s development; ; (C) by redesignating paragraph (3) as paragraph (2); (D) in paragraph (2), as so redesignated— (i) by striking subparagraph (A) and inserting the following: (A) support and assess the quality of child care providers in the State, which may include supporting child care providers in the voluntary pursuit of accreditation by a national accrediting body with demonstrated, valid, and reliable program standards of high quality; ; and (ii) by striking subparagraph (C) and inserting the following: (C) be designed to improve the quality of different types of child care providers and services, including child care centers and family child care providers, and which shall be appropriate for providers serving different age groups of children and for providers serving children during nontraditional hours of operation; ; (E) by inserting after paragraph (2), as so redesignated, the following: (3) Establishing or expanding a statewide system of child care resource and referral services to help parents make informed choices about child care services through transparent and easy-to-understand consumer information about high-quality care and education. ; (F) by striking paragraphs (4) through (6); (G) by redesignating paragraph (7) as paragraph (4); (H) by striking paragraphs (8) and (9); and (I) by redesignating paragraph (10) as paragraph (5); and (3) in subsection (c), by striking Beginning with fiscal year 2016, at and inserting At . 8. Reports and audits Section 685K(a)(2) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858i(a)(2) ) is amended— (1) in the matter preceding subparagraph (A)— (A) by striking Not later than and all that follows through a State and inserting A State ; and (B) by inserting annually before prepare ; (2) in subparagraph (A), by striking section 658P(6) and inserting section 658A(8) ; and (3) in subparagraph (F), by striking section 658P(6)(B) and inserting section 658A(8)(B) . 9. Reports, hotline, and website Section 658L of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858j ) is amended— (1) in subsection (a), by striking Not later and all that follows through the Secretary shall and inserting The Secretary shall biennially ; and (2) in subsection (b)(2)(B)(ii), by inserting , or a national accrediting body with demonstrated, valid, and reliable program standards for high quality, after System . 10. Technical amendments Section 658O(a) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858m(a) ) is amended— (1) in paragraphs (1), (3), and (4) by striking this subchapter and inserting section 658B ; and (2) in paragraph (5) by striking this subchapter the first place it appears and inserting section 658B . 11. Child care supply and facilities grants The Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. ) is amended by adding at the end the following: II Child care supply and facilities 658T. Child care supply and facilities grants (a) Purposes The purposes of this section are to provide grants to States, territories described in section 658O(a)(1) (referred to individually in this part as a territory ), Indian Tribes, and Tribal organizations to— (1) expand the supply and capacity of child care providers so that working parents have multiple high-quality child care options to choose from in making their own decisions regarding the child care and early education services that best suit their family’s needs; and (2) ensure child care facilities are designed and equipped to keep children healthy and safe and to enhance children’s physical, cognitive, and behavioral development. (b) Qualified child care provider In this section, the term qualified child care provider means– (1) an eligible child care provider as defined in section 658A(8)(A) that is providing, or seeking to provide, child care services to children eligible for services under this subchapter; or (2) a child care provider that has applied under this subchapter to become an eligible child care provider as defined in section 658A(8)(A) and that commits to provide child care services to children eligible for services under this subchapter. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2023 through 2025. (d) Grants authorized; allotments (1) In general From funds made available under subsection (c), the Secretary shall make grants to States, territories, Indian Tribes, and Tribal organizations to carry out the activities described in subsection (f). (2) Reservation The Secretary shall reserve not more than 1 percent of the amount appropriated under subsection (c) for a fiscal year to carry out this section to pay for the costs of the Federal administration of this section. (3) Allotments From the amount appropriated to carry out this section for a fiscal year that remains after the Secretary makes the reservation under paragraph (2), the Secretary shall award to each lead agency with an approved plan under subsection (e), a child care supply and facilities grant in accordance with paragraphs (1) and (2) of subsection (a), and subsection (b), of section 658O, for the grants authorized under paragraph (1). A grant made under this paragraph in accordance with paragraph (1) or (2) of that subsection shall be for the purpose of carrying out the program described in this section, consistent, to the extent practicable as determined by the Secretary, with the requirements applicable to States. (e) State plan (1) In general In order to receive a grant under this section, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require. (2) Contents Each plan submitted by a State under this section shall include each of the following: (A) A description of how the State will use funds received under this section for State-level activities under subsection (f)(1). (B) A description of how the State will ensure that qualified child care providers in urban, suburban, and rural areas can readily apply for and access funding under this section, which shall include providing technical assistance either directly or through a third party which may include a resource and referral agency or a staffed family child care provider network. (C) A description of how the State will determine the prioritization of subgrants to qualified child care providers in accordance with subsection (f)(5). (D) An assurance that the State will make available to the public, which shall include, at a minimum, posting to an internet website of the lead agency— (i) a notice of funding availability through subgrants for qualified child care providers under this section; and (ii) the criteria for awarding subgrants for qualified child care providers, including the methodology the lead agency will use to determine the amounts of such subgrants for qualified child care providers. (f) State use of funds (1) Reservation A lead agency that receives a grant under subsection (d) shall reserve not more than 10 percent of the grant funds for State-level activities, consisting of administering subgrants and providing technical assistance and support, for activities supported under this section. (2) Subgrants The lead agency shall use the remainder of the grant funds awarded pursuant to subsection (d) to make subgrants as described in paragraphs (3) and (4). (3) Startup and supply expansion subgrants (A) In general The lead agency shall make startup and supply expansion subgrants to qualified child care providers that are providing, or seeking to provide, child care services under this subchapter to eligible children, to— (i) support the providers in paying for startup and expansion costs; (ii) assist such providers in meeting— (I) the health and safety requirements (including the requirements referred to in section 658E(c)(2)(I)) of the State, territory, Indian Tribe, or local government involved, as the case may be; (II) licensing and other regulatory standards of the State, territory, Indian Tribe, or local government involved, as the case may be, for child care providers; and (III) as applicable, the requirements of a State’s tiered quality rating system for child care providers; and (iii) establishing or expanding the operation of community- or neighborhood-based family child care networks. (B) Requirement As a condition of receiving a startup or supply expansion subgrant under this paragraph, a qualified child care provider shall commit to meeting the requirements for an eligible child care provider under this subchapter and to providing child care services under this subchapter to eligible children, on an ongoing basis. (4) Facilities subgrants (A) In general The lead agency shall make facilities subgrants to qualified child care providers that are providing, or seeking to provide, child care services under this subchapter to eligible children, for, notwithstanding section 658F(b)— (i) remodeling, renovation, or repair of a building or facility used for providing direct child care services; and (ii) construction, permanent improvement, or major renovation of a building or facility used for providing direct child care services. (B) Requirement As a condition of receiving a facilities subgrant under this paragraph, a child care provider shall commit to meeting the requirements for an eligible child care provider under this subchapter and to providing child care services under this subchapter to eligible children on an ongoing basis. (C) Federal interest (i) Family child care homes Federal law regarding a Federal interest in real property shall not apply to the renovation, remodeling, repair, or permanent improvement of privately owned family child care homes with funds provided under this paragraph, and the Secretary shall develop parameters for the use of such funds for family child care homes. (ii) Retention If the Secretary retains a Federal interest in any facility constructed, renovated, remodeled, repaired, or permanently improved with funds provided under this paragraph, the Secretary shall not retain the Federal interest for more than 10 years. (5) Priority In awarding subgrants under paragraphs (3) and (4), the lead agency shall give priority to qualified child care providers providing or seeking to provide child care services to priority populations of children described in section 658E(c)(2)(M). (g) Supplement not supplant Amounts made available to carry out this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to increase the supply of child care and to improve child care facilities. (h) Documentation and reporting requirements (1) Documentation A State receiving a grant under subsection (d) shall provide documentation of any State expenditures from grant funds received under subsection (d) in accordance with section 658K(b), to the independent entity described in that section. (2) Reports (A) Lead agency report A lead agency receiving a grant under subsection (d) shall, not later than 12 months after receiving such grant, submit a report to the Secretary that includes, for the State involved, a description of each lead agency program of subgrants carried out to meet the objectives of this section, including— (i) the number of eligible child care providers in operation at the start of the grant period, and the number of such providers 11 months later, disaggregated by age of children served, geographic region, and child care setting (including whether the provider was in a center-based or family child care setting); (ii) the number of child care slots, in the capacity of eligible child care providers given applicable group size limits and staff-to-child ratios, that were open for attendance of children at the start of the grant period and the number of such slots 11 months later, disaggregated by age of children served, geographic region, and child care setting (including whether the slot was in a center-based or family child care setting), and each priority population of children described in section 658E(c)(2)(M); (iii) (I) the number and percentage of qualified child care providers that received a subgrant under subsection (f)(3), disaggregated by age of children served, geographic region, and child care setting (including whether the provider was in a center-based or family child care setting), and the average and range of the amounts of the subgrants awarded; and (II) the number and percentage of qualified child care providers that received a subgrant under subsection (f)(4), disaggregated by age of children served, geographic region, and child care setting (including whether the provider was in a center-based or family child care setting), and the average and range of the amounts of the subgrants awarded; and (iv) information concerning how qualified child care providers receiving subgrants under subsection (f)(3) or (f)(4) used the subgrant funding received. (B) Report to Congress The Secretary shall transmit annually 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 provides national and State-level data for the information collected under subparagraph (A). (i) Construction No reference in part 1 to this subchapter shall be considered to refer to a provision of this part. . 12. Department of Agriculture loan restrictions The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude a business that is licensed, regulated, or registered as a child care provider under State law. | https://www.govinfo.gov/content/pkg/BILLS-117s3899is/xml/BILLS-117s3899is.xml |
117-s-3900 | II 117th CONGRESS 2d Session S. 3900 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes.
1. Short title This Act may be cited as the Settlement Agreement Information Database Act of 2022 . 2. Definitions In this Act: (1) Executive agency The term Executive agency has the meaning given the term in section 105 of title 5, United States Code. (2) Settlement agreement The term settlement agreement has the meaning given the term in section 307 of title 5, United States Code, as added by section 3(a) of this Act. 3. Information regarding settlement agreements entered into by Federal agencies (a) Requirements for settlement agreements Chapter 3 of title 5, United States Code, is amended by adding at the end the following: 307. Information regarding settlement agreements (a) Definitions In this section: (1) Local government The term local government has the meaning given the term in section 6501 of title 31. (2) Order type The term order type means the type of action or instrument used to settle a civil or criminal judicial action. (3) Settlement agreement The term settlement agreement means a settlement agreement, including a consent decree, that— (A) is entered into by an Executive agency; and (B) relates to an alleged violation of Federal civil or criminal law. (4) State The term State means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. (b) Settlement agreement information database (1) Executive agency requirement (A) In general Subject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): (i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement— (I) the order type of the settlement agreement; (II) the date on which the parties entered into the settlement agreement; (III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; (IV) the amount of attorneys’ fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; (V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; (VI) the total amount the settling parties are obligated to pay under the settlement agreement; (VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; (VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; (IX) the projected duration of the settlement agreement, if available; (X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; (XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; (XII) any modifications to the settlement agreement, when applicable; (XIII) notice and comments, when applicable; and (XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. (ii) A copy of each— (I) settlement agreement entered into by the Executive agency; and (II) statement issued under paragraph (4). (B) Nondisclosure The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)— (i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and (ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. (C) Clarification of responsible agency In a case in which an Executive agency is acting at the request or on behalf of another Executive agency (referred to as the originating agency), the originating agency is responsible for submitting information under subparagraph (A). (2) Guidance The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1), which shall include the following: (A) Specific dates by which submissions must be made, not less than twice a year. (B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. (C) A requirement that the information and documents required under paragraph (1) are publicly available for a period starting on the date of the settlement through not less than 5 years after the termination of the settlement agreement. (3) Establishment of database The Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. (4) Statement of confidentiality If the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain— (A) what interests confidentiality protects; and (B) why the interests protected by confidentiality outweigh the public’s interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources. . (b) Technical and conforming amendment The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following: 307. Information regarding settlement agreements. . (c) Deadline To establish database Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall— (1) issue the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a); and (2) establish the settlement agreement information database required under section 307(b)(3) of title 5, United States Code, as added by subsection (a). (d) Deadline for first submission Not later than 90 days after the date on which the Director issues the guidance required under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency shall begin submitting information to the database established under such section 307. 4. Amendments to the Freedom of Information Act Section 552(a) of title 5, United States Code, is amended— (1) in paragraph (2)— (A) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; (B) by inserting after subparagraph (A) the following: (B) each settlement agreement, as defined in section 307, entered into by an Executive agency, with redactions for information that the agency may withhold under paragraph (8) and subsections (b) and (c) of this section; ; (C) in subparagraph (F), as so redesignated, by striking subparagraph (D) and inserting subparagraph (E) ; and (D) in the flush text following subparagraph (F), as so redesignated— (i) by striking subparagraph (D) and inserting subparagraph (E) ; and (ii) by striking subparagraph (E) and inserting subparagraph (F) ; and (2) in paragraph (4)(B), by striking paragraph (2)(C) and inserting paragraph (2)(D) . 5. Rule of construction Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that any agency may properly withhold from public disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). 6. Effective date; applicability This Act shall— (1) be effective on the date that is 180 days after the date of enactment of this Act; and (2) apply— (A) with respect to any settlement agreement entered into on or after the date of the enactment of this Act; and (B) to the extent practicable, any such settlement agreement that remains in effect on or after the date of enactment of this Act. 7. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s3900is/xml/BILLS-117s3900is.xml |
117-s-3901 | II 117th CONGRESS 2d Session S. 3901 IN THE SENATE OF THE UNITED STATES March 22, 2022 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide grants to transit operators and airports for human trafficking awareness, education, and prevention efforts, and for other purposes.
1. Short title This Act may be cited as the Reduce Human Trafficking through Transportation Act . 2. Department of Transportation human trafficking prevention grants (a) Urbanized area formula grants (1) In general Of the amounts made available for each fiscal year to carry out section 5307 of title 49, United States Code, the Secretary of Transportation (referred to in this section as the Secretary ) shall set aside $5,000,000 to provide grants to entities described in paragraph (2)(A) to address human trafficking awareness, education, and prevention efforts, including by— (A) coordinating human trafficking prevention efforts across multimodal transportation operations within a community; and (B) accomplishing the best practices and recommendations provided by the Department of Transportation Advisory Committee on Human Trafficking. (2) Distribution (A) In general The Secretary shall distribute amounts set aside under paragraph (1) to— (i) the 50 transit operators in the United States with the highest annual ridership, based on the most recent data available; and (ii) as the Secretary determines to be appropriate, a transit operator not described in clause (i) that serves an area with a high prevalence of human trafficking, on application of the transit operator. (B) Priority; considerations In distributing the amounts under paragraph (1), the Secretary shall— (i) give priority in grant amounts to entities referred to in subparagraph (A) that serve regions with a higher prevalence of human trafficking; and (ii) take into consideration the effect the amounts would have on surrounding areas. (C) Consultation In distributing the amounts under paragraph (1), the Secretary shall consult with the Department of Transportation Advisory Committee on Human Trafficking in determining the amounts to be distributed to each recipient to ensure the best use of the funds. (b) Airport improvement program (1) In general Of the amounts made available for each fiscal year for the airport improvement program established under subchapter I of chapter 471 of title 49, United States Code, the Secretary shall set aside $5,000,000 to provide grants to entities described in paragraph (2)(A) to address human trafficking awareness, education, and prevention efforts, including by— (A) coordinating human trafficking prevention efforts across multimodal transportation operations within a community; and (B) accomplishing the best practices and recommendations provided by the Department of Transportation Advisory Committee on Human Trafficking. (2) Distribution (A) In general The Secretary shall distribute amounts set aside under paragraph (1) to— (i) the 50 airports in the United States with the highest number of passenger enplanements annually, based on the most recent data available; and (ii) as the Secretary determines to be appropriate, an airport not described in clause (i) that serves an area with a high prevalence of human trafficking, on application of the airport. (B) Priority; considerations In distributing the amounts under paragraph (1), the Secretary shall— (i) give priority in grant amounts to entities referred to in subparagraph (A) that serve regions with a higher prevalence of human trafficking; and (ii) take into consideration the effect the amounts would have on surrounding areas. (C) Consultation In distributing the amounts under paragraph (1), the Secretary shall consult with the Department of Transportation Advisory Committee on Human Trafficking in determining the amounts to be distributed to each recipient to ensure the best use of the funds. | https://www.govinfo.gov/content/pkg/BILLS-117s3901is/xml/BILLS-117s3901is.xml |
117-s-3902 | II 117th CONGRESS 2d Session S. 3902 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Marshall (for himself, Mr. Braun , Mr. Cruz , Mr. Daines , Mrs. Hyde-Smith , Mr. Inhofe , Mr. Lankford , Mr. Scott of Florida , Mr. Wicker , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit agencies from maintaining or sharing information relating to religious affiliation, and for other purposes.
1. Short title This Act may be cited as the Prohibiting Religious Exemption and Accommodations Databases Act . 2. Sense of the Senate It is the sense of the Senate that— (1) the freedoms of the First Amendment to the Constitution of the United States, including the right to free exercise of religion, are among the pre-eminent blessings of liberty guaranteed by the Constitution of the United States, and that religious freedom need not be sacrificed in service to our Government, but must be respected by law; and (2) immediate steps must be taken to prevent unwarranted dissemination of information on religious exemptions or accommodations sought or provided by or to any individual in conformance with principles of both section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ), in particular subsection (e)(7) of such section, as well as the guidance issued by the Equal Employment Opportunity Commission on December 14, 2021. 3. Maintenance of information relating to religious accommodations (a) Amendments to the Privacy Act of 1974 Section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ) is amended— (1) in subsection (a)(7)— (A) by striking means, with and inserting — (A) means, with ; (B) in subparagraph (A), as so designated, by adding and at the end; and (C) by adding at the end the following: (B) does not include the sharing, disclosure, or dissemination of information concerning a religious accommodation beyond the minimum necessary for the purpose; ; (2) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), strike except for disclosures made under subsections (b)(1) or (b)(2) of this section, ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B), by adding and at the end; and (D) by adding at the end the following: (C) a disclosure made under subsection (b)(1) or (b)(2) only if the disclosure concerns or describes how any individual exercises rights guaranteed by the First Amendment, including as related to a religious accommodation under any Federal law; ; (3) in subsection (o), by adding at the end the following: (3) Notwithstanding any other provision of this Act, no record relating to the religious affiliation of an individual that is contained in a system of records may be disclosed to a recipient agency or non-Federal agency for use in a computer matching program. ; and (4) by adding at the end the following: (x) Religious accommodation For purposes of subsection (e)(7), an individual voluntarily requesting, or providing any information relating to, any religious accommodation, including to a COVID–19 vaccine requirement, shall not constitute an express authorization for an agency to maintain a record of any information related to the religious beliefs, identity, or affiliation of the individual. . (b) FOIA exemption Section 552(b) of title 5, United States Code (commonly known as the Freedom of Information Act ) is amended— (1) in paragraph (8), by striking or at the end; (2) in paragraph (9), by striking the period at the end and inserting ; or ; and (3) by inserting after paragraph (9) the following: (10) related to the religious affiliation of an individual that is provided to or collected by an agency (as defined in section 552a(a) of this title), including for purposes of a religious accommodation to a COVID–19 vaccine requirement. . (c) Privacy of information An agency (as defined in section 552a(a) of title 5, United States Code (commonly known as the Privacy Act of 1974 )) that collects or is provided any information relating to the religious beliefs, identity, or affiliation of an individual for purposes of a religious accommodation, including to a COVID–19 vaccine requirement— (1) shall maintain and use the information— (A) in a manner that protects the confidentiality of the information and privacy of the individual to the maximum extent practicable; and (B) separate from any other record of an individual relating to a religious exemption or accommodation request; and (2) may not disclose the information with any person outside of the agency, including any other Federal or non-Federal agency or private organization. (d) Rule of construction Nothing in this Act or the amendments made by this Act shall be construed to impede or authorize a delay in the timely processing of a request made by an individual to an agency (as defined in section 552a(a) of title 5, United States Code (commonly known as the Privacy Act of 1974 )) for a religious accommodation. | https://www.govinfo.gov/content/pkg/BILLS-117s3902is/xml/BILLS-117s3902is.xml |
117-s-3903 | II 117th CONGRESS 2d Session S. 3903 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Commissioner of U.S. Customs and Border Protection to establish procedures for conducting maintenance projects at ports of entry at which the Office of Field Operations conducts certain enforcement and facilitation activities.
1. Port maintenance (a) In general Section 411(o) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(o) ) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: (3) Port maintenance (A) Procedures Subject to subparagraphs (B) and (C), the Commissioner shall establish procedures by which U.S. Customs and Border Protection may conduct maintenance and repair projects costing not more than $300,000 at any port of entry where the Office of Field Operations performs any of the activities described in subparagraphs (A) through (G) of subsection (g)(3). (B) Limitation The authority under subparagraph (A) shall only be available for maintenance and repair projects involving existing infrastructure, property, and capital at any port of entry described in subparagraph (A). (C) Annual adjustments The Commissioner shall annually adjust the amount described in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of June preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year. (D) Rule of construction Nothing in this paragraph may be construed to affect the availability of funding from— (i) the Federal Buildings Fund established under section 592 of title 40, United States Code; (ii) the Donation Acceptance Program established under section 482; or (iii) any other statutory authority or appropriation for projects described in subparagraph (A). . (b) Reporting (1) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Appropriations of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on Appropriations of the House of Representatives that includes the elements described in paragraph (2). (2) Elements The report required under paragraph (1) shall include— (A) a summary of all maintenance projects conducted pursuant to section 411(o)(3) of the Homeland Security Act of 2002 , as added by subsection (a) during the prior fiscal year; (B) the cost of each project referred to in subparagraph (A); (C) the account that funded each such project, if applicable; and (D) any budgetary transfers, if applicable, that funded each such project. (c) Technical amendment Section 422(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 232(a) ) is amended by inserting section 411(o)(3) of this Act and after Administrator under . | https://www.govinfo.gov/content/pkg/BILLS-117s3903is/xml/BILLS-117s3903is.xml |
117-s-3904 | II 117th CONGRESS 2d Session S. 3904 IN THE SENATE OF THE UNITED STATES March 23, 2022 Ms. Rosen (for herself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To enhance the cybersecurity of the Healthcare and Public Health Sector.
1. Short title This Act may be cited as the Healthcare Cybersecurity Act of 2022 . 2. Definitions In this Act— (1) the term Agency means the Cybersecurity and Infrastructure Security Agency; (2) the term Cybersecurity State Coordinator means a Cybersecurity State Coordinator appointed under section 2217(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 665c(a) ); (3) the term Department means the Department of Health and Human Services; (4) the term Director means the Director of the Agency; (5) the term Healthcare and Public Health Sector means the Healthcare and Public Health sector, as identified in Presidential Policy Directive 21 (February 12, 2013; relating to critical infrastructure security and resilience); (6) the term Information Sharing and Analysis Organizations has the meaning given that term in section 2222 of the Homeland Security Act of 2002 ( 6 U.S.C. 671 ); and (7) the term Secretary means the Secretary of Health and Human Services. 3. Findings Congress finds the following: (1) Healthcare and Public Health Sector assets are increasingly the targets of malicious cyberattacks, which result not only in data breaches, but also increased healthcare delivery costs, and can ultimately affect patient health outcomes. (2) Data reported to the Department shows that almost every month in 2020, more than 1,000,000 people were affected by data breaches at healthcare organizations. Cyberattacks on healthcare facilities rose 55 percent in 2020, and these attacks also resulted in a 16 percent increase in the average cost of recovering a patient record in 2020, as compared to 2019. (3) According to data from the Office for Civil Rights of the Department, health information breaches have increased since 2016, and in 2020 alone, the Department reported 663 breaches on covered entities, as defined under the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ), affecting more than 500 people, with over 33,000,000 total people affected by health information breaches. 4. Agency collaboration with the Department (a) In general The Agency shall collaborate with the Department, including by entering into an agreement, as appropriate, to improve cybersecurity in the Healthcare and Public Health Sector. (b) Assistance (1) In general The Agency shall coordinate with and make resources available to Information Sharing and Analysis Organizations, information sharing and analysis centers, and non-Federal entities that are receiving information shared through programs managed by the Department. (2) Scope The coordination under paragraph (1) shall include— (A) developing products specific to the needs of Healthcare and Public Health Sector entities; and (B) sharing information relating to cyber threat indicators and appropriate defensive measures. 5. Training for healthcare experts The Cyber Security Advisors and Cybersecurity State Coordinators of the Agency shall, in coordination, as appropriate, with private sector healthcare experts, provide training to Healthcare and Public Health Sector asset owners and operators on— (1) cybersecurity risks to the Healthcare and Public Health Sector and assets within the sector; and (2) ways to mitigate the risks to information systems in the Healthcare and Public Health Sector. 6. Sector-specific study and report (a) In general Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Secretary, shall conduct a study and issue a report, which shall include the following elements: (1) An analysis of how identified cybersecurity risks specifically impact Healthcare and Public Health Sector assets, including the impact on rural and small and medium-sized Healthcare and Public Health Sector assets. (2) An evaluation of the challenges Healthcare and Public Health Sector assets face in— (A) securing— (i) updated information systems owned, leased, or relied upon by Healthcare and Public Health Sector assets; (ii) medical devices or equipment owned, leased, or relied upon by Healthcare and Public Health Sector assets, which shall include an analysis of the threat landscape and cybersecurity vulnerabilities of such medical devices or equipment; and (iii) sensitive patient health information and electronic health records; (B) implementing cybersecurity protocols; and (C) responding to data breaches or cybersecurity attacks, including the impact on patient access to care, quality of patient care, timeliness of health care delivery, and health outcomes. (3) An evaluation of best practices for the deployment of trained Cyber Security Advisors and Cybersecurity State Coordinators of the Agency into Healthcare and Public Health Sector assets before, during, and after data breaches or cybersecurity attacks. (4) An assessment of relevant Healthcare and Public Health Sector cybersecurity workforce shortages, including— (A) training, recruitment, and retention issues; and (B) recommendations for how to address these shortages and issues, particularly at rural and small and medium-sized Healthcare and Public Health Sector assets. (5) An identification of cybersecurity challenges related to or brought on by the public health emergency declared by the Secretary under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 27, 2020, with respect to COVID–19. (6) An evaluation of the most accessible and timely ways for the Agency and the Department to communicate and deploy cybersecurity recommendations and tools to Healthcare and Public Health Sector assets. (b) Report transmittal Not later than 60 days after completing the study and report required under subsection (a), the Director shall present the completed report to the Secretary, which the Secretary may, in consultation with the Director, consult when updating the Healthcare and Public Health Sector Specific Plan of the Secretary. (c) Congressional briefing Not later than 120 days after the date of enactment of this Act, the Director, in consultation with the Secretary, as appropriate, shall provide a briefing on the status of the study and report required under subsection (a) to— (1) the Committee on Health, Education, Labor, and Pensions and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Energy and Commerce and the Committee on Homeland Security of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3904is/xml/BILLS-117s3904is.xml |
117-s-3905 | II 117th CONGRESS 2d Session S. 3905 IN THE SENATE OF THE UNITED STATES March 23, 2022 Mr. Peters (for himself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prevent organizational conflicts of interest in Federal acquisition, and for other purposes.
1. Short title This Act may be cited as the Preventing Organizational Conflicts of Interest in Federal Acquisition Act . 2. Findings Congress makes the following findings: (1) The Federal Government’s reliance on contractors for mission support services can create the potential for conflicts of interest related to impaired objectivity or undue influence due to contractor business relationships with regulated or other entities. (2) Comptroller General bid protest decisions in recent years have shown failures in proper identification and mitigation of organizational conflicts of interest. These decisions focus on the issue of impaired objectivity in contract support, or a situation in which a contractor is unable to provide impartial recommendations and advice to the Government due to competing interests of the contractor. (3) Prior efforts by the Administrator for Federal Procurement Policy and the Director of the Office of Government Ethics, undertaken pursuant to the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ), have determined that changes are needed to the Federal Acquisition Regulation to prevent and mitigate conflicts of interest in Federal contracting. (4) Protecting against conflicts of interest in Federal acquisition is vital to the integrity of Government operations. 3. Preventing organizational conflicts of interest in Federal acquisition (a) In general Not later than 18 months after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall— (1) identify contracting methods, types, and services that raise heightened concerns for potential organizational conflicts of interest beyond those currently addressed in the Federal Acquisition Regulation; and (2) revise the Federal Acquisition Regulation to— (A) address organizational conflicts of interest with sufficiently rigorous, comprehensive, and consistent governmentwide policy and guidance to prevent or effectively mitigate such conflicts of interest in Federal acquisition; (B) provide and update definitions related to organizational conflicts of interest, to include contractor relationships with public, private, domestic, and foreign entities that may cause contract support to be subject to potential conflicts of interest, including undue influence; (C) provide executive agencies with solicitation provisions and contract clauses that require contractors to disclose information relevant to potential organizational conflicts of interest and limit future contracting with respect to potential conflicts of interest with the work to be performed under the awarded contract, for agency use as needed; (D) require executive agencies to tailor the solicitation and contract clauses described in subparagraph (C) as necessary to provide specifics on information required to be disclosed and limitations on future contracting based on the potential for conflict with the work to be performed under the awarded contract; and (E) require executive agencies to establish or update agency conflict of interest procedures to implement the Federal Acquisition Regulation revisions made under this section, and periodically assess and update these agency procedures as needed to address agency-specific conflict of interest issues. (b) Executive agency defined In this section, the term executive agency has the meaning given the term in section 133 of title 41, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s3905is/xml/BILLS-117s3905is.xml |
117-s-3906 | II 117th CONGRESS 2d Session S. 3906 IN THE SENATE OF THE UNITED STATES March 23, 2022 Mr. Markey (for Mrs. Shaheen (for herself, Mr. Kennedy , Ms. Ernst , Ms. Hirono , Mr. Risch , and Mr. Markey )) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To improve certain programs of the Small Business Administration to better assist small business customers in accessing broadband technology, and for other purposes.
1. Short title This Act may be cited as the Small Business Broadband and Emerging Information Technology Enhancement Act of 2022 . 2. Broadband and emerging information technology coordinator The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) by redesignating section 49 ( 15 U.S.C. 631 note) as section 50; and (2) by inserting after section 48 ( 15 U.S.C. 657u ) the following: 49. Broadband and emerging information technology (a) Definitions In this section— (1) the term Associate Administrator means the Associate Administrator for the Office of Investment and Innovation; (2) the term broadband means— (A) high-speed wired broadband internet; and (B) high-speed wireless internet; (3) the term broadband and emerging information technology coordinator means the employee designated to carry out the broadband and emerging information technology coordination responsibilities of the Administration under subsection (b)(1); and (4) the term emerging information technology includes— (A) data science technologies such as artificial intelligence and machine learning; (B) Internet of Things; (C) distributed ledger technologies such as blockchain; (D) cloud computing and software as a system technologies; (E) computer numerical control technologies such as 3D printing; and (F) robotics and automation. (b) Assignment of coordinator (1) Assignment of coordinator The Associate Administrator shall designate a senior employee of the Office of Investment and Innovation to serve as the broadband and emerging information technology coordinator, who— (A) shall report to the Associate Administrator; (B) shall work in coordination with— (i) the chief information officer, the chief technology officer, and the head of the Office of Technology of the Administration; and (ii) any other Associate Administrator of the Administration determined appropriate by the Associate Administrator; (C) has experience developing and implementing telecommunications policy in the private sector or government; and (D) has demonstrated significant experience in the area of broadband or emerging information technology. (2) Responsibilities of coordinator The broadband and emerging information technology coordinator shall— (A) coordinate programs of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and other emerging information technologies; (B) serve as the primary liaison of the Administration to other Federal agencies involved in broadband and emerging information technology policy, including the Department of Commerce, the Department of Agriculture, the Department of the Treasury, and the Federal Communications Commission; (C) identify best practices relating to broadband and emerging information technology that may benefit small business concerns; and (D) identify and catalog tools and training available through the resource partners of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and emerging information technologies. (3) Travel Not more than 20 percent of the hours of service by the broadband and emerging information technology coordinator during any fiscal year shall consist of travel outside the United States to perform official duties. (c) Broadband and emerging information technology training (1) Training The Associate Administrator shall provide to employees of the Administration training that— (A) familiarizes employees of the Administration with broadband and other emerging information technologies; (B) includes— (i) instruction on counseling small business concerns regarding adopting, making innovations in, and using broadband and other emerging information technologies; and (ii) information on programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies; and (C) to maximum extent practicable, uses the tools and training cataloged and identified under subsection (b)(2)(D). (2) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this subsection. (d) Reports (1) Biennial report on activities Not later than 2 years after the date on which the Associate Administrator makes the first designation of an employee under subsection (b), and every 2 years thereafter, the broadband and emerging information technology coordinator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the programs and activities of the Administration relating to broadband and other emerging information technologies. (2) Impact of broadband availability, speed, and price and emerging information technology deployment on small businesses (A) In general Subject to appropriations, the Chief Counsel for Advocacy shall conduct a study evaluating the impact of— (i) broadband availability, speed, and price on small business concerns; and (ii) emerging information technology deployment on small business concerns. (B) Report Not later than 3 years after the date of enactment of the Small Business Broadband and Emerging Information Technology Enhancement Act of 2022 , the Chief Counsel for Advocacy shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives a report on the results of the study under subparagraph (A), including— (i) a survey of broadband speeds available to small business concerns; (ii) a survey of the cost of broadband speeds available to small business concerns; (iii) a survey of the type of broadband technology used by small business concerns; (iv) a survey of the types of emerging information technologies used by small business concerns; and (v) any policy recommendations that may improve the access of small business concerns to comparable broadband services or emerging information technologies at comparable rates in all regions of the United States. . 3. Entrepreneurial development Section 21(c)(3)(B) of the Small Business Act ( 15 U.S.C. 648(c)(3)(B) ) is amended— (1) in the matter preceding clause (i), by inserting accessing broadband and other emerging information technology, after technology transfer, ; (2) in clause (ii), by striking and at the end; (3) in clause (iii), by adding and at the end; and (4) by adding at the end the following: (iv) increasing the competitiveness and productivity of small business concerns by assisting entrepreneurs in accessing broadband and other emerging information technology; . | https://www.govinfo.gov/content/pkg/BILLS-117s3906is/xml/BILLS-117s3906is.xml |
117-s-3907 | II 117th CONGRESS 2d Session S. 3907 IN THE SENATE OF THE UNITED STATES March 23, 2022 Mr. Cornyn (for himself, Ms. Stabenow , and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend part E of title IV of the Social Security Act to require the Secretary of Health and Human Services to identify obstacles to identifying and responding to children missing from foster care and other vulnerable foster youth, to provide technical assistance relating to the removal of such obstacles, and for other purposes.
1. Short title This Act may be cited as the Find and Protect Foster Youth Act . 2. Eliminating obstacles to identifying and responding to children missing from foster care and other vulnerable foster youth Section 476 of the Social Security Act ( 42 U.S.C. 676 ) is amended by adding at the end the following: (f) Evaluation of protocols relating to children missing from foster care and other vulnerable youth; technical assistance (1) In general The Secretary shall conduct an evaluation of the protocols established by States in accordance with the requirements of section 471(a)(35) and to the extent applicable, by Indian tribes or tribal organizations (as defined in section 479B(a)) or tribal consortia with a plan approved under section 471 in accordance with section 479B. (2) Requirements The evaluation shall include the following: (A) A review of relevant aspects of reports submitted by States, Indian tribes, tribal organizations, and tribal consortia under this part and part B, and data and other information reported pursuant to the system established under section 479. (B) Analysis of the extent to which States, Indian tribes, tribal organizations, and tribal consortia comply with, and enforce, the protocols required by section 471(a)(35). (C) Analysis of the effectiveness of such protocols. (D) Identification of obstacles for States, Indian tribes, tribal organizations, and tribal consortia to identifying and responding to children missing from foster care and other vulnerable foster youth. (E) Identification of best practices for identifying such children and youth and intervening with effective services. (3) Technical assistance The Secretary, through the capacity building services initiative of the Children's Bureau of the Office of the Administration for Children & Families, shall provide States, Indian tribes, tribal organizations, and tribal consortia with information, advice, educational materials, and technical assistance relating to eliminating identified obstacles to identifying and responding to children missing from foster care and other vulnerable foster youth and providing such children and youth with effective services. Such assistance may include, but is not limited to, dissemination of— (A) processes and tools to identify and examine risk factors and potential trends related to children who go missing from foster care and other vulnerable youth; (B) best practices for runaway tracking and recovery; and (C) guidelines for intervention, including with respect to services, types of providers, and placement settings. (4) Report Not later than 3 years after the date of enactment of this subsection, the Secretary shall submit a report to Congress on the results of the evaluation conducted under this subsection and the technical assistance provided in accordance with paragraph (3). (5) Limitation on authority Nothing in this subsection shall be construed as authorizing the Secretary to establish new or additional requirements for States, Indian tribes, tribal organizations, and tribal consortia relating to eliminating identified obstacles to identifying and responding to children missing from foster care and other vulnerable foster youth and providing such children and youth with effective services. . | https://www.govinfo.gov/content/pkg/BILLS-117s3907is/xml/BILLS-117s3907is.xml |
117-s-3908 | II 117th CONGRESS 2d Session S. 3908 IN THE SENATE OF THE UNITED STATES March 23, 2022 Mr. Barrasso (for himself, Mr. Daines , Mr. Marshall , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide that certain policy statements of the Federal Energy Regulatory Commission shall have no force or effect unless certain conditions are met, and for other purposes.
1. Short title This Act may be cited as the Ensuring National Security Using Reliable Energy Act or the ENSURE Act . 2. FERC applications (a) In general The following policy statements issued by the Federal Energy Regulatory Commission shall have no force or effect until the date described in subsection (b): (1) The updated policy statement entitled Updated Policy Statement on Certification of New Interstate Natural Gas Facilities (Docket No. PL18–1–000 (February 18, 2022)). (2) The interim policy statement entitled Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews (Docket No. PL21–3–000 (February 18, 2022)). (b) Date described The date referred to in subsection (a) is the later of— (1) the date on which the Electric Reliability Organization (as defined in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) )) certifies that disruption to pipeline natural gas supplies does not pose material risk to power system reliability in any season of the year in the territory served by any regional reliability entity, including the Western Electricity Coordinating Council, the Midwest Reliability Organization, the Texas Reliability Entity, and the Northeast Power Coordinating Council; and (2) the date on which, as determined by the Administrator of the Energy Information Administration, prices for natural gas and wholesale electricity do not exceed, for not fewer than 3 successive calendar quarters, the average of prices for natural gas and wholesale electricity that were in effect for calendar years 2018, 2019, and 2020. (c) Requirement to timely process FERC applications Unless and until the conditions described in paragraphs (1) and (2) of subsection (b) are met, the Federal Energy Regulatory Commission shall timely process applications under section 3(e) and section 7 of the Natural Gas Act ( 15 U.S.C. 717b(e) , 717f) pursuant to the Federal Energy Regulatory Commission 1999 Policy Statement on the Certification of New Interstate Natural Gas Facilities (Docket No. PL99–3–000 (September 15, 1999)). (d) Right To seek relief Any party aggrieved by the failure of the Federal Energy Regulatory Commission to process an application described in subsection (c) in a reasonable time period may seek equitable relief in any Federal court of competent jurisdiction. | https://www.govinfo.gov/content/pkg/BILLS-117s3908is/xml/BILLS-117s3908is.xml |
117-s-3909 | II 117th CONGRESS 2d Session S. 3909 IN THE SENATE OF THE UNITED STATES March 23, 2022 Mr. Kaine (for himself, Mr. Boozman , Ms. Hassan , and Mr. Rounds ) 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 employers of spouses of military personnel eligible for the work opportunity credit.
1. Short title This Act may be cited as the Military Spouse Hiring Act . 2. Eligibility of spouses of military personnel for the work opportunity credit (a) In general Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting , or , and by adding at the end the following new subparagraph: (K) a qualified military spouse. . (b) Qualified military spouse Subsection (d) of section 51 of such Code is amended by adding at the end the following new paragraph: (16) Qualified military spouse The term qualified military spouse means any individual who is certified by the designated local agency as being (as of the hiring date) a spouse of a member of the Armed Forces of the United States. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act to individuals who begin work for the employer after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s3909is/xml/BILLS-117s3909is.xml |
117-s-3910 | II 117th CONGRESS 2d Session S. 3910 IN THE SENATE OF THE UNITED STATES March 23, 2022 Mr. Sanders (for himself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to establish a funding program for supporting EMS organizations, and for other purposes.
1. Short title This Act may be cited as the EMS Staffing and Support Act . 2. EMS organization funding Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–7. EMS organization funding (a) Definitions In this section: (1) Indian Tribe; Tribal organization The terms Indian Tribe and Tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (2) EMS organization The term EMS organization means a public or private entity that provides medical transport and emergency medical services. (3) Emergency medical services The term emergency medical services has the meaning given such term in section 330J(e). (4) Qualified applicant The term qualified applicant means— (A) an EMS organization, other than an EMS organization that operates for profit; (B) a State, Indian Tribe, Tribal organization, county, or municipality; or (C) any other nonprofit organization that represents the interests of EMS organizations. (5) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (b) Competitive grants (1) In general Beginning in fiscal year 2023, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants on a competitive basis to qualified applicants to carry out activities described in subsection (d) in order to support EMS organizations in the United States. (2) Applications (A) In general A qualified applicant seeking a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including— (i) a description of the financial need of the qualified applicant (or each qualified applicant in the case of a joint application described in subparagraph (B)); and (ii) an analysis of the costs and benefits, with respect to improving medical transport and emergency medical services, of the activities to be carried out through the grant. (B) Joint applications A qualified applicant may submit a joint application with 1 or more other qualified applicants under this subsection. (C) Peer review of grant applications (i) In general The Secretary, after consultation with national emergency medical services organizations, shall appoint emergency medical service personnel to conduct peer reviews of applications received under this subsection. (ii) Applicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to activities carried out under this subparagraph. (D) Prioritization of grant awards In awarding grants under this subsection, the Secretary shall consider each of the following: (i) The findings and recommendations of the peer reviews carried out under subparagraph (C). (ii) The degree to which an award will improve the coverage, response times, and ability of EMS organizations to provide medical transport and emergency medical services. (iii) The extent of the need of an applicant for a grant under this subsection and the need to protect the United States as a whole. (c) Contracts or compacts with Indian Tribes and Tribal organizations (1) In general Beginning in fiscal year 2023, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award funding through contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act, distributed on a fair and equitable formula as developed through consultation with Indian Tribes and Tribal organizations, to Indian Tribes and Tribal organizations to carry out activities described in subsection (d) in order to support EMS organizations in Tribal communities. (2) Applications An Indian Tribe or Tribal organization seeking funding under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary requires through consultation with Indian Tribes and Tribal organizations. (d) Activities (1) In general Grants or other funding awarded under this section may be used to support EMS organizations through any of the following: (A) Hiring EMS organization personnel. (B) Recruiting and retaining volunteer EMS organization personnel. (C) Providing training or reimbursing personnel for training. (D) Conducting courses and implementing apprenticeship programs that qualify graduates to serve in an EMS organization in accordance with State and local requirements. (E) Purchasing necessary equipment. (F) Purchasing medicine and medical supplies. (G) Purchasing EMS vehicles. (H) Wellness and fitness programs for EMS organization personnel. (I) Modifying facilities. (J) Improving regional coordination among EMS organizations. (K) Establishing or supporting community paramedicine or mobile integrated health care initiatives. (L) Any other activity the Secretary determines appropriate. (2) Limitation No funds awarded under this section may be made available to an EMS organization that operates for profit or to otherwise support efforts to establish or provide emergency medical services, or medical transport, for profit. (e) Amount Each grant awarded under subsection (b), or funding through a contract or compact under subsection (c), shall be in an amount not to exceed $1,000,000. (f) Appropriations (1) Awards (A) In general There is authorized to be appropriated, and there is appropriated, to the Secretary to award grants, and funding through contracts or compacts, under this section— (i) for fiscal year 2023, $500,000,000; and (ii) for each fiscal year thereafter, the amount authorized under this subparagraph for the preceding fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the most recent 12-month period for which applicable data is available. (B) Contracts and compacts Of the amount appropriated under subparagraph (A) for each fiscal year, not less than 5 percent shall be set aside to carry out subsection (c). (2) Technical assistance There is authorized to be appropriated, and there is appropriated, to the Secretary to provide technical assistance to entities completing and submitting applications under this section— (A) for fiscal year 2023, $10,000,000; and (B) for each fiscal year thereafter, the amount authorized under this paragraph for the preceding fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the most recent 12-month period for which applicable data is available. . 3. Reports (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Administrator of the Centers for Medicare & Medicaid Services, the Administrator of the Health Resources and Services Administration, the Assistant Secretary for Preparedness and Response, and EMS stakeholders, shall submit to Congress a report detailing the challenges, disparities, and inadequacies in providing Federal, State, and private (including commercial insurers) reimbursement for medical transport and emergency medical services and providing recommendations for improvement with respect to providing such reimbursement. (b) Rural EMS organizations Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Administrator of the Centers for Medicare & Medicaid Services, the Administrator of the Health Resources and Services Administration, the Assistant Secretary for Preparedness and Response, and EMS stakeholders, shall submit to Congress a report on the challenges specific to rural EMS organizations, including with respect to Federal, State, and private (including private insurers) reimbursement rates and policies, and develop an action plan to address those challenges through grants and other administrative action. | https://www.govinfo.gov/content/pkg/BILLS-117s3910is/xml/BILLS-117s3910is.xml |
117-s-3911 | II 117th CONGRESS 2d Session S. 3911 IN THE SENATE OF THE UNITED STATES March 23, 2022 Mr. Kaine (for himself and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To establish the Shenandoah Mountain National Scenic Area in the State of Virginia, and for other purposes.
1. Short title This Act may be cited as the Shenandoah Mountain Act of 2022 . 2. Definitions In this Act: (1) National Scenic Area (A) In general The term National Scenic Area means the Shenandoah Mountain National Scenic Area established by section 3(a). (B) Inclusions The term National Scenic Area includes— (i) any National Forest System land within the boundary of the National Scenic Area that is administered as part of the National Scenic Area; and (ii) any National Forest System land embedded in the National Scenic Area that is administered as a component of the National Wilderness Preservation System under the amendments made by section 4. (2) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (3) State The term State means the State of Virginia. (4) Wilderness area The term Wilderness Area means a wilderness area designated by paragraphs (21) through (25) of section 1 of Public Law 100–326 ( 16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123 Stat. 1002) (as added by section 4). 3. Establishment of the Shenandoah Mountain National Scenic Area (a) Establishment Subject to valid existing rights, there is established the Shenandoah Mountain National Scenic Area, consisting of approximately 92,449 acres of National Forest System land in the George Washington National Forest, as generally depicted on the map filed under section 5(a)(1). (b) Purposes The purposes of the National Scenic Area are— (1) to ensure the protection and preservation of the scenic quality, water quality, natural characteristics, and water resources of the National Scenic Area; (2) to protect wildlife, fish, and plant habitat in the National Scenic Area; (3) to protect outstanding natural biological values and habitat for plant and animal species along the Shenandoah Mountain crest above 3,000 feet elevation, including the Cow Knob salamander; (4) to protect forests in the National Scenic Area that may develop characteristics of old-growth forests; (5) to protect the Wilderness Areas; and (6) to provide for a variety of, and improve existing, recreation opportunities in the National Scenic Area in a manner consistent with the purposes of the National Scenic Area described in paragraphs (1) through (5). (c) Administration (1) In general Except as provided in paragraph (2), the Secretary shall administer the National Scenic Area in accordance with— (A) this section; and (B) the laws (including regulations) generally applicable to the National Forest System. (2) Exception Subject to valid existing rights, the Secretary shall administer the Wilderness Areas in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and any other laws applicable to the Wilderness Areas, except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering the Wilderness Areas. (3) Effect; conflicts (A) Effect The establishment of the National Scenic Area shall not affect the administration of the Wilderness Areas. (B) Conflicts In the case of any conflict between the laws applicable to the Wilderness Areas, the Wilderness Act ( 16 U.S.C. 1131 et seq. ) shall control. (4) No buffer zones (A) In general Nothing in this section creates a protective perimeter or buffer zone around the National Scenic Area or a Wilderness Area. (B) Activities outside national scenic area or wilderness areas The fact that an activity or use on land outside the National Scenic Area or a Wilderness Area can be seen or heard within the National Scenic Area or Wilderness Area shall not preclude the activity or use outside the boundaries of the National Scenic Area or Wilderness Area. (d) Recreational uses (1) In general Except as otherwise provided in this section or under applicable law, the Secretary shall authorize the continuation of, or seek to improve, authorized recreational uses of the National Scenic Area in existence on the date of enactment of this Act. (2) Effect Nothing in this section interferes with the authority of the Secretary— (A) to maintain or improve nonmotorized trails and recreation sites within the National Scenic Area; (B) to construct new nonmotorized trails and recreation sites within the National Scenic Area; (C) to adjust recreational uses within the National Scenic Area for reasons of sound resource management or public safety; and (D) to approve and issue or deny special use permits in connection with recreation within the National Scenic Area. (3) Requirement Recreation within the National Scenic Area shall be conducted in a manner consistent with the purposes of the National Scenic Area described in subsection (b). (e) Trail plan (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a trail plan for National Forest System land in the National Scenic Area that is not a Wilderness Area, in order to maintain, improve, and develop nonmotorized recreation trails on the National Forest System land in a manner consistent with the purposes of the National Scenic Area described in subsection (b). (2) Potential inclusion The Secretary may address in the trail plan developed under paragraph (1) National Forest System land that is near, but not within the boundary of, the National Scenic Area. (3) Consultation In developing the trail plan under paragraph (1), the Secretary shall consult with interested parties, including members of the public. (4) Requirements The trail plan developed under paragraph (1) shall— (A) promote sustainable trail management that protects natural resources and provides diverse, high-quality, and safe recreation opportunities, which may include loop trails for all nonmotorized uses; (B) consider natural resource protection, trail sustainability, and trail maintenance needs as primary factors in determining the location or relocation of trails; and (C) develop a trail outside of the Little River Wilderness Area in the area of the Tillman Road corridor (along Forest System road 101) to connect the Wolf Ridge Trail parking area to the Wild Oak National Recreation Trail, as generally depicted on the applicable map filed under section 5(a)(2). (5) Implementation report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the implementation of the trail plan developed under paragraph (1), including the identification of the trail described in paragraph (4)(C) and any other priority trails identified for development. (f) Roads (1) In general The establishment of the National Scenic Area shall not— (A) result in the closure of any National Forest System roads, as generally depicted on the map filed under section 5(a)(1); or (B) modify public access within the National Scenic Area. (2) No new roads No new roads shall be constructed in the National Scenic Area after the date of enactment of this Act. (3) Effect Nothing in this section— (A) denies any owner of private land or an interest in private land that is located within the National Scenic Area the right to access the private land; (B) alters the authority of the Secretary to open or close roads in the National Scenic Area in existence on the date of enactment of this Act in furtherance of the purposes of this Act; or (C) alters the authority of the State— (i) to maintain the access road to the crest of Shenandoah Mountain (Route 924); or (ii) to realign the access road described in clause (i) if necessary for reasons of sound resource management or public safety. (4) Parking areas (A) In general Subject to subparagraph (B), the reconstruction, minor relocation, and construction of parking areas in the National Scenic Area is authorized in a manner consistent with the purposes of the National Scenic Area described in subsection (b). (B) Limitation Additional trailhead parking areas authorized in the National Scenic Area under subparagraph (A) may only be constructed along National Forest System roads. (g) Motorized vehicles Motorized travel shall only be allowed on roads within the portions of the National Scenic Area that are not Wilderness Areas, in a manner consistent with subsection (f). (h) Water The Secretary shall administer the National Scenic Area in a manner that maintains and enhances water quality. (i) Water impoundments The establishment of the National Scenic Area shall not prohibit— (1) the operation, maintenance, or improvement of, or access to, dams, reservoirs, or related infrastructure in existence on the date of enactment of this Act, as generally depicted on the map filed under section 5(a)(1); or (2) the establishment of new dams, reservoirs, or related infrastructure if necessary for municipal use. (j) Timber harvest (1) In general Except as provided in paragraph (2), no harvesting of timber shall be allowed within the National Scenic Area. (2) Exceptions (A) Necessary harvesting The Secretary may authorize harvesting of timber in the National Scenic Area if the Secretary determines that the harvesting is necessary— (i) to control fire; (ii) to provide for public safety or trail access; (iii) to construct or maintain overlooks and vistas; or (iv) to control insect or disease outbreaks. (B) Firewood for personal use Firewood may be harvested for personal use along roads within the National Scenic Area, subject to any conditions that the Secretary may require. (k) Insect and disease outbreaks (1) In general Subject to paragraph (2), the Secretary may carry out activities necessary to control insect and disease outbreaks in a manner consistent with the purposes of the National Scenic Area described in subsection (b)— (A) to maintain scenic quality; (B) to reduce hazards to visitors; or (C) to protect private land. (2) Limitations For purposes of activities carried out under paragraph (1)— (A) native forest insect and disease outbreaks shall be controlled only— (i) to prevent unacceptable damage to resources on adjacent land; or (ii) to protect threatened, endangered, sensitive, or locally rare species, with biological control methods being favored; and (B) nonnative insects and diseases may be eradicated or suppressed only in order to prevent a loss of a special biological community. (l) Vegetation management The Secretary may engage in vegetation manipulation practices within the National Scenic Area in a manner consistent with the purposes of the National Scenic Area described in subsection (b)— (1) to maintain wildlife clearings and scenic enhancements in existence on the date of enactment of this Act; or (2) to construct not more than 100 acres of additional wildlife clearings by— (A) expanding wildlife clearings in existence on the date of enactment of this Act; or (B) constructing new wildlife clearings of approximately 2 to 5 acres. (m) Wildfire suppression (1) In general Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from carrying out wildfire suppression activities within the National Scenic Area. (2) Requirements Wildfire suppression activities within the National Scenic Area shall be carried out— (A) in a manner consistent with the purposes of the National Scenic Area described in subsection (b); and (B) using such means as the Secretary determines to be appropriate. (n) Prescribed fire Nothing in this section prohibits the Secretary from conducting prescribed burns within the National Scenic Area in a manner consistent with the purposes of the National Scenic Area described in subsection (b). (o) Withdrawal (1) In general Subject to valid existing rights, all Federal land within the National Scenic Area is withdrawn from— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; (C) operation of the mineral leasing and geothermal leasing laws; (D) wind energy development; and (E) designation of new utility corridors, utility rights-of-way, or communication sites. (2) Effect The withdrawal under paragraph (1) shall not deny access to private interests within the National Scenic Area. (p) Management plan (1) In general As soon as practicable after the date of the completion of the trail plan under subsection (e), but not later than 2 years after the date of enactment of this Act, the Secretary shall develop as an amendment to the land and resource management plan for the George Washington National Forest a management plan for the National Scenic Area that is consistent with this section. (2) Effect Nothing in this subsection requires the Secretary to revise the land and resource management plan for the George Washington National Forest under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). 4. Designation of wilderness areas Section 1 of Public Law 100–326 ( 16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123 Stat. 1002) is amended by adding at the end the following: (21) Skidmore Fork Wilderness Certain land in the George Washington National Forest comprising approximately 5,079 acres, as generally depicted on the applicable map filed under section 5(a)(2) of the Shenandoah Mountain Act of 2022 , which shall be known as the Skidmore Fork Wilderness . (22) Ramseys draft wilderness addition Certain land in the George Washington National Forest comprising approximately 6,963 acres, as generally depicted on the applicable map filed under section 5(a)(2) of the Shenandoah Mountain Act of 2022 , which shall be incorporated into the Ramseys Draft Wilderness designated by Public Law 98–586 ( 16 U.S.C. 1132 note; 98 Stat. 3106). (23) Lynn hollow wilderness Certain land in the George Washington National Forest comprising approximately 3,574 acres, as generally depicted on the applicable map filed under section 5(a)(2) of the Shenandoah Mountain Act of 2022 , which shall be known as the Lynn Hollow Wilderness . (24) Little river wilderness Certain land in the George Washington National Forest comprising approximately 12,461 acres, as generally depicted on the applicable map filed under section 5(a)(2) of the Shenandoah Mountain Act of 2022 , which shall be known as the Little River Wilderness . (25) Beech lick knob wilderness Certain land in the George Washington National Forest comprising approximately 5,764 acres, as generally depicted on the applicable map filed under section 5(a)(2) of the Shenandoah Mountain Act of 2022 , which shall be known as the Beech Lick Knob Wilderness . . 5. Maps and boundary descriptions (a) Filing As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives maps and boundary descriptions of— (1) the National Scenic Area; and (2) each of the Wilderness Areas. (b) Force and effect The maps and boundary descriptions filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the maps and boundary descriptions. (c) Maps control In the case of any discrepancy between the acreage of the National Scenic Area or a Wilderness Area and the applicable map filed under subsection (a), the applicable map filed under that subsection shall control. (d) Availability The maps and boundary descriptions filed under subsection (a) shall be on file and available for public inspection in the office of the Chief of the Forest Service. | https://www.govinfo.gov/content/pkg/BILLS-117s3911is/xml/BILLS-117s3911is.xml |
117-s-3912 | II 117th CONGRESS 2d Session S. 3912 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Risch (for himself, Mr. Crapo , 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 amend the National Labor Relations Act and the Labor Management Relations Act, 1947 to deter labor slowdowns and prohibit labor organizations from blocking modernization efforts at ports of the United States, and for other purposes.
1. Short title This Act may be cited as the Preventing Labor Union Slowdowns Act of 2022 or the PLUS Act of 2022 . 2. Deterring labor slowdowns and prohibiting labor organizations from blocking modernization at ports (a) Amendments to the National Labor Relations Act (1) Findings and policy Section 1 of the National Labor Relations Act ( 29 U.S.C. 151 ) is amended by adding at the end the following: International trade is one of the most important components of the economy of the United States and will likely continue to grow in the future. In order to remain competitive in an increasingly competitive global economy, it is essential that the United States possess a highly efficient and reliable public and private transportation network. The ports of the United States are an increasingly important part of such transportation network. Experience has demonstrated that frequent and periodic disruptions to commerce in the maritime industry in the form of deliberate and unprotected labor slowdowns, or impediments to modernization, at the ports of the United States have led to substantial supply chain and economic disruptions, interfering with the free flow of domestic and international commerce and threatening the economic health of the United States, as well as its citizens and businesses. Such frequent and periodic disruptions to commerce in the maritime industry hurt the reputation of the United States in the global economy, cause the ports of the United States to lose business, and represent a serious and burgeoning threat to the financial health and economic stability of the United States. It is hereby declared to be the policy of the United States to eliminate the causes and mitigate the effects of such disruptions to commerce in the maritime industry and to provide effective and prompt remedies to individuals injured by such disruptions. . (2) Deterring labor slowdowns at ports The National Labor Relations Act is amended— (A) in section 2 ( 29 U.S.C. 152 ), by adding at the end the following: (15) The term employee engaged in maritime employment has the meaning given the term employee in section 2(3) of the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. 902(3) ). (16) The term labor slowdown — (A) includes any intentional effort by employees to reduce productivity or efficiency in the performance of any duty of such employees; and (B) does not include any such effort required by the good faith belief of such employees that an abnormally dangerous condition exists at the place of employment of such employees. ; and (B) in section 8(b) ( 29 U.S.C. 158(b) )— (i) in paragraph (6), by striking and after the semicolon; (ii) in paragraph (7), by striking the period at the end of the matter following subparagraph (C) and inserting a semicolon; and (iii) by adding at the end the following: (8) in representing, or seeking to represent, employees engaged in maritime employment, to engage in a labor slowdown at any time, including when a collective-bargaining agreement is in effect; and . (3) Prohibiting labor organizations from blocking modernization at ports Section 8(b) of the National Labor Relations Act ( 29 U.S.C. 158(b) ), as amended by paragraph (2)(B), is further amended by adding at the end the following: (9) in representing, or seeking to represent, employees engaged in maritime employment, to— (A) impede or attempt to impede modernization efforts at a port, which thereby interferes with or otherwise impedes economic activity in relation to the national supply chain; or (B) interfere with or otherwise impede the servicing of any automated vessel operating without a crew. . (4) Preventing unfair labor practices Section 10(l) of the National Labor Relations Act ( 29 U.S.C. 160(l) ) is amended in the first sentence, by striking or section 8(b)(7) and inserting or paragraph (7), (8), or (9) of section 8(b) . (b) Amendments to the Labor Management Relations Act, 1947 Section 303 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 187 ) is amended— (1) in subsection (a), by striking in section 8(b)(4) and inserting under paragraph (4), (8), or (9) of section 8(b) ; (2) in subsection (b), by adding at the end the following: With respect to any unfair labor practice under paragraph (8) or (9) of section 8(b) of the National Labor Relations Act ( 29 U.S.C. 158(b) ), the damages recovered shall be in an amount equal to 2 times the amount of damages sustained and the cost of the suit shall include any reasonable attorney fees and expert witness fees. ; and (3) by adding at the end the following: (c) In an action for damages resulting from a violation of section 8(b)(8) of the National Labor Relations Act ( 29 U.S.C. 158(b)(8) ), it shall not be a defense that the injured party has, in any manner, waived, or purported to waive, the right of such party to pursue monetary damages relating to the labor slowdown at issue— (1) in connection with a contractual grievance alleging a violation of a clause prohibiting a strike, or a similar clause, in a collective-bargaining agreement; or (2) in connection with an action for a breach of such a clause under section 301. . | https://www.govinfo.gov/content/pkg/BILLS-117s3912is/xml/BILLS-117s3912is.xml |
117-s-3913 | II 117th CONGRESS 2d Session S. 3913 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Kaine (for himself, Ms. Baldwin , Ms. Smith , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act with respect to public health data accessibility, and for other purposes.
1. Short title This Act may be cited as the Improving Data Accessibility Through Advancements in Public Health Act or the Improving DATA in Public Health Act . 2. Supporting public health data availability and access (a) Designation of public health data standards Section 2823(a)(2) of the Public Health Service Act ( 42 U.S.C. 300hh–33(a)(2) ) is amended— (1) by striking In carrying out and inserting the following: (A) In general In carrying out ; (2) by striking shall, as appropriate and and inserting shall, not later than 2 years after the date of enactment of the Improving DATA in Public Health Act , ; and (3) by adding at the end the following: (B) Selection of data and technology standards The standards designated as described in subparagraph (A) may include standards to improve— (i) the exchange of electronic health information for— (I) electronic case reporting; (II) syndromic surveillance; (III) reporting of vital statistics; and (IV) reporting test orders and results electronically, including from laboratories; (ii) automated electronic reporting to relevant public health data systems of the Centers for Disease Control and Prevention; and (iii) such other use cases as the Secretary determines appropriate. (C) No duplicative efforts (i) In general In carrying out the requirements of this paragraph, the Secretary, in consultation with the Office of the National Coordinator for Health Information Technology, may use input gathered (including input and recommendations gathered from the Health Information Technology Advisory Committee), and materials developed, prior to the date of enactment of the Improving DATA in Public Health Act . (ii) Designation of standards Consistent with sections 13111 and 13112 of the HITECH Act, the data and technology standards designated pursuant to this paragraph shall align with the standards and implementation specifications previously adopted by the Secretary pursuant to section 3004, as applicable. (D) Privacy and security Nothing in this paragraph shall be construed as modifying applicable Federal or State information privacy or security law. (E) Considerations Standards designated under this paragraph shall include standards and implementation specifications necessary to ensure the appropriate capture, exchange, access, and use, of information regarding race, ethnicity, sex (including sexual orientation and gender identity), disability status, veteran status, housing status, age, functional status, and other elements. . (b) Study on laboratory information standards (1) In general Not later than 1 year after the date of enactment of this Act, the Office of the National Coordinator for Health Information Technology shall conduct a study to review the use of standards for electronic ordering and reporting of laboratory test results. (2) Areas of concentration In conducting the study under paragraph (1), the Office of the National Coordinator for Health Information Technology shall— (A) determine the extent to which clinical laboratories are using standards for electronic ordering and reporting of laboratory test results; (B) assess trends in laboratory compliance with standards for ordering and reporting laboratory test results and the effect of such trends on the interoperability of laboratory data with public health data systems; (C) identify challenges related to collection and reporting of demographic and other data elements with respect to laboratory test results; (D) identify any challenges associated with using or complying with standards and reporting laboratory test results with data elements identified in standards for electronic ordering and reporting of such results; and (E) review other relevant areas determined appropriate by the Office of the National Coordinator for Health Information Technology. (3) Report Not later than 2 years after the date of enactment of this Act, the Office of the National Coordinator for Health Information Technology shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning the findings of the study conducted under paragraph (1). (c) Supporting information sharing through data use agreements (1) Interagency data use agreements within the Department of Health and Human Services for public health emergencies (A) In general The Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall, as appropriate, facilitate the development of, or updates to, memoranda of understanding, data use agreements, or other applicable interagency agreements regarding appropriate access, exchange, and use of public health data between the Centers for Disease Control and Prevention, the Office of the Assistant Secretary for Preparedness and Response, other relevant agencies or offices within the Department of Health and Human Services, and other relevant Federal agencies, in order to prepare for, identify, monitor, and respond to declared or potential public health emergencies. (B) Requirements In carrying out activities pursuant to subparagraph (A), the Secretary shall— (i) ensure that the agreements and memoranda of understanding described in such subparagraph— (I) address the methods of granting access to data held by one agency or office with another to support the respective missions of such agencies or offices; (II) consider minimum necessary principles of data sharing for appropriate use; (III) include appropriate privacy and cybersecurity protections; and (IV) are subject to regular updates, as appropriate; (ii) collaborate with the Centers for Disease Control and Prevention, the Office of the Assistant Secretary for Preparedness and Response, the Office of the Chief Information Officer, and, as appropriate, the Office of the National Coordinator for Health Information Technology, and other entities within the Department of Health and Human Services; and (iii) consider the terms and conditions of any existing data use agreements with other public or private entities and any need for updates to such existing agreements, consistent with paragraph (2). (2) Data use agreements with external entities The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Preparedness and Response, may update memoranda of understanding, data use agreements, or other applicable agreements and contracts to improve appropriate access, exchange, and use of public health data between the Centers for Disease Control and Prevention and the Office of the Assistant Secretary for Preparedness and Response and external entities, including State, Tribal, and territorial health departments, laboratories, hospitals and other health care providers, electronic health records vendors, and other entities, as applicable and appropriate, in order to prepare for, identify, monitor, and respond to declared or potential public health emergencies. (3) Report Not later than 90 days after the date of enactment of this Act, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the status of the agreements under this subsection. (d) Improving information sharing and availability of public health data Part A of title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: 310B. Improving information sharing and availability of public health data (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may require the reporting of public health and health care data and information to the Centers for Disease Control and Prevention by— (1) health care providers and facilities, including pharmacies; (2) public health, clinical, and other laboratories and diagnostic testing entities; (3) State, local, and Tribal health departments; (4) health information exchanges and health information networks; and (5) other entities, as determined by the Secretary. (b) Content, form, and manner The Secretary shall prescribe the content, form, manner, and frequency of the reporting of public health and health care data and information required by subsection (a), including necessary demographic data or other data elements that the Secretary determines is necessary for public health surveillance under this section. The Secretary may collaborate with representatives of State, local, and Tribal health departments and other entities, in developing the content, form, manner, and frequency requirement under this subsection. Such requirements shall align with the standards and implementation specifications adopted by the Secretary under section 3004, as applicable. (c) Decreased burden The Secretary shall make reasonable efforts to limit public health and health care data and information reported under this section to the minimum necessary information needed to accomplish the intended public health purpose. (d) Access by relevant public health authorities The Secretary shall collaborate with representatives of State, local, and Tribal health departments, and entities representing such departments to ensure data collected under this section is accessible, as appropriate, to State, local, or Tribal health authorities. Nothing in this section shall be construed to limit the authority to share public health surveillance data with State, local, or Tribal health authorities. (e) Exemption of certain public health data from disclosure The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health data that are collected by the Centers for Disease Control and Prevention, if— (1) an individual is identified through such data; or (2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the information, the request, and other available data sources or the application of technology could be used to deduce the identity of an individual. . (e) Improving public health data collection (1) In general The Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall award grants, contracts, or cooperative agreements to eligible entities for purposes of identifying, developing, or disseminating best practices in the collection of electronic health information and the use of designated data standards and implementation specifications to improve the quality and completeness of data, including demographic data, collected, accessed, or used for public health purposes and to address health disparities and related health outcomes. (2) Eligible entities To be eligible to receive an award under this subsection an entity shall— (A) be a health care provider, academic medical center, community-based organization, State, local governmental entity, Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self Determination and Education Assistance Act ( 25 U.S.C. 5304 )), urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )), or other appropriate public or private nonprofit entity, or a consortia of any such entities; and (B) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Activities Entities receiving awards under this subsection shall use such award to develop and test best practices for training health care providers to use standards and implementation specifications that assist in the capture, access, exchange, and use of electronic health information, including demographic information, disability status, veteran status, housing status, functional status, and other data elements. Such activities shall include, at a minimum— (A) improving, understanding, and using data standards and implementation specifications; (B) developing or identifying methods to improve communication with patients in a culturally and linguistically appropriate manner, including to better capture information related to demographics of such individuals; (C) developing methods for accurately categorizing and recording patient responses using available data standards; (D) educating providers regarding the utility of such information for public health purposes and the importance of accurate collection and recording of such data; and (E) other activities, as the Secretary determines appropriate. (4) Reporting (A) Reporting by award recipients Each recipient of an award under this subsection shall submit to the Secretary a report on the results of best practices identified, developed, or disseminated through such award. (B) Report to congress Not later than 1 year after the completion of the program under this subsection, the Secretary shall submit a report to Congress on the success of best practices developed under such program, opportunities for further dissemination of such best practices, and recommendations for improving the capture, access, exchange, and use of information to improve public health and reduce health disparities. (5) Non-duplication of efforts The Secretary shall ensure that the activities and programs carried out under this subsection are free of unnecessary duplication of effort. (6) Authorization of appropriations There are authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2025 to carry out this subsection. (f) Information collection Section 319D(a) of the Public Health Service Act ( 42 U.S.C. 247d–4(a) ) is amended by adding the following new paragraph: (5) Information collection Subchapter I of chapter 35 of title 44, United States Code, shall not apply to information collection by the Centers for Disease Control and Prevention, including the Agency for Toxic Substances and Disease Registry, that are part of investigations, research, surveillance, or evaluations undertaken for public health purposes. . | https://www.govinfo.gov/content/pkg/BILLS-117s3913is/xml/BILLS-117s3913is.xml |
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