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117-s-3914 | II 117th CONGRESS 2d Session S. 3914 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Rounds introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Securities and Exchange Commission to revise the definition of a qualifying investment, for purposes of the exemption from registration for venture capital fund advisers under the Investment Advisers Act of 1940, to include an equity security issued by a qualifying portfolio company and to include an investment in another venture capital fund, and for other purposes.
1. Short title This Act may be cited as the Developing and Empowering our Aspiring Leaders Act of 2022 . 2. Definitions Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall— (1) revise the definition of a qualifying investment under paragraph (c) of section 275.203(l)–1 of title 17, Code of Federal Regulations— (A) to include an equity security issued by a qualifying portfolio company, whether acquired directly from the company or in a secondary acquisition; and (B) to specify that an investment in another venture capital fund is a qualifying investment under that definition; and (2) revise paragraph (a) of section 275.203(l)–1 of title 17, Code of Federal Regulations, to require, as a condition of a private fund qualifying as a venture capital fund under that paragraph, that the qualifying investments of the private fund are— (A) predominantly qualifying investments that were acquired directly from a qualifying portfolio company; or (B) predominantly qualifying investments in another venture capital fund or other venture capital funds. | https://www.govinfo.gov/content/pkg/BILLS-117s3914is/xml/BILLS-117s3914is.xml |
117-s-3915 | II 117th CONGRESS 2d Session S. 3915 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Barrasso (for himself and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to provide technology grants to strengthen domestic mining education, and for other purposes.
1. Short title This Act may be cited as the Technology Grants to Strengthen Domestic Mining Education Act of 2022 or the Mining Schools Act of 2022 . 2. Technology grants to strengthen domestic mining education (a) Definitions In this section: (1) Board The term Board means the Mining Professional Development Advisory Board established by subsection (d)(1). (2) Mining industry The term mining industry means the mining industry of the United States, consisting of the search for, and extraction, beneficiation, refining, smelting, and processing of, naturally occurring metal and nonmetal minerals from the earth. (3) Mining profession The term mining profession means the body of jobs directly relevant to— (A) the exploration, planning, execution, and remediation of metal and nonmetal mining sites; and (B) the extraction, including the separation, refining, alloying, smelting, concentration, and processing, of mineral ores. (4) Mining school The term mining school means— (A) a mining, metallurgical, geological, or mineral engineering program accredited by the Accreditation Board for Engineering and Technology, Inc., that is located at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); and (B) a geology or engineering program or department that is located at a 4-year public institution of higher education (as so defined) located in a State the gross domestic product of which in 2020 was not less than $2,000,000,000 in the combined categories of “Mining (except oil and gas)” and “Support activities for mining”, according to the Bureau of Economic Analysis. (5) Secretary The term Secretary means the Secretary of Energy. (b) Domestic mining education strengthening program The Secretary shall establish a program to strengthen domestic mining education under which the Secretary shall award competitive grants to mining schools for the purpose of recruiting and educating the next generation of mining engineers and other qualified professionals to meet the future energy and mineral needs of the United States. (c) Grants (1) In general In carrying out the grant program established under subsection (b), the Secretary shall award not more than 10 grants each year to mining schools. (2) Selection requirements (A) In general To the maximum extent practicable, the Secretary shall select recipients for grants under paragraph (1) to ensure geographic diversity among grant recipients to ensure that region-specific specialties are developed for region-specific geology. (B) Timeline (i) In general The Secretary shall award the first grants under paragraph (1) by not later than 1 year after the date of enactment of this Act. (ii) Subsequent grants Each year following the first year in which grants are awarded pursuant to clause (i), the Secretary shall award subsequent grants by not later than 1 year after the date on which the grants were awarded the previous year. (3) Recommendations of the Board In selecting recipients for grants under paragraph (1) and determining the amount of each grant, the Secretary shall take into consideration the recommendations of the Board under subparagraphs (A) and (B) of subsection (d)(3). (4) Use of funds A mining school receiving a grant under paragraph (1) shall use the grant funds— (A) to recruit students to the mining school; and (B) to enhance and support programs related to, as applicable— (i) mining, mineral extraction efficiency, and related processing technology; (ii) emphasizing critical mineral and rare earth element exploration, extraction, and refining; (iii) reclamation technology and practices for active mining operations; (iv) the development of reprocessing systems and technologies that facilitate reclamation that fosters the recovery of resources at abandoned mine sites; (v) mineral extraction methods that reduce environmental and human impacts; (vi) technologies to extract, refine, separate, melt, or produce minerals, including rare earth elements; (vii) reducing dependence on foreign energy and mineral supplies through increased domestic critical mineral production; (viii) enhancing the competitiveness of United States energy and mineral technology exports; (ix) the extraction or processing of coinciding mineralization, including rare earth elements, within coal, coal processing byproduct, overburden, or coal residue; (x) enhancing technologies and practices relating to mitigation of acid mine drainage, reforestation, and revegetation in the reclamation of land and water resources adversely affected by mining; (xi) enhancing exploration and characterization of new or novel deposits, including rare earth elements and critical minerals within phosphate rocks, uranium-bearing deposits, and other nontraditional sources; (xii) meeting challenges of extreme mining conditions, such as deeper deposits or offshore or cold region mining; and (xiii) mineral economics, including analysis of supply chains, future mineral needs, and unconventional mining resources. (d) Mining Professional Development Advisory Board (1) In general There is established an advisory board, to be known as the Mining Professional Development Advisory Board . (2) Composition The Board shall be composed of 6 members, to be appointed by the Secretary not later than 180 days after the date of enactment of this Act, of whom— (A) 3 shall be individuals who are actively working in the mining profession and for the mining industry; and (B) 3 shall have experience in academia implementing and operating professional skills training and education programs in the mining sector. (3) Duties The Board shall— (A) evaluate grant applications received under subsection (c) and make recommendations to the Secretary for selection of grant recipients under that subsection; (B) propose the amount of the grant for each applicant recommended to be selected under subparagraph (A); and (C) perform oversight to ensure that grant funds awarded under subsection (c) are used for the purposes described in paragraph (4) of that subsection. (4) Term A member of the Board shall serve for a term of 4 years. (5) Vacancies A vacancy on the Board— (A) shall not affect the powers of the Board; and (B) shall be filled in the same manner as the original appointment was made by not later than 180 days after the date on which the vacancy occurs. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2030. (2) Requirement At the end of each fiscal year, any amounts made available under paragraph (1) for that fiscal year that are not awarded as grants under subsection (c) shall be returned to the Treasury. | https://www.govinfo.gov/content/pkg/BILLS-117s3915is/xml/BILLS-117s3915is.xml |
117-s-3916 | II 117th CONGRESS 2d Session S. 3916 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Rounds introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To permit the Securities and Exchange Commission to increase regulatory exemption thresholds, and for other purposes.
1. Short title This Act may be cited as the Increasing Opportunities for Retail Investors Act . 2. Regulatory dollar thresholds and limitations Notwithstanding any other provision of law or regulation, the Securities and Exchange Commission, in order to reduce any regulatory obligation (or any restriction) on any entity, may, as the Commission determines appropriate, increase any dollar threshold or limitation by rule of the Commission, including any dollar threshold or limitation under— (1) section 230.251(a)(1) of title 17, Code of Federal Regulations, or any successor regulation; (2) section 230.251(a)(2) of title 17, Code of Federal Regulations, or any successor regulation; (3) section 230.504 of title 17, Code of Federal Regulations, or any successor regulation; (4) section 227.100(a)(1) of title 17, Code of Federal Regulations, or any successor regulation; (5) section 229.10(f) of title 17, Code of Federal Regulations, or any successor regulation; (6) section 230.405 of title 17, Code of Federal Regulations, or any successor regulation; or (7) section 240.12b–2 of title 17, Code of Federal Regulations, or any successor regulation. 3. Jobs act-related exemption Section 3(b) of the Securities Act of 1933 ( 15 U.S.C. 77c(b) ) is amended— (1) in paragraph (2)(A), by striking $50,000,000 and inserting $75,000,000, adjusted for inflation by the Commission every 2 years to the nearest $10,000 to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics ; and (2) in paragraph (5)— (A) in the first sentence, by striking such amount as and inserting the following: such amount, as adjusted for inflation under paragraph (2)(A), as ; and (B) in the second sentence, by striking such amount and inserting the following: such amount, as adjusted for inflation under paragraph (2)(A) . 4. Crowdfunding exemption (1) Increase in limit of amount sold in reliance on the crowdfunding exemption Section 4(a)(6)(A) of the Securities Act of 1933 ( 15 U.S.C. 77d(a)(6)(A) ) is amended by striking $1,000,000 and inserting $5,000,000 . (2) Clarification of transaction caps Section 4(a)(6)(B) of the Securities Act of 1933 ( 15 U.S.C. 77d(a)(6)(B) ) is amended— (A) in clause (i), by inserting the greater of after 5 percent of ; and (B) in clause (ii), by inserting the greater of after 10 percent of . | https://www.govinfo.gov/content/pkg/BILLS-117s3916is/xml/BILLS-117s3916is.xml |
117-s-3917 | II 117th CONGRESS 2d Session S. 3917 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Inhofe (for himself, Mr. Braun , Mrs. Blackburn , Mr. Kennedy , Mr. Paul , Mr. Scott of Florida , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To apply the Medicaid asset verification program to all applicants for, and recipients of, medical assistance in all States and territories, and for other purposes.
1. Short title This Act may be cited as the Protecting Medicaid Beneficiaries Act of 2022 . 2. Findings Congress makes the following findings: (1) Recent estimates show that the Social Security program loses over $4,000,000,000 per year to fraud. (2) In fiscal year 2020, the Medicaid program lost $86,490,000,000 in improper payments and the Medicare program lost another almost $43,000,000,000. (3) The fiscal year 2020 national Children's Health Insurance Program (CHIP) improper payment rate estimate is 27 percent, representing $4,780,000,000 in improper payments. (4) Millions of Americans experience homelessness, hunger, or lack of healthcare coverage. Yet, our country annually wastes more than $130,000,000,000 in the very programs that were designed to correct these serious problems, demonstrating that our system is failing those who need it the most. 3. Application of Medicaid asset test to all applicants for, and recipients of, medical assistance in all States and territories (a) In general Section 1940 of the Social Security Act ( 42 U.S.C. 1396w ) is amended— (1) in subsection (a), by striking paragraph (4); and (2) in subsection (b)(1)(A), by striking on the basis of being aged, blind, or disabled . (b) Rules The Secretary of Health and Human Services shall promulgate such rules as are necessary to implement the amendments made by subsection (a). (c) Effective date (1) In general Subject to 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) Phase-in of implementation (A) In general During the 2-year period that begins on the date of enactment of this Act, the Secretary of Health and Human Services shall require States to submit and implement a plan for an electronic asset verification program that meets the requirements under section 1940 of the Social Security Act (as amended by subsection (a)). (B) Implementation before effective date Nothing in this subsection or section 1940 of the Social Security Act ( 42 U.S.C. 1396w ) shall be construed as prohibiting a State from implementing an asset verification program that meets the requirements of such section (as amended by subsection (a)) in advance of the effective date specified under paragraph (1). (C) Delay of effective date If a State requests a delay of the effective date specified under paragraph (1) on the basis of ongoing economic hardship limitations, as determined by the chief executive officer of the State, the Secretary of Health and Human Services may delay such effective date for up to 365 days. 4. Medicaid resources eligibility requirement (a) In general Section 1902(e)(14)(C) of the Social Security Act ( 42 U.S.C. 1396a(e)(14)(C) ) is amended to read as follows— (C) Resources test requirement (i) In general Notwithstanding any other provision of this title, in the case of an individual with respect to whom a determination of income eligibility for medical assistance under the State plan or under any waiver of such plan is required, the State shall also apply a resources eligibility test that meets the requirement of clause (ii). (ii) Requirement A State resources eligibility test meets the requirement of this clause if the test precludes eligibility for any individual whose resources (as determined under section 1613 for purposes of the supplemental security income program) exceed the maximum amount of resources that an individual may have and obtain benefits under that program, or such amount as the State shall establish. . (b) No effect on continuous eligibility for pregnant women Section 1902(e)(6) of the Social Security Act ( 42 U.S.C. 1396a(e)(6) ) is amended by inserting or resources after income each place it appears. (c) Effective date (1) In general Subject to paragraph (2), the amendment made by subsection (a) shall take effect on the date that is 2 years after the date of enactment of this Act. (2) Rule for changes requiring State legislation In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the State plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the effective date of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. 5. Allowing States to retain savings from asset verification program and resources eligibility requirements (a) In general For each of the first 2 years following the date that is 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall pay to the State an amount equal to the savings (as estimated by the Secretary) in Federal expenditures that are attributable to the State meeting the requirements imposed by the amendments made by sections 3 and 4. (b) Use of funds A State that receives a payment under subsection (a) shall use the funds received under such payment to support enrollment in, and the conduct of, programs for maternal and child health under the State Medicaid program, or for such other purpose in support of the State Medicaid program as the Secretary of Health and Human Services shall approve. 6. Requiring CMS to track State asset verification programs (a) Tracking asset verification program savings No later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Centers for Medicare & Medicaid Services, shall create a Federal tracking system of the savings in Federal expenditures on the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) that are associated with the asset verification program requirement added under section 3(a). (b) Reports to Congress Beginning in the fifth year after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall issue biannual reports to Congress detailing the performance of State Medicaid asset verification programs during the applicable reporting period. Each such report shall include— (1) an overview of the savings, both pre- and post-reporting period, attributed to such programs; and (2) any material changes to the composition of the State Medicaid populations as a result of such programs. 7. GAO report to Congress on the efficacy of strengthening the fiscal integrity of the Medicaid program No sooner than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Finance of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that assesses the efficacy of State asset verification programs that meet the requirements of section 1940 of the Social Security Act ( 42 U.S.C. 1396w ) (as amended by section 3(a)). Such report shall include— (1) an overview of Medicaid enrollment before and after the implementation of the changes to the asset verification system requirements under such section 1940; (2) an overview of Medicaid spending before and after the implementation of such changes; (3) information on what is known about the number of individuals who applied for Medicaid or who applied for redetermination of Medicaid and were deemed ineligible due to their financial circumstances (income and resources) after the implementation of such changes; and (4) any additional recommendations for further changes to the Medicaid asset verification program requirements under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-117s3917is/xml/BILLS-117s3917is.xml |
117-s-3918 | II 117th CONGRESS 2d Session S. 3918 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Heinrich (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish programs to improve family economic security by breaking the cycle of multigenerational poverty, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Two-Generation Economic Empowerment Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. TITLE I—Interagency Council on Economic Mobility Sec. 101. Interagency Council on Economic Mobility. Sec. 102. Information displayed on Council website. Sec. 103. Authorization of appropriations. TITLE II—2-generation program Sec. 201. Programs. Sec. 202. General provisions. TITLE III—Performance partnership pilot program Sec. 301. Definitions. Sec. 302. Performance partnership pilots. Sec. 303. Reporting; evaluations. Sec. 304. Applicability to existing performance partnership pilots. 2. Findings; purposes (a) Findings Congress finds the following: (1) Almost half, or 40 percent, of children in the United States are from low-income families, and at least 60 percent of Black, Hispanic, and Native American children live in low-income families. (2) Individuals caught in multigenerational poverty tend to lack the support needed to move beyond day-to-day situations, make long-term financial plans, and support the community around them. (3) Twenty-five percent of children in the United States live in single-caregiver households, and 69 percent of children who live in such households are from low-income families. (4) Many of the services and systems that are intended to help low-income families are fragmented, with approaches that address the needs of caregivers and children separately. These fragmented approaches often leave either the caregiver or the child behind and dim the family's chance at success. (5) In 2015, the Department of Agriculture estimated that more than 9,200,000 individuals in the United States are from low-income families that reside more than 1 mile from a supermarket, and 2,100,000 of such individuals do not have access to a car. (6) Healthy communities have a variety of components, including— (A) safe, sustainable, accessible, and affordable transportation options that enable— (i) children to commute to and from school safely; and (ii) caregivers to seek work outside of their community; (B) housing that is affordable, high-quality, socially integrated, and location-efficient; (C) access to quality schools, parks and other recreational facilities, child care, libraries, financial services, and resources for other daily needs; and (D) support for healthy behavioral development of children and adolescents. (7) Economic research demonstrates— (A) a 13-percent return on investment in high-quality early childhood programs for a child for each year of the child’s life; and (B) that a college degree obtained by a caregiver is expected to double the caregiver's income. (8) For families who have an annual income of $25,000, or less, and have young children, a $3,000 increase in such annual income during the years of early childhood for such children yields a 17-percent increase in earnings for those children when those children become adults. (9) A successful 2-generation program will— (A) improve family economic security by creating opportunities for, and addressing the needs of, caregivers and children simultaneously, which can be measured in outcomes for both caregivers and children; (B) seek the input of caregivers who are served by the program and ensure their perspectives and experience inform the design of the program; (C) break the cycle of multigenerational poverty and create a cycle of family prosperity; and (D) foster and develop healthy communities. (10) The return on investment in education for children and their caregivers is high. Early childhood education programs help children develop new skills and prepare them for grade school. A caregiver’s level of educational attainment is the best predictor of a child’s success. Higher education opens the door to a stable career with a family-sustaining wage, providing opportunities for families to break the cycle of multigenerational poverty. (11) Work-family supports (such as paid family leave and access to high-quality child care), and economic supports (such as affordable housing, transportation, financial education and asset-building, tax credits, child care subsidies, student financial aid, health insurance, assistance under the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ), and food assistance), that encourage, support, and reward work provide a scaffold as caregivers pursue the skill-building activities and education that lead to better jobs and longer-term financial stability. (12) Postsecondary education, such as community college associate degrees and credentials, and employment pathways, such as workforce development training and workforce partnerships, can build skills leading to high-demand jobs and opportunities for advancement that increase employment rates and income for caregivers. (13) Social capital is a key success factor of the 2-generation approach and builds on the strength and resilience of families, bolstering the aspirations caregivers have for their children and for themselves. For individuals living in certain regions, the lack of community development contributes to a lack of economic mobility and a lack of multigenerational success. (14) Physical and mental health have a major impact on the ability of a family to thrive. There is a well-documented correlation between poor health and poor family finances, with poor health causing poor family finances and poor family finances causing poor health. Improved physical health and health behaviors are associated with higher scores on standardized tests. There is a link between mothers providing a higher level of emotional support and positive outcomes in children, such as children demonstrating an improved social competence and engagement in schooling. Meanwhile, social isolation of children is associated with a higher rate of abuse and neglect of children. (15) All of the 50 several States and the District of Columbia have actively mobilized around 2-generation approaches, which link and align social services, education, and job training to address the needs of 2 generations at the same time and give families the tools they need to succeed. (b) Purpose The purpose of this Act is to improve family economic security by breaking the cycle of multigenerational poverty, and to create a cycle of family prosperity, including through developing 2-generation programs that involve initiatives of the Federal Government, States, local governments, and Tribal governments and initiatives of the private sector. 3. Definitions In this Act: (1) 2-generation approach The term 2-generation approach means the approach to breaking the cycle of multigenerational poverty by improving family economic security through the implementation of programs, with measurable outcomes, that create opportunities for, and address the needs of, caregivers and children simultaneously. Such approach may include intentional coordination between separate programs for adults and for children, such as a Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ). (2) 2-generation program The term 2-generation program means— (A) a program established under section 201(a); or (B) any other program that takes the 2-generation approach, including the Head Start program under the Head Start Act ( 42 U.S.C. 9831 et seq. ), the maternal, infant, and early childhood home visiting program under section 511 of the Social Security Act ( 42 U.S.C. 711 ), and other such programs carried out by Federal, State, local, Tribal, or private nonprofit entities. (3) Agency The term agency has the meaning given such term in section 551 of title 5, United States Code. (4) Caregiver The term caregiver means an individual, such as a parent, adoptive parent, foster parent, grandparent, other relative, or guardian, raising a child. (5) Council agency The term Council agency means an agency listed in section 101(c)(1)(A) or included under section 101(c)(3)(A)(ii). (6) Discretionary appropriations The term discretionary appropriations has the meaning given such term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ). (7) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (8) Multigenerational poverty The term multigenerational poverty means pervasive poverty transferred from caregivers to their children through structural and systematic factors. (9) School readiness The term school readiness means the development of— (A) physical well-being and motor skills; (B) social and emotional skills; (C) approaches to learning; (D) language skills (including early literacy and early numeracy); and (E) cognition and general knowledge. (10) State The term State means each of the several States of the United States, the District of Columbia, and each commonwealth or territory of the United States. (11) Vulnerable population The term vulnerable population means a population consisting of individuals who, as determined by the applicable lead agency under section 202(a)— (A) are economically disadvantaged; (B) are historically underrepresented, such as racial or ethnic minorities; (C) are low-income children; (D) are elderly; (E) are homeless; (F) are reentering a community after incarceration; (G) are individuals with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ); (H) are veterans, as defined in section 101 of title 38, United States Code; (I) are infected with the human immunodeficiency virus (HIV); or (J) have any other chronic health condition, including a severe mental illness or substance use disorder. I Interagency Council on Economic Mobility 101. Interagency Council on Economic Mobility (a) Establishment There is established within the Federal Government an interagency council to be known as the Interagency Council on Economic Mobility (referred to in this Act as the Council ) to carry out the objectives under subsection (b) and the 2-generation approach, including by providing guidance and technical assistance and addressing questions pertaining to 2-generation programs and other programs engaging in efforts to break the cycle of multigenerational poverty. (b) Objectives The objectives of the Council are each of the following: (1) Establish an accountable and effective structure for interagency collaboration, and using Federal authorities, to promote family-sustaining careers and economic mobility for low-income people of the United States. (2) Establish an ongoing system of coordination among and within agencies or organizations related to programs aimed at breaking the cycle of multigenerational poverty. (3) Identify knowledge gaps, research needs, and policy and program deficiencies associated with multigenerational poverty. (4) Identify best practices of programs, including 2-generation programs, and methodologies to break the cycle of multigenerational poverty. (c) Membership (1) Composition (A) In general The Council shall be composed of at least 1 designee from each of the following: (i) The Office of Management and Budget. (ii) The Bureau of Indian Affairs. (iii) The Department of Agriculture. (iv) The Department of Education. (v) The Department of Health and Human Services. (vi) The Department of Housing and Urban Development. (vii) The Department of Justice. (viii) The Department of Labor. (ix) The Department of Transportation. (x) The Department of the Treasury. (xi) The Department of Veterans Affairs. (xii) The Corporation for National and Community Service. (xiii) The Domestic Policy Council. (xiv) The National Economic Council. (xv) The White House Office of Faith-Based and Neighborhood Partnerships, established by Executive Order 14015 (86 Fed. Reg. 10007; relating to the establishment of a White House Office of Faith-Based and Neighborhood Partnerships). (xvi) The Council on Economic Advisors. (xvii) The Social Security Administration. (B) Core membership From the designees under subparagraph (A), the Council shall have a core set of Council members to carry out a greater portion of the duties under subsection (d), including coordination of programs. Such core set of Council members shall be composed of each designee from the following: (i) The Department of Agriculture. (ii) The Department of Education. (iii) The Department of Health and Human Services. (iv) The Department of Housing and Urban and Development. (v) The Department of Justice. (vi) The Department of Labor. (2) Designation (A) In general The head of each Council agency shall designate at least 1 employee described in subparagraph (B) of such agency to serve as a member of the Council. (B) Responsibilities An employee described in this subparagraph shall be a senior employee of the agency whose responsibilities relate to policies, procedures, and economics with respect to family well-being. (3) Chairperson and vice-chairperson (A) Chairperson (i) In general The Chairperson of the Council (referred to in this section as the Chairperson ) shall be the Secretary of Health and Human Services, or a designee of such Secretary. (ii) Additional council composition selection In addition to the membership described in paragraph (1)(A), the Chairperson may include the heads of other Federal agencies as members of the Council as appropriate. (B) Vice Chairperson The Vice Chairperson of the Council (referred to in this section as the Vice-Chairperson ) shall be a designee from the set of core members under paragraph (1)(B), except clause (iii) of such paragraph, as selected by the Chairperson. (d) Duties (1) Strategic plan to end and prevent multigenerational poverty and create a cycle of family prosperity Not later than 18 months after the date of enactment of this Act, the Council shall develop, make available for public comment, and submit to the President and Congress, a strategic plan to end and prevent multigenerational poverty and create a cycle of family prosperity. Such plan shall include activities that align with the 2-generation approach and are consistent with the objectives under subsection (b). The Council shall update such plan annually. (2) Implementing and advising 2-generation programs The Council shall— (A) provide guidance to entities in developing and implementing 2-generation programs and other efforts taking the 2-generation approach; (B) establish and institutionalize coordination among Council agencies by— (i) holding regular leadership meetings; (ii) establishing interagency communication mechanisms; (iii) forming working groups to advance policy objectives; (iv) information sharing, particularly on programs and policies; and (v) collaborating on priority activities of the Council, technical assistance, and guidance on coordinating the efforts of 2-generation programs; (C) identify knowledge gaps, research needs, and policy and program deficiencies associated with multigenerational poverty through developing a learning and research agenda that identifies key research questions and data gaps and potential opportunities for Federal, State, and local organizations to answer such research questions; (D) identify best practices of programs, including 2-generation programs, and methodologies to break the cycle of multigenerational poverty, through reviewing, summarizing, and disseminating using the Council website, evidence specifically related to programs, policies, and practices, with the purpose of addressing or reducing multigenerational poverty; (E) advise relevant agencies on specific programmatic and policy matters related to 2-generation programs; (F) provide relevant subject matter expertise to each lead agency under section 202(a); and (G) identify and address issues that may influence the implementation of 2-generation programs. (3) Technical assistance The Council may provide technical assistance to grantees of Federal programs through— (A) identifying barriers for 2-generation programs that require waivers to Federal statutory, regulatory, or administrative requirements and providing recommendations to Congress regarding waivers to such statutory requirements; (B) addressing statutory, regulatory, or administrative barriers to grantees of Federal programs collaborating to carry out a 2-generation program and making recommendations to Congress to address legislative barriers to such collaboration; (C) gathering and compiling stakeholder input on effective 2-generation approaches; (D) identifying resources to support 2-generation programs; and (E) providing resources with respect to the 2-generation approach to 2-generation programs and the public in the form of briefs, toolkits, or other forms of technical assistance. (4) Stakeholder convening (A) Advice on addressing multigenerational poverty The Chairperson, on behalf of the Council, shall identify and invite individuals from diverse entities, including advocates, individuals or families experiencing poverty, individuals from nonprofit and faith-based organizations, small businesses, and philanthropic organizations, and researchers from institutions of higher education, to provide the Council with advice and knowledge pertaining to addressing multigenerational poverty. (B) Best practices and information gathering The Council shall have the authority to convene stakeholders across programs carrying out or supporting the 2-generation approach for the purpose of sharing best practices and gathering information on such programs. Such stakeholders shall include experts with respect to the 2-generation approach and may include representatives from philanthropic organizations, Federal, State, and local governments, nonprofit organizations, and the private sector. (C) Exemption from FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any group convened by the Council to provide advice to the Council. (5) Reports to Congress (A) Annual reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Council shall prepare and submit to Congress a report that includes information on the progress and results of each 2-generation program established under section 201(a) in achieving the appropriate quantitative levels for the outcomes described in section 201(b) that each program is designed to achieve. (B) Biannual reports Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter, the Council shall prepare and submit to Congress a report that includes— (i) the objectives of the Council; (ii) information on the overall progress of the Council in ending and preventing multigenerational poverty; and (iii) legislative policy recommendations, including addressing any needs for greater legislative authority to meet the objectives of this Act. (6) Available funding Not later than 90 days after the date of enactment of this Act, each Council agency shall identify, document, and submit to the Chairperson a list of funding sources that could support 2-generation programs in achieving the appropriate quantitative levels for the outcomes described in section 201(b). 102. Information displayed on Council website (a) In general The Council shall ensure that the information listed in subsection (b) is made available to the public and displayed on the official website of the Council. (b) Information The information listed in this subsection is each of the following: (1) The national strategic plan required under section 101(d)(1). (2) Information on 2-generation programs, including— (A) the outcomes described in section 201(b) that each program established under section 201(a) is designed to achieve, and the appropriate quantitative levels for achieving such outcomes; (B) national partners consisting of private and government entities participating in (or interested in participating in), including by funding, a 2-generation program; (C) a description of the 2-generation program described in title III, including detailed information on the performance partnership pilots approved under section 302(a), the discretionary appropriations used to carry out such program, and any waivers issued under section 202(d) with respect to such program; and (D) a description of any 2-generation program established under section 201(a)(2). (3) Each report, including the data contained in each such report, that— (A) the Council submits to Congress under section 101(d)(5); (B) the Comptroller General of the United States submits under section 303(c); and (C) is submitted to the Council under section 303(d). (4) Information describing the best practices (as determined by the Council) of the 2-generation programs, and other programs engaging in efforts to break the cycle of multigenerational poverty and create a cycle of family prosperity, to enable interested entities to emulate such best practices in any efforts to end or prevent multigenerational poverty. 103. Authorization of appropriations There are authorized to be appropriated for each of fiscal years 2023 through 2027 such sums as may be necessary to carry out this title. II 2-generation program 201. Programs (a) In general The Council shall establish, as 2-generation programs, each of the following: (1) The 2-generation performance partnership pilot program described in title III. (2) Such other 2-generation programs in accordance with this title. (b) Outcome measures (1) Establishment The Council shall establish clearly defined outcome measures for each 2-generation program established under subsection (a) and the appropriate quantitative levels for achieving such outcomes. (2) Primary outcomes Each 2-generation program established under subsection (a) shall be designed to achieve primary outcomes consisting of both of the following: (A) Improved academic achievement of children and increased earning potential of caregivers, including enhanced— (i) school readiness of children from birth through age 5; and (ii) educational or skill attainment of caregivers, including through enrollment in an apprenticeship program. (B) Two or more of the following outcomes: (i) Improved financial stability of families, including increased financial capability of, and savings for, caregivers and children, achieved through increased earning potential and enhanced financial decision-making skills of caregivers and children. (ii) Increased access for caregivers and children to programs that foster healthy caregiver-child relationships. (iii) Increased opportunities for all family members to participate in programs that address the mental health needs of caregivers and children. (iv) Improved education of caregivers and children on obesity prevention and nutrition, and a subsequent reduction in rates of obesity and related diseases among caregivers and children. (v) Improved maternal and child health, including social and emotional health and development of mothers and children. (vi) Additional outcomes that reflect other indicators of family prosperity, success, and stability, such as stable housing, as identified by the Council for children and caregivers. (3) Cost-effective outcomes In achieving the primary outcomes described in paragraph (2), each 2-generation program established under subsection (a) shall make better use of budgetary resources to seek enhanced outcomes that are most cost-effective for regions, communities, or vulnerable populations. 202. General provisions (a) Lead agencies (1) 2-generation performance partnership pilot program The Department of Health and Human Services shall be the lead agency for the purpose of carrying out the 2-generation program described in title III. (2) Other newly established 2-generation programs The Director of the Office of Management and Budget shall, in collaboration with the Council, designate a lead agency from among the Council agencies for the purpose of carrying out any other 2-generation program established as described in section 201(a)(2). (b) Agency head determinations (1) In general A Council agency may participate (directly or by providing discretionary appropriations that have been appropriated to such agency) in a 2-generation program established under section 201(a) only upon providing a written determination by the head of such agency to the applicable lead agency under subsection (a), subject to paragraph (3), based on the best available information, transferring resources to participate in such program will not— (A) result in such Council agency reducing any services (funded in whole or in part by the discretionary appropriations of such agency) that such agency provided prior to participating in the 2-generation program; and (B) otherwise adversely affect vulnerable populations that are recipients of such services. (2) Consideration In making the determination under paragraph (1), the head of the Council agency may take into consideration the discretionary appropriations that will be used in the 2-generation program. (3) Submission to full Council In the case that the Council agency seeking to participate in a 2-generation program established under section 201(a) is the applicable lead agency under subsection (c), the Council agency shall submit the written determination required under paragraph (1) to the Council. (c) Transfer authority (1) 2-generation account The applicable lead agency under subsection (a) may establish an account for the purpose of carrying out a 2-generation program established under section 201(a), allowing multiple Council agencies participating in the 2-generation program to combine discretionary appropriations for the purpose of carrying out the 2-generation program. (2) Transfers Subject to the written approval of the Director of the Office of Management and Budget and paragraph (4), the head of each Council agency participating in a 2-generation program established under section 201(a) may transfer discretionary appropriations of the agency to the account established under paragraph (1), to be used for such 2-generation program. (3) Availability (A) Purposes Subject to the waiver authority under subsection (d), the discretionary appropriations transferred under paragraph (2) shall remain available for the same purposes for which the appropriations were originally appropriated. (B) Obligation by the Federal Government The discretionary appropriations transferred under paragraph (2) shall remain available for obligation by the Federal Government for the period for which such appropriations were permitted to remain available, as of the day before the date of the transfer. (4) Notice requirement Not later than 30 days prior to transferring any discretionary appropriations under paragraph (2), the head of the Council agency transferring the appropriations shall provide written notice of the transfer to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, and other appropriate committees of Congress. (d) Waiver authority (1) In general To reduce administrative burdens (including application and reporting requirements) and subject to other provisions of this Act (but notwithstanding subsection (c)(3)(A)), the head of a Council agency participating in a 2-generation program established under section 201(a) may waive (in whole or in part) the application, solely with respect to discretionary appropriations used in such 2-generation program, of any statutory, regulatory, or administrative requirement that such agency head— (A) is authorized to waive (in accordance with the terms and conditions of the Federal law authorizing such appropriations); or (B) would not otherwise be authorized to waive, but for the application of this subsection. (2) Limitations (A) In general An agency head described in paragraph (1) shall not waive any requirement related to nondiscrimination, wage and labor standards, or allocation of funds to State or sub-State levels. (B) Requirements For the waiver of any statutory, regulatory, or administrative requirement described in paragraph (1)(B), an agency head described in paragraph (1) shall— (i) prior to granting the waiver, submit to the applicable lead agency under subsection (a) a written determination, with respect to the discretionary appropriations described in paragraph (1), that the granting of such waiver for purposes of the 2-generation program— (I) is consistent with the statutory purposes of the Federal program for which such discretionary appropriations were appropriated and the other provisions of this section, as well as the written determination by such agency head under subsection (b)(1); (II) is necessary to achieve the appropriate quantitative levels for the outcomes described in section 201(b) that the program is designed to achieve, and is no broader in scope than is necessary to achieve such levels; and (III) will result in— (aa) realizing efficiencies by simplifying reporting burdens or reducing administrative barriers with respect to such discretionary appropriations; or (bb) increasing the ability of individuals to obtain access to services that are provided through such discretionary appropriations; and (ii) provide at least 60 days of advance written notice to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, and other appropriate committees of Congress. (e) Prohibited use of assessment for young children To participate in a 2-generation program established under section 201(a), an entity shall provide an assurance that the entity will not assess the achievement of children from birth through grade 2, or programs providing services to such children, by engaging in activities that include— (1) assessing such children or programs in a manner that provides or leads to any reward or sanction for any individual child, teacher, early childhood education program, as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ), or school; (2) using a single method for assessing the effectiveness of a program serving such children as the primary or only method for assessing such program; or (3) evaluating such children for any purpose other than to— (A) improve instruction or classroom environment; (B) target high-quality, evidence-based professional development; (C) determine the need for health (including mental health), disability, or family support services; (D) inform the quality improvement process for such programs at the State level; (E) evaluate such a program for the purposes of program improvement and providing information to the caregivers of children participating in such program; or (F) provide research conducted as part of a national evaluation. III Performance partnership pilot program 301. Definitions In this title: (1) Lead agency The term lead agency means the Department of Health and Human Services. (2) Performance partnership pilot The term performance partnership pilot means a project that— (A) seeks to identify, through a demonstration, cost-effective strategies for providing services at the State, regional, or local level; (B) involves 2 or more Federal programs (administered by one or more Federal agencies)— (i) with related policy goals; and (ii) at least one of which is administered (in whole or in part) by a State, local government, or Tribal government; (C) carries out the 2-generation approach by achieving the outcomes described in section 201(b), including making better use of budgetary resources to seek enhanced outcomes that are cost-effective for regions, communities, or vulnerable populations; and (D) consistent with this title, allows— (i) an entity participating in the project to combine multiple sources of funding acquired by the entity; and (ii) multiple entities participating in the project to combine sources of funding acquired by the entities. 302. Performance partnership pilots (a) Approval of pilots In accordance with title II and this title, the lead agency shall approve not more than 5 performance partnership pilots under the program described in this title, by entering into performance partnership agreements under subsection (c). (b) Use of discretionary appropriations Subject to section 202 and subsections (a) and (c), a Council agency may use discretionary appropriations appropriated to such agency to participate in one or more of the approved performance partnership pilots. (c) Performance partnership agreements (1) In general A Council agency may use discretionary appropriations to participate in a performance partnership pilot only in accordance with the terms of a performance partnership agreement, described in paragraph (3), that is entered into between— (A) subject to paragraph (2), the lead agency on behalf of each Council agency participating in such pilot; and (B) a representative of each State, local government, or Tribal government that has applied for participation in such pilot, in accordance with application procedures established by the lead agency. (2) Limitation The lead agency may only enter into an agreement under paragraph (1) upon receiving, from the head of each Council agency to be participating in such pilot, a written concurrence to enter into such agreement, including an agreement that such Council agency will comply with all requirements under this Act for participating in such pilot. (3) Terms of the agreement A performance partnership agreement entered into under paragraph (1) shall specify, at a minimum, each of the following: (A) The length of such agreement, which shall end not later than 5 fiscal years after the date of enactment of this Act. (B) The Federal programs and federally funded services that are involved in such pilot. (C) The discretionary appropriations that are being used in the performance partnership pilot (by the respective Federal account identifier, and the total amount from such account that is being used in such pilot), and the period of availability for obligation by the Federal Government of such funds. (D) The non-Federal funds that are being used in such pilot, by source (which may include private funds and governmental funds) and by amount. (E) The State, local, or Tribal programs that are involved in such pilot. (F) The populations to be served by such pilot. (G) The cost-effective Federal oversight procedures that will be used for the purpose of maintaining the necessary level of accountability for the use of the discretionary appropriations in such pilot. (H) The cost-effective State, local, or Tribal oversight procedures that will be used for the purpose of maintaining the necessary level of accountability for the use of the discretionary appropriations in such pilot. (I) The outcomes described in section 201(b) that such pilot is designed to achieve and the appropriate quantitative levels for achieving such outcomes. (J) The appropriate, reliable, and objective outcome-measurement methodology that will be used in carrying out such pilot, to determine the success of such pilot in achieving any outcome, and the appropriate quantitative level for achieving such outcome, specified under subparagraph (I). (K) Any statutory, regulatory, or administrative requirements related to a Federal mandatory program that are barriers to achieving any outcome or level specified under subparagraph (I). (L) In a case in which, during the course of such pilot, it is determined that the pilot is not achieving the appropriate quantitative levels for the outcomes specified under subparagraph (I)— (i) any consequence that will result from the failure to achieve such levels, with respect to the discretionary appropriations that are being used in such pilot; and (ii) the corrective actions that will be taken to increase the likelihood that such pilot, upon completion, will have achieved such levels. (M) The design of a comparison population group for purposes of comparing the outcomes specified under subparagraph (I) for individuals participating in such pilot with similar individuals who did not participate in such pilot. (d) Coordinators (1) In general The lead agency shall award not more than $100,000 to each performance partnership pilot approved under this section to fund staff to lead coordination for such performance partnership pilot. (2) Amount The amount of each award under paragraph (1) may take into account the prevailing wage rate in accordance with the Occupational Employment and Wage Statistics of the Bureau of Labor Statistics for an occupation determined by the Secretary of Labor to be comparable to the position of a coordinator of a performance partnership pilot approved under this section for the locality in which the coordinator will be hired. (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as may be necessary for each fiscal year. 303. Reporting; evaluations (a) State, local government, or Tribal government reports (1) In general Not later than 90 days after the first day of each fiscal year, a State, local government, or Tribal government participating (in whole or in part) in a performance partnership pilot shall submit a report to the lead agency. (2) Contents The report under paragraph (1) shall include information on— (A) the progress of such performance partnership pilot in achieving the appropriate quantitative levels for the outcomes the pilot is designed to achieve under section 302(c)(3)(I), including data supporting such progress and regarding the comparison population group described in section 302(c)(3)(M); and (B) the discretionary appropriations, and any other funds, used to carry out such performance partnership pilot. (b) Council agency reports Not later than 120 days after the first day of each fiscal year, each Council agency participating in a performance partnership pilot shall submit a report to the lead agency in such manner and containing such information about the performance partnership pilot as the lead agency may require. (c) Evaluation by Comptroller General (1) In general The Comptroller General of the United States shall, annually for 6 fiscal years after the date of enactment of this Act, conduct an evaluation of the 2-generation program described in this title, which shall include information describing— (A) the criteria used by the lead agency to approve performance partnership pilots; (B) the States, local governments, and Tribal governments that participated in any performance partnership pilot; (C) how each such State, local government, and Tribal government used funds received under such performance partnership pilot; (D) the success of each performance partnership pilot in achieving the appropriate quantitative levels for the outcomes the pilot is designed to achieve under section 302(c)(3)(I); and (E) the ability of each performance partnership pilot to be replicated or expanded to serve more families. (2) Submission Not later than 90 days after the first day of each fiscal year, the Comptroller General of the United States shall submit a report containing the evaluation conducted under paragraph (1) to the lead agency and the Council. (d) Lead agency report to the Council Not later than 180 days after the first day of each fiscal year, the lead agency shall submit a report to the Council that evaluates the information provided in the reports under subsections (a), (b), and (c). The Council shall include such evaluation in the reports under section 101(d)(5)(A). 304. Applicability to existing performance partnership pilots Nothing in this Act shall be construed to apply to any performance partnership pilot authorized under any of the following: (1) Section 526 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2014 ( Public Law 113–76 ). (2) Section 524 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2015 ( Public Law 113–235 ). (3) Section 525 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2016 ( Public Law 114–113 ). (4) Section 525 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017 ( Public Law 115–31 ). (5) Section 525 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2018 ( Public Law 115–141 ). (6) Section 524 of the Department Health and Human Services Appropriations Act, 2019 ( Public Law 115–245 ). (7) Section 524 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2020 ( Public Law 116–94 ). (8) Section 524 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2021 ( Public Law 116–260 ). | https://www.govinfo.gov/content/pkg/BILLS-117s3918is/xml/BILLS-117s3918is.xml |
117-s-3919 | II 117th CONGRESS 2d Session S. 3919 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Tillis introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to provide that an issuer that is required to file certain quarterly reports may elect to file those reports semiannually.
1. Short title This Act may be cited as the Reporting Requirements Reduction Act of 2022 . 2. Semiannual reports Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following: (s) Issuer election With respect to any report that, under this section, or under a rule issued under this section, an issuer is required to file on a quarterly basis, the issuer may elect to instead file the report on a semiannual basis. . | https://www.govinfo.gov/content/pkg/BILLS-117s3919is/xml/BILLS-117s3919is.xml |
117-s-3920 | II 117th CONGRESS 2d Session S. 3920 IN THE SENATE OF THE UNITED STATES March 24, 2022 Ms. Duckworth introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To protect consumers from price-gouging of gasoline and other fuels, and for other purposes.
1. Short title This Act may be cited as the Gas Price Gouging Prevention Act . 2. Unconscionable pricing of gasoline and other petroleum distillates during emergencies (a) Unconscionable pricing (1) In general It shall be unlawful for any person to sell, at wholesale or at retail in an area and during a period of an international crisis affecting the oil markets proclaimed under paragraph (2), gasoline or any other petroleum distillate covered by a proclamation issued under paragraph (2) at a price that— (A) is unconscionably excessive; and (B) indicates the seller is taking unfair advantage of the circumstances related to an international crisis to increase prices unreasonably. (2) Energy emergency proclamation (A) In general The President may issue a proclamation of an international crisis affecting the oil markets and may designate any area within the jurisdiction of the United States (including the entire United States), where the prohibition in paragraph (1) shall apply. The proclamation shall state the geographic area covered, the gasoline or other petroleum distillate covered, and the time period that such proclamation shall be in effect. (B) Duration The proclamation— (i) may not apply for a period of more than 30 consecutive days, but may be renewed for such consecutive periods, each not to exceed 30 days, as the President determines appropriate; and (ii) may include a period of time not to exceed 1 week preceding a reasonably foreseeable emergency. (3) Factors considered In determining whether a person has violated paragraph (1), there shall be taken into account, among other factors— (A) whether the amount charged by such person for the applicable gasoline or other petroleum distillate at a particular location in an area covered by a proclamation issued under paragraph (2) during the period such proclamation is in effect— (i) grossly exceeds the average price at which the applicable gasoline or other petroleum distillate was offered for sale by that person during the 30 days prior to such proclamation; (ii) grossly exceeds the price at which the same or similar gasoline or other petroleum distillate was readily obtainable in the same area from other competing sellers during the same period; (iii) reasonably reflected additional costs, not within the control of that person, that were paid, incurred, or reasonably anticipated by that person, or reflected additional risks taken by that person to produce, distribute, obtain, or sell such product under the circumstances; and (iv) was substantially attributable to local, regional, national, or international market conditions; and (B) whether the quantity of gasoline or other petroleum distillate the person produced, distributed, or sold in an area covered by a proclamation issued under paragraph (2) during a 30-day period following the issuance of such proclamation increased over the quantity that that person produced, distributed, or sold during the 30 days prior to such proclamation, taking into account usual seasonal demand variations. (b) Definitions As used in this section— (1) the term wholesale , with respect to sales of gasoline or other petroleum distillates, means either truckload or smaller sales of gasoline or petroleum distillates where title transfers at a product terminal or a refinery, and dealer tank wagon sales of gasoline or petroleum distillates priced on a delivered basis to retail outlets; and (2) the term retail , with respect to sales of gasoline or other petroleum distillates, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. 3. Enforcement by the Federal Trade Commission (a) Enforcement by FTC 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) ). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. In enforcing section 2 of this Act, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. (b) Civil penalties (1) In general Notwithstanding the penalties set forth under the Federal Trade Commission Act, any person who violates section 2 with actual knowledge or knowledge fairly implied on the basis of objective circumstances shall be subject to— (A) a civil penalty of not more than 3 times the amount of profits gained by such person through such violation; or (B) a civil penalty of not more than $100,000,000. (2) Method The penalties provided by paragraph (1) shall be obtained in the same manner as civil penalties obtained under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). (3) Multiple offenses; mitigating factors In assessing the penalty provided by subsection (a)— (A) each day of a continuing violation shall be considered a separate violation; and (B) the court shall take into consideration, among other factors, the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. 4. Criminal penalties (a) In general In addition to any penalty applicable under section 3, any person who violates section 2 shall be fined under title 18, United States Code, in an amount not to exceed $500,000,000. (b) Enforcement The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. The Attorney General shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. 5. Enforcement at retail level by State attorneys general (a) In general A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2 of this Act, or to impose the civil penalties authorized by section 3(b)(1)(B), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act or a regulation under this Act, involving a retail sale. (b) Notice The State shall serve written notice to the Federal Trade Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority To intervene Upon receiving the notice required by subsection (b), the Federal Trade Commission may intervene in such civil action and upon intervening— (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; service of process In a civil action brought under subsection (a)— (1) the venue shall be a judicial district in which— (A) the defendant operates; (B) the defendant was authorized to do business; or (C) the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State action while Federal action is pending If the Federal Trade Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the other agency for any violation of this Act alleged in the complaint. (g) Enforcement of State Law Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. 6. Effect on other laws (a) Other authority of Federal Trade Commission Nothing in this Act shall be construed to limit or affect in any way the Federal Trade Commission’s authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) or any other provision of law. (b) State law Nothing in this Act preempts any State law. | https://www.govinfo.gov/content/pkg/BILLS-117s3920is/xml/BILLS-117s3920is.xml |
117-s-3921 | II 117th CONGRESS 2d Session S. 3921 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Tillis (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Act of 1933 to expand the definition of a qualifying accredited investor, and for other purposes.
1. Short title This Act may be cited as the Equal Opportunity for all Investors Act . 2. Certification examinations for accredited investors (a) Examination alternative Section 2(a)(15) of the Securities Act of 1933 ( 15 U.S.C. 77b(a)(15) ) is amended— (1) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; (2) in subparagraph (A), as so redesignated, by striking adviser; or and inserting adviser; ; (3) in subparagraph (B), as so redesignated, by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (C) any individual who is certified as an accredited investor through an examination established or approved by the Commission, the securities commission (or any agency or office performing like functions) of any State, or any self-regulatory organization as defined in the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(26) ) that— (i) measures whether an individual certified as an accredited investor pursuant to such examination understands and appreciates the risks and opportunities of investing in securities; (ii) is designed to ensure that an individual with financial sophistication or training would be unlikely to fail; and (iii) may be designed and/or administered by any other person approved by the Commission, such securities commission, or such self-regulatory organization. . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (c) Examination The Commission shall establish or approve an examination that complies with subsection (a) no later than 18 months after the date of enactment of this Act. 3. Accredited investor self-certification Section 4(b) of the Securities Act of 1933 ( 15 U.S.C. 77d(b) ) is amended by inserting Unless the issuer knows, or has a reckless disregard for whether, the purchaser is not an accredited investor, obtaining a self-certification from the purchaser that the purchaser meets the income or net worth requirements of Rule 501 of Regulation D shall constitute reasonable steps to verify that purchasers of the securities are accredited investors. after the period at the end. 4. Modification of rules (a) In general Not later than 9 months after the date of the enactment of this Act, the Securities and Exchange Commission shall revise its rules issued in section 230.501(a) of title 17, Code of Federal Regulations, to make parallel changes set forth in Section 2 and to add to the definition of accredited investor the following categories: (1) Any natural person with at least $500,000 worth of investments. (2) Any natural person with total transactions during a 12-month period under section 230.506 of title 17, Code of Federal Regulations, and under section 4(a)(6) of the Securities Act of 1933 ( 15 U.S.C. 77d(a)(6) ) that are not greater than the highest amount of the following— (A) 10 percent of the total investments of the person; (B) 10 percent of the annual income of the person or 10 percent of the annual combined income with that person’s spouse; or (C) 10 percent of the net worth of the person excluding the value of the person’s principal place of residence. (b) Definitions (1) Definitions In this subsection: (A) Cash and cash equivalents The term cash and cash equivalents includes— (i) bank deposits, certificates of deposit, bankers acceptances and similar bank instruments held for investment purposes; and (ii) the net cash surrender value of an insurance policy. (B) Commodity interests The term commodity interests means commodity futures contracts, options on commodity futures contracts, and options on physical commodities traded on or subject to the rules of— (i) any contract market designated for trading such transactions under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ) and the rules issued under that Act; or (ii) any board of trade or exchange outside the United States, as described in part 30 of title 17, Code of Federal Regulations. (C) Digital assets The term digital assets — (i) means a digital representation of value that— (I) is used as a medium of exchange, unit of account, or store of value; and (II) is not legal tender, whether or not denominated in legal tender; and (ii) does not include— (I) a transaction in which a merchant grants, as part of an affinity or rewards program, value that cannot be taken from or exchanged with the merchant for legal tender, bank credit, or virtual currency; or (II) a digital representation of value issued by or on behalf of a publisher and used solely within an online game, game platform, or family of games sold by the same publisher or offered on the same game platform. (D) Investment purposes The term investment purposes — (i) includes— (I) real estate owned by a prospective purchaser who is engaged primarily in the business of investing, trading, or developing real estate in connection with such business; and (II) a commodity interest or physical commodity owned, or a financial contract entered into, by the prospective purchaser who is engaged primarily in the business of investing, reinvesting, or trading in commodity interests, physical commodities, or financial contracts in connection with such business; and (ii) does not include real estate held for investment purposes by a prospective purchaser if the real estate is used by the prospective purchaser, a sibling, spouse or former spouse, a direct lineal descendant by birth or adoption, or spouse of such lineal descendant or ancestor for personal purposes or as a place of business, or in connection with the conduct of the trade or business of the prospective purchaser or such related person. (E) Investments The term investments means— (i) securities, as defined in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) ), other than securities issued by an issuer that is controlled by the prospective purchaser that owns such securities; (ii) real estate held for investment purposes; (iii) commodity interests held for investment purposes; (iv) physical commodities held for investment purposes; (v) digital assets held for investment purposes; (vi) to the extent not securities, financial contracts (as such term is defined in section 3(c)(2)(B)(ii) of the Investment Company Act of 1940 ( 15 U.S.C. 80a3(c)(2)(B)(ii) )) entered into for investment purposes; and (vii) cash and cash equivalents (including foreign currencies) held for investment purposes. (F) Personal purposes The term personal purposes does not include residential real estate if deductions with respect to such real estate are not disallowed by section 280A of the Internal Revenue Code of 1986. (G) Physical commodities The term physical commodities means any physical commodity with respect to which a commodity interest is traded on a market described in subparagraph (B)(i). (c) Self-execution If the Securities and Exchange Commission does not revise its rules in accordance with the deadline set forth in subsection (a), then any person described in subsection (b) shall be deemed to be an accredited investor for all purposes under the Federal securities laws (including regulations). 5. Adjusting the accredited investor standard Section 413 of the Private Fund Investment Advisers Registration Act of 2010 ( 15 U.S.C. 77b note) is amended by striking subsection (b) and inserting the following: (b) Review and adjustment (1) In general The Commission may undertake a review of the definition of the term accredited investor , as such term applies to natural persons, to determine whether the requirements of the definition, excluding the requirement relating to the net worth standard described in subsection (a), should be adjusted or modified for the protection of investors, in the public interest, and in light of the economy. (2) Adjustment or modification Upon completion of a review under paragraph (1), the Commission may, by notice and comment rulemaking, make such adjustments to the definition of the term accredited investor , excluding adjusting or modifying the requirement relating to the net worth standard described in subsection (a), as such term applies to natural persons, as the Commission may deem appropriate for the protection of investors, in the public interest, and in light of the economy. . | https://www.govinfo.gov/content/pkg/BILLS-117s3921is/xml/BILLS-117s3921is.xml |
117-s-3922 | II 117th CONGRESS 2d Session S. 3922 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Cramer introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to create a safe harbor for finders and private placement brokers, and for other purposes.
1. Short title This Act may be cited as the Unlocking Capital for Small Businesses Act of 2022 . 2. Safe harbors for private placement brokers and finders (a) In general Section 15 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o ) is amended by adding at the end the following: (p) Private placement broker safe harbor (1) Registration requirements Not later than 270 days after the date of the enactment of this subsection the Commission shall promulgate regulations with respect to private placement brokers that are no more stringent than those imposed on funding portals. Not later than 270 days after the publication of the proposed regulations in the Federal Register, the Commission shall promulgate final rules. (2) National securities associations Not later than 270 days after the date of the enactment of this subsection the Commission shall promulgate regulations that require the rules of any national securities association to allow a private placement broker to become a member of such national securities association subject to reduced membership requirements consistent with this subsection. Not later than 270 days after the publication of the proposed regulations in the Federal Register, the Commission shall promulgate final rules. (3) Disclosures required Before the consummation of a transaction effecting a private placement, a private placement broker shall disclose clearly and conspicuously, in writing, to all parties to the transaction as a result of the broker’s activities— (A) that the broker is acting as a private placement broker; (B) the amount of any compensation or anticipated compensation for services rendered as a private placement broker in connection with such transaction; (C) the person to whom any such compensation is made; and (D) any beneficial interest in the issuer, direct or indirect, of the private placement broker, of a member of the immediate family of the private placement broker, of an associated person of the private placement broker, or of a member of the immediate family of such associated person. (4) Private placement broker defined In this subsection, the term private placement broker means a person that— (A) receives transaction-based compensation— (i) for effecting a transaction by— (I) introducing an issuer of securities and a buyer of such securities in connection with the sale of a business effected as the sale of securities; or (II) introducing an issuer of securities and a buyer of such securities in connection with the placement of securities in transactions that are exempt from registration requirements under the Securities Act of 1933; and (ii) that is not with respect to— (I) a class of publicly traded securities; (II) the securities of an investment company (as defined in section 3 of the Investment Company Act of 1940); or (III) a variable or equity-indexed annuity or other variable or equity-indexed life insurance product; (B) with respect to a transaction for which such transaction-based compensation is received— (i) does not handle or take possession of the funds or securities; and (ii) does not engage in an activity that requires registration as an investment adviser under State or Federal law; and (C) is not a finder as defined under subsection (q). (q) Finder safe harbor (1) Nonregistration A finder is exempt from the registration requirements of this Act. (2) National securities associations A finder shall not be required to become a member of any national securities association. (3) Finder defined In this subsection, the term finder means a person described in paragraphs (A) and (B) of subsection (p)(4) that— (A) receives transaction-based compensation of equal to or less than $500,000 in any calendar year; (B) receives transaction-based compensation in connection with transactions that result in a single issuer selling securities valued at equal to or less than $15,000,000 in any calendar year; (C) receives transaction-based compensation in connection with transactions that result in any combination of issuers selling securities valued at equal to or less than $30,000,000 in any calendar year; or (D) receives transaction-based compensation in connection with fewer than 16 transactions that are not part of the same offering or are otherwise unrelated in any calendar year. (4) Adjustment for inflation The amounts described in paragraph (3) shall be increased each year by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor. . (b) Validity of contracts with registered private placement brokers and finders Section 29 of the Securities Exchange Act ( 15 U.S.C. 78cc ) is amended by adding at the end the following: (d) Subsection (b) shall not apply to a contract made for a transaction if— (1) the transaction is one in which the issuer engaged the services of a broker or dealer that is not registered under this Act with respect to such transaction; (2) such issuer received a self-certification from such broker or dealer certifying that such broker or dealer is a registered private placement broker under section 15(p) or a finder under section 15(q); and (3) the issuer either did not know that such self-certification was false or did not have a reasonable basis to believe that such self-certification was false. . (c) Removal of private placement brokers from definitions of broker (1) Records and reports on monetary instruments transactions Section 5312 of title 31, United States Code, is amended in subsection (a)(2)(G) by inserting with the exception of a private placement broker as defined in section 15(p)(4) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(p)(4) ) before the semicolon at the end. (2) Securities Exchange Act of 1934 Section 3(a)(4) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(4) ) is amended by adding at the end the following: (G) Private placement brokers A private placement broker as defined in section 15(p)(4) is not a broker for the purposes of this Act. . 3. Limitations on State law Section 15(i) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(i) ) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: (3) Private placement brokers and finders (A) In general No State or political subdivision thereof may enforce any law, rule, regulation, or other administrative action that imposes greater registration, audit, financial recordkeeping, or reporting requirements on a private placement broker or finder than those that are required under subsections (p) and (q), respectively. (B) Definition of State For purposes of this paragraph, the term State includes the District of Columbia and each territory of the United States. . | https://www.govinfo.gov/content/pkg/BILLS-117s3922is/xml/BILLS-117s3922is.xml |
117-s-3923 | II 117th CONGRESS 2d Session S. 3923 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Cramer (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 amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to repeal certain provisions requiring non-material disclosure, and for other purposes.
1. Short title This Act may be cited as the Dodd-Frank Material Disclosure Improvement Act . 2. Striking of provisions of the Investor Protection and Securities Reform Act of 2010 (a) In general Section 953 of the Investor Protection and Securities Reform Act of 2010 ( Public Law 111–103 ; 124 Stat. 1903) is amended— (1) in subsection (a), by striking Disclosure of pay versus performance .— ; and (2) by striking subsection (b). (b) Rules The Securities and Exchange Commission shall repeal any rule, including any amendment to any rule of the Commission, issued under section 953(b) of the Investor Protection and Securities Reform Act of 2010 ( 15 U.S.C. 78l note), as in effect as of the day before the date of enactment of this Act. (c) Prohibition on substantially similar rules The Securities and Exchange Commission may not promulgate any rule that is substantially similar to a rule that is repealed under subsection (b). 3. Striking of sections of title XV of the Dodd-Frank Wall Street Reform and Consumer Protection Act (a) In general (1) Dodd-Frank Wall Street Reform and Consumer Protection Act Title XV of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ) is amended— (A) by striking section 1502 ( 15 U.S.C. 78m note); (B) by striking section 1503 ( 15 U.S.C. 78m–2 ); and (C) by striking section 1504. (b) Securities Exchange Act of 1934 Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended— (1) by striking subsections (p) and (q); and (2) by redesignating subsection (r) as subsection (p). (c) Repeal of rules issued under applicable provisions The Securities and Exchange Commission shall repeal any rule, including any amendment to any rule of the Commission, issued under— (1) section 1502, 1503, or 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ), as in effect as of the day before the date of enactment of this Act; or (2) subsection (p) or (q) of section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ), as in effect as of the day before the date of enactment of this Act. (d) Prohibition on substantially similar rules The Securities and Exchange Commission may not promulgate any rule that is substantially similar to a rule that is repealed under subsection (c). (e) Clerical amendment The table of contents in section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking the items relating to sections 1502, 1503, and 1504. | https://www.govinfo.gov/content/pkg/BILLS-117s3923is/xml/BILLS-117s3923is.xml |
117-s-3924 | II 117th CONGRESS 2d Session S. 3924 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Rubio (for himself, Mr. Cotton , Mr. Grassley , Mr. Johnson , Mr. Lankford , and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Global Magnitsky Human Rights Accountability Act to extend the sunset for sanctions with respect to human rights violations.
1. Short title This Act may be cited as the Global Magnitsky Human Rights Accountability Extension Act . 2. Reauthorization of sanctions with respect to human rights violations Section 1265 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) is amended by striking the date that is 6 years after the date of the enactment of this Act and inserting December 31, 2034 . | https://www.govinfo.gov/content/pkg/BILLS-117s3924is/xml/BILLS-117s3924is.xml |
117-s-3925 | II 117th CONGRESS 2d Session S. 3925 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions with respect to foreign persons responsible for the negligent creation of space debris, and for other purposes.
1. Short title This Act may be cited as the Deterring Errant Behavior Risking International Space Act of 2022 or the DEBRIS Act of 2022 . 2. Definitions In this Act: (1) Admission; admitted; alien The terms admission , admitted , and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Foreign person The term foreign person means a person that is not a United States person. (3) Person The term person means an individual or entity. (4) Space debris The term space debris means any human-made, Earth-orbiting object or fragment of an object that is nonfunctional and for which there is no reasonable expectation of assuming or resuming its intended function. (5) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 3. Determination by President (a) In general If persuasive information becomes available to the executive branch indicating the substantial possibility that a foreign person has created space debris without prior notification or warning to the United States Government, the President shall, not later than 30 days after the executive branch receives such information, submit to the appropriate congressional committees a report that includes— (1) a determination with respect to whether that foreign person is responsible for creating space debris without prior notification to the United States Government, through— (A) deliberate action, including weapons or technical testing in orbit; or (B) negligence, including through— (i) an unintentional collision of a human-made object that the foreign person failed to track; (ii) a failure to properly dispose of human-made objects, such as through deorbiting; or (iii) other gross negligence; and (2) an identification of any other foreign person that the President determines— (A) acted as an agent of or on behalf of the foreign person described in paragraph (1) in a matter relating to the creation of the space debris; or (B) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity resulting in the creation of the space debris. (b) Consideration of certain information in making a determination In determining whether a foreign person has engaged in an activity described in subsection (a), the President shall consider— (1) information provided by the chairperson and ranking member of each of the appropriate congressional committees; (2) information provided by the Commander of the United States Space Command; and (3) credible information obtained by other countries and nongovernmental organizations that monitor space debris. (c) Requests by chairperson and ranking member of appropriate congressional committees Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall— (1) determine if that person has engaged in such an activity; and (2) submit a report to the chairperson and ranking member of that committee with respect to that determination that includes— (A) a statement of whether or not the President imposed or intends to impose sanctions under section 4 with respect to the person; and (B) if the President imposed or intends to impose sanctions, a description of those sanctions. (d) Form of report The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and (2) the Committee on Science, Space, and Technology and the Committee on Armed Services of the House of Representatives. 4. Imposition of sanctions (a) In general Not later than 90 days after submitting a report under section 3(a), the President shall impose the sanctions described in subsection (b) with respect to any foreign person— (1) determined under paragraph (1) of section 3(a) to be responsible for creating space debris; or (2) identified under paragraph (2) of that section. (b) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property (A) In general The President shall exercise all of the powers granted 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 described in paragraph (1) or (2) of subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of this section. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in paragraph (1) or (2) of subsection (a) is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general An alien described in paragraph (1) or (2) of subsection (a) is subject to revocation of any visa or other entry documentation, regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (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) Exceptions (1) Exception relating to civil space cooperation Sanctions under subsection (b) shall not apply with respect to a person that is a party to an agreement relating to civil space cooperation with any agency of the United States. (2) Exception to comply with united nations headquarters agreement and law enforcement objectives Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting the alien into the United States— (A) would further important law enforcement objectives; or (B) is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (3) Exception relating to importation of goods (A) In general The requirement to block and prohibit all transactions in all property and interests in property under subsection (b)(1) 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. (e) Termination of sanctions The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that— (1) credible information exists that the person did not engage in the activity for which sanctions were imposed; (2) the person has been prosecuted appropriately for the activity for which sanctions were imposed; or (3) the termination of the sanctions is in the vital national security interests of the United States. (f) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, and the Committee on the Judiciary of the Senate; and (2) the Committee on Appropriations, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Science, Space, and Technology, the Committee on Armed Services, and the Committee on the Judiciary of the House of Representatives. 5. Reports to Congress (a) In general The President shall submit to the appropriate congressional committees, in accordance with subsection (b), a report that includes— (1) a list of each foreign person with respect to which the President imposed sanctions pursuant to section 4 during the year preceding the submission of the report; (2) the number of foreign persons with respect to which the President— (A) imposed sanctions under section 4(a) during that year; and (B) terminated sanctions under section 4(e) during that year; (3) the dates on which such sanctions were imposed or terminated, as the case may be; (4) the reasons for imposing or terminating such sanctions; and (5) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by section 4. (b) Dates for submission (1) Initial report The President shall submit the initial report under subsection (a) not later than 120 days after the date of the enactment of this Act. (2) Subsequent reports (A) In general The President shall submit a subsequent report under subsection (a) on April 12, or the first day thereafter on which both Houses of Congress are in session, of— (i) the calendar year in which the initial report is submitted if the initial report is submitted before April 12 of that calendar year; and (ii) each calendar year thereafter. (B) Form of report (i) In general Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (ii) Exception The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President— (I) determines that it is vital for the national security interests of the United States to do so; (II) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and (III) not later than 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including the name in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in section 4(a). (c) Public availability (1) In general The unclassified portion of the report required by subsection (a) shall be made available to the public, including through publication in the Federal Register. (2) Nonapplicability of confidentiality requirement with respect to visa records The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, and the Committee on the Judiciary of the Senate; and (2) the Committee on Appropriations, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Science, Space, and Technology, the Committee on Armed Services, and the Committee on the Judiciary of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3925is/xml/BILLS-117s3925is.xml |
117-s-3926 | II 117th CONGRESS 2d Session S. 3926 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Scott of Florida (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to address the issuance of securities by Chinese entities, and for other purposes.
1. Short title This Act may be cited as the Secure America’s Financial Exchanges Act or the SAFE Act . 2. Securities (a) In general Section 6(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f(b) ) is amended by adding at the end the following: (11) The rules of the exchange require an issuer, before the initial listing of any security of the issuer on the exchange, and in each annual report filed with the Commission and the exchange under section 13(a), to disclose the following information: (A) Whether the Government of the People’s Republic of China has provided the issuer with any financial support, including— (i) any direct subsidy, grant, loan, loan guarantee, tax concession, or benefit with respect to procurement policy; or (ii) any other form of support. (B) If the Government of the People’s Republic of China has provided support described in subparagraph (A), the conditions under which that Government provided that support, including whether that Government required the issuer to— (i) satisfy certain requirements with respect to exports; (ii) purchase items from certain entities; (iii) use certain intellectual property; or (iv) employ members of the Chinese Communist Party or other employees of that Government. (C) Whether there are any committees of the Chinese Communist Party established within the issuer, which shall include the disclosure of— (i) which employees of the issuer comprise that committee; and (ii) the roles played by the employees described in clause (i). (D) Information regarding each individual who, as of the date on which the disclosure is made, is an officer or director of the issuer (or a subsidiary of the issuer) and holds, or previously held, a position with the Chinese Communist Party or the Government of the People’s Republic of China, including the title of that position and the geographic location in which the individual holds or held that position, as applicable. . (b) Rules Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall make any amendments to the rules of the Commission that are necessary as a result of the amendments made by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3926is/xml/BILLS-117s3926is.xml |
117-s-3927 | II 117th CONGRESS 2d Session S. 3927 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Peters (for Mrs. Shaheen (for herself, Mr. Young , Mr. Peters , and Mr. Cramer )) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the Mental Health Excellence in Schools Program to increase the recruitment and retention of school-based mental health services providers, and for other purposes.
1. Short title This Act may be cited as the Mental Health Excellence in Schools Act . 2. Program to establish public-private contributions to increase the available workforce of school-based mental health service providers (a) Program authorized The Secretary shall carry out a program under which eligible graduate institutions may enter into an agreement with the Secretary to cover a portion of the cost of attendance of a participating student, which contributions shall be matched by equivalent contributions towards such cost of attendance by the Secretary. (b) Designation of program The program under this section shall be known as the Mental Health Excellence in Schools Program . (c) Agreements The Secretary shall enter into an agreement with each eligible graduate institution seeking to participate in the program under this section. Each agreement shall specify the following: (1) The manner (whether by direct grant, scholarship, or otherwise) in which the eligible graduate institution will contribute to the cost of attendance of a participating student. (2) The maximum amount of the contribution to be made by the eligible graduate institution with respect to any particular participating student in any given academic year. (3) The maximum number of individuals for whom the eligible graduate institution will make contributions in any given academic year. (4) That the eligible graduate institution, in selecting participating students to receive assistance under the program, shall prioritize the participating students described in subsection (d)(2). (5) Such other matters as the Secretary and the eligible graduate institution determine appropriate. (d) Outreach The Secretary shall— (1) make publicly available and periodically update on the internet website of the Department of Education a list of the eligible graduate institutions participating in the program under this section that shall specify, for each such graduate institution, appropriate information on the agreement between the Secretary and such eligible graduate institution under subsection (c); and (2) conduct outreach about the program under this section to participating students who, as undergraduates— (A) received a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ); or (B) attended an institution listed in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (e) Matching contributions The Secretary may provide a contribution of up to 50 percent of the cost of attendance of a participating student if the eligible graduate institution at which such student is enrolled enters into an agreement under subsection (c) with the Secretary to match such contribution. (f) Monitoring and evaluation As a condition of participation in the program under this section, each eligible graduate institution shall agree to submit an annual report to the Secretary describing— (1) the number of students served by the program; (2) the percentage of tuition cost covered by the program; (3) the number of participating students who were also recipients of a Federal Pell grant; and (4) as applicable, the graduation rates and post-graduate employment of participating students. (g) Interim report Not later than 2 years after the first contributions are provided under this section, the Secretary shall submit an interim report to Congress based on the annual reports required by subsection (f). (h) Independent national evaluation (1) In general Not later than 4 years after the date of enactment of this Act, the Secretary shall provide for the commencement of an independent national evaluation of the outcomes and effectiveness of the program under this section. (2) Report to congress Not later than 90 days after receiving the results of such independent national evaluation, the Secretary shall submit a report to Congress containing the findings of the evaluation and the Secretary’s recommendations for improvements to the program. (i) Authorization of appropriations There are authorized to be appropriated to carry out this Act— (1) $20,000,000 for fiscal year 2023; (2) $30,000,000 for fiscal year 2024; and (3) $50,000,000 for each of the fiscal years 2025 through 2027. 3. Definitions In this Act: (1) Cost of attendance The term cost of attendance has the meaning given the term in section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ). (2) Eligible graduate institution The term eligible graduate institution means an institution of higher education that offers a program of study that leads to a graduate degree— (A) in school psychology that is accredited or approved by the National Association of School Psychologists' Program Accreditation Board or the Commission on Accreditation of the American Psychological Association and that prepares students in such program for the State licensing or certification examination in school psychology at the specialist level; (B) in an accredited school counseling program that prepares students in such program for the State licensing or certification examination in school counseling; (C) in school social work that is accredited by the Council on Social Work Education and that prepares students in such program for the State licensing or certification examination in school social work; (D) in another school-based mental health field that prepares students in such program for the State licensing or certification examination in such field, if applicable; or (E) in any combination of study described in subparagraphs (A) through (D). (3) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) Participating student The term participating student means an individual who is enrolled in a graduate degree program in a school-based mental health field at a participating eligible graduate institution. (5) School-based mental health field The term school-based mental health field means each of the following fields: (A) School counseling. (B) School social work. (C) School psychology. (D) Any other field of study that leads to employment as a school-based mental health services provider, as determined by the Secretary. (6) School-based mental health services provider The term school-based mental health services provider has the meaning given the term in section 4102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7112 ). (7) Secretary The term Secretary means the Secretary of Education. | https://www.govinfo.gov/content/pkg/BILLS-117s3927is/xml/BILLS-117s3927is.xml |
117-s-3928 | II 117th CONGRESS 2d Session S. 3928 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Padilla (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a program so that small business concerns owned and controlled by socially and economically disadvantaged individuals may achieve proficiency to compete, on an equal basis, for contracts and subcontracts in Department of Transportation projects, and for other purposes.
1. Short title This Act may be cited as the Accelerating Small Business Growth Act . 2. Accelerating business growth program (a) Definitions In this section: (1) Secretary The term Secretary means the Secretary of Transportation. (2) Small business concern The term small business concern has the meaning given the term in section 11101(e)(2) of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 101 note; Public Law 117–58 ). (3) Socially and economically disadvantaged individuals The term socially and economically disadvantaged individuals has the meaning given the term in section 11101(e)(2) of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 101 note; Public Law 117–58 ). (b) Establishment The Secretary shall establish a competitive grant program to provide financial assistance to eligible entities to establish and carry out innovative programs so that small business concerns owned and controlled by socially and economically disadvantaged individuals may achieve proficiency to compete, on an equal basis, for contracts and subcontracts in projects carried out with financial assistance from the Secretary. (c) Eligible entities An entity eligible to receive financial assistance under this section is— (1) a State or territory; (2) a political subdivision of a State or local government; (3) a Tribal government; (4) a special purpose district or public authority with a transit function; (5) a port authority; (6) a metropolitan planning organization; or (7) a group of entities described in paragraphs (1) through (6). (d) Applications To be eligible to participate in the program under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (e) Partnerships In carrying out activities with a grant under this section, an eligible entity may partner with— (1) 1 or more nonprofit organizations; and (2) 1 or more institutions of higher education. (f) Required report (1) In general Not later than 2 years after an eligible entity is awarded a grant under this section, the eligible entity shall submit to the Secretary a report that includes— (A) a description of the activities carried out with the grant; and (B) an evaluation of the effectiveness of those activities in meeting the objectives described in subsection (b). (2) Public availability Each report submitted under paragraph (1) shall be made available on a public internet website managed by the Secretary. (g) Report to Congress Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that evaluates the program under this section, including— (1) a description of the number of grants awarded; (2) the amount of each grant; (3) the activities carried out with grants under this section; and (4) the effectiveness of those activities in meeting the objectives described in subsection (b). (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s3928is/xml/BILLS-117s3928is.xml |
117-s-3929 | II 117th CONGRESS 2d Session S. 3929 IN THE SENATE OF THE UNITED STATES March 24, 2022 Mr. Padilla (for himself, Mr. Menendez , and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide for disadvantaged business enterprise supportive services programs at modal administrations of the Department of Transportation, and for other purposes.
1. Short title This Act may be cited as the Disadvantaged Business Enterprise Supportive Services Expansion Act . 2. Increase cap for Federal Highway Administration disadvantaged business enterprise supportive services program (a) In general Section 140(c) of title 23, United States Code, is amended, in the second sentence, by striking $10,000,000 and inserting $25,000,000 . (b) Conforming amendment Section 104(a)(1) of title 23, United States Code, is amended by striking subparagraphs (A) through (E) and inserting the following: (A) $505,964,697 for fiscal year 2022; (B) $515,783,991 for fiscal year 2023; (C) $525,799,671 for fiscal year 2024; (D) $536,015,664 for fiscal year 2025; and (E) $546,435,977 for fiscal year 2026. . 3. Federal Transit Administration disadvantaged business enterprise supportive services program (a) In general Section 5332 of title 49, United States Code, is amended by adding at the end the following: (g) Disadvantaged business enterprise supportive services program (1) In general The Secretary, in cooperation with other Federal agencies, State agencies, authorities, associations, institutions, Tribal governments, for profit or nonprofit corporations, and any other organizations or persons, may develop, conduct, and administer training programs and assistance programs in connection with any program under this chapter so that small business concerns owned and controlled by socially and economically disadvantaged individuals may achieve proficiency to compete, on an equal basis, for contracts and subcontracts. (2) Funding Of the amounts made available to carry out section 5314, the Secretary shall use not more than $5,000,000 for each fiscal year to carry out this subsection. (3) Nonapplicability of certain provisions Notwithstanding section 3106 of title 41, section 6101 of that title shall not be applicable to contracts and agreements entered into pursuant to paragraph (1). . (b) Funding Section 5338(a) of title 49, United States Code, is amended— (1) in paragraph (1), by striking subparagraphs (B) through (E) and inserting the following: (B) $13,639,000,000 for fiscal year 2023; (C) $13,995,000,000 for fiscal year 2024; (D) $14,284,000,000 for fiscal year 2025; and (E) $14,647,000,000 for fiscal year 2026. ; and (2) in paragraph (2)(H), by striking $12,088,846 for fiscal year 2023, $12,404,500 for fiscal year 2024, $12,660,748 for fiscal year 2025, and $12,982,608 for fiscal year 2026 and inserting $17,088,846 for fiscal year 2023, $17,404,500 for fiscal year 2024, $17,660,748 for fiscal year 2025, and $17,982,608 for fiscal year 2026 . 4. Federal Aviation Administration socially and economically disadvantaged business participation supportive services program (a) In general Section 47113 of title 49, United States Code, is amended by adding at the end the following: (f) Socially and economically disadvantaged business participation supportive services program (1) In general The Secretary, in cooperation with the Assistant Administrator of the Office of Civil Rights of the Federal Aviation Administration, may make agreements to provide assistance to an eligible entity described in paragraph (2) to develop, conduct, and administer training programs and assistance programs in connection with any project carried out under a grant agreement under this subchapter in order that small business concerns owned and controlled by socially and economically disadvantaged individuals may achieve proficiency to compete, on an equal basis, for contracts and subcontracts related to such projects, and for Small Business Innovation Research contracts. (2) Eligible entities described An eligible entity described in this paragraph is any of the following: (A) A State or territory. (B) A political subdivision of a State or local government. (C) A Tribal government. (D) A special purpose district or public authority with an aviation function. (E) A port authority. (F) A metropolitan planning organization. (G) A group of entities described in any of subparagraphs (A) through (F). (H) Any other profit or non-profit organization or group of organizations deemed appropriate by the Secretary. (3) Funding From amounts available in the Airport and Airways Trust Fund established under section 9502 of the Internal Revenue Code of 1986, the Secretary, in cooperation with the Assistant Administrator of the Office of Civil Rights of the Federal Aviation Administration, may use such sums as necessary, not to exceed $5,000,000 per fiscal year, for the administration of this subsection. . (b) Expenditure authority from airport and airway trust fund Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting or section 47113(f) of title 49, United States Code before the semicolon at the end. | https://www.govinfo.gov/content/pkg/BILLS-117s3929is/xml/BILLS-117s3929is.xml |
117-s-3930 | II 117th CONGRESS 2d Session S. 3930 IN THE SENATE OF THE UNITED STATES March 24, 2022 Ms. Lummis (for herself and 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 Securities Exchange Act of 1934 to permit certain defendants to remove administrative proceedings to Federal court.
1. Short title This Act may be cited as the Administrative Enforcement Fairness Act of 2022 . 2. Removal of administrative proceedings The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended by inserting after section 27A ( 15 U.S.C. 78aa–1 ) the following: 27B. Removal of administrative proceedings (a) Definition In this section, the term eligible respondent means any respondent that does not act, or, at the time of the alleged misconduct, did not act as a registered broker or dealer, registered investment adviser, registered investment company, registered municipal securities dealer, registered nationally recognized statistical rating organization, registered government securities broker, registered government securities dealer, registered public accounting firm, or as a registered transfer agent. (b) Removal Any administrative proceeding brought by the Commission under this Act may be removed by the eligible respondent to the district court of the United States in accordance with section 1446 of title 28, United States Code. . | https://www.govinfo.gov/content/pkg/BILLS-117s3930is/xml/BILLS-117s3930is.xml |
117-s-3931 | II 117th CONGRESS 2d Session S. 3931 IN THE SENATE OF THE UNITED STATES March 24, 2022 Ms. Lummis introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Securities and Exchange Commission to extend exemptions for securities offered as part of employee pay to other individuals providing goods for sale, labor, or services for remuneration, and for other purposes.
1. Short title This Act may be cited as the Gig Worker Equity Compensation Act . 2. Extension of Rule 701 (a) In general (1) Definition For purposes of this subsection, the term customers , with respect to an issuer, may, at the election of the issuer, include users of a platform of the issuer. (2) Application The exemption provided under section 230.701 of title 17, Code of Federal Regulations, or any successor regulation, shall apply to individuals (other than employees) providing goods for sale, labor, or services for remuneration to an issuer, or to customers of an issuer, to the same extent as that exemption applies to employees of the issuer. (b) Adjustment for inflation Section 507 of the Economic Growth, Regulatory Relief, and Consumer Protection Act ( 15 U.S.C. 77e note) is amended, in the second sentence, by striking every 5 years and inserting annually . (c) Rulemaking (1) Proposed rules Not later than 270 days after the date of enactment of this Act, the Commission shall issue proposed revisions to section 230.701 of title 17, Code of Federal Regulations, or any successor regulation— (A) to reflect the requirements of this section; and (B) that do not revise such section 230.701 in any manner that would have the effect of restricting access to equity compensation for employees or individuals described in subsection (a). (2) Final rules Not later than 270 days after the date on which the Commission issues the proposed revisions required under paragraph (1), the Commission shall issue a final version of those revisions. | https://www.govinfo.gov/content/pkg/BILLS-117s3931is/xml/BILLS-117s3931is.xml |
117-s-3932 | II 117th CONGRESS 2d Session S. 3932 IN THE SENATE OF THE UNITED STATES March 28, 2022 Mr. King (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Downeast Maine National Heritage Area in the State of Maine, and for other purposes.
1. Short title This Act may be cited as the Downeast Maine National Heritage Area Act . 2. Findings Congress finds that— (1) the area in Maine known as Downeast Maine embodies a nationally important story of the longstanding human dependence on natural resources to survive and thrive; (2) dramatic changes have occurred on many levels over the last several centuries in Downeast Maine, but even after 10,000 years— (A) the economy and well-being of Downeast Maine depends on the same natural resources that have existed for centuries; and (B) the culture of Downeast Maine continues to be shaped by those resources; (3) dependence on the natural resources in Downeast Maine for economic, community, and environmental health has led to habitat conservation and species restoration initiatives that allow natural systems and cultural associations to remain intact in Downeast Maine; (4) coastal fisheries, forest products, agriculture, wild blueberries, subsistence harvests, outdoor recreation, tourism, and habitat conservation are the heart of the culture and economy of Downeast Maine; (5) traditions of trade and culture from the past can be experienced firsthand in Downeast Maine; (6) the Downeast Maine way of life is visible— (A) in historic districts, working waterfronts, and community festivals in Downeast Maine; and (B) at the 51 historical societies and museums located in Downeast Maine; (7) Passamaquoddy language and arts and traditions from the fishing, logging, maritime, and wild blueberry industries are preserved in audio and photographic collections in Downeast Maine; (8) markets and galleries in Downeast Maine showcase arts, foods, and utilitarian products created with the natural resources of the area that can be purchased directly from the producer; (9) community festivals in Downeast Maine celebrate the nature-based culture of Downeast Maine; (10) lighthouses and watercraft dominate the coastal scenery in Downeast Maine; and (11) the scenic byways and network of land and water trails in Downeast Maine provide a physical experience of unique geologic features, waterways, wildlife, and working landscapes, such as wild blueberry fields and forests. 3. Definitions In this Act: (1) Heritage area The term Heritage Area means the Downeast Maine National Heritage Area established by section 4(a). (2) Local coordinating entity The term local coordinating entity means the local coordinating entity for the Heritage Area designated by section 5(a). (3) Management plan The term management plan means the plan developed by the local coordinating entity under section 6(a). (4) Secretary The term Secretary means the Secretary of the Interior. (5) State The term State means the State of Maine. 4. Downeast Maine National Heritage Area (a) Establishment There is established the Downeast Maine National Heritage Area in the State. (b) Boundaries The Heritage Area shall consist of Hancock and Washington Counties in the State. 5. Designation of local coordinating entity (a) Local coordinating entity The Sunrise County Economic Council shall be the local coordinating entity for the Heritage Area. (b) Authorities of local coordinating entity The local coordinating entity may, for purposes of preparing and implementing the management plan, use Federal funds made available under this Act— (1) to prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area; (2) to make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; (3) to enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and other organizations; (4) to hire and compensate staff; (5) to obtain funds or services from any source, including funds and services provided under any other Federal program or law; and (6) to contract for goods and services. (c) Duties of local coordinating entity To further the purposes of the Heritage Area, the local coordinating entity shall— (1) prepare a management plan for the Heritage Area in accordance with section 6; (2) give priority to the implementation of actions, goals, and strategies set forth in the management plan, including assisting units of government and other persons in— (A) carrying out programs and projects that recognize and protect important resource values in the Heritage Area; (B) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (C) establishing and maintaining interpretive exhibits in the Heritage Area; (D) developing heritage-based recreational and educational opportunities for residents and visitors in the Heritage Area; (E) increasing public awareness of and appreciation for the natural, historic, and cultural resources of the Heritage Area; (F) restoring historic buildings that are— (i) located in the Heritage Area; and (ii) related to the themes of the Heritage Area; and (G) installing throughout the Heritage Area clear, consistent, and appropriate signs identifying public access points and sites of interest; (3) consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the Heritage Area in developing and implementing the management plan; (4) conduct public meetings at least semiannually regarding the development and implementation of the management plan; and (5) for any fiscal year for which Federal funds are received under this Act— (A) submit to the Secretary an annual report that describes— (i) the accomplishments of the local coordinating entity; (ii) the expenses and income of the local coordinating entity; and (iii) the entities to which the local coordinating entity made any grants; (B) make available for audit all records relating to the expenditure of the Federal funds and any matching funds; and (C) require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records relating to the expenditure of the Federal funds. 6. Management plan (a) In general Not later than 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity shall prepare and submit to the Secretary a management plan for the Heritage Area. (b) Contents The management plan for the Heritage Area shall— (1) include comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area; (2) take into consideration existing State and local plans; (3) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area; (4) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained; and (5) include an analysis of, and recommendations for, ways in which Federal, State, and local programs, may best be coordinated to further the purposes of this Act, including recommendations for the role of the National Park Service in the Heritage Area. (c) Disqualification from funding If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity may not receive additional funding under this Act until the date on which the Secretary receives the proposed management plan. (d) Approval and disapproval of management plan (1) In general Not later than 180 days after the date on which the local coordinating entity submits the management plan to the Secretary, the Secretary shall approve or disapprove the proposed management plan. (2) Considerations In determining whether to approve or disapprove the management plan, the Secretary shall consider whether— (A) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has provided adequate opportunities (including public meetings) for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area; and (D) the management plan is supported by the appropriate State and local officials, the cooperation of which is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Disapproval and revisions (A) In general If the Secretary disapproves a proposed management plan, the Secretary shall— (i) advise the local coordinating entity, in writing, of the reasons for the disapproval; and (ii) make recommendations for revision of the proposed management plan. (B) Approval or disapproval The Secretary shall approve or disapprove a revised management plan not later than 180 days after the date on which the revised management plan is submitted. (e) Approval of amendments (1) In general The Secretary shall review and approve or disapprove substantial amendments to the management plan in accordance with subsection (d). (2) Funding Funds appropriated under this Act may not be expended to implement any changes made by an amendment to the management plan until the Secretary approves the amendment. 7. Relationship to other Federal agencies (a) In general Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and coordination The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the extent practicable. (c) Other Federal agencies Nothing in this Act— (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 8. Private property and regulatory protections Nothing in this Act— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. 9. Evaluation; report (a) In General Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall— (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation An evaluation conducted under subsection (a)(1) shall— (1) assess the progress of the local coordinating entity with respect to— (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report (1) In general Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Required analysis If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress On completion of the report, the Secretary shall submit the report to— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. 10. Authorization of appropriations (a) In general There is authorized to be appropriated for the Heritage Area $10,000,000, of which not more than $1,000,000 is authorized to be appropriated for any fiscal year. (b) Availability Amounts made available under subsection (a) shall remain available until expended. (c) Cost-Sharing requirement (1) In general The Federal share of the total cost of any activity carried out using funds made available under this Act shall be not more than 50 percent. (2) Form The non-Federal share of the total cost of any activity carried out using funds made available under this Act may be in the form of in-kind contributions of goods or services fairly valued. 11. Termination of authority The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3932is/xml/BILLS-117s3932is.xml |
117-s-3933 | II 117th CONGRESS 2d Session S. 3933 IN THE SENATE OF THE UNITED STATES March 28, 2022 Mr. Sanders (for himself and Mr. Markey ) 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 impose an income tax on excess profits of certain corporations.
1. Short title This Act may be cited as the Ending Corporate Greed Act . 2. Tax on excess business profits of certain corporations (a) In general Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: VIII Excess business profits Sec. 59B. Tax on excess business profits of taxpayers with substantial gross receipts. 59B. Tax on excess business profits of taxpayers with substantial gross receipts (a) Imposition of tax There is hereby imposed on each applicable taxpayer for any taxable year a tax equal to 95 percent of the excess profits for the taxable year. Such tax shall be in addition to any other tax imposed by this subtitle. (b) Limitation The amount of tax imposed under subsection (a) for any taxable year shall not exceed 75 percent of the modified taxable income of the taxpayer for such taxable year. (c) Excess profits For purposes of this section— (1) In general The term excess profits means, with respect to any applicable taxpayer for any taxable year, the excess of— (A) the modified taxable income of the taxpayer for the taxable year, over (B) the average of the inflation adjusted modified taxable income of the taxpayer for taxable years beginning in 2015, 2016, 2017, 2018, and 2019. (2) Inflation adjusted modified taxable income (A) In general The term inflation adjusted modified taxable income means, with respect to any taxable year described in paragraph (1)(B), the modified adjusted gross income for such taxable year increased by an amount equal to— (i) such modified adjusted gross income, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year described in paragraph (1)(A) begins, calculated by using in section 1(f)(3)(A)(ii) the CPI for the calendar year immediately before the calendar year in which the taxable year for which the increase under this paragraph is determined in lieu of the CPI for calendar year 2016. (B) Rounding Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. (d) Modified taxable income For purposes of this section, the term modified taxable income means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: (1) Global intangible low-taxed income In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. (2) Deductions for FDII and GILTI No deduction shall be allowed under section 250. (3) Depreciation system In the case of tangible property, the depreciation deduction allowable under section 167 shall be determined under the alternative depreciation system of section 168(g). (4) Research and experimental expenses Section 174 shall be applied to amounts paid or incurred in any taxable year beginning on or before December 31, 2021, in the same manner as it is applied to amounts paid or incurred in taxable years beginning after such date. (5) Deductions for employee remuneration (A) In general Section 162(m) shall be applied— (i) by substituting covered individual (as defined in section 59B(d)(5)(B)) for covered employee each place it appears in paragraphs (1) and (4) thereof, (ii) by treating any reference to an employee in paragraphs (1) and (4) thereof as a reference to an individual , and (iii) by substituting was required to file reports under section 15(d) of such Act ( 15 U.S.C. 78o(d) ) at any time during the 3-taxable year period ending with the taxable year for is required to file reports under section 15(d) of such Act ( 15 U.S.C. 78o(d) ) in paragraph (2) thereof. (B) Covered individual For purposes of applying this paragraph to section 162(m), the term covered individual means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. (e) Applicable taxpayer For purposes of this section— (1) In general The term applicable taxpayer means, with respect to any taxable year, a taxpayer— (A) which is a corporation other than a regulated investment company, a real estate investment trust, or an S corporation, and (B) the average annual gross receipts of which for the 3-taxable-year period ending with the preceding taxable year are at least $500,000,000. (2) Gross receipts (A) Special rule for foreign persons In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. In the case of a taxpayer which is a foreign person, the preceding sentence shall not apply to the gross receipts of any United States person which are aggregated with the taxpayer's gross receipts by reason of paragraph (3). (B) Other rules made applicable Rules similar to the rules of section 448(c)(3) shall apply in determining gross receipts for purposes of this section. (3) Aggregation rules All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. (f) Termination This section shall not apply to any taxable year beginning after December 31, 2024. . (b) Conforming amendment The table of subchapters for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: PART VIII—Excess business profits . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3933is/xml/BILLS-117s3933is.xml |
117-s-3934 | II 117th CONGRESS 2d Session S. 3934 IN THE SENATE OF THE UNITED STATES March 28, 2022 Mrs. Hyde-Smith (for herself, Mr. Wicker , Mr. Cassidy , Mr. Kennedy , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To permit policyholders under the National Flood Insurance Program to elect to have previous premium rates remain in effect until the Administrator of the Federal Emergency Management Agency satisfies certain conditions, and for other purposes.
1. Short title This Act may be cited as the Homeowner Flood Insurance Transparency and Protection Act . 2. Chargeable premium rates (a) Definitions In this section— (1) the term Administrator means the Administrator of the Federal Emergency Management Agency; and (2) 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. ). (b) Option for policyholders (1) In general Notwithstanding section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 ), a policyholder under the National Flood Insurance Program may elect to have the chargeable premium rate for the applicable property of the policyholder, as in effect on April 1, 2020, apply and remain in effect during the period beginning on the date of enactment of this Act and ending on the date on which the Administrator completes all of the actions described in subsection (c), without regard to the chargeable premium rate that is in effect for that property, as of the day before the date of enactment of this Act. (2) Notification requirement The Administrator shall provide each policyholder under the National Flood Insurance Program a notification regarding the right of the policyholder under paragraph (1). (c) Required actions The actions of the Administrator described in this subsection are as follows: (1) Makes available to the public all data and methods used to prescribe chargeable premium rates for types and classes of properties for which insurance coverage is available under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ) (referred to in this subsection as chargeable premium rates ) under Risk Rating 2.0, or any substantially similar methodology. (2) Creates an online database that is available to policyholders under the National Flood Insurance Program that provides each such policyholder with information regarding what the chargeable premium rate for the applicable property of the policyholder would be— (A) under Risk Rating 2.0, or any substantially similar methodology; and (B) assuming that the limitation under section 1308(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e) ) were not in effect. (3) Completes and publishes a comprehensive assessment of the economic and social impacts of implementing Risk Rating 2.0 (or any substantially similar methodology) during the 20-year period beginning in the year in which the assessment is made, which shall include an evaluation of the effect that such implementation will have, during that 20-year period, on— (A) the affordability and availability of flood insurance under the National Flood Insurance Program; (B) property values; and (C) non-Federal Government revenues. (4) Supplements (and revises, as appropriate) the Record of Decision for the final nationwide programmatic environmental impact statement evaluating the environmental impacts of proposed modifications to the National Flood Insurance Program (83 Fed. Reg. 24328) to include the impacts of implementing Risk Rating 2.0, or any substantially similar methodology. (5) Demonstrates that the data and methods used to prescribe chargeable premium rates under Risk Rating 2.0, or any substantially similar methodology, satisfy the requirements under section 515 of the Consolidated Appropriations Act, 2001 ( Public Law 106–554 ; 114 Stat. 2763A–153), including that, in implementing that methodology, the Administrator ensures and maximizes the quality, objectivity, utility, and integrity of information disseminated by the Administrator. (6) Conducts public notice and comment rulemaking under chapter 5 of title 5, United States Code, regarding Risk Rating 2.0, or any substantially similar methodology, which shall include the development of a fair, transparent, and streamlined process to manage— (A) disputes over chargeable premium rates; and (B) other factors with respect to the implementation of that methodology. (7) For each county in the United States, publishes the distribution of chargeable premium rates showing the median, mean, lower and upper quartiles, maximum amount, and minimum amount of chargeable premium rates under each of the following: (A) The method used to prescribe chargeable premium rates, as of September 30, 2021. (B) The methodology projected to be used to prescribe chargeable premium rates, as of April 1, 2022, assuming that the limitations under section 1308(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e) ) are applied. (C) The methodology described in subparagraph (B), assuming that the limitations described in that subparagraph are not applied. (D) The methodology described in subparagraph (B), assuming that— (i) the limitations described in that subparagraph are applied; and (ii) the administrative costs of the National Flood Insurance Program are allocated on a uniform, per contract basis rather than as allocated under Risk Rating 2.0, or any substantially similar methodology. (E) The methodology described in subparagraph (B), assuming that— (i) the limitations described in that subparagraph are not applied; and (ii) the administrative costs of the National Flood Insurance Program are allocated on a uniform, per contract basis rather than as allocated under Risk Rating 2.0, or any substantially similar methodology. (8) Submits to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report detailing the satisfaction of the requirements under paragraphs (1) through (7). | https://www.govinfo.gov/content/pkg/BILLS-117s3934is/xml/BILLS-117s3934is.xml |
117-s-3935 | II 117th CONGRESS 2d Session S. 3935 IN THE SENATE OF THE UNITED STATES March 28, 2022 Mr. Johnson (for himself, Mr. Cruz , Mr. Thune , Mr. Scott of Florida , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Director of the Bureau of Justice Statistics to submit to Congress a report relating to individuals granted bail and pretrial release in State courts, and for other purposes.
1. Short title This Act may be cited as the Pretrial Release Reporting Act . 2. Findings Congress finds the following: (1) Multiple jurisdictions across the United States— (A) broke annual homicide records in 2021; and (B) have reported individuals committing violent felony offenses after being granted bail or pretrial release. (2) The failure of felony defendants to appear for mandatory court appearances and felony bail jumping has increased in multiple jurisdictions across the United States. (3) The most recent report issued by the Bureau of Justice Statistics relating to the pretrial release of felony defendants in State courts is from 2007. (4) The National Pretrial Reporting Program of the Bureau of Justice Statistics was created to collect information on criminal justice processing of individuals charged with felony offenses in State courts, with particular attention given to pretrial release and detention. (5) In 2020, the National Pretrial Reporting Program of the Bureau of Justice Statistics awarded a grant of $2,000,000 to collect information relating to individuals charged with felony offenses and released from criminal pretrial detention. (6) Neither the National Pretrial Reporting Program of the Bureau of Justice Statistics nor the Bureau of Justice Statistics has published any information relating to the pretrial release of felony defendants in State courts since the 2020 grant award. 3. Report (a) In general Not later than 180 days after the date of enactment of this Act, the Director of Bureau of Justice Statistics shall submit to Congress a report on information relating to individuals granted bail and pretrial release from State courts that are charged with 1 or more of the following violent felony offenses: (1) Murder or attempted murder. (2) Manslaughter, other than involuntary manslaughter. (3) Rape or attempted rape. (4) Assault with the intent to commit murder. (5) Assault with the intent to commit rape. (6) Aggravated sexual abuse, sexual abuse, attempted sexual abuse, or abusive sexual conduct. (7) Battery or aggravated battery. (8) Kidnapping. (9) Robbery. (10) Resisting or obstructing an officer. (11) Carjacking. (12) Recklessly endangering safety. (13) Illegal possession of a firearm in the commission of a felony. (14) Any other violent felony offense tracked by the jurisdiction in which the offense is committed. (b) Contents The report submitted under subsection (a) shall include— (1) the number of individuals granted bail or pretrial release from State courts that are charged with an offense described in subsection (a); (2) the number of individuals who, after being granted bail or pretrial release, are rearrested or charged with an additional violent felony offense; (3) the percentage of individuals granted bail or pretrial release from State courts who— (A) are charged with a violent felony offense; and (B) have a prior arrest or conviction for a violent felony offense; (4) with respect to the pretrial releases described in paragraph (2) for which the pretrial release condition was bail, the amount of bail granted for each individual; (5) the number of missed mandatory court appearances by individuals charged with a violent felony offense; (6) the factors used by State courts for assessing whether to grant bail or pretrial release to individuals who have prior arrests or prior felony convictions for a violent felony offense; (7) with respect to individuals who have committed a violent felony offense after being granted bail or pretrial release, the classification of the violent felony offenses; (8) the status, as of the date of enactment of this Act, of the National Pretrial Reporting Program of the Bureau of Justice Statistics and the activities of that Program; and (9) an accounting for each fiscal year of the amounts that the Department of Justice has spent, or transferred to components of the Department of Justice, in order to collect information on bail and pretrial release in State courts including, with respect to any grants or contracts awarded for that purpose, the amount and the purpose of the grant or contract. | https://www.govinfo.gov/content/pkg/BILLS-117s3935is/xml/BILLS-117s3935is.xml |
117-s-3936 | II 117th CONGRESS 2d Session S. 3936 IN THE SENATE OF THE UNITED STATES March 28, 2022 Mr. Bennet (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for the use of seized Russian assets to provide support to citizens of Ukraine who have been made refugees as a result of the illegal invasion of Ukraine by the Russian Federation, and for other purposes.
1. Short title This Act may be cited as the Repurposing Elite Luxuries Into Emergency Funds for Ukraine Act . 2. Use of seized Russian assets to support Ukrainian refugees (a) Deposit of proceeds of seized assets Notwithstanding section 524(c) of title 28, United States Code, or any other provision of law, the Attorney General shall deposit all proceeds resulting from the liquidation of assets seized as a result of actions taken by the Task Force KleptoCapture, as announced by the Attorney General on March 2, 2022, into the Ukrainian Relief Fund established under subsection (b). (b) Ukrainian Relief Fund (1) Establishment The Secretary of the Treasury shall establish an account, to be known as the Ukrainian Relief Fund , to be available, as provided in advance in appropriations Acts— (A) to the Secretary of State for use, in consultation with the Administrator of the United States Agency for International Development, as specified in paragraph (2); and (B) to the Attorney General for administrative costs relating to the seizure and liquidation of assets through the Task Force KleptoCapture. (2) Use of funds to support Ukrainian refugees Amounts in the Ukrainian Relief Fund shall be available to provide support to the people of Ukraine following the illegal invasion of Ukraine by the Russian Federation, including— (A) to promote the security, safety, health, well-being, and resettlement of Ukrainian refugees; (B) to support international or nonprofit organizations engaged in direct efforts to support Ukrainian refugees; (C) to support the reconstruction, rehabilitation, and general recovery of Ukraine in areas no longer controlled by the Russian Federation, as certified by the Secretary of State; and (D) through such other manner as the Secretary considers appropriate to promote the security, welfare, and dignity of Ukrainian refugees, the recovery of the economy of Ukraine, and the general welfare of the people of Ukraine. (c) Report required Not later than 180 days after the date of the enactment of this Act, and on an ongoing basis thereafter, the Attorney General, the Secretary of State, and the Administrator of the United States Agency for International Development shall jointly report to Congress on— (1) assets seized and liquidated as described in subsection (a) and deposited into the Ukrainian Relief Fund established under subsection (b); and (2) the use of amounts in the Ukrainian Relief Fund to support Ukrainian refugees and the reconstruction of Ukraine. | https://www.govinfo.gov/content/pkg/BILLS-117s3936is/xml/BILLS-117s3936is.xml |
117-s-3937 | II 117th CONGRESS 2d Session S. 3937 IN THE SENATE OF THE UNITED STATES March 28, 2022 Mr. Rounds (for himself, Ms. Smith , Mr. Thune , and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a home-based telemental health care demonstration program for purposes of increasing mental health services in rural medically underserved populations and for individuals in farming, fishing, and forestry occupations.
1. Short title This Act may be cited as the Home-Based Telemental Health Care Act of 2022 . 2. Findings Congress finds as follows: (1) According to a 2020 report by the Centers for Disease Control and Prevention, titled Mental Health, Substance Use and Suicidal Ideation during the COVID–19 Pandemic (referred to in this section as the CDC report ), elevated levels of adverse mental health conditions, substance use, and suicidal ideation were reported by adults in the United States in June 2020, after the onset of the COVID–19 pandemic. The prevalence of symptoms of anxiety disorder was 25.5 percent, compared to 8.1 percent in the second quarter of 2019. Additionally, 24.3 percent of adults experienced depressive disorders in June 2020, 4 times the 6.5 percent reported in the second quarter of 2019. (2) According to the CDC report, approximately 30 percent of rural adults who responded to a survey of the Centers for Disease Control and Prevention suffered from anxiety or depression, and approximately 10 percent of such adults seriously considered suicide in the past 30 days. (3) A 2016 study by the Centers for Disease Control and Prevention suggests that people in farming, fishing, and forestry occupations (referred to in this section as the Triple–F industry) in the United States experienced rates of 75 and 76 suicides per 100,000 people in 2012 and 2015, respectively. (4) Such 2016 study by the Centers for Disease Control and Prevention indicates that suicide rates for male farmers, ranchers, and other agricultural managers were double the rate for the general population in 2012. If farmers, ranchers, and agricultural managers were considered a major group for purposes of such study, that group would rank first in suicides in 2012 and third in 2015. (5) According to a 2019 report of the National Survey on Drug Use and Health, 22.4 percent of residents in rural communities aged 18 or older who experienced mental illness perceived an unmet need for mental health services. Of these individuals, 17.9 percent did not receive any mental health services in the prior year. (6) The COVID–19 pandemic put additional stress on people in the Triple–F population. In the early stages, the pandemic caused instability in the markets, especially as the virus caused a downturn in food service sales and closed meat processing plants across the Nation. Farmers were left with low commodity prices and loss of revenue. This community has spent the last 2 years attempting to rebound from the effects of the pandemic. Additional resources are needed to support the mental health needs of this population. (7) While the prevalence of mental illness is similar among rural and urban residents, the services available to each population are very different. Mental health care needs are not met in rural communities due to many challenges, including accessibility issues due to transportation and geographic isolation, the stigma of needing or receiving mental health care, a lack of anonymity when seeking treatment, shortages of mental health workforce professionals, and affordability due to a high rate of uninsured residents. (8) Telemental health, which is the delivery of mental health services using remote technologies when the patient and provider are separated by distance, shows promise in helping to alleviate the lack of mental health services in rural areas. Traditional telemental health models involve care delivered to a patient at an originating clinical site from a specialist working at a distant site. Having the ability to reach mental health professionals from a place of comfort, such as home, from a personal device may reduce challenges faced in rural areas and amongst Triple–F workers. (9) A clinical trial of 241 depressed elderly veterans, which was conducted by the Medical University of South Carolina and the Ralph H. Johnson Veterans Affairs Medical Center and reported in the Journal of Clinical Psychiatry, found that home-based telemental health for depression is well received by patients and delivers as good a quality of life as in-person visits. 3. Mental health services delivered to rural underserved populations via telemental health care Title III of the Public Health Service Act is amended by inserting after section 330K ( 42 U.S.C. 254c–16 ) the following: 330K–1. Mental health services delivered to rural underserved populations via telemental health care (a) Definitions In this section— (1) the term covered populations means— (A) medically underserved populations in rural areas (as defined in section 1886(d)(2)(D) of the Social Security Act); or (B) populations engaged in a farming, fishing, or forestry industry; (2) the term eligible entity means a public or nonprofit private telemental health provider network that offers services that include mental health services provided by professionals trained in mental health; (3) the term farming, fishing, or forestry industry means an occupation defined as a farming, fishing, or forestry occupation by the Department of Labor in accordance with the Standard Occupational Classification System; (4) the term home-based telemental means the use of telemental health services where the patient is in his or her own home or other place of comfort; (5) the term medically underserved population has the meaning given such term in section 330(b); (6) the term professional trained in mental health means a psychiatrist, a qualified mental health professional (as defined in section 330K), or another mental health professional acting under the direction of a psychiatrist; (7) the term rural has the meaning given such term by the Office of Rural Health Policy of the Health Resources and Services Administration; and (8) the term telemental health means the use of electronic information and telecommunications technologies to support long distance clinical health care, patient and professional health-related education, public health, and health administration. (b) Program authorized The Secretary, acting through the Director of the Office for the Advancement of Telehealth of the Health Resources and Services Administration and in coordination with the Rural Health Liaison of the Department of Agriculture, shall award grants to eligible entities to establish demonstration projects for the provision of mental health services to covered populations in their homes, as delivered remotely by professionals trained in mental health using telemental health care. (c) Use of funds Recipients of a grant under this section shall use the grant funds to— (1) deliver home-based telemental health services to covered populations; and (2) develop comprehensive metrics to measure the quality and impact of home-based telemental health services compared to traditional in-person mental health care. (d) Report The Secretary, in consultation with the Secretary of Agriculture, not later than 3 years after the date on which the program under this section commences, and 2 years thereafter, shall submit to the appropriate congressional committees reports on the impact and quality of care of home-based telemental health care services for covered populations. (e) Authorized use of funds Out of any amounts made available to the Secretary, up to $10,000,000 for each of fiscal years 2022 through 2026 may be allocated to carrying out the program under this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s3937is/xml/BILLS-117s3937is.xml |
117-s-3938 | II 117th CONGRESS 2d Session S. 3938 IN THE SENATE OF THE UNITED STATES March 28, 2022 Mr. Durbin (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To reauthorize the READ Act.
1. Short title This Act may be cited as the READ Act Reathorization Act of 2022 . 2. Reauthorization Section 4(a) of the Reinforcing Education Accountability in Development Act (division A of Public Law 115–56 ; 22 U.S.C. 2151c note) is amended by striking during the following five fiscal years and inserting during the following ten fiscal years . | https://www.govinfo.gov/content/pkg/BILLS-117s3938is/xml/BILLS-117s3938is.xml |
117-s-3939 | II 117th CONGRESS 2d Session S. 3939 IN THE SENATE OF THE UNITED STATES March 28, 2022 Mr. Scott of South Carolina (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Act of 1933 to provide small issuers with a micro-offering exemption free of mandated disclosures or offering filings, but subject to the antifraud provisions of the Federal securities laws, and for other purposes.
1. Short title This Act may be cited as the Small Entrepreneurs’ Empowerment and Development Act of 2022 or the SEED Act of 2022 . 2. Micro-offering exemption (a) In general Section 4 of the Securities Act of 1933 ( 15 U.S.C. 77d ) is amended— (1) in subsection (a), by adding at the end the following: (8) transactions meeting the requirements of subsection (f). ; and (2) by adding at the end the following: (f) Micro-Offerings (1) In general The transactions referred to in subsection (a)(8) are transactions involving the sale of securities by an issuer (including all entities controlled by or under common control with the issuer) where the aggregate amount of all securities sold by the issuer, including any amount sold in reliance on the exemption provided under subsection (a)(8), during the 12-month period preceding such transaction, does not exceed $500,000. (2) Adjustment The dollar amount in paragraph (1) shall be adjusted by the Commission not less frequently than once every 5 years and at the same time as the adjustments made under section 4A(h), by notice published in the Federal Register to reflect any change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, setting the threshold to the nearest 10,000. (3) Bad actor prohibition The exemption under this subsection shall not apply to any person subject to— (A) an event that would disqualify an issuer or other covered person under section 230.506(d)(1) of title 17, Code of Federal Regulations; or (B) a statutory disqualification, as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). . (b) Exemption under State regulations Section 18(b)(4) of the Securities Act of 1933 ( 15 U.S.C. 77r(b)(4) ) is amended— (1) in subparagraph (F), by striking or at the end; (2) in subparagraph (G), by striking the period and inserting ; or ; and (3) by adding at the end the following: (H) section 4(a)(8). . | https://www.govinfo.gov/content/pkg/BILLS-117s3939is/xml/BILLS-117s3939is.xml |
117-s-3940 | II 117th CONGRESS 2d Session S. 3940 IN THE SENATE OF THE UNITED STATES March 28, 2022 Mrs. Shaheen (for herself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to authorize the Assistant Secretary for Mental Health and Substance Use to award grants, contracts, and cooperative agreements for planning, establishing, or administering programs to prevent and address the misuse of opioids, related drugs, and other drugs commonly used in pain management or injury recovery, as well as the co-use of one or more such drugs with other substances, by students and student athletes, and for other purposes.
1. Short title This Act may be cited as the Student and Student Athlete Opioid Misuse Prevention Act . 2. Grants for opioid misuse prevention Part A of title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ) is amended by adding at the end the following: 506B. Grants for student and student athlete opioid misuse prevention (a) In general The Assistant Secretary, in consultation with the Secretary of Education, may award grants, contracts, and cooperative agreements to eligible entities for planning, establishing, or administering programs to prevent and address the misuse of opioids, related drugs, and other drugs commonly used in pain management or injury recovery, as well as the co-use of one or more such drugs with other substances, by students and student athletes. (b) Eligibility To be eligible to receive a grant under this section, an entity shall be— (1) a State or other public entity; (2) a nonprofit organization; or (3) a drug-free community coalition. (c) Use of Funds Amounts received through an award under this section may be used for any of the following: (1) Carrying out one or more school-based programs concerning the dangers of the misuse of, and addiction to, opioids, related drugs, and other drugs commonly used in pain management or injury recovery, as well as the co-use of one or more such drugs with other substances, which programs may include— (A) initiatives that give students the responsibility to create their own anti-drug abuse education programs; (B) school-based programs that are focused on school districts with high or increasing rates of misuse of, and addiction to, opioids, and targeted at populations that are most at risk to start misusing such drugs, including schools that do not have a certified athletic trainer on staff; and (C) school-based prevention programs that are focused on student athletes and the risk of misuse of, and addiction to, opioids, as well as the co-use of opioids with other substances, as part of injury recovery and pain management. (2) Carrying out community-based misuse and addiction prevention programs relating to opioids, related drugs, and other drugs commonly used in pain management or injury recovery, as well as the co-use of one or more such drugs with other substances, which programs may include— (A) such programs through youth sports organizations; (B) community-based prevention programs that are focused on populations within the community that are most at risk for misuse of, and addiction to, opioids; and (C) community-based programs that are focused on youth athletes and the risk of misuse of, and addiction to, opioids, as well as the co-use of opioids with other substances, as part of injury recovery and pain management. (3) Engaging youth, high school, or collegiate athletic and recreation programs and associations concerning the dangers of the misuse of, and addiction to, opioids, related drugs, and other drugs commonly used in pain management or injury recovery, as well as the co-use of one or more such drugs with other substances, which may include— (A) initiatives that give student athletes the responsibility to create their own anti-drug abuse education programs for their schools; and (B) collegiate-based programs that are focused on collegiate athletes, including club sports and recreation sports, and the risk for misuse of, and addiction to, opioids, as well as the co-use of opioids with other substances, as part of injury recovery and pain management. (4) Assisting local government entities to conduct appropriate prevention activities relating to youth and the risk for misuse of, and addiction to, opioids, as well as the co-use of opioids with other substances, as part of injury recovery and pain management. (5) Training and educating State and local officials, youth athletics organizers, school administrators and staff, teachers, athletic directors, athletic trainers, coaches, collegiate administrators, directors of campus recreation, and campus-based medical providers, on the signs of misuse of opioids and the options for treatment, including holistic and comprehensive pain management solutions, and prevention of such misuse. (d) Evaluation; reporting (1) In general The Assistant Secretary, in consultation with the heads of other relevant Federal agencies, shall— (A) conduct or support periodic evaluations of the programs funded under this section and other effective programs to prevent and address misuse of, and addiction to, opioids, related drugs, and other drugs commonly used for pain management and injury recovery; and (B) develop strategies for disseminating information about and implementing such programs. (2) Annual report The Assistant Secretary shall annually submit to the Committee on Energy and Commerce, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions, the Committee on the Judiciary, and the Committee on Appropriations of the Senate, a report on the programs evaluated under paragraph (1)(A) and the strategies developed under paragraph (1)(B). (e) Definition In this section the term drug-free community coalition means a community-based coalition that is a current or former recipient of a grant under section 1032 of the Anti-Drug Abuse Act of 1988. (f) Authorization of appropriations (1) In general To carry out this section, there are authorized to be appropriated— (A) $10,000,000 for fiscal year 2023; and (B) such sums as may be necessary for each succeeding fiscal year. (2) Allocation Of the amount authorized to be appropriated by paragraph (1) for a fiscal year, not more than $500,000 shall (subject to the availability of appropriations) be used to carry out subsection (d). . | https://www.govinfo.gov/content/pkg/BILLS-117s3940is/xml/BILLS-117s3940is.xml |
117-s-3941 | II 117th CONGRESS 2d Session S. 3941 IN THE SENATE OF THE UNITED STATES March 28, 2022 Mr. Thune (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend subchapter IV of chapter 31 of title 40, United States Code, regarding prevalent wage determinations in order to expand access to affordable housing, and for other purposes.
1. Short title This Act may be cited as the Housing Supply Expansion Act . 2. Updates to wage rate calculations (a) In general Section 3142(b) of title 40, United States Code, is amended by inserting or from geographic groupings other than civil subdivisions of the State (which may include metropolitan statistical areas or other groupings determined appropriate by the Secretary) after in which the work is to be performed . (b) Changes to survey methodology Section 3142 of title 40, United States Code, is amended by adding at the end the following: (f) Survey information collection By not later than 1 year after the date of enactment of the Housing Supply Expansion Act , the Secretary shall— (1) review the Secretary's method of collecting survey information for determining prevailing wages for purposes of subsection (a); and (2) revise how such survey information is collected, following a public notice and opportunity for public comment, by— (A) including surveys that allow for reliable and objective sources of data and a defendable methodology, which may include information collected through Bureau of Labor Statistics surveys; and (B) improving the percentage of businesses choosing to participate in prevailing wage determination surveys and ensuring proportional representation of businesses represented by labor organizations and businesses not represented by labor organizations in the prevailing wage determination surveys that are completed. . 3. Multiple wage rate determinations Section 3142 of title 40, United States Code, as amended by section 2, is further amended by adding at the end the following: (g) Federal Housing Acts A determination of prevailing wages by the Secretary of Labor applicable under section 212(a) of the National Housing Act ( 12 U.S.C. 1715c(a) ), section 104(b)(1) of the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4114(b)(1) ), section 12(a) of the United States Housing Act of 1937 ( 42 U.S.C. 1437j(a) ), or section 811(j)(5) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(j)(5) ) shall be limited to 1 wage rate determination under subsection (b) of this section that corresponds to the overall residential character of the project. . 4. Davis-Bacon Modernization Working Group (a) Definition In this section, the term Davis-Bacon Modernization Working Group means the working group established under subsection (b)(1). (b) Establishment (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Housing and Urban Development, shall establish within the Department of Labor, a Davis-Bacon Modernization Working Group to recommend the update and modernization of certain requirements under subchapter IV of chapter 31 of title 40, United States Code, as described in subsection (c). (2) Date of establishment The Davis-Bacon Modernization Working Group shall be considered established on the date on which a majority of the members of the Davis-Bacon Working Group have been appointed, consistent with subsection (d). (c) Duties The Davis-Bacon Modernization Working Group shall— (1) recommend whether, and if so by how much, the residential classification can be applied to affordable housing units with 5 stories or more for purposes of prevailing wage determinations under subchapter IV of chapter 31 of title 40, United States Code; (2) develop administrative and legislative recommendations of ways, and for what specific circumstances in which, the prevailing wage rate requirements under subchapter IV of chapter 31 of title 40, United States Code, could be waived or streamlined for certain affordable rental Federal Housing Administration new construction projects; and (3) review the potential positive and negative outcomes of directing the Bureau of Labor Statistics to determine prevailing wages (rather that the Secretary of Labor under section 3142(b) of title 40, United States Code), in a way that would not rely on the collection of voluntary surveys from businesses but rather on data that is already collected by the Bureau of Labor Statistics. (d) Members (1) In general The Davis-Bacon Modernization Working Group shall be composed of the following representatives of Federal agencies and relevant non-Federal industry stakeholder organizations: (A) A representative from the Department of Labor, appointed by the Secretary of Labor. (B) A representative from the Department of Housing and Urban Development, appointed by the Secretary of Housing and Urban Development. (C) A representative of a housing construction industry association, appointed by the Secretary of Labor in consultation with the Secretary of Housing and Urban Development. (D) A representative of a financial services industry association, appointed by the Secretary of Labor in consultation with the Secretary of Housing and Urban Development. (E) A representative of an affordable housing industry association, appointed by the Secretary of Labor in consultation with the Secretary of Housing and Urban Development. (F) A representative of a State public housing agency, as defined in section 3 of the United States Housing Act of 1937 ( 42 U.S.C. 1437a ), appointed by the Secretary of Labor in consultation with the Secretary of Housing and Urban Development. (G) A representative of a tribally designated housing entity, as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ), appointed by the Secretary of Labor in consultation with the Secretary of Housing and Urban Development. (H) A representative of a labor organization representing the housing construction workforce, appointed by the Secretary of Labor in consultation with the Secretary of Housing and Urban Development. (2) Chair The representative from the Department of Labor appointed under paragraph (1)(A) shall serve as the chair of the Davis-Bacon Modernization Working Group, and that representative shall be responsible for organizing the business of the Davis-Bacon Modernization Working Group. (e) Other Matters (1) No compensation A member of the Davis-Bacon Modernization Working Group shall serve without compensation. (2) Support The Secretary of Labor may detail an employee of the Department of Labor to assist and support the work of the Davis-Bacon Modernization Working Group, though such a detailee shall not be considered to be a member of the Davis-Bacon Modernization Working Group. (f) Report (1) Reports Not later than 1 year after the date on which the Davis-Bacon Modernization Working Group is established, the Davis-Bacon Modernization Working Group shall submit a report containing its findings and recommendations under subsection (c), including recommendations resulting from the review under subsection (c)(3), to the Secretary of Labor, the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. (2) Majority support Each recommendation made under paragraph (1) shall be agreed to by a majority of the members of the Davis-Bacon Modernization Working Group. (g) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Davis-Bacon Modernization Working Group. (h) Sunset The Davis-Bacon Modernization Working Group shall terminate on the date the report is completed under subsection (f)(1). 5. National Housing Act Section 212(a) of the National Housing Act ( 12 U.S.C. 1715c(a) ) is amended by striking similar character, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5) and inserting residential character, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code, that is applicable at the time the application is filed . 6. Housing Act of 1959 Section 202(j)(5)(A) of the Housing Act of 1959 ( 12 U.S.C. 1701q(j)(5)(A) ) is amended by striking similar character, as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (commonly known as the Davis-Bacon Act) and inserting residential character, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code, that is applicable at the time the application is filed . 7. Native American Housing Assistance and Self-Determination Act of 1996 Section 104(b)(1) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4114(b)(1) ) is amended by striking , as predetermined by the Secretary of Labor pursuant to the Act of March 3, 1931 (commonly known as the Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C. 276a et seq. ), and inserting for corresponding classes of laborers and mechanics employed on construction of a residential character, as predetermined by the Secretary of Labor pursuant to subchapter IV of chapter 31 of title 40, United States Code, that is applicable at the time the application is filed . 8. Cranston-Gonzalez National Affordable Housing Act Section 811(j)(5)(A) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(j)(5)(A) ) is amended by striking similar character, as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (commonly known as the Davis-Bacon Act) and inserting residential character, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code, that is applicable at the time the application is filed . 9. United States Housing Act of 1937 Section 12(a) of the United States Housing Act of 1937 ( 42 U.S.C. 1437j(a) ) is amended by striking , as predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act (49 Stat. 1011) and inserting for corresponding classes of laborers and mechanics employed on construction of a residential character, as predetermined by the Secretary of Labor pursuant to subchapter IV of chapter 31 of title 40, United States Code, that is applicable at the time the application is filed . | https://www.govinfo.gov/content/pkg/BILLS-117s3941is/xml/BILLS-117s3941is.xml |
117-s-3942 | II 117th CONGRESS 2d Session S. 3942 IN THE SENATE OF THE UNITED STATES March 29, 2022 Mr. Markey (for himself, Mr. Brown , Mr. Wyden , Mr. Casey , Ms. Smith , Ms. Klobuchar , Ms. Warren , Mr. Blumenthal , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to prohibit the exclusion of individuals from service on a Federal jury on account of disability.
1. Short title This Act may be cited as the Disabled Jurors Nondiscrimination Act . 2. Exclusion from Federal juries on account of disability (a) Discrimination prohibited Section 1862 of title 28, United States Code, is amended by inserting disability, after origin, . (b) Qualifications for jury service Section 1865 of title 28, United States Code, is amended by adding at the end the following: (c) No person may be disqualified from serving on grand and petit juries in the district court under paragraph (2) or (3) of subsection (b) on account of disability. . | https://www.govinfo.gov/content/pkg/BILLS-117s3942is/xml/BILLS-117s3942is.xml |
117-s-3943 | II 117th CONGRESS 2d Session S. 3943 IN THE SENATE OF THE UNITED STATES March 29, 2022 Mrs. Blackburn (for herself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish due process requirements for the investigation of intercollegiate athletics, and for other purposes.
1. Short title This Act may be cited as the NCAA Accountability Act of 2022 . 2. Due process requirements (a) In general Each covered athletic association shall establish and administer due process requirements for the investigation of any member institution, student athlete enrolled in such member institution, or other individual for any alleged infraction of the covered athletic association’s bylaws or failure to meet the conditions and obligations of membership if the matter cannot be resolved without a formal investigation, consistent with the following: (1) If the covered athletic association initiates an investigation into a member institution, the covered athletic association shall provide written notice to the member institution detailing the nature of the inquiry by not later than 60 days after the covered athletic association receives information indicating that a bylaw violation may have occurred, and that the covered athletic association has determined that an investigation is warranted. The notice shall include, to the extent such information is available, the following: (A) Each program under investigation. (B) All persons under investigation. (C) The specific alleged violations under investigation. (D) Each date or time period an alleged violation may have occurred. (E) The rights and resources available to the accused. (2) The notice under paragraph (1)(C) shall be limited to possible violations occurring not earlier than 2 years before the date the notice is provided to the member institution. The covered athletic association shall thereafter promptly notify the member institution of any other relevant information discovered in the course of the investigation. (3) Prior to commencing any enforcement proceeding, the covered athletic association shall provide the member institution with a notice of allegations not later than 8 months after the notice of inquiry is received under paragraph (1), which shall include the following: (A) Details about each allegation. (B) The potential penalties for each allegation. (C) The information and factors the covered athletic association considered in its determination to file charges. (D) The rights and resources available to the member institution and involved individuals. (4) Not earlier than 60 days after the notice of allegations is received, there shall be a hearing before the covered athletic association’s infractions committee or body with authorization to hear cases and prescribe punishments to member institutions which shall conform to the following requirements: (A) The hearing shall commence not later than 1 year after the notice is provided under paragraph (1). (B) No information from confidential sources may be offered into evidence or form the basis for any decision. (5) In the event that there is any dispute regarding the covered athletic association’s punishment of a member institution, the member institution may compel entry into arbitration conducted in accordance with the standard commercial arbitration rules of an established major national provider of arbitration and mediation services based in the United States, which will provide an independent review and binding decision. The arbitration shall be conducted by a three-person panel. The covered athletic association and member institution shall each appoint one arbitrator of their respective choosing. The third arbitrator shall be appointed in agreement by the two arbitrators appointed by each party. (6) The covered athletic association shall conduct its enforcement proceedings and investigations in a fair and consistent manner, and the penalties issued against member institutions for bylaw infractions shall be equitable with respect to severity of the infraction and the member institution’s history of infractions. (7) The covered athletic association shall not disclose information relating to an ongoing investigation into a member institution until formal charges are filed in the notice of allegations submitted under paragraph (3). The member institution shall have discretionary authority to disclose any information relating to an ongoing investigation, and no information relating to an ongoing investigation shall be subject to any disclosure requirement under State law. (b) Report A covered athletic association shall submit an annual report to the Attorney General summarizing its enforcement proceedings, investigations, and issuance of punishments to member organizations under this Act over the preceding year. A covered athletic association shall submit an annual report to each State Attorney General (and the Attorney General for the District of Columbia) summarizing its enforcement proceedings, investigations, and issuance of punishments to member institutions headquartered in the State. 3. Limitation The privileges of membership of any member institution in the covered athletic association may not be impaired as a consequence of any rights granted under this Act. 4. Enforcement (a) Procedures The Attorney General shall establish procedures— (1) for individuals and entities to file written, signed complaints respecting potential violations of this Act by a covered athletic association or any person acting as an agent thereof; (2) for the investigation of those complaints which have a substantial probability of validity; (3) for the investigation of such other violations of this Act as the Attorney General determines to be appropriate; and (4) for the evaluation of a covered athletic association’s annual report to determine compliance with this Act. (b) Investigations and hearings In conducting investigations and hearings pursuant to this section, the following shall apply: (1) Any hearing so requested shall be conducted before an administrative law judge of the Department of Justice determined by the Attorney General. The hearing shall be conducted in accordance with the requirements of section 554 of title 5, United States Code. The hearing shall be held at the nearest practicable place to the place where the person or covered athletic association resides or of the place where the alleged violation occurred. If no hearing is so requested, the Attorney General's imposition of the order shall constitute a final and unappealable order. (2) Officers and employees of the Department of Justice (including the administrative law judges referred to in paragraph (1)) shall have reasonable access to examine evidence of any person or covered athletic association being investigated. (3) If the administrative law judge determines, upon the preponderance of the evidence received, that a person or covered athletic association named in the complaint has violated the statute, the administrative law judge shall state his findings of fact and issue and cause to be served on such person or covered athletic association an order as follows: (A) The administrative law judge shall order the person or covered athletic association to cease and desist from such violations and to pay a civil penalty in an amount of not less than $10,000 and not more than $15,000,000. (B) In determining the amount of the penalty, due consideration shall be given to the good faith of the covered athletic association or person, the seriousness of the violation, and the history of previous violations. (C) The administrative law judge may order the permanent removal of any member of the covered athletic association’s governing body in the case of a violation. (4) The Attorney General may, not earlier than 30 days after providing notice thereof to the person or covered athletic association, commence a hearing before an administrative law judge of the Department of Justice for any alleged violation of this Act by that person or covered athletic association. The administrative law judge may impose a civil penalty for any violation determined to have occurred. (5) Administrative law judges may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof. (6) The decision and order of an administrative law judge shall become the final agency decision and order of the Attorney General unless, within 30 days after the administrative law judge issues such order, the Attorney General modifies or vacates the decision and order, in which case the decision and order of the Attorney General shall become a final order under this subsection. (7) A person or covered athletic association adversely affected by a final order (including an order for assessment of a civil penalty) under this section may, within 45 days after the date the final order is issued, file a petition in the Court of Appeals for the appropriate circuit for review of the order. 5. Definitions In this Act: (1) Covered athletic association The term covered athletic association means an interstate athletic association, conference, or other organization with authority over intercollegiate athletics or that administers intercollegiate athletics, with at least 900 member institutions. (2) Member institution The term member institution means an institution of higher education that maintains at least one intercollegiate athletic program that is a member of a covered athletic association. (3) Institution of higher education The term institution of higher education has the meaning given the term college or university in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 ). 6. Effective date A covered athletic association shall carry out the requirements of this Act by not later than 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3943is/xml/BILLS-117s3943is.xml |
117-s-3944 | II 117th CONGRESS 2d Session S. 3944 IN THE SENATE OF THE UNITED STATES March 29, 2022 Mr. Blumenthal (for himself, Mr. Markey , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To improve the safety of the air supply on aircraft, and for other purposes.
1. Short title This Act may be cited as the Cabin Air Safety Act of 2022 . 2. Improvements to the safety of the air supply on aircraft (a) In general Subpart III of part A of subtitle VII of title 49, United States Code, is amended by adding at the end the following new chapter: 454 Cabin air quality and safety 45401. Definition of Administrator In this chapter the term Administrator means the Administrator of the Federal Aviation Administration. 45402. Training to respond to smoke or fume incidents on aircraft (a) In general Not later than 180 days after the date of the enactment of this section, the Administrator shall promulgate regulations requiring flight attendants, pilots, aircraft maintenance technicians, and airport first responders and emergency response teams to receive training, not less frequently than annually, on how to respond to incidents on board aircraft involving smoke or fumes. (b) Requirements The training required by subsection (a) shall include the dissemination of educational materials with respect to the following: (1) Sources and types of smoke and fumes on board aircraft. (2) Odor and visual descriptors to allow an individual to recognize the presence of engine oil and hydraulic fluid fumes and other potentially hazardous fumes, such as fumes relating to engine exhaust, ground service vehicle exhaust, fuel, de-icing fluid, electrical failures, and ozone. (3) The potential for acute or chronic impairment to an individual relating to such fumes. (4) Procedures for recognizing and responding to smoke and fumes on board aircraft. (5) An overview of the system for reporting incidents of smoke or fumes on board aircraft established under section 45403(a)(2). (6) Requirements relating to reporting incidents of smoke and fumes on board aircraft to the Administrator under sections 45403 and 45405(b). 45403. Reporting of incidents of smoke or fumes on board aircraft (a) In general Not later than 180 days after the date of the enactment of this section, the Administrator shall— (1) develop a standardized form for flight attendants, pilots, and aircraft maintenance technicians to report incidents of smoke or fumes on board an aircraft operated by an air carrier; and (2) establish a system for reporting incidents of smoke or fumes on board aircraft that allows— (A) pilots, flight attendants, and aircraft maintenance technicians to— (i) submit the form developed under paragraph (1) to the Administrator and the relevant air carrier; and (ii) receive a copy of such submission for their records; and (B) pilots, flight attendants, aircraft maintenance technicians, the collective bargaining representative of employees of the air carrier, and air carriers to search the reported incidents database compiled by the Administrator for the purposes of reviewing and monitoring incidents contained in the database and assisting with investigations conducted under section 45404. (b) Content of forms The form developed under subsection (a)(1) for reporting an incident of smoke or fumes on board an aircraft shall include sections for the following information, if available at the time of the report: (1) Identification of the flight number, the city pair, the type of aircraft, the registration number of the aircraft, and the individual reporting the incident. (2) Information about the presence of smoke, including a description of the nature, intensity, and visual consistency (if any). (3) Information about the presence of fumes, including a description of the nature and intensity of the odor. (4) Information about the location of the smoke or fumes in the aircraft. (5) Information about the source of the smoke or fumes, including in relation to the air supply vents and electrical system. (6) Information about the type of smoke or fumes. (7) Information about the engine manufacturer, engine type, the engine serial number, and the age of the engine. (8) Information about— (A) the phase of flight during which smoke or fumes were present; (B) the estimated duration of the smoke or fumes; and (C) if the incident happened while the aircraft was on the ground, information about the air supply source at the time of the incident. (9) Other observations about the smoke or fumes. (10) A description of symptoms reported by crew members and passengers and any required onboard medical attention. (11) Information with respect to whether crew members or passengers used, needed, or were administered supplemental or emergency oxygen. (12) Information regarding any disruption to the operation of the flight or subsequent flights. (13) Information about relevant maintenance work conducted on the aircraft prior to and following the incident. (14) Relevant air monitoring data collected during the flight. (c) Public availability of smoke and fume event information (1) In general Not less frequently than quarterly and subject to paragraph (2), the Administrator shall compile, and make available to the public, statistics regarding the information obtained from the forms developed under subsection (a)(1) and submitted to the Administrator. (2) Website The Administrator shall develop a publicly available internet website that includes the aggregate data required under paragraph (1) and a searchable database for the events reported to the Administrator under subsection (a)(2) that includes the following variables for each event: (A) Date. (B) Tail number. (C) Aircraft type. (D) Air carrier. (E) Phase of flight. (F) Location of smoke or fumes in the aircraft. (G) Description of smoke or fumes, including relation to air supply vents and the nature and intensity of the odor. (H) Engine or auxiliary power unit type. (I) Engine oil or hydraulic fluid type, including product name. (J) Deidentified narrative. (K) Relevant maintenance information. (L) Such other criteria as the Administrator considers appropriate. (3) Redaction Before making either individual event information or aggregate data available to the public under paragraph (1) or (2), the Administrator shall redact any personally identifiable information. 45404. Investigations (a) In general Not later than 180 days after the date of the enactment of this section, the Administrator shall promulgate regulations— (1) authorizing the Federal Aviation Administration to, at their discretion, conduct an investigation described in subsection (b) not less than 7 days after a report is submitted to the Administrator through the system for reporting incidents of smoke or fumes on board aircraft established under section 45403(a)(2); and (2) requiring the Federal Aviation Administration to conduct an investigation described in subsection (b) when the report indicates that 1 or more crew members or passengers had symptoms that required medical attention. (b) Requirements for investigations An investigation described in this subsection shall include the following: (1) Gathering factual and standardized information from all flight attendants, pilots, aircraft maintenance technicians, airport first responders, emergency response teams, and medical doctors involved in the incident. (2) Gathering any reports submitted under section 45403 with respect to the incident. (3) Gathering technical findings on any replaced, worn, missing, failed, or improperly serviced components that may have resulted in the incident. (4) Identifying the cause of the incident, if possible. (c) Participation of air carriers and collective bargaining representatives In conducting an investigation under this section, the Federal Aviation Administration shall— (1) consult with the air carrier involved; (2) work in conjunction with the technical representatives of the air carrier; and (3) invite the participation of the collective bargaining representative of employees of the air carrier. 45405. Air quality monitoring equipment (a) Requirement To include on aircraft Not later than 180 days after the date of the enactment of this section, the Administrator shall promulgate regulations requiring an air carrier, after 90 days for public comment and not later than 1 year after the regulations are finalized in the Federal Register— (1) to install and operate onboard detectors and other air quality monitoring equipment that— (A) are situated in the air supply system to enable pilots and maintenance technicians to identify the location of the source or sources of air supply contamination in real time, including any concentration of carbon monoxide that is dangerous to human health; (B) continuously monitor any relevant marker compound consistent with engine oil and hydraulic fluid fume concentration in the aircraft cabin and air supply system; and (C) alert the pilot and flight attendants to poor air quality that is dangerous to human health; and (2) to have in place procedures to train the pilots to initiate standardized communication and source isolation protocols, as soon as appropriate, with the flight attendants and air traffic controllers (as needed), and to apply their professional judgement based on onboard conditions, all in response to poor air quality that is dangerous to human health. (b) Authority of the Administrator The Administrator may establish standards for aircraft cabin air quality, as the Administrator determines is necessary to protect the health and safety of air carrier crew members and passengers, in consultation with— (1) the Director of the National Institute for Occupational Safety and Health of the Centers for Disease Control and Prevention; (2) the Assistant Secretary of Labor for Occupational Safety and Health; and (3) the Administrator of the Environmental Protection Agency. (c) Inclusion of information relating to air quality monitoring equipment in aircraft manuals Not later than 1 year after the date of the enactment of this section, the Administrator shall promulgate regulations requiring an aircraft manufacturer that manufactures aircraft for air carriers to include procedures for responding to alarms from air quality monitoring equipment required under subsection (a) during normal and nonstandard operations in the flight operator’s manual for each such aircraft produced by the manufacturer. (d) Continuing research To develop sensors and techniques To monitor cabin air quality The Administrator shall continue to research, study, and identify emerging technologies suitable to provide reliable warning of cabin air contamination from an aircraft bleed air system, including through investigation and research into specific sensors, methods, and operational techniques to prevent poor air quality that is dangerous to human health. (e) Rule of construction Nothing in this section may be construed to imply that an investigation under section 45404 is not necessary or that crew members and passengers have not been exposed to smoke or fumes if the alarm from any air quality monitoring equipment installed on an aircraft is not activated. 45406. Minimum equipment list for bleed air system Not later than 180 days after the date of the enactment of this section, the Administrator shall promulgate regulations requiring any manufacturer of aircraft that transports passengers or cargo to include the air quality monitoring equipment required under section 45405 in the master minimum equipment list for aircraft with a bleed air system certified under section 44704 or for which certification was delegated under section 44702(d). 45407. Authorization of appropriations There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this chapter. 45408. Exclusion of helicopters The provisions of this chapter do not apply to helicopters. . (b) Conforming amendments (1) Table of contents The table of contents of subpart III of part A of subtitle VII of title 49, United States Code, is amended by inserting after the item relating to chapter 453 the following: Chapter 454—Cabin air quality and safety 45401. Definition of Administrator. 45402. Training to respond to smoke or fume incidents on aircraft. 45403. Reporting of incidents of smoke or fumes on board aircraft. 45404. Investigations. 45405. Air quality monitoring equipment. 45406. Minimum equipment list for bleed air system. 45407. Authorization of appropriations. 45408. Exclusion of helicopters. . (2) Conforming repeal Section 326 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) and the item relating to that section in the table of contents under section 1(b) of that Act are repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s3944is/xml/BILLS-117s3944is.xml |
117-s-3945 | II 117th CONGRESS 2d Session S. 3945 IN THE SENATE OF THE UNITED STATES March 29, 2022 Mr. Hagerty (for himself, Mr. Daines , Mr. Tillis , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to address the solicitation of proxy with respect to securities, and for other purposes.
1. Short title This Act may be cited as the Restoring Shareholder Transparency Act of 2022 . 2. Proxies Section 14(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n(a) ) is amended by adding at the end the following: (3) For the purposes of this subsection, soliciting any proxy or consent or authorization in respect of a security— (A) includes the furnishing of a form of proxy or other communication to a holder of the security under circumstances reasonably calculated to result in the procurement, withholding, or revocation of a proxy, including any proxy voting advice that— (i) makes a recommendation to the security holder as to the vote, consent, or authorization of the security holder on a specific matter for which the approval of the security holder is solicited; and (ii) is furnished by a person that— (I) markets the expertise of the person as a provider of such proxy voting advice, separately from other forms of investment advice; and (II) sells such proxy voting advice for a fee; and (B) does not include the furnishing of any proxy voting advice by a person that furnishes such advice only in response to an unprompted request. . 3. Shareholder proposals (a) In general The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended— (1) in section 6(b) ( 15 U.S.C. 78f(b) ), by adding at the end the following: (11) The rules of the exchange do not require an issuer to be in compliance with section 240.14a–8 of title 17, Code of Federal Regulations, or any successor regulation, as a condition of having a security of the issuer listed on the exchange. ; and (2) in section 14 ( 15 U.S.C. 78n ), by adding at the end the following: (k) Shareholder proposals Notwithstanding any other provision of law or regulation, beginning on the date of enactment of this subsection, no issuer shall be subject to the requirements of section 240.14a–8 of title 17, Code of Federal Regulations, or any successor regulation, unless the issuer agrees to be subject to those requirements. . (b) Bases for exclusion Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall amend section 240.14a–8(i) of title 17, Code of Federal Regulations, or any successor regulation, to provide that all of the bases for exclusion of a proposal under that provision shall apply without regard to whether the proposal relates to a significant social policy issue. (c) Market value Not later than 30 days after the date of enactment of this Act, the Securities and Exchange Commission shall amend section 240.14a–8(b)(1) of title 17, Code of Federal Regulations, or any successor regulation— (1) by amending clause (i) to read as follows: (i) You must hold at least 1 percent of the market value of the company’s securities. ; and (2) by striking clause (vi). | https://www.govinfo.gov/content/pkg/BILLS-117s3945is/xml/BILLS-117s3945is.xml |
117-s-3946 | II 117th CONGRESS 2d Session S. 3946 IN THE SENATE OF THE UNITED STATES March 29, 2022 Mr. Cornyn (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reauthorize the Trafficking Victims Protection Act of 2017, and for other purposes.
1. Short title This Act may be cited as the Abolish Human Trafficking Reauthorization Act of 2022 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—Grants relating to human trafficking prevention and assistance for victims of human trafficking Sec. 101. Human trafficking prevention education grants. Sec. 102. Protecting children abroad. Sec. 103. Ensuring protection and confidentiality for human trafficking survivors. Sec. 104. Temporary waivers. Sec. 105. Grants for State improvements. Sec. 106. Additional reauthorization. TITLE II—Compensation of victims of human trafficking Sec. 201. Bankruptcy. TITLE III—Cyber harassment prevention Subtitle A—Cybercrime statistics Sec. 311. National strategy, classification, and reporting on cybercrime. Subtitle B—Prioritizing online threat enforcement Sec. 321. Improved investigative and forensic resources for enforcement of laws related to cybercrimes against individuals. Sec. 322. Report. Sec. 323. Training and technical assistance for States. TITLE IV—Other Federal improvements relating to human trafficking Sec. 401. Youthful offenders. Sec. 402. Prevention research. Sec. 403. Reduction of barriers to obtain identity documents for trafficking survivors. Sec. 404. Cybercrime. Sec. 405. Office of Counter-Trafficking. Sec. 406. Tip organizations. Sec. 407. Data collection. Sec. 408. Cumulative biennial report on data collection and statistics. Sec. 409. Forced labor requirements. Sec. 410. Homeland Security VAP. Sec. 411. Multidisciplinary teams. 3. Definitions In this Act: (1) Computer The term computer includes a computer network and any interactive electronic device. (2) Cybercrime against individuals The term cybercrime against individuals means a Federal, State, or local criminal offense that involves the use of a computer to cause personal harm to an individual, such as the use of a computer to harass, threaten, stalk, extort, coerce, cause fear, intimidate, without consent distribute intimate images of, or violate the privacy of, an individual, except that— (A) use of a computer need not be an element of the offense; and (B) the term does not include the use of a computer to cause harm to a commercial entity, government agency, or non-natural person. (3) Homeless youth The term homeless youth has the meaning given the term homeless children and youths in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). (4) Labor trafficking The term labor trafficking has the meaning given that term in section 106(b)(2)(A) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7104(b)(2)(A) ). (5) Sex trafficking The term sex trafficking has the meaning given that term in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (6) Survivor of human trafficking The term survivor of human trafficking means a survivor of human trafficking as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). I Grants relating to human trafficking prevention and assistance for victims of human trafficking 101. Human trafficking prevention education grants (a) In general Section 106(b)(2) of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7104(b)(2) ) is amended— (1) by amending the paragraph heading to read as follows: Frederick Douglass human trafficking prevention education grants ; (2) in subparagraph (A)— (A) in clause (iii), by striking 103(9)(B) and inserting 103(11)(B) ; and (B) in clause (v), by striking 103(9)(A) and inserting 103(12) ; (3) in subparagraph (B)— (A) in the matter preceding clause (i), by inserting , under a program to be known as Frederick Douglass Human Trafficking Prevention Education Grants , after may award grants ; and (B) in clause (ii), by inserting , linguistically accessible, and culturally responsive after age-appropriate ; (4) in subparagraph (C), by amending the subparagraph heading to read as follows: Program requirements for frederick douglass human trafficking prevention education grants ; and (5) by striking subparagraph (D) and inserting the following: (D) Priority In awarding Frederick Douglass Human Trafficking Prevention Education Grants under this paragraph, the Secretary of Health and Human Services shall give priority to local educational agencies that— (i) serve a high-intensity child sex or labor trafficking area; (ii) partner with nonprofit organizations specializing in human trafficking prevention education, law enforcement, and technology or social media companies to assist in training efforts to protect children from sexual exploitation and abuse, including grooming, child sex or labor trafficking, child sexual abuse materials, and human trafficking transmitted through technology; (iii) consult with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Health and Human Services, and the Attorney General, as appropriate, to identify the geographic areas in the United States with the highest prevalence of populations that are at high risk for being trafficked, including children who are members of a racial or ethnic minority, homeless youth, foster youth, youth involved in the child welfare system, and children and youth who have run away from home or are in an out-of-home placement; or (iv) consult with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Health and Human Services, and the Attorney General, as appropriate, to identify the geographic areas in the United States with the highest levels of child sex trafficking and child labor trafficking. (E) Criteria for selection Grantees under this paragraph should be selected based on their demonstrated ability— (i) to engage stakeholders, including survivors of human trafficking, and Federal, State, Tribal, and local partners, to develop programs described in subparagraph (B); (ii) to train the trainers, parents or guardians, elementary and secondary school students, teachers, and other school personnel, particularly specialized instructional support personnel, such as a scientifically validated brief screening tool to quickly detect and serve trafficking survivors in a linguistically accessible, culturally responsive, age-appropriate and trauma-informed fashion; and (iii) to create a scalable, repeatable program that uses proven and tested best practices by researchers and employs appropriate technological tools and methodologies, including linguistically accessible, culturally responsive, age appropriate and trauma-informed approach and measurement and training curricula adapted for trainers, guardians, educators, and elementary and secondary school students, to prevent child sexual exploitation and abuse, including grooming, child labor trafficking, the creation or distribution of child sexual abuse materials, and trafficking transmitted through technology. (F) Data collection The Secretary of Health and Human Services and the Secretary of Labor shall consult with the Secretary of Education to determine the appropriate demographics of the recipients or of students at risk of being trafficked or exploited, to be collected and reported with respect to grants awarded under this paragraph. (G) Report Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate , the Committee on the Judiciary of the Senate , the Committee on Education and Labor of the House of Representatives , the Committee on Energy and Commerce of the House of Representatives , and the Committee on the Judiciary of the House of Representatives that identifies— (i) the total number of entities that received a Frederick Douglass Human Trafficking Prevention Education Grant during the preceding year; (ii) the total number of partnerships or consultants that included survivors, nonprofit organizations specialized in human trafficking prevention education, law enforcement, or technology or social media companies; (iii) the total number of elementary and secondary schools that established and implemented proper protocols and procedures through programs developed using grants received under this paragraph; (iv) the total number and geographic distribution of trainers, guardians, students, teachers, and other school personnel trained assisted through grants received under this paragraph; (v) the results of pre-training and post-training surveys to gauge trainees’ increased understanding of— (I) the scope and signs of child trafficking and child sexual exploitation and abuse; (II) how to interact with potential victims and survivors of child trafficking and child sexual exploitation and abuse using age-appropriate, culturally and linguistically responsive, and trauma-informed approaches; and (III) the manner in which to respond to potential child trafficking and child sexual exploitation and abuse; (vi) the number of potential victims and survivors of child trafficking and child sexual exploitation and abuse identified and served by grantees under this paragraph, excluding any individually identifiable information about such children, in full compliance with all applicable privacy laws and regulations; (vii) the number of students in elementary or secondary school identified by grantees under this paragraph as being at risk of being trafficked or sexually exploited and abused, excluding any individually identifiable information about such students; (viii) the demographic characteristics of child trafficking survivors and victims, sexually exploited and abused children, and students at risk of being trafficked or sexually exploited and abused described in clauses (vi) and (vii), excluding any individually identifiable information about such children, in full compliance with the standards established by the Department of Education National Center for Education Statistics with respect to at-risk students; and (ix) any service gaps and best practices identified by grantees under this paragraph. . (b) Conforming amendment Section 107(c)(4)(A) of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7105(c)(4)(A) ) is amended by inserting in order to fulfill the purposes described in section 111 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 34 U.S.C. 20708 ) before the period at the end. 102. Protecting children abroad Section 240(c)(1) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 22 U.S.C. 212b(c)(1) ) is amended to read as follows: (1) the term covered sex offender means an individual who— (A) is required to register, based on an offense against a minor, under section 113 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20913 ); or (B) resides outside the United States, or applies for or seeks to renew a passport outside the United States, and would be required to register, based on an offense against a minor, under section 113 of the Sex Offender Registration and Notification Act, if the individual returned to the United States. . 103. Ensuring protection and confidentiality for human trafficking survivors (a) In general In order to ensure the safety of human trafficking survivors and their families— (1) a grantee or subgrantee receiving Federal funds under a grant shall protect the confidentiality and privacy of survivors of human trafficking receiving services from the grantee or subgrantee; and (2) each entity applying to receive Federal funds in the form of a grant shall submit, in conjunction with the application for the grant, a privacy policy for human trafficking survivors and their families that is in accordance with the requirements under this section. (b) Nondisclosure Subject to subsections (c), (d), and (e), a grantee or subgrantee shall agree, as a condition of receiving Federal funds, to not— (1) disclose, reveal, or release any personally identifying information or individual information collected in connection with services requested, used, or denied through a program of the grantee or subgrantee, regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected; or (2) disclose, reveal, or release individual client information regarding an individual who requested, used, or was denied services through a program of the grantee or subgrantee without the informed, written, and reasonably time-limited consent of the individual about whom information is sought, whether in connection with the program for which the Federal funds were received or another Federal, State, Tribal, or territorial grant program. (c) Exceptions relating to minors (1) In general For purposes of subsection (b)(2)— (A) the informed, written, and reasonably time-limited consent described in such subsection— (i) in the case of an unemancipated minor shall be obtained from both the minor and a parent or guardian; and (ii) in the case of person with a legal incapacity, shall be obtained from both the person and a court-appointed guardian; and (B) such consent may not be given by the alleged or convicted trafficker of the minor or person with a legal incapacity, or the alleged or convicted trafficker of a parent or legal guardian of the minor or person with a legal incapacity. (2) Waiver of parental consent Notwithstanding the prohibition under subsection (b)(2), if a minor or a person with a legally incapacity is permitted by law to receive services without the consent of a parent or guardian, the minor or person may consent to the disclosure, revealing, or release of information without obtaining additional consent in accordance with paragraph (1) of this subsection. (d) Compelled release If a grantee or subgrantee is compelled by a statutory or court mandate to disclose, reveal, or release information described in subsection (b), the grantee or subgrantee shall— (1) make reasonable attempts to provide notice to survivors affected by the disclosure, revealing, or release of the information; and (2) take steps necessary to protect the privacy and safety of the persons affected by the disclosure, revealing, or release of the information. (e) Information sharing (1) In general A grantee or subgrantee may share— (A) nonpersonally identifying data in the aggregate regarding services to clients of the grantee or subgrantee and nonpersonally identifying demographic information, in order to identify underserved populations and comply with Federal, State, Tribal, or territorial reporting, evaluation, or data collection requirements; (B) court-generated information and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes; (C) law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes; and (D) information necessary for the functioning of a multidisciplinary team. (2) Prohibition Under no circumstances may a grantee or subgrantee— (A) require a human trafficking survivor to provide consent to disclose, reveal, or release his or her personally identifying information as a condition of eligibility for the services provided by the grantee or subgrantee; or (B) share any personally identifying information of a human trafficking survivor in order to comply with Federal, State, Tribal, or territorial reporting, evaluation, or data collection requirements, whether in connection with the program for which the Federal funds were received or another Federal, State, Tribal, or territorial grant program. (f) Statutorily mandated reports of human trafficking, exploitation, abuse or neglect Nothing in this section shall be construed to prohibit a grantee or subgrantee from reporting suspected human trafficking, exploitation, abuse or neglect, as those terms are defined under, and as such reporting is specifically mandated by, Federal, State, local, or Tribal laws. 104. Temporary waivers (a) Waiver of match requirements The non-Federal match requirements set forth in subsection (g) of section 202 of the Trafficking Victims Protection Reauthorization Act of 2005 ( 34 U.S.C. 20702 ) shall not apply to grants under such section during fiscal year 2023. (b) Waiver of Federal share limitations The Federal share limitations set forth in subsections (b)(2)(C) and (f)(3)(B) of section 107 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105 ) shall not apply to grants under subsections (b)(2) and (f)(3) of such section during fiscal year 2023. 105. Grants for State improvements (a) In general Title II of the Trafficking Victims Protection Reauthorization Act of 2005 ( 34 U.S.C. 20701 et seq. ) is amended by inserting after section 204 the following: 204A. Enhancing the ability of State, local, and tribal child welfare agencies to identify and respond to children who are, or are at risk of being, victims of trafficking (a) Grants To enhance child welfare services The Secretary of Health and Human Services may make grants to eligible States to develop, improve, or expand programs that assist State, local, or Tribal child welfare agencies with identifying and responding to— (1) children considered victims of child abuse and neglect and of sexual abuse under the application of section 111(b)(1) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g(b)(1) ) because of being identified as being a victim or at risk of being a victim of sex trafficking; and (2) children over whom such agencies have responsibility for placement, care, or supervision and for whom there is reasonable cause to believe are, or are at risk of being a victim of 1 or more severe forms of trafficking in persons. (b) Definitions In this section: (1) Child The term child means an individual who has not attained 18 years of age or such older age as the State has elected under section 475(8) of the Social Security Act ( 42 U.S.C. 675(8) ). At the option of an eligible State, such term may include an individual who has not attained 26 years of age. (2) Eligible State The term eligible State means a State that meets 1 or more of the following criteria: (A) Elimination of third party control requirement The State has eliminated any requirement relating to identification of a controlling third party who causes a child to engage in a commercial sex act in order for the child to be considered a victim of 1 or more severe forms of trafficking in persons, or a victim of trafficking, for purposes of accessing child welfare services and care. (B) Application of standard for human trafficking The State considers a child to be a victim of trafficking if the individual is a victim of a severe form of trafficking in persons as described in subparagraph (A) of section 103(11) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(11) ). (C) Development and implementation of State child welfare plan protocols The State agency responsible for administering the State plan for foster care and adoption assistance under part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq. ) has developed and is implementing protocols that meet the following reporting requirements: (i) The requirement to report immediately, and in no case later than 24 hours after receiving, information on children or youth who have been identified as being a victim of sex trafficking to law enforcement authorities under paragraph (34)(A) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ). (ii) The requirement to report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children or youth to law enforcement authorities, including children or youth classified as runaways , for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, and to the National Center for Missing and Exploited Children, under paragraph (35)(B) of such section. (iii) The requirement to report to the Secretary of Health and Human Services the total number of children and youth who are victims of sex trafficking under paragraph (34)(B) of such section. (D) Trafficking-specific protocol The State has developed and implemented a specialized protocol for responding when victims of trafficking are exploited by a third party trafficker to ensure the response focuses on the child’s specific safety needs as a victim of trafficking, and that includes the development and use of an alternative mechanism for investigating and responding to cases of child sex trafficking in which the alleged offender is not the child’s parent or caregiver without utilizing existing processes for investigating and responding to other forms of child abuse or neglect or requiring the filing of an abuse or neglect petition. (3) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Such term includes an Indian tribe, tribal organization, or tribal consortium with a plan approved under section 479B of the Social Security Act ( 42 U.S.C. 679c ), or which is receiving funding to provide foster care under part E of title IV of such Act pursuant to a cooperative agreement or contract with a State. (4) Other terms The terms commercial sex act , severe forms of trafficking in persons , sex trafficking , victim of a severe form of trafficking , and victim of trafficking have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). . (b) Funding Section 113(b) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7110(b) ) is amended by adding at the end the following: (3) Grants for State improvements To carry out the purposes of section 204A of the Trafficking Victims Protection Reauthorization Act of 2005, there are authorized to be appropriated $8,000,000 to the Secretary of Health and Human Services for each of fiscal years 2022 through 2027. . (c) Sense of congress regarding health care professionals and social service providers It is the sense of Congress that State and local licensing boards throughout the United States should facilitate access for health care and behavioral health care practitioners and social service providers, as a condition of receiving new or renewal licensure, to training guided by the Department of Health and Human Service’s Core Competencies for Human Trafficking Response in Health Care and Behavioral Health Systems on— (1) the scope and signs of human trafficking and child sexual exploitation and abuse that present in the applicable health care, behavioral health, or social services settings; (2) how to interact with potential victims of trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) and with trafficking survivors, using an age-appropriate, gender-responsive, culturally and linguistically appropriate, and trauma-informed approach; and (3) the manner in which to respond to potential victims and to survivors of human trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) or child sexual exploitation and abuse. 106. Additional reauthorization (a) Airport personnel training To identify and report human trafficking victims Section 303 of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018 ( Public Law 115–425 ; 132 Stat. 5488) is amended by striking 2018 through 2021 and inserting 2021 through 2027 . (b) HERO corps hiring Section 890A(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 473(g)(2) ) is amended by striking 2019 through 2022 and inserting 2022 through 2027 . (c) Reauthorizing the special assessment and ensuring full funding for the domestic trafficking victims’ fund Section 3014 of title 18, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking and ending on September 11, 2022 ; and (2) in subsection (e)(1)— (A) in the matter preceding subparagraph (A), by striking 2023 and inserting 2027 ; (B) in subparagraph (A), by striking ( 42 U.S.C. 14044c ) and inserting ( 34 U.S.C. 20705 ) ; (C) in subparagraph (C), by striking ( 42 U.S.C. 13002(b) ) and inserting ( 34 U.S.C. 20304 ) ; and (D) in subparagraph (D), by striking ( 42 U.S.C. 17616 ) and inserting ( 34 U.S.C. 21116 ) . (d) Extension of anti-Trafficking grant programs The Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7101 et seq. ) is amended— (1) in section 112A(b)(4) ( 22 U.S.C. 7109a(b)(4) ), by striking 2018 through 2021 and inserting 2022 through 2027 ; (2) in section 112B(d) ( 22 U.S.C. 7109b(d) ) is amended by striking 2008 through 2011 and inserting 2022 through 2027 ; and (3) in section 113 ( 22 U.S.C. 7110 )— (A) in subsection (d)— (i) in paragraph (1), by striking 2018 through 2021 and inserting 2022 through 2027 ; and (ii) in paragraph (3), by striking 2018 through 2021 and inserting 2022 through 2027 ; (B) in subsection (e)(3), by striking 2008 through 2011 and inserting 2022 through 2027 ; and (C) in subsection (f), by striking 2018 through 2021.. and inserting 2022 through 2027. . II Compensation of victims of human trafficking 201. Bankruptcy Section 523(a) of title 11, United States Code, is amended— (1) in paragraph (18), by striking or at the end; (2) in paragraph (19), by striking the period at the end and inserting ; or ; and (3) by inserting after paragraph (19) the following: (20) for injury to an individual by the debtor relating to a violation of chapter 77 of title 18, including injury caused by an instance in which the debtor knowingly benefitted financially, or by receiving anything of value, from participation in a venture that the debtor knew or should have known engaged in an act in violation of chapter 77 of title 18. . III Cyber harassment prevention A Cybercrime statistics 311. National strategy, classification, and reporting on cybercrime (a) National strategy The Attorney General, in consultation with the Secretary of Homeland Security, shall develop a national strategy to— (1) reduce the incidence of cybercrimes against individuals; (2) coordinate investigations of cybercrimes against individuals by Federal law enforcement agencies; and (3) increase the number of Federal prosecutions of cybercrimes against individuals. (b) Classification of cybercrimes against individuals for purposes of crime reports In accordance with the authority of the Attorney General under section 534 of title 28, United States Code, the Director of the Federal Bureau of Investigation shall— (1) design and create within the Uniform Crime Reports a category for offenses that constitute cybercrimes against individuals; (2) to the extent feasible, within the category established under paragraph (1), establish subcategories for each type of cybercrime against individuals that is an offense under Federal or State law; (3) classify the category established under paragraph (1) as a Part I crime in the Uniform Crime Reports; and (4) classify each type of cybercrime against individuals that is an offense under Federal or State law as a Group A offense for the purpose of the National Incident-Based Reporting System. (c) Annual summary The Attorney General shall publish an annual summary of the information reported in the Uniform Crime Reports and the National Incident-Based Reporting System relating to cybercrimes against individuals. B Prioritizing online threat enforcement 321. Improved investigative and forensic resources for enforcement of laws related to cybercrimes against individuals Subject to the availability of appropriations to carry out this section, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, including the Executive Associate Director of Homeland Security Investigations, shall, with respect to cybercrimes against individuals— (1) ensure that there are not less than 10 additional operational agents of the Federal Bureau of Investigation designated to support the Criminal Division of the Department of Justice in the investigation and coordination of cybercrimes against individuals; (2) ensure that each office of a United States Attorney designates at least 1 Assistant United States Attorney as responsible for investigating and prosecuting cybercrimes against individuals; and (3) ensure the implementation of a regular and comprehensive training program— (A) the purpose of which is to train agents of the Federal Bureau of Investigation in the investigation and prosecution of such crimes and the enforcement of laws related to cybercrimes against individuals; and (B) that includes relevant forensic training related to investigating and prosecuting cybercrimes against individuals. 322. Report (a) In general Not later than 1 year after the date on which the collection of statistical data under section 311 begins and once each year thereafter, the Director of the Office for Victims of Crime shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that addresses, to the extent data are available, the nature, extent, and amount of funding under the Victims of Crime Act of 1984 ( 34 U.S.C. 20101 et seq. ) for victims of cybercrimes against individuals. (b) Contents The report required under subsection (a) shall include— (1) an analysis of victims' assistance, victims' compensation, and discretionary grants under which victims of cybercrimes against individuals received assistance; (2) recommendations for improving services for victims of cybercrimes against individuals; and (3) efforts by the Department of Justice to conduct outreach to State and local law enforcement agencies on the process for collaborating with the Federal Government for the purpose of investigating and prosecuting interstate and international cybercrime cases. 323. Training and technical assistance for States The Attorney General, in consultation with the Secretary of Homeland Security, the Director of the United States Secret Service, and nongovernmental and survivor stakeholders, shall create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in— (1) investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of— (A) physical, sexual, and psychological abuse of cybercrime victims, including victims of human trafficking that is facilitated by interactive computer services; (B) exploitation of cybercrime victims; and (C) neglect of cybercrime; and (2) assessing, addressing, and mitigating the physical and psychological trauma to victims of cybercrime. IV Other Federal improvements relating to human trafficking 401. Youthful offenders (a) Sentencing juvenile victim offenders who have been trafficked, abused, or assaulted (1) Sentencing juvenile victim offenders (A) In general Section 3553 of title 18, United States Code, is amended— (i) by redesignating subsection (g) as subsection (i); and (ii) by inserting after subsection (f) the following: (g) Sentencing juvenile victim offenders (1) Statutory minimums In the case of a juvenile victim offender, the court shall have the authority to impose a sentence that is below a level established by statute as a minimum sentence in recognition of the potential effect of trauma on the offender’s conduct, if the effect of trauma on the offender’s conduct is established by clear and convincing evidence. (2) Suspension of sentence (A) In general Subject to subparagraph (B), in the case of a juvenile offender, the court shall have the authority to suspend any portion of an imposed sentence. (B) Limitation For an offense for which the minimum sentence under the statute is not less than 10 years, the court may not suspend the sentence imposed on a juvenile victim offender to be less than 3 years. (3) Detention A court may order that a juvenile victim offender serve a sentence in a juvenile facility if— (A) the court imposes a sentence below the level established by statute as a minimum sentence under paragraph (1) or suspends in whole or in part the sentence imposed under paragraph (2); and (B) the period of imprisonment imposed or that is not suspended ends not later than the 21st birthday of the juvenile victim offender. (4) Juvenile victim offender defined In this subsection, the term juvenile victim offender means an individual who— (A) has not attained the age of 18 years; and (B) has been convicted of a violent offense against a person who the court finds, by clear and convincing evidence, engaged in conduct against such individual, not earlier than 1 year before such violent offense, that is an offense under section 1591 or an offense under chapter 71, 109A, 110, or 117. . (B) Application The amendments made by subparagraph (A) shall apply to a conviction entered on or after the date of enactment of this Act. (2) Directive to sentencing commission Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review its guidelines and its policy statements with respect to juvenile victim offenders (as defined in subsection (g) of section 3553 of title 18, United States Code, as added by paragraph (1)) to ensure that the guidelines and policy statements are consistent with the amendments made by paragraph (1). (b) Sentencing juvenile offenders (1) Sentencing juvenile offenders (A) In general Section 3553 of chapter 227 of title 18, United States Code, is amended— (i) in subsection (a)— (I) in paragraph (6), by striking and at the end; (II) in paragraph (7), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (8) in the case of a juvenile (as such term is defined in section 5031), the diminished culpability of juveniles compared to that of adults. ; and (ii) by inserting after subsection (g), as added by subsection (b), the following: (h) Limitation on statutory minimum for juvenile offenders In the case of a juvenile (as such term is defined in section 5031), the court shall have the authority to impose a sentence that is 35 percent below a level established by statute as a minimum sentence so as to reflect the juvenile’s age and prospect for rehabilitation. . (B) Application The amendments made by subparagraph (A) shall apply to a conviction entered on or after the date of enactment of this Act. (2) Directive to sentencing commission Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review its guidelines and its policy statements with respect to juveniles (as defined in section 5031 of title 18, United States Code) to ensure that the guidelines and policy statements are consistent with the amendments made by paragraph (1). (c) Parole for juveniles (1) In general Chapter 403 of title 18, United States Code, is amended by inserting after section 5032 the following: 5032A. Modification of an imposed term of imprisonment for violations of law committed prior to age 18 (a) In general Notwithstanding any other provision of law, a court may reduce a term of imprisonment imposed upon a defendant convicted as an adult for an offense committed and completed before the defendant attained 18 years of age if— (1) the defendant has served not less than 20 years in custody for the offense; and (2) the court finds, after considering the factors and information set forth in subsection (c), that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification. (b) Supervised release Any defendant whose sentence is reduced pursuant to subsection (a) shall be ordered to serve a period of supervised release of not less than 5 years following release from imprisonment. The conditions of supervised release and any modification or revocation of the term of supervised release shall be in accordance with section 3583. (c) Factors and information To be considered in determining whether To modify a term of imprisonment The court, in determining whether to reduce a term of imprisonment pursuant to subsection (a), shall consider— (1) the factors described in section 3553(a), including the nature of the offense and the history and characteristics of the defendant; (2) the age of the defendant at the time of the offense; (3) a report and recommendation of the Bureau of Prisons, including information on whether the defendant has substantially complied with the rules of each institution in which the defendant has been confined and whether the defendant has completed any educational, vocational, or other prison program, where available; (4) a report and recommendation of the United States attorney for any district in which an offense for which the defendant is imprisoned was prosecuted; (5) whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction; (6) any statement, which may be presented orally or otherwise, by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased; (7) any report from a physical, mental, or psychiatric examination of the defendant conducted by a licensed health care professional; (8) the family and community circumstances of the defendant at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system; (9) the extent of the role of the defendant in the offense and whether, and to what extent, an adult was involved in the offense; (10) any statement, which may be presented orally or in writing, by a prosecutor or law enforcement officer who was involved in the original investigation or criminal proceeding for which the defendant is incarcerated; (11) the diminished culpability of juveniles as compared to that of adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing juveniles to the otherwise applicable term of imprisonment; and (12) any other information the court determines relevant to the decision of the court. (d) Limitation on applications pursuant to this section (1) Second application Not earlier than 5 years after the date on which an order entered by a court on an initial application under this section becomes final, a court shall entertain a second application by the same defendant under this section. (2) Final application Not earlier than 5 years after the date on which an order entered by a court on a second application under paragraph (1) becomes final, a court shall entertain a final application by the same defendant under this section. (3) Prohibition A court may not entertain an application filed after an application filed under paragraph (2) by the same defendant. (e) Procedures (1) Notice The Bureau of Prisons shall provide written notice of this section to— (A) any defendant who has served not less than 19 years in prison for an offense committed and completed before the defendant attained 18 years of age for which the defendant was convicted as an adult; and (B) the sentencing court, the United States attorney, and the Federal Public Defender or Executive Director of the Community Defender Organization for the judicial district in which the sentence described in subparagraph (A) was imposed. (2) Crime victims rights (A) Notice Upon receiving notice under paragraph (1), the United States attorney shall provide any notifications required under section 3771. (B) Victim services Victims notified under subparagraph (A) shall be provided the same treatment and services provided by the Department of Justice to victims in similar criminal proceedings, and shall be given notice of the availability of such treatment and services when contacted under this section. (3) Application (A) In general An application for a sentence reduction under this section shall be filed as a motion to reduce the sentence of the defendant and may include affidavits or other written material. (B) Requirement A motion to reduce a sentence under this section shall be filed with the sentencing court and a copy shall be served on the United States attorney for the judicial district in which the sentence was imposed. (4) Expanding the record; hearing (A) Expanding the record After the filing of a motion to reduce a sentence under this section, the court may direct the parties to expand the record by submitting additional written materials relating to the motion. (B) Hearing (i) In general The court shall conduct a hearing on the motion, at which the defendant and counsel for the defendant shall be given the opportunity to be heard. (ii) Evidence In a hearing under this section, the court may allow parties to present evidence. (iii) Defendant’s presence At a hearing under this section, the defendant shall be present unless the defendant waives the right to be present. The requirement under this clause may be satisfied by the defendant appearing by video teleconference. (iv) Counsel A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant for proceedings under this section, including any appeal, unless the defendant waives the right to counsel. (v) Findings The court shall state in open court, and file in writing, the reasons for granting or denying a motion under this section. (C) Appeal The Government or the defendant may file a notice of appeal in the district court for review of a final order under this section. The time limit for filing such appeal shall be governed by rule 4(a) of the Federal Rules of Appellate Procedure. (f) Educational and rehabilitative programs A defendant who is convicted and sentenced as an adult for an offense committed and completed before the defendant attained 18 years of age may not be deprived of any educational, training, or rehabilitative program that is otherwise available to the general prison population. . (2) Table of sections The table of sections for chapter 403 of title 18, United States Code, is amended by inserting after the item relating to section 5032 the following: 5032A. Modification of an imposed term of imprisonment for violations of law committed prior to age 18. . (3) Applicability The amendments made by this subsection shall apply to any conviction entered before, on, or after the date of enactment of this Act. 402. Prevention research (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ), acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Department of Justice, the Department of Homeland Security, the Department of Housing and Urban Development, the Department of Labor, and the Department of State, including the Office to Monitor and Combat Trafficking in Persons of the Department of State, shall develop a research agenda on primary prevention of human trafficking in the United States, in accordance with Federal law. Such research agenda shall include research to support effective screening tools and primary prevention programs, including education and prevention campaigns. (b) Consultation In developing the research agenda under subsection (a), the Secretary shall consult with a panel of service providers, university researchers, advocates, human trafficking prevention education experts, survivors of human trafficking, and community and faith-based organizations. (c) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that includes— (1) a list of members of the panel under subsection (b) and the organization or institute each such member represents, if any; (2) a description of the research agenda developed under subsection (a) and the plan to implement that agenda; (3) recommendations for congressional priorities to assist the Secretary in carrying out the agenda developed under subsection (a), including by effectively advancing knowledge about trafficking in persons in the United States and providing the means by which to prevent or reduce both sex and labor trafficking; and (4) recommendations for supporting State and local practitioners. 403. Reduction of barriers to obtain identity documents for trafficking survivors (a) Alternative identity documents accepted A survivor of human trafficking or a homeless youth may provide to a Federal agency any of the following documents in lieu of a birth certificate or passport to prove identity, age, and residency of the survivor: (1) A school-issued document, including a school ID, school record, or transcript. (2) A W–2 or a 1099 tax form. (3) A State or Federal court document. (4) A medical insurance policy identification card or medical record. (5) A United States military ID or United States military dependent ID. (6) An employee ID or other employee record. (7) A vehicle registration or title. (8) A Certificate of Degree of Indian Blood. (9) A State or local government ID. (10) A doctor or hospital bill. (11) A utility bill. (12) A consular ID card. (13) A paycheck or paycheck stub. (b) Minors A survivor of human trafficking who is a minor or a homeless youth shall not be required to obtain the consent or signature of the parent or guardian of the minor to receive from a Federal agency a copy of the government-issued identity card issued to the minor. (c) Fees Federal agencies shall not charge a survivor of human trafficking or a homeless youth a fee to obtain a copy of a government-issued identity card. (d) Technical assistance and grants The Department of Justice is authorized to provide technical assistance and grants to States to encourage the States to remove existing barriers and support human trafficking survivors and homeless youth with access to personal identification documents by— (1) accepting from a survivor of human trafficking or a homeless youth to prove identity, age, and residency in lieu of a birth certificate or passport, a statement of identity, residency, and date of birth from— (A) the head, or the designee of the head, of a human trafficking service provider funded by the Department of Justice or the Department of Health and Human Services; (B) a social worker, attorney, or other direct service worker at a human trafficking service provider funded by the Department of Justice or the Department of Health and Human Services; (C) a liaison described in section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ); (D) the head, or the designee of the head, of a shelter funded by the Department of Housing and Urban Development; (E) the head, or the designee of the head, of a shelter funded by the Runaway and Homeless Youth Act ( 34 U.S.C. 11201 et seq. ); (F) a local, State, Federal, or Tribal law enforcement officer; or (G) a local, State, Federal, or Tribal government official with responsibility for issuing personal identification documents; (2) removing any requirement that a survivor of human trafficking who is a minor or a homeless youth be required to obtain the consent or signature of the parent or guardian of the minor to receive from a Federal agency a certification or a copy of the birth record, government ID, or drivers' license of the minor; or (3) preventing a survivor of human trafficking or homeless youth from being charged a fee for copies of the birth record, government-issued identity card, or drivers’ license of the survivor of human trafficking. 404. Cybercrime Subject to the availability of appropriations, the Attorney General and the Secretary of Homeland Security shall provide incentive pay, in an amount that is not more than 25 percent of the basic pay of the individual, to an individual appointed to a position in the Department of Justice or the Department of Homeland Security (including positions in Homeland Security Investigations), respectively, requiring significant cyber skills to aid in the protection of trafficking victims, prevention of trafficking in persons, or prosecution of buyers of and traffickers in persons, in accordance with the comparable level of the General Schedule. 405. Office of Counter-Trafficking (a) In general Section 102 of title 49, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: (h) Office of Counter-Trafficking (1) Establishment There is established, in the Department, the Office of Counter-Trafficking (referred to in this subsection as the Office ), which shall plan, coordinate, and implement department-wide counter-trafficking initiatives, including efforts to combat sex and labor trafficking. (2) Functions The Office shall— (A) collaborate with other entities of the Department to articulate the vision and priorities for anti-trafficking efforts, including grants; (B) expand the Transportation Leaders Against Human Trafficking initiative; (C) facilitate stronger public-private partnerships to combat human trafficking; (D) develop and implement interagency counter-trafficking projects, including by coordinating with the Department of Justice, the Department of Health and Human Services, and the Department of Homeland Security; (E) create and oversee an online portal to permit transportation stakeholders to track data on measurable counter-trafficking initiatives; and (F) coordinate with the Department of State to establish transportation-based counter-trafficking programs across North America and around the world. . (b) Authorization of appropriations There are authorized to be appropriated to the Office of Counter-Trafficking of the Department of Transportation $1,000,000 for each of the fiscal years 2023 through 2027, which shall be used— (1) to educate and train transportation personnel on how to identify and stop human trafficking; (2) to raise awareness among transportation personnel and the traveling public on recognizing and reporting human trafficking; (3) to conduct research or collect data on trafficking within the transportation sector; and (4) to provide grants to State, tribal, and local governments, United States territories, transit agencies, port authorities, metropolitan planning organizations, political subdivisions of a State or local government, a collaboration among any such entities, and qualified nonprofit organizations, for the purposes of developing and supporting human trafficking prevention programs. 406. Tip organizations Section 524(c)(1) of title 28, United States Code, is amended— (1) in subparagraph (H), by striking and at the end; (2) in subparagraph (I), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (J) at the discretion of the Attorney General, payments to reimburse operating expenses and program costs incurred by crime-tip organizations that— (i) annually waive their qualification for— (I) awards for information leading to forfeiture under subparagraph (C); and (II) receiving payment from equitably shared forfeiture funds; and (ii) offer rewards for information about violations of Federal criminal laws prohibiting human trafficking. . 407. Data collection (a) Disaggregated data The Department of Justice shall collect and submit to Congress— (1) disaggregated data regarding the number of victims trafficked by third parties and by family members; (2) disaggregated data regarding victims trafficked by victim age; and (3) disaggregated data regarding victims trafficked by the type of trafficking (labor, sex, labor and sex, or unknown). (b) Continued presence data (1) In general The data described in paragraph (2), disaggregated by type of trafficking (labor, sex, labor and sex, or unknown)— (A) shall be included in the report required under section 105(d)(7) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103(d)(7) ); (B) should be included in reports from any Federal, State, Tribal, or local agency that receives Federal counter trafficking in persons funding; and (C) for data included under subparagraph (A) or (B), shall include demographic characteristics of the victim of trafficking, including age, sex, race, ethnicity, and national origin. (2) Data described The data described in this paragraph are the following: (A) (i) The number of requests for continued presence that were received from, or on behalf of, potential trafficking victims. (ii) For each request referred to in clause (i), whether the request was filed or was not filed. (iii) For each request that was filed, whether the request was approved or denied. (B) In each applicable case— (i) the month and year when the continued presence request was filed; (ii) if the continued presence request was not filed, the reasons for such failure to file; and (iii) if the continued presence request was denied, the reasons for such denial. (C) For each potential human trafficking case described in subparagraph (A)— (i) whether or not an investigation was initiated into the case; and (ii) if an investigation was not initiated, the reasons for such failure to investigate. (D) The number of requests for T visa certifications that were received from, or on behalf of, potential trafficking victims and the outcomes of such requests, indicating whether or not a T visa certification was provided. (E) In each applicable case— (i) the month and year when the T visa certification request for approval was submitted; and (ii) if such request was denied, the reasons for such denial. (F) Whether an investigation was initiated into each potential human trafficking case described in subparagraph (D). 408. Cumulative biennial report on data collection and statistics Not later than 280 days after the date of enactment of this Act, and every 2 years thereafter, the Attorney General and the Secretary of Health and Human Services shall each submit to the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on the Judiciary and the Committee on Energy and Commerce of the House of Representatives the status of the required data collection and reporting requirements of the Attorney General and the Secretary, respectively, related to trafficking, which shall include the status of— (1) the study required under section 201(a)(1)(B)(ii) of the Trafficking Victims Protection Reauthorization Act of 2005 ( 34 U.S.C. 20701(a)(1)(B)(ii) ); (2) the State reports required under section 237(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 34 U.S.C. 41309(b) ) to be included in the Uniform Crime Reporting Program and the National Incident-Based Reporting System; (3) the report required under section 237(c)(1)(A) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( Public Law 110–457 ; 122 Stat. 5084); (4) the report required under section 237(c)(1)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( Public Law 110–457 ; 122 Stat. 5084); (5) the report required under section 237(c)(1)(C) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( Public Law 110–457 ; 122 Stat. 5084); and (6) the comprehensive study required under section 237(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( Public Law 110–457 ; 122 Stat. 5085). 409. Forced labor requirements (a) Department of Justice (1) In general Not later than 2 years after the date of enactment of this Act, the Attorney General shall establish a team of not less than 10 agents within the Civil Rights Unit of the Federal Bureau of Investigation to be assigned to exclusively investigate labor trafficking. (2) Authorization of appropriations There are authorized to be appropriated to carry out paragraph (1) $2,000,000 for each of fiscal years 2022 to 2027, to remain available until expended. (b) Department of Homeland Security (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Homeland Security shall establish a team of not less than 10 agents within the Center for Countering Human Trafficking of the Department of Homeland Security to be assigned to exclusively investigate labor trafficking. (2) Authorization of appropriations There are authorized to be appropriated to carry out paragraph (1) $2,000,000 for each of fiscal years 2022 to 2027, to remain available until expended. 410. Homeland Security VAP Section 442 of the Homeland Security Act of 2002 ( 6 U.S.C. 252 ) is amended by adding at the end the following: (d) Homeland security investigations victim assistance program (1) In general There is established within Homeland Security Investigations of U.S. Immigration and Customs Enforcement a Victim Assistance Program. (2) Functions The Victim Assistance Program established under paragraph (1) shall— (A) provide oversight, guidance, training, travel, equipment, and coordination to victim assistance personnel nationwide; (B) locate, at a minimum— (i) a forensic interview specialist and a victim assistance specialist in each office of the Special Agent in Charge of Homeland Security Investigations; (ii) a victim assistance specialist in each office of Homeland Security Investigations participating in a human trafficking task force; (iii) a victim assistance specialist in each regional attaché office of Homeland Security Investigations; and (iv) a victim assistance specialist in each office of Homeland Security Investigations participating in a child sexual exploitation task force; and (C) provide training on such topics as victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and the victim-centered approach. (3) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2022 through 2027. . 411. Multidisciplinary teams (a) Amendment Chapter 33 of title 28, United States Code, is amended by adding at the end the following: 540D. Multidisciplinary teams (a) Definition In this section, the term child sexual abuse investigation includes an investigation of child sexual abuse material. (b) Multidisciplinary teams required (1) In general The Director of the Federal Bureau of Investigation (referred to in this section as the Director ) shall establish and maintain, except as provided in paragraph (2), multidisciplinary teams on child sexual abuse and sex and labor trafficking investigations for the purposes specified in subsection (c). (2) Child advocacy centers The Director— (A) may work with local child advocacy centers to provide appropriate multidisciplinary investigations of child sexual abuse and other investigations; and (B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with appropriate child advocacy centers with regard to availability, provision, and use of services to and by such victims and families. (3) Memoranda of understanding The Director shall seek to enter into a memorandum of understanding with a national reputable accrediting organization for children's advocacy centers under which— (A) the children’s advocacy services of the national organization are made available to all field offices of the Federal Bureau of Investigation in the continental United States; and (B) special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes. (c) Purposes The purposes of each multidisciplinary team maintained under subsection (b) shall be as follows: (1) To provide for the sharing of information among such team and other appropriate personnel regarding the progress of investigations into and resolutions of incidents of child sexual abuse and sex and labor trafficking reported to or otherwise investigated by the Federal Bureau of Investigation. (2) To provide for and enhance collaborative efforts among such team and other appropriate personnel regarding investigations into the abuse. (3) To enhance the social services available to victims in connection with such incidents, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with such incidents. (4) To carry out other duties regarding the response to child sexual abuse investigations. (d) Personnel (1) In general Each multidisciplinary team maintained under subsection (b) shall be composed of the following: (A) Appropriate investigative personnel. (B) Appropriate mental health professionals. (C) Appropriate medical personnel. (D) Family advocacy case workers. (E) Child advocacy center personnel. (F) Appropriate prosecutors. (2) Expertise and training (A) In general Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the purposes of the team under this section. (B) Requirement The training and expertise required under subparagraph (A) shall include training and expertise on special victims’ crimes, including child sexual abuse. (e) Sharing of information (1) Access to information Personnel of child advocacy centers who are assigned to work on an investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews, providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. (2) Sharing information with FBI Child advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases. (3) Security clearances (A) In general The Federal Bureau of Investigation shall provide security clearances to not more than 20 individuals who are personnel of child advocacy centers for purposes of case review by multidisciplinary teams. (B) Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A). (f) Use of teams Multidisciplinary teams required under this section shall be made available for minor and adolescent reporting of child sexual abuse, as well as adult reporting of child sexual abuse. (g) Case review by multidisciplinary team Child sexual abuse investigations shall be regularly reviewed by a multidisciplinary team under this section at regularly scheduled times to— (1) share information about case progress; (2) address any investigative or prosecutorial barriers; and (3) ensure that victims receive support and needed treatment. (h) Availability of victim advocates The Director shall make victim advocates available to all reporting victims. . (b) Technical and conforming amendment The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540C the following: 540D. Multidisciplinary teams. . | https://www.govinfo.gov/content/pkg/BILLS-117s3946is/xml/BILLS-117s3946is.xml |
117-s-3947 | II 117th CONGRESS 2d Session S. 3947 IN THE SENATE OF THE UNITED STATES March 29, 2022 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to permit different tick sizes for emerging growth companies, and for other purposes.
1. Short title This Act may be cited as the Intelligent Tick Study Act . 2. Tick sizes Section 11A(c)(6) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78k–1(c)(6) ) is amended to read as follows: (6) Tick size If the Commission determines that the securities of emerging growth companies should be quoted and traded using a minimum increment of greater than $0.01, the Commission may, by rule, designate a minimum increment for the securities of emerging growth companies that is greater than $0.01 but not more than $0.25 for use in all quoting and trading of securities in any exchange or other venue. . 3. Report (a) Definition of security In this section, the term security has the meaning given the term in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c ). (b) Report Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall conduct a study and submit to Congress a report that examines— (1) the transition to trading and quoting securities in increments other than $0.01, which includes increments higher and lower than $0.01; (2) the impact that the change described in paragraph (1) has had on liquidity and market quality for small, middle, and large capitalization company securities; and (3) whether there is sufficient economic incentive to support trading operations in the securities described in paragraph (2) in increments other than $0.01. | https://www.govinfo.gov/content/pkg/BILLS-117s3947is/xml/BILLS-117s3947is.xml |
117-s-3948 | II 117th CONGRESS 2d Session S. 3948 IN THE SENATE OF THE UNITED STATES March 29, 2022 Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Investment Company Act of 1940 to prohibit limitations on closed-end companies investing in private funds, and for other purposes.
1. Short title This Act may be cited as the Increasing Investor Opportunities Act . 2. Closed-end company authority to invest in private funds (a) In general Section 5 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–5 ) is amended by adding at the end the following: (d) Closed-End company authority To invest in private funds (1) In general The Commission may not limit a closed-end company from investing any or all of the assets of the company in a private fund solely or primarily because of the status of the fund as a private fund. (2) Application Notwithstanding section 6(f), this subsection shall apply to a closed-end company that elects to be treated as a business development company pursuant to section 54. . (b) Definition of private fund (1) Investment Company Act of 1940 Section 2(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a) ) is amended by adding at the end the following: (55) The term private fund means an issuer that would be an investment company but for the exception provided for in paragraph (1) or (7) of section 3(c). . (2) Investment Advisers Act of 1940 Section 202(a) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a) ) is amended— (A) by redesignating the second paragraph (29) (relating to commodity pool and other terms) as paragraph (31); and (B) by amending paragraph (29) to read as follows: (29) The term private fund has the meaning given the term in section 2(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a) ). . (c) Treatment by national securities exchanges Section 6(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f(b) ) is amended by adding at the end the following: (11) (A) The rules of the exchange do not prohibit the listing or trading of securities of a closed-end company by reason of the amount of the investment by the company of assets in private funds. (B) In this paragraph— (i) the term closed-end company — (I) has the meaning given the term in section 5(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–5(a) ); and (II) includes a closed-end company that elects to be treated as a business development company under section 6(f) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–6(f) ); and (ii) the term private fund has the meaning given the term in section 2(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a) ). . (d) Investment limitation Section 3(c) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c) ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), in the second sentence, by striking subparagraphs (A)(i) and (B)(i) and inserting subparagraphs (A)(i), (B)(i), and (C) ; and (2) in paragraph (7)(D), by striking subparagraphs (A)(i) and (B)(i) and inserting subparagraphs (A)(i), (B)(i), and (C) . | https://www.govinfo.gov/content/pkg/BILLS-117s3948is/xml/BILLS-117s3948is.xml |
117-s-3949 | II 117th CONGRESS 2d Session S. 3949 IN THE SENATE OF THE UNITED STATES March 29, 2022 Mr. Grassley (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes.
1. Short title This Act may be cited as the Trafficking Victims Prevention and Protection Reauthorization Act of 2022 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Combating trafficking in persons in the United States Subtitle A—Programs To Support Young Victims who are Vulnerable to Human Trafficking Sec. 101. Authority to award competitive grants to enhance collaboration between State child welfare and juvenile justice systems. Sec. 102. Employment and education program for trafficking survivors with a history in the State child protection and welfare system. Sec. 103. Elimination of sunset for Advisory Council on Human Trafficking. Sec. 104. Pilot program for youth at high risk of being trafficked. Sec. 105. Facilitating United States investigations into potential human trafficking cases. Subtitle B—Governmental Efforts To Prevent Human Trafficking Sec. 121. Preventing trafficking in persons in Federal contractor supply chains. Sec. 122. Ensuring anti-trafficking-in-persons trainings and provisions into Codes of Conduct of all Federal departments and executive agencies. Sec. 123. Government Accountability Office study on accessibility of mental health services and substance use disorder services. Subtitle C—Monitoring Child, Forced, and Slave Labor Sec. 131. Transparency in anti-trafficking expenditures. Sec. 132. Sense of Congress regarding United States companies adopting counter-trafficking-in-persons policies. Sec. 133. Amendments to the Child Abuse Prevention and Treatment Act. Sec. 134. Sense of Congress regarding timely submission of Department of Justice reports. Sec. 135. Sense of Congress on criteria for classifying victims of child sex trafficking. Sec. 136. Missing and abducted foster children and youth. Sec. 137. Modification to State plan for foster care and adoption assistance. Sec. 138. Survivors' bill of rights. TITLE II—Authorization of appropriations Sec. 201. Extension of authorizations under the Victims of Trafficking and Violence Protection Act of 2000. Sec. 202. Extension of authorizations under the International Megan’s Law. Sec. 203. Extension of authorizations for the Human Exploitation Rescue Operation Child-Rescue Corps Program. Sec. 204. Improving enforcement of section 307 of the Tariff Act of 1930. TITLE III—Severability Sec. 301. Severability. I Combating trafficking in persons in the United States A Programs To Support Young Victims who are Vulnerable to Human Trafficking 101. Authority to award competitive grants to enhance collaboration between State child welfare and juvenile justice systems (a) In general Subpart 1 of part B of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. ) is amended by adding at the end the following: 429A. Grants to States to enhance collaboration between State child welfare and juvenile justice systems (a) Purpose The purpose of this section is to authorize the Secretary, in collaboration with the Attorney General and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice— (1) to make grants to State child welfare and juvenile justice agencies and child- and youth-serving agencies to collaborate in the collection of data relating to dual status youth; and (2) to develop practices, policies, and protocols— (A) to confront the challenges presented and experienced by dual status youth; and (B) for the development of interoperable data systems. (b) Authority To award grants (1) In general Subject to the availability of appropriations, from amounts reserved under section 423(a)(2) for a fiscal year, the Secretary shall award competitive grants jointly to a State child welfare agency and a State juvenile justice agency to facilitate or enhance collaboration between the child welfare and juvenile justice systems of the State in order to carry out programs to address the needs of dual status youth and their families. (2) Length of grants (A) In general Subject to subparagraph (B), a grant shall be awarded under this section for a period of not less than 2 fiscal years and not more than 5 fiscal years. (B) Extension of grant Upon the application of the grantee, the Secretary may extend the period for which a grant is awarded under this section for not more than 2 fiscal years. (c) Additional requirements (1) Application In order for a State to be eligible for a grant under this section, the State shall submit an application, subject to the approval of the Secretary, that includes— (A) a description of the proposed leadership collaboration group (including the membership of such group), and how such group will manage and oversee a review and analysis of current practices while working to jointly address enhanced practices to improve outcomes for dual status youth; (B) a description of how the State proposes— (i) to identify dual status youth; (ii) to identify individuals who are at risk of becoming dual status youth; (iii) to identify common characteristics shared by dual status youth in the State; and (iv) to determine the prevalence of dual status youth in the State; (C) a description of current and proposed practices and procedures that the State intends to use— (i) to screen and assess dual status youth for risks and treatment needs; (ii) to provide targeted and evidence-based services, including educational, behavioral health, and pro-social treatment interventions for dual status youth and their families; and (iii) to provide for a lawful process to enhance or ensure the abilities of the State and any relevant agencies to share information and data about dual status youth, while maintaining confidentiality and privacy protections under Federal and State law; and (D) a certification that the State has involved local governments, as appropriate, in the development, expansion, modification, operation, or improvement of proposed policy and practice reforms to address the needs of dual status youth. (2) No supplantation of other funds Any amounts paid to a State under a grant under this section shall be used to supplement and not supplant other State expenditures on dual status youths or children involved with either the child welfare or juvenile justice systems. (3) Evaluation Up to 10 percent of the amount made available to carry out this section for a fiscal year shall be made available to the Secretary to evaluate the effectiveness of the projects funded under this section, using a methodology that— (A) includes random assignment whenever feasible, or other research methods that allow for the strongest possible causal inferences when random assignment is not feasible; and (B) generates evidence on the impact of specific projects, or groups of projects with identical (or similar) practices and procedures. (4) Report A State child welfare agency and a State juvenile justice agency receiving a grant under this section shall jointly submit to the Secretary, the Attorney General, and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, a report on the evaluation of the activities carried out under the grant at the end of each fiscal year during the period of the grant. Such report shall include— (A) a description of the scope and nature of the dual status youth population in the State, including the number of dual status youth; (B) a description of the evidence-based practices and procedures used by the agencies to carry out the activities described in clauses (i) through (iii) of paragraph (1)(C); and (C) an analysis of the effects of such practices and procedures, including information regarding— (i) the collection of data related to individual dual status youths; (ii) aggregate data related to the dual status youth population, including— (I) characteristics of dual status youths in the State; (II) case processing timelines; and (III) information related to case management, the provision of targeted services, and placements within the foster care or juvenile justice system; and (iii) the extent to which such practices and procedures have contributed to— (I) improved educational outcomes for dual status youths; (II) fewer delinquency referrals for dual status youths; (III) shorter stays in intensive restrictive placements for dual status youths; or (IV) such other outcomes for dual status youths as the State child welfare agency and State juvenile justice agency may identify. (d) Training and technical assistance The Secretary may support State child welfare agencies and State juvenile justice agencies by offering a program, developed in consultation with organizations and agencies with subject matter expertise, of training and technical assistance to assist such agencies in developing programs and protocols that draw on best practices for serving dual status youth in order to facilitate or enhance— (1) collaboration between State child welfare agencies and State juvenile justice agencies; and (2) the effectiveness of such agencies with respect to working with Federal agencies and child welfare and juvenile justice agencies from other States. (e) Report Not later than 3 years after the date of enactment of this section, and every 3 years thereafter, the Secretary, the Attorney General, and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice shall jointly submit to the Committee on Finance and the Committee on the Judiciary of the Senate and the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives, a report on the grants provided under this section. (f) Definitions In this section: (1) Dual status youth The term dual status youth means a child who has come into contact with both the child welfare and juvenile justice systems and occupies various statuses in terms of the individual’s relationship to such systems. (2) Leadership collaboration group The term leadership collaboration group means a group composed of senior officials from the State child welfare agency, the State juvenile justice agency, and other relevant youth and family-serving public agencies and private organizations, including, to the extent practicable, representatives from the State judiciary branch. (3) State juvenile justice agency The term State juvenile justice agency means the agency of the State or Indian tribe responsible for administering grant funds awarded under the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11101 et seq. ). (4) State child welfare agency The term State child welfare agency means the State agency responsible for administering the program under this subpart, or, in the case of a tribal organization that is receiving payments under section 428, the tribal agency responsible for administering such program. . (b) Conforming amendments Section 423(a) of such Act ( 42 U.S.C. 623(a) ) is amended— (1) by striking The sum appropriated and inserting the following: (1) In general Subject to paragraph (2), the sum appropriated ; and (2) by adding at the end the following: (2) Grants to states to enhance collaboration between state child welfare and juvenile justice systems For each fiscal year beginning with fiscal year 2022 for which the amount appropriated under section 425 for the fiscal year exceeds $270,000,000— (A) the Secretary shall reserve from such excess amount such sums as are necessary for making grants under section 429A for such fiscal year; and (B) the remainder to be applied under paragraph (1) for purposes of making allotments to States for such fiscal year shall be determined after the Secretary first allots $70,000 to each State under such paragraph and reserves such sums under subparagraph (A) of this paragraph. . 102. Employment and education program for trafficking survivors with a history in the State child protection and welfare system (a) Definitions In this section: (1) Eligible individual The term eligible individual means a domestic or foreign victim of human trafficking who— (A) is eligible to receive services under section 107 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105 ); and (B) has a history in the State child protection and welfare system. (2) Eligible organization The term eligible organization means a service provider, which may include a nongovernmental organization, that has experience— (A) using national or local anti-trafficking networks to serve victims of human trafficking; (B) qualifying, providing, and coordinating services for survivors of trafficking (as described in subsection (c)) that are linguistically accessible, culturally responsive, age-appropriate, developmentally appropriate, and trauma-informed; and (C) identifying and assisting victims of labor trafficking and commercial sexual exploitation, especially youth and underserved populations. (3) Program The term Program means the Human Trafficking Survivors Employment and Education Program established under this section. (4) Secretary The term Secretary means the Secretary of Health and Human Services. (b) Employment and Education Program The Secretary of Health and Human Services may carry out a Human Trafficking Survivors Employment and Education Program to prevent the re-exploitation of eligible individuals who have been removed from trafficking situations, by assisting such individuals to integrate or reintegrate into society through social services support for the attainment of life skills, employment, and education necessary to achieve self-sufficiency. (c) Services provided Services offered, provided, and funded by the Program shall include (as relevant to the trafficking survivor)— (1) enrollment and participation in— (A) basic education, including literacy education and English as a second language education; (B) job-related skills training; (C) vocational and certificate programs; (D) programs for attaining a regular high school diploma or its recognized equivalent; or (E) training for career opportunities in opportunity jobs, which shall be defined for purposes of this subparagraph as jobs that— (i) have a low potential for automation; (ii) do not require a college degree; and (iii) are projected to grow after the COVID–19 pandemic; (2) life-skill training programs, including management of personal finances, self-care, and parenting classes; (3) résumé creation and review; (4) interview coaching and counseling; (5) assistance with expungement of criminal records when such records are for nonviolent crimes that were committed as a consequence of the eligible individual’s victimization; (6) assistance with enrollment in college or technical school; (7) scholarship assistance for attending college or technical school; (8) professional coaching or professional development classes; (9) case management to develop an individualized plan with each survivor, based on each person’s needs and goals; (10) assistance with obtaining victim compensation, direct victim assistance, or other funds for mental health care; and (11) other programs and services that help eligible individuals to achieve self-sufficiency, such as wrap-around social services to assist survivors in meeting their basic needs. (d) Service period Eligible individuals may receive services through the Program for a cumulative period of 5 years. (e) Cooperative agreements Subject to the availability of appropriations, the Secretary shall enter into cooperative agreements with one or more eligible organizations to carry out this section. 103. Elimination of sunset for Advisory Council on Human Trafficking The Survivors of Human Trafficking Empowerment Act (section 115 of Public Law 114–22 ) is amended by striking subsection (h). 104. Pilot program for youth at high risk of being trafficked Section 202(b) of the Trafficking Victims Protection Reauthorization Act of 2005 ( 34 U.S.C. 20702(b) ) is amended by adding at the end the following: (5) Pilot demonstration program (A) Establishment The Assistant Attorney General, in consultation with the Assistant Secretary, shall establish a pilot demonstration program, through which community-based organizations in underserved communities, prioritizing rural communities, in the United States may apply for funding to develop, implement, and build replicable treatment models for different housing models with supportive services and innovative care, treatment, and services. (B) Population to be served The program established pursuant to subparagraph (A) shall primarily serve adolescents and youth who— (i) are transitioning out of foster care; (ii) struggle with substance use disorder; (iii) are pregnant or parenting; or (iv) have experienced foster care involvement or involvement in the child welfare system, child poverty, child abuse or neglect, human trafficking, juvenile justice involvement, gang involvement, or homelessness. (C) Funding priority The Assistant Attorney General shall giving funding priority to community-based programs that provide crisis stabilization, emergency shelter, and addiction treatment for adolescents and transitional age residential programs that have reputable outcomes. . 105. Facilitating United States investigations into potential human trafficking cases (a) Forced labor Section 1589 of title 18, United States Code, is amended by adding at the end the following: (e) Whoever knowingly obstructs, or attempts to obstruct, the enforcement of this section shall be punished— (1) by a fine under this title and imprisonment for not more than 20 years; (2) if a violation of this section includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, by a fine under this title and imprisonment for any term or years or for life; and (3) if death results from a violation of this section, by a fine under this title and imprisoned for not less than 10 years or for life. . (b) Sex trafficking of children or by force, fraud, or coercion Section 1591 of title 18, United States Code, is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting before subsection (e), as redesignated, the following: (d) Whoever, while being an official involved in an investigation of sex trafficking (as defined in section 103 of the Trafficking Victims Protection Act ( 22 U.S.C. 7102 )) engages in any sexual act or in sexual contact with any witness or potential witness to such sex trafficking, or victim or person reasonably likely to be the victim of such sex trafficking over the course of the investigation shall be punished— (1) if the person, witness, or victim had not attained 18 years of age at the time of such sexual act or contact, by a fine under this title and imprisonment for any term of years or for life; or (2) if the person, witness, or victim is an adult, by a fine under this title and imprisonment for not more than 25 years. . (c) Civil remedy Section 1595 of title 18, United States Code, is amended by adding at the end the following: (e) (1) It shall be unlawful to retaliate against any victim of a violation of this chapter because such person has— (A) instituted, caused to be instituted, assisted with, testified or is about to testify in, or participated in any manner in any complaint, investigation, proceeding, or hearing under or related to this chapter; or (B) opposed any behavior that is a violation of this chapter. (2) In this subsection, the term retaliate against any victim means any action that a reasonable person would consider intimidating, threatening, restraining, coercive, threatening, harassing, or adversely effecting employment status or assets, including any action directed at a person other than the person who has engaged in one of the activities set forth in paragraph (A) or (B) of paragraph (1). (3) Any individual who is injured as a result of a violation of paragraph (1)— (A) may sue the violator in an appropriate district court of the United States to obtain relief; and (B) if the court determines that such injury resulted from such violation, shall recover from the defendant— (i) treble damages sustained by such individual; and (ii) reasonable attorneys’ fees, as set forth in this chapter. (f) In addition to any other remedies set forth in this section, whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited under section 1512 (relating to tampering with a witness, victim, or an informant) or 1513 (relating to retaliation against a witness, victim, or an informant) with regard to a civil action under this chapter, an individual may institute an application for a permanent or temporary injunction, restraining order, or other order to preclude such act or practice. . B Governmental Efforts To Prevent Human Trafficking 121. Preventing trafficking in persons in Federal contractor supply chains The Federal Acquisition Regulation shall be revised to require, with respect to the clause required to be included in all solicitations and contracts under section 52.222–50 of such regulation, that a contractor of the Federal Government certify to the contracting officer annually after receiving an award that— (1) to the best of the knowledge and belief of the contractor, neither the contractor, nor any of the agents or subcontractors of the contractor (or any agents and subcontractors thereof at any tier), has engaged during the performance of the contract in any activities prohibited under such clause, including billing the Government for any services or supplies provided under the contract that were obtained or performed in violation of the prohibited activities during the contract period; and (2) if any violations relating to any of the activities prohibited under such clause have been found, the contractor or subcontractor has taken the appropriate remedial and referral actions. 122. Ensuring anti-trafficking-in-persons trainings and provisions into Codes of Conduct of all Federal departments and executive agencies (a) Findings Congress finds the following: (1) Human trafficking is inimical to every Federal agency’s core values and inherently harmful and dehumanizing. (2) Through the adoption of a Code of Conduct, Federal agencies hold their personnel to similar standards that are required of contractors and subcontractors of the agency under Federal law. (3) Human trafficking is a violation of human rights and against Federal law. (4) The United States Government seeks to deter activities that would facilitate or support trafficking in persons. (b) Sense of Congress on implementation of anti-Trafficking-in-Persons policies It is the sense of Congress that— (1) beginning not later than 18 months after the date of the enactment of this Act, the head of every Federal agency should incorporate a module on human trafficking into its staff training requirements and menu of topics to be covered in the annual ethics training of such agency; (2) such staff trainings should— (A) cover both labor and sex trafficking; and (B) teach employees how to prevent, identify, and report trafficking in persons; (3) Federal agencies that already provide counter trafficking-in-persons training for staff should share their curricula with agencies that do not have such curricula; (4) the head of each agency should inform all candidates for employment about the anti-trafficking provisions in the Code of Conduct of the agency; (5) employees of each Federal agency should sign acknowledgment of the agency’s Code of Conduct, which should be kept in the file of the employee; and (6) a violation of the Code of Conduct should lead to disciplinary action, up to and including termination of employment. (c) Policy for executive branch employees The President shall take such steps as may be necessary to ensure that each officer and employee (including temporary employees, persons stationed abroad while working for the United States, and detailees from other agencies of the Federal Government) of an agency in the executive branch of the Federal Government is subject to a policy with a minimum standard that contains— (1) a prohibition from engaging in sex trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) or labor trafficking while employed by the Government in a full-time or part-time capacity; (2) a requirement that all Federal personnel, without regard to whether the person is stationed abroad, be sensitized to human trafficking and the ethical conduct requirements that prohibit the procurement of trafficking in persons; (3) a requirement that all such personnel be equipped with the necessary knowledge and tools to prevent, recognize, report, and address human trafficking offenses through a training for new personnel and through regular refresher courses offered every 2 years; and (4) a requirement that all such personnel report to the applicable inspector general and agency trafficking in persons point of contact any suspected cases of misconduct, waste, fraud, or abuse relating to trafficking in persons. (d) Timing The policy described in subsection (c)— (1) shall be established or integrated into all applicable employee codes of conduct not later than 18 months after the date of the enactment of this Act; (2) may not replace any preexisting code of conduct that contains more robust requirements than the requirements described in subsection (c); and (3) shall be signed by all personnel described in subsection (c) not later than 2 years after such date of enactment. (e) Reporting The Office of Inspector General of a Federal department or agency, in consultation with the head of such agency, shall submit an annual report to Congress, which shall be publicly accessible, containing— (1) the number of suspected violations reported; (2) the number of investigations; (3) the status and outcomes of such investigations; and (4) any recommended actions to improve the programs and operations of such agency. 123. Government Accountability Office study on accessibility of mental health services and substance use disorder services Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct a study of the accessibility of mental health services and substance use disorder treatment and recovery for survivors of sex and labor trafficking in the United States of various ages; and (2) submit a report to Congress containing the findings of such study and recommendations for increased accessibility and affordability for survivors of trafficking. C Monitoring Child, Forced, and Slave Labor 131. Transparency in anti-trafficking expenditures (a) In general Not later than 90 days after the date of the enactment of this Act, and not later than October 1 of each of the following 5 years, the head of each Federal department or agency to which amounts are appropriated for the purpose of awarding grants for anti-trafficking in persons, and the head of each Federal department and agency contributing to the annual congressional earmark for counter-trafficking in persons, shall publish on the public website of the department or agency, with respect to the prior fiscal year— (1) each obligation or expenditure of Federal funds for the purpose of combating human trafficking and forced labor; and (2) subject to subsection (b), and with respect to each such obligation or expenditure, the name of a primary recipient, and any subgrantees, and their project location, activity, award amounts, and award periods. (b) Exception for security concerns If the head of a Federal department or agency determines that a primary recipient or subgrantee for purposes of subsection (a) has a security concern— (1) the award recipients shall not be publicly identified pursuant to subsection (a)(2); and (2) only the activity, award amounts, and award periods shall be publicly listed pursuant to such subsection. 132. Sense of Congress regarding United States companies adopting counter-trafficking-in-persons policies It is the sense of Congress that— (1) companies headquartered or doing business in the United States that are not small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )) should adopt a written policy not later than 18 months after the date of the enactment of this Act that— (A) prohibits trafficking in persons; (B) is published annually; and (C) is accessible in a prominent place on their public website; (2) such policy should expressly prohibit the company, its employees, or agents from— (A) engaging in severe forms of trafficking in persons; (B) using forced labor for the development, production, shipping, or sale of its goods or services; (C) destroying, concealing, confiscating, or otherwise denying access by an employee to the employee’s identity or immigration documents, such as passports or drivers’ licenses, regardless of issuing authority; (D) using misleading or fraudulent practices during the recruitment of employees or offering of employment, such as— (i) failing to disclose, in a format and language understood by the employee or potential employee, basic information; or (ii) making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including— (I) wages and fringe benefits; (II) the location of work; (III) the living conditions; (IV) housing and associated costs (if employer- or agent-provided or arranged); (V) any significant costs to be charged to the employee or potential employee; and (VI) the hazardous nature of the work, if applicable; (E) using recruiters that do not comply with local labor laws of the country in which the recruiting takes place; (F) charging employees or potential employees recruitment fees; (G) providing or arranging housing that fails to meet the host country housing and safety standards; and (H) failing to provide an employment contract, recruitment agreement, or other required work document in writing in a language the employee understands (and is provided to the employee not later than 5 days before the employee relocates, if relocation is required to perform the work), that includes details about work description, wages, prohibition on charging recruitment fees, work locations, living accommodations and associated costs, time off, round-trip transportation arrangements, grievance processes, and the content of applicable laws and regulations that prohibit trafficking in persons; and (3) contracting officers should consider the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons, and the number of non-United States citizens expected to be employed, when deciding whether to require work documents in the contract. 133. Amendments to the Child Abuse Prevention and Treatment Act Section 111(b)(1) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g(b)(1) ) is amended by striking a victim of and all that follows and inserting a victim of child abuse and neglect and of sexual abuse if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex or labor trafficking in accordance with severe forms of trafficking in persons, as such terms are defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). . 134. Sense of Congress regarding timely submission of Department of Justice reports It is the sense of Congress that— (1) the Department of Justice has failed to meet its reporting requirements under title IV of the Trafficking Victims Protection Act of 2017 ( 34 U.S.C. 10101 et seq. ); and (2) progress on critical data collection about human trafficking and crime reporting are in jeopardy as a result of such failure and must be addressed immediately. 135. Sense of Congress on criteria for classifying victims of child sex trafficking It is the sense of Congress that— (1) all States (including the District of Columbia) and territories should eliminate the requirement for third-party control to properly qualify a child as a victim of sex trafficking, to— (A) aid in the identification and prevention of child sex trafficking; (B) protect children; and (C) appropriately prosecute perpetrators to the fullest extent of the law; and (2) a person is qualified as a victim of child sex trafficking if the person is a victim, as a child, of severe forms of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). 136. Missing and abducted foster children and youth It is the sense of Congress that— (1) each State child welfare agency should— (A) prioritize developing and implementing protocols to comply with section 471(a)(35) of the Social Security Act ( 42 U.S.C. 671(a)(35) ), as amended by section 137; and (B) report the information the agency receives about missing or abducted foster children and youth to the National Center on Missing and Exploited Children and to law enforcement authorities for inclusion in the Federal Bureau of Investigation’s National Crime Information Center database, in accordance with section 471(a)(34) of the Social Security Act ( 42 U.S.C. 671(a)(34) ); (2) the reports described in paragraph (1)(B)— (A) should be made immediately (and in no case later than 24 hours) after the information is received; and (B) were required to be provided to the Secretary of Health and Human Services beginning on September 30, 2016; and (3) according to section 471(a)(34) of such Act, each State child welfare agency was required to submit annual reports to the Secretary of Health and Human Services beginning on September 30, 2017, to notify the Secretary of the total number of children and youth who are victims of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). 137. Modification to State plan for foster care and adoption assistance (a) State plan amendment Section 471(a)(35)(B) of the Social Security Act ( 42 U.S.C. 671(a)(35)(B) ) is amended by striking the semicolon at the end and inserting the following: “(referred to in this subparagraph as NCMEC ), and that the State agency shall maintain regular communication with law enforcement agencies and NCMEC in efforts to provide a safe recovery of a missing or abducted child or youth, including by sharing information pertaining to the child’s or youth's recovery and circumstances related to the recovery, and that the State report submitted to law enforcement agencies and NCMEC shall include where reasonably possible— (i) a photo of the missing or abducted child or youth; (ii) a description of the child's or youth's physical features, such as height, weight, sex, ethnicity, race, hair color, and eye color; and (iii) endangerment information, such as the child's or youth's pregnancy status, prescription medications, suicidal tendencies, vulnerability to being sex trafficked, and other health or risk factors; . (b) Effective date (1) In general Except as provided in paragraph (2), the amendment made by subsection (a) shall take effect on the date of enactment of this Act. (2) Delay if state legislation required In the case of a State plan under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. 138. Survivors' bill of rights (a) Definition of covered formula grant In this section, the term covered formula grant means a grant under part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10441 et seq. ) (commonly referred to as the STOP Violence Against Women Formula Grant Program ). (b) Grant increase The Attorney General shall increase the amount of the covered formula grant provided to a State in accordance with this section if the State has in effect a law that provides to sexual assault survivors the rights, at a minimum, under section 3772 of title 18, United States Code. (c) Application A State seeking an increase to a covered formula grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (b). (d) Period of increase The Attorney General may not provide an increase in the amount of the covered formula grant provided to a State under this section more than 4 times. (e) Authorization of application There are authorized to be appropriated $20,000,000 for each of fiscal years 2022 through 2027 to carry out this section. II Authorization of appropriations 201. Extension of authorizations under the Victims of Trafficking and Violence Protection Act of 2000 Section 113 of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7110 ) is amended— (1) in subsection (a)— (A) by striking 2018 through 2021, $13,822,000 and inserting 2022 through 2027, $16,000,000 ; and (B) by striking 7103(f) and inserting 7103(g) ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking To carry out the purposes of sections 106(b) and 107(b), and inserting To carry out the purposes of sections 106(b) and 107(b) of this Act and section 429A of the Social Security Act, ; and (ii) by striking $19,500,000 and all that follows, and inserting $23,000,000 for each of the fiscal years 2022 through 2027, of which $5,000,000 is authorized to be appropriated in each fiscal year for the National Human Trafficking Hotline and for cybersecurity and public education campaigns, in consultation with the Secretary of Homeland Security, for identifying and responding as needed to cases of human trafficking. ; and (B) in paragraph (2), by striking 2018 through 2021 and inserting 2022 through 2027 ; (3) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by striking 2018 through 2021, $65,000,000 and inserting 2022 through 2027, $99,000,000, of which $22,000,000 shall be made available each fiscal year to the United States Agency for International Development ; (B) in subparagraph (C), by striking and at the end; (C) in subparagraph (D), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (E) to fund programs to end modern slavery, in an amount not to exceed $37,500,000 for each of the fiscal years 2022 through 2027. ; (4) in subsection (d)— (A) in paragraph (1), by striking 2018 through 2021 and inserting 2022 through 2027, of which $35,000,000 shall be made available each fiscal year for the Office of Victims of Crime Housing Assistance Grants for Victims of Human Trafficking ; and (B) in paragraph (3), by striking $11,000,000 to the Attorney General for each of the fiscal years 2018 through 2021 and inserting $11,000,000 to the Attorney General for each of the fiscal years 2022 through 2027 ; (5) in subsection (f), by striking 2018 through 2021. and inserting 2022 through 2027 ; and (6) in subsection (i)— (A) by striking 2018 through 2021 and inserting 2022 through 2027 ; and (B) by inserting of which $2,000,000 shall be made available each fiscal year for the establishment of a labor trafficking investigation team within the Department of Homeland Security Center for Countering Human Trafficking, and the remaining funds shall be used after expended, . 202. Extension of authorizations under the International Megan’s Law Section 11 of the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders ( 34 U.S.C. 21509 ) is amended by striking 2018 through 2021 and inserting 2022 through 2027 . 203. Extension of authorizations for the Human Exploitation Rescue Operation Child-Rescue Corps Program Section 890A(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 473(g)(2) ) is amended by striking 2019 through 2022 and inserting 2022 through 2027 . 204. Improving enforcement of section 307 of the Tariff Act of 1930 There is authorized to be appropriated $20,000,000, for each of fiscal years 2022 to 2027, to the Commissioner of U.S. Customs and Border Protection to strengthen the enforcement of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). III Severability 301. Severability If any provision of this Act or amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s3949is/xml/BILLS-117s3949is.xml |
117-s-3950 | II 117th CONGRESS 2d Session S. 3950 IN THE SENATE OF THE UNITED STATES March 29, 2022 Mr. Durbin (for himself, Mr. Grassley , Ms. Stabenow , Mr. Scott of Florida , Mr. King , Mr. Blunt , Ms. Baldwin , Mr. Cassidy , Mrs. Feinstein , Mr. Blumenthal , Mr. Booker , Ms. Duckworth , Ms. Hassan , Mr. Van Hollen , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish the Baltic Security and Economic Enhancement Initiative for the purpose of increasing security and economic ties with the Baltic countries and to establish the Baltic Security Initiative for the purpose of deepening security cooperation with the Baltic countries, and for other purposes.
1. Short title This Act may be cited as the Baltic Defense and Deterrence Act . 2. Sense of Congress It is the sense of Congress that— (1) supporting and strengthening the security of Estonia, Latvia, and Lithuania (referred to in this Act as the Baltic countries ) is in the national security interests of the United States; (2) continuing to strengthen and update the United States-Baltics security cooperation roadmap is critical to achieving strategic security priorities as the Baltic countries face ongoing belligerence and threats from the Russian Federation, including amid the Russian Federation's illegal and unprovoked war in Ukraine that began on February 24, 2022; (3) the United States should encourage advancement of the Three Seas Initiative to strengthen transport, energy, and digital infrastructures among Eastern European countries, including the Baltic countries; and (4) improved economic ties between the United States and the Baltic countries, including to counter economic pressure by the People's Republic of China, offer an opportunity to strengthen the United States-Baltic strategic partnership. 3. Baltic Security and Economic Enhancement Initiative (a) Establishment The Secretary of State shall establish and implement an initiative, to be known as the Baltic Security and Economic Enhancement Initiative , for the purpose of increasing security and economic ties with the Baltic countries. (b) Objectives The objectives of the Baltic Security and Economic Enhancement Initiative shall be— (1) to ensure timely delivery of security assistance to the Baltic countries, prioritizing assistance to bolster defenses against hybrid warfare and improve interoperability with the military forces of the North Atlantic Treaty Organization; (2) to mitigate the impact on the Baltic countries of economic coercion by the Russian Federation and the People’s Republic of China; (3) to identify new opportunities for foreign direct investment and United States business ties; and (4) to bolster United States support for the economic and energy security needs of the Baltic countries, including by convening an annual trade forum with the Baltic countries and the United States International Development Finance Corporation. (c) Authorization of appropriations There is authorized to be appropriated for the Department of State, $60,000,000 for each of fiscal years 2023 through 2027 to carry out the initiative authorized under subsection (a). 4. Baltic Security Initiative (a) Establishment The Secretary of Defense shall establish and implement an initiative, to be known as the Baltic Security Initiative , for the purpose of deepening security cooperation with the Baltic countries. (b) Objectives The objectives of the Baltic Security Initiative shall be— (1) to achieve United States national security objectives, including deterring aggression by the Russian Federation and bolstering the long-term security of North Atlantic Treaty Organization allies; (2) to enhance regional planning and cooperation among the Baltic countries, particularly with respect to long-term regional capability projects, including— (A) long-range precision fire systems and capabilities; (B) integrated air and missile defense; (C) maritime domain awareness; (D) land forces development, including stockpiling large caliber ammunition; (E) command, control, communications, computers, intelligence, surveillance, and reconnaissance; (F) special operations forces development; and (G) coordination with and security enhancements for Poland, which is a neighboring North Atlantic Treaty Organization ally; and (3) to improve the Baltic countries' cyber defenses and resilience to hybrid threats. (c) Strategy (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the strategy of the Department of Defense to achieve the objectives described in subsection (b). (2) Considerations The strategy required by paragraph (1) shall include a consideration of— (A) security assistance programs for the Baltic countries managed by the Department of State; (B) the ongoing security threats to the North Atlantic Treaty Organization's eastern flank posed by Russian aggression, including as a result of the Russian Federation's 2022 invasion of Ukraine with support from Belarus; and (C) rising tensions with, and presence in the Baltic countries of, the People’s Republic of China, including economic bullying of the Baltic countries by the People’s Republic of China. (d) Authorization of appropriations There is authorized to be appropriated for the Department of Defense, $250,000,000 for each of fiscal years 2023 through 2027 to carry out the initiative authorized under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s3950is/xml/BILLS-117s3950is.xml |
117-s-3951 | II 117th CONGRESS 2d Session S. 3951 IN THE SENATE OF THE UNITED STATES March 29, 2022 Mr. Hawley (for himself, Mr. Lee , Mr. Tillis , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish appropriate penalties for possession of child pornography, and for other purposes.
1. Short title This Act may be cited as the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act or the PROTECT Act of 2022 . 2. Sentencing for child pornography offenses (a) In general Section 3553(b)(2) of title 18, United States Code, is amended by adding at the end the following: (B) Child pornography offenders (i) Definition In this subparagraph, the term child pornography offense means a violation of, or an attempt or conspiracy to violate, section 2251, 2251A, 2252(a), 2252A(a), or 2260. (ii) Facts proven during trial or admitted by the defendant Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall impose a sentence of the kind, and that is not less than the minimum period in the sentencing range, referred to in subsection (a)(4), as determined based on facts proved beyond a reasonable doubt during a jury or bench trial and facts admitted by the defendant that are relevant to determining the kind and range of sentence, unless the court makes a finding described in clause (i), (ii), or (iii) of subparagraph (A). (iii) Facts found by courts (I) In general Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall consider, and may impose, a sentence of the kind, and within the sentencing range, referred to in subsection (a)(4), as determined based on all facts found by the court that are relevant to determining the kind and range of sentence. (II) Minimum period Nothing in subclause (I) shall authorize a court to impose a sentence that is less than— (aa) the minimum sentence determined in accordance with clause (ii); or (bb) the minimum sentence otherwise required by statute. . (b) Penalties for possession Chapter 110 of title 18, United States Code, is amended— (1) in section 2252(b)— (A) by striking (1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) and inserting Whoever violates, or attempts or conspires to violate, subsection (a) ; and (B) by striking paragraph (2); and (2) in section 2252A(b)— (A) in paragraph (1), by inserting (5), after (4), ; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). | https://www.govinfo.gov/content/pkg/BILLS-117s3951is/xml/BILLS-117s3951is.xml |
117-s-3952 | II 117th CONGRESS 2d Session S. 3952 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Wyden (for himself, Mr. Rubio , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a new higher education data system to allow for more accurate, complete, and secure data on student retention, graduation, and earnings outcomes, at all levels of postsecondary enrollment, and for other purposes.
1. Short title This Act may be cited as the Student Right to Know Before You Go Act of 2022 . 2. Definitions In this Act: (1) Aided student The term aided student means a student enrolled in an institution of higher education who has received assistance under a Federal student financial aid program. (2) Commissioner The term Commissioner means the Commissioner for Education Statistics. (3) Department The term Department means the Department of Education. (4) Federal student financial aid program The term Federal student financial aid program means any of the following: (A) The Federal Pell Grant program under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ). (B) The Federal Family Education Loan program under part B of such title ( 20 U.S.C. 1071 et seq. ). (C) The Federal Direct Loan program under part D of such title ( 20 U.S.C. 1087a et seq. ). (D) The Federal Perkins Loan program under part E of such title ( 20 U.S.C. 1087aa et seq. ). (5) Higher education data system The term higher education data system means the data system established under section 3(a). (6) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (7) IPEDS The term IPEDS means the Integrated Postsecondary Education Data System administered by the Commissioner of Education Statistics. (8) Machine-readable format The term machine-readable format means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost. (9) Personally identifiable information The term personally identifiable information includes— (A) a student's name; (B) the name of a student's parent or other family members; (C) the address of a student or student's family; (D) a personal identifier, such as a student's social security number, student number, or biometric record; (E) other indirect identifiers, such as a student's date of birth, place of birth, and mother's maiden name; (F) other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or (G) information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. (10) Reporting entity The term reporting entity means an institution of higher education, Federal agency, or other entity that submits data components for the higher education data system. (11) Secretary The term Secretary means the Secretary of Education. (12) Secure multi-party computation The term secure multi-party computation means a computerized system that enables different participating entities in possession of private sets of data to link and aggregate their data sets for the exclusive purpose of performing a finite number of pre-approved computations without transferring or otherwise revealing any private data to each other or anyone else. (13) Student-focused IPEDS metrics The term student-focused IPEDS metrics means the aggregate metrics required under IPEDS, as in effect on the day before the date of enactment of this Act, that are student-related and calculated using student-related data components (such as student enrollment rates and graduation rates). 3. Higher education data system (a) Establishment of new data system By not later than October 1, 2022, the Secretary, acting through the Commissioner, shall establish and maintain a new higher education data system that meets the requirements of subsection (b). (b) Requirements of data system The higher education data system shall— (1) facilitate the compilation of statistical data necessary to create a robust and useful higher education data system while minimizing the privacy and security risks by using commercially available technology that, at a minimum, uses technical protection measures that reasonably ensure that— (A) a reporting entity’s raw data, including personally identifiable information, shall not be accessible through the system to the Department or any party other than the reporting entity; (B) no information about the data components used in the system is revealed by the system to the Department or any other party, except as incorporated into the outcome metrics described in section 5; and (C) no data or information that can identify an individual is revealed by the system to the Department or any other party; (2) (A) permit only the Office of the Commissioner, directly and not by grant or contract, to perform statistical queries necessary to determine the outcome metrics described in section 5 using the data components submitted by the reporting entities; and (B) prohibit, using commercially available technology, any other queries by the Department or any other party through the system; (3) be resistant, to the extent possible using commercially available technology, to attempts by any party to individually identify individuals in the data components submitted by reporting entities; and (4) minimize, to the extent possible using commercially available technology, the privacy risks to individuals whose data has been submitted by a reporting entity that could result from data breaches of any system operated by the reporting entity. (c) Considerations In designing, establishing, and maintaining the higher education data system, the Secretary, acting through the Commissioner, shall use the best available cybersecurity and privacy-enhancing technologies to protect the data collected under such system and the privacy of the underlying individuals. In designing the data system, the Commissioner— (1) shall use secure multiparty computation technologies; or (2) may utilize technology other than secure multiparty computation technologies if the other technology— (A) fully complies with subparagraphs (A) through (C) of subsection (b)(1); and (B) delivers greater student privacy and security than secure multiparty computation. (d) Rules and guidance (1) In general By not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall issue rules regarding how reporting entities, and other entities performing the reporting duties in accordance with section 4(a)(2)(B), shall comply with the requirements established under this Act and the amendments made to the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) by this Act. Such rules shall— (A) establish common definitions for reporting entities to follow in submitting the data components required under section 4; and (B) establish the collection and submission requirements for the higher education data system. (2) Protection of data The Secretary shall promulgate and periodically review rules or guidance relating to security under this Act, which shall govern the access, use, and disclosure of data collected in connection with the activities authorized in this Act. The rules or guidance described in this paragraph shall— (A) be consistent with the need to protect data from unauthorized access, use, and disclosure; and (B) include— (i) an audit capability and requirements for routine audits; (ii) access controls; and (iii) requirements to ensure sufficient data security, quality, validity, and reliability. (3) Review Every 5 years, the Secretary shall review, and update as appropriate, the rules and guidance issued under paragraphs (1) and (2). (e) Notice The Secretary shall provide a clear, prominent, comprehensible, and non-misleading notice of the requirements of this section that shall— (1) describe how the requirements of this section are to be implemented, and how personal information is to be collected, used, analyzed, or retained pursuant to this Act; and (2) be posted on the website of the Department and made available to all reporting entities. (f) Rule of construction Nothing in this section shall be construed to place requirements or restrictions on activity not specifically related to establishing and maintaining the higher education data system. 4. Reporting of data components (a) Data components reported by institutions of higher education (1) In general By not later than October 1, 2022, each institution of higher education participating in any Federal student financial assistance program shall report to the higher education data system— (A) not more than the minimum student-level data necessary to enable the Commissioner to calculate the metrics described in section 5 for each year; and (B) not more than the minimum student-level data necessary for the Commissioner to calculate the student-focused IPEDS metrics for each year. (2) Use of technology In reporting the data described in paragraph (1) to the higher education data system, the institution may— (A) directly report the data using the technology described in section 3(b)(1) and authorized in a rule or guidance issued under section 3(d); or (B) submit such data to a third-party servicer that has demonstrated the capacity to utilize such technology and agreed to conduct the reporting for the institution. (b) Data components reported from the Social Security Administration and the Secretary of the Treasury Beginning October 1, 2022, the Commissioner of Social Security and the Secretary of the Treasury shall report to the higher education data system the earnings data components for individuals employed in the United States, including the self-employed, independent contractors, and members of the military, that— (1) are available to the Commissioner of Social Security or the Secretary, respectively; and (2) are necessary, as determined by the Commissioner for Education Statistics, for the calculation of the outcome metrics described in section 5 for each year. (c) Military-Related data components reported from the Secretary of Defense and the Secretary of Veterans Affairs Beginning October 1, 2022, the Secretary of Defense and the Secretary of Veterans Affairs shall report to the higher education data system the data components relating to the recipients of educational assistance benefits provided directly to servicemembers and veterans under the laws administered by the Secretary of Veterans Affairs and Secretary of Defense, that— (1) are available to each such Secretary; and (2) are necessary, as determined by the Commissioner, for the calculation of the outcome metrics described in section 5 for each year. (d) Financial assistance eligibility data from the Secretary of Education Beginning October 1, 2022, the Secretary shall provide to the higher education data system the data components relating to individual eligibility for, and receipt of aid from, all Federal student financial aid programs that are necessary for the calculation of the outcome metrics described in section 5 for each year. 5. Establishment of new metrics (a) Metrics (1) In general Beginning not later than 4 years after the date of enactment of this Act and annually thereafter, the Secretary, acting through the Commissioner, shall use the higher education data system to calculate only the metrics described in subsections (b) and (c) for each institution participating in the system and, wherever applicable and feasible, for each program of study at the institution. (2) Period of data The Secretary shall calculate the metrics described in subsections (b) and (c) for the previous year. (b) Education and debt-Related metrics (1) In general The education and debt-related metrics to be calculated under the higher education data system are the following: (A) All student-focused IPEDS metrics. (B) The percentage of students who receive each of the following: (i) Federal grants. (ii) Federal loans. (iii) State grants. (iv) State loans. (v) Private loans. (vi) Private scholarships. (vii) Institutional grants. (viii) Institutional loans. (C) Student completion rates, calculated based on the percentage of students who complete the program within 100 percent, 150 percent, and 200 percent of normal program completion time. (D) The mean and median amount of Federal loan debt, including accrued interest, incurred by aided students while enrolled in the institution for the most recent award year for which data are available. (E) The mean and median amount of total Federal loan debt, including accrued interest, incurred by aided students of the institution, as of the date of the student's graduation or completion of the student's program of study. (F) The mean and median amount of total Federal loan debt, including accrued interest, of aided students who do not complete a program, measured as of the day before the student's repayment period for any such loans begin. (G) The loan repayment rates of students who enrolled in the institution, as of 2, 6, and 15 years after the date of program completion or exit. (H) Student transfer rates, which shall be defined as the percentage of students who leave an institution and successfully enroll in a program of study at another institution, by sector of transfer, including whether the receiving program of study is offered by a public 4-year institution, public 2-year institution, public less-than-2-year institution, private nonprofit 4-year institution, private nonprofit 2-year institution, private nonprofit less-than-2-year institution, private for-profit 4-year institution, private for-profit 2-year institution, or private for-profit less-than-2-year institution. (I) Transfer student completion rates, which shall be defined as the percentage of students who leave an institution, successfully enroll in a program of study at another institution, and complete such program of study, by sector of transfer (as described in subparagraph (H)). (J) Rates of continuation to subsequent levels of education, including lateral, higher, and lower levels of degree or credential progression, disaggregated by credential sought (including master's degree, law degree, medical degree, veterinary degree, and postbaccalaureate certificate). (K) The percentage of students who receive the degree level they initially sought and the percentage of students who receive a higher degree level. (L) The percentage of students who drop out of the institution without receiving a degree or credential. (2) Disaggregation (A) In general The education and debt-related metrics described in paragraph (1) shall be disaggregated and separately provided, except as allowed under subparagraph (B), on the basis of the following uncombined categories of data: (i) Students who received a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ). (ii) Students who received a loan under part B or D of such title (20 U.S.C. 1071 et seq; 1087a et seq.) but not a Federal Pell Grant. (iii) Students who received neither a Federal Pell Grant, nor a loan under such part B or D. (iv) Students who are recipients of educational assistance benefits provided directly to veterans under the law. The Secretary of Veterans Affairs shall coordinate with the Secretary to make available data sufficient to enable such reporting under this subparagraph. (v) Students who are servicemembers or veterans. (vi) Enrollment status, including the following: (I) First-time, full-time students. (II) First-time, part-time students. (III) Non-first-time, full-time students. (IV) Non-first-time, part-time students. (vii) Race or ethnicity. (viii) Age or age intervals. (ix) Gender. (x) First-generation postsecondary education student status. (xi) The type of credential (including a baccalaureate degree, associate's degree, and a certificate) sought by the student through the program of study. (xii) Whether the student is college-ready or non-college-ready in mathematics and science, as determined by the institution of higher education. (xiii) Completion status. (B) Exception The education and debt-related metrics described in a category under any of clauses (i) through (iv), (xi), or (xiii) of subparagraph (A) may be derived for purposes of the requirements of such subparagraph by combining data for such category with another single category of data described in any of clauses (i) through (xiii) of such subparagraph. (c) Earning metrics The earning metrics shall be calculated in the following manner: (1) The earnings metrics shall consist of the debt-to-earnings ratio, and the annual earnings from employment, of students who enrolled in the institution of higher education— (A) calculated at the mean, median, and 10th, 25th, 75th, and 90th percentiles of such students; and (B) further disaggregated by— (i) program of study and credential received; (ii) the State in which the student is employed; and (iii) completion status. (2) The debt-to-earnings ratios and the annual earnings from employment calculated and disaggregated under paragraph (1) shall be calculated and reported for students for each of the following time periods: (A) 2 years after the student's educational program completion or exit. (B) 6 years after the student's educational program completion or exit. (C) 15 years after the student's educational program completion or exit. 6. Transition (a) Ensuring comparability of data metrics For a period of 5 years beginning on the date on which the new outcome metrics under this Act are first reported to the public under section 7(a), the Secretary shall be responsible for publishing all student-focused IPEDS metrics as required under IPEDS as of the day before the date of enactment of this Act. (b) Transition Beginning 5 years after the date on which the new outcome metrics under this Act are first reported to the public under section 7(a), the higher education data system shall replace any separate reporting or data collection requirements under IPEDS involving the student-focused IPEDS metrics. 7. Disclosure and use of data (a) In general The Secretary shall— (1) make the outcome metrics described in section 5 for each year available on the website of the Department and through any other appropriate method, in a timely and user-friendly manner; and (2) publish such outcome metrics in a machine-readable format— (A) on the website of the Department and through any other appropriate method; and (B) in a timely manner. (b) Sale of data components prohibited The Secretary shall not sell any data components collected for the higher education data system to any third party. 8. Rule of construction Nothing in this Act shall be construed to affect any other activity related to data collection undertaken by the Department of Education or any other Federal agency that is authorized under any other Federal law, except as provided under section 6 with respect to the collection of the IPEDS student-focused metrics. 9. Amendments to the Higher Education Act of 1965 (a) Removing duplicative requirements The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended— (1) in section 132(i)(4), by inserting at the end the following: , subject to the requirements of the Student Right to Know Before You Go Act of 2022 and until the Secretary determines that the transition to the higher education data system established under such Act has occurred. ; and (2) in section 485, by adding at the end the following: (n) Alignment with institutional reporting requirements (1) In general Not later than 1 year after the date of enactment of the Student Right to Know Before You Go Act of 2022 , the Secretary shall issue guidance outlining which data metrics required to be submitted by institutions of higher education under such Act are duplicative of institutional reporting requirements under this section or other requirements under such Act. (2) Link to institutional reporting website (A) In general Not later than 5 years after the date of enactment of the Student Right to Know Before You Go Act of 2022 , an institution of higher education participating in any program under this title shall— (i) notwithstanding any other provision of law, not be required to meet any duplicative requirements identified under paragraph (1); and (ii) provide a prominently displayed link on the institution's website to the website of the Department that provides the outcome metrics of the higher education data system established under the Student Right to Know Before You Go Act of 2022 . (B) Requirements of link The link described in subparagraph (A)(ii) shall— (i) at a minimum, be included on any webpage for the institution with cost, financial aid, admissions, or other consumer information; and (ii) be clear, conspicuous, and readily accessible, as determined by the Secretary. . 10. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2022 through 2030. | https://www.govinfo.gov/content/pkg/BILLS-117s3952is/xml/BILLS-117s3952is.xml |
117-s-3953 | II 117th CONGRESS 2d Session S. 3953 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Merkley (for himself, Ms. Hassan , Ms. Cortez Masto , Mr. Schatz , Mr. Wyden , Mr. Van Hollen , Ms. Baldwin , Mr. Blumenthal , Mr. Cardin , 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 Higher Education Act of 1965 in order to increase usage of the Federal student loan income-based repayment plan and improve repayment options for borrowers, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Affordable Loans for Any Student Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References in Act. TITLE I—Simplifying repayment plans Sec. 101. Income-based repayment plan. Sec. 102. Fixed repayment plan. Sec. 103. Termination of certain repayment plan options. Sec. 104. Providing incentives to switch into simplified repayment plans. Sec. 105. Study and procedures on determining family size. TITLE II—Ending interest capitalization and origination fees Sec. 201. Ending interest capitalization for Federal Direct Loans. Sec. 202. Elimination of origination fees for Federal Direct Loans. TITLE III—Providing assistance in situations of borrower distress Sec. 301. Limits on seizing income for debt. Sec. 302. Allowing for multiple loan rehabilitations. Sec. 303. Pause payment process. Sec. 304. Automatic enrollment into income-based repayment for borrowers who are delinquent on loans and for borrowers who rehabilitate defaulted loans. Sec. 305. Separating joint consolidation loans. Sec. 306. Removing the collection cost requirement. TITLE IV—Improving loan information and counseling Sec. 401. Student loan contract; simplifying loan disclosures. Sec. 402. Pre-loan information and counseling requirements. Sec. 403. Exit counseling. Sec. 404. Online counseling tools. Sec. 405. Private education loan certification and information. TITLE V—Effective date; transition; implementation Sec. 501. Effective date; rulemaking regarding termination of certain repayment termination of certain repayment plans; implementation. 2. References in Act Except as otherwise expressly provided in this Act, wherever an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ). I Simplifying repayment plans 101. Income-based repayment plan Section 493C ( 20 U.S.C. 1098e ) is amended to read as follows: 493C. Income-based repayment (a) Definitions In this section: (1) Excepted plus loan The term excepted PLUS loan means a loan under section 428B, or a Federal Direct PLUS Loan, that is made, insured, or guaranteed on behalf of a dependent student. (2) Excepted consolidation loan The term excepted consolidation loan means a consolidation loan under section 428C, or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to the discharge the liability on an excepted PLUS loan. (3) Partial financial hardship The term partial financial hardship , when used with respect to a borrower, means that for such borrower— (A) the annual amount due on the total amount of loans made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan) to a borrower as calculated under the standard repayment plan under section 428(b)(9)(A)(i) or 455(d)(1)(A), based on a 10-year repayment period; exceeds (B) 15 percent of the result obtained by calculating, on at least an annual basis, the amount by which— (i) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds (ii) 150 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ). (b) Income-Based repayment program for borrowers who enter income-Based repayment before July 1, 2022 Notwithstanding any other provision of this Act, the Secretary shall carry out a program under which— (1) a borrower of any loan made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan) who has a partial financial hardship (whether or not the borrower's loan has been submitted to a guaranty agency for default aversion or had been in default) may elect, during any period the borrower has the partial financial hardship, to have the borrower's aggregate monthly payment for all such loans not exceed the result described in subsection (a)(3)(B) divided by 12; (2) the holder of such a loan shall apply the borrower's monthly payment under this subsection first toward interest due on the loan, next toward any fees due on the loan, and then toward the principal of the loan; (3) any interest due and not paid under paragraph (2)— (A) shall, on subsidized loans, be paid by the Secretary for a period of not more than 3 years after the date of the borrower's election under paragraph (1); and (B) beginning on the effective date of the Affordable Loans for Any Student Act, for an eligible loan made, insured, or guaranteed under this title, shall not be capitalized and shall be added to the balance of interest due for the loan; (4) any principal due and not paid under paragraph (2) shall be deferred; (5) the amount of time the borrower makes monthly payments under paragraph (1) may exceed 10 years; (6) if the borrower no longer has a partial financial hardship or no longer wishes to continue the election under this subsection, then— (A) the maximum monthly payment required to be paid for all loans made to the borrower under part B or D (other than an excepted PLUS loan or excepted consolidation loan) shall not exceed the monthly amount calculated under section 428(b)(9)(A)(i) or 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection; and (B) the amount of time the borrower is permitted to repay such loans may exceed 10 years; (7) the Secretary shall repay or cancel any outstanding balance of principal and interest due on all loans made under part B or D (other than a loan under section 428B or a Federal Direct PLUS Loan) to a borrower who— (A) at any time, elected to participate in income-based repayment under paragraph (1); and (B) for a period of time prescribed by the Secretary, not to exceed 25 years, meets 1 or more of the following requirements— (i) has made reduced monthly payments under paragraph (1) or paragraph (6); (ii) has made monthly payments of not less than the monthly amount calculated under section 428(b)(9)(A)(i) or 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection; (iii) has made payments of not less than the payments required under a standard repayment plan under section 428(b)(9)(A)(i) or 455(d)(1)(A) with a repayment period of 10 years; (iv) has made payments under an income-contingent repayment plan under section 455(d)(1)(D); or (v) has been in deferment due to an economic hardship described in section 435(o); (8) a borrower who is repaying a loan made under part B or D pursuant to income-based repayment may elect, at any time, to terminate repayment pursuant to income-based repayment and repay such loan under the fixed repayment plan under section 493E; and (9) the special allowance payment to a lender calculated under section 438(b)(2)(I), when calculated for a loan in repayment under this section, shall be calculated on the principal balance of the loan and on any accrued interest unpaid by the borrower in accordance with this section. (c) Income-Based repayment program for borrowers who enter income-Based repayment on or after July 1, 2022 (1) In general Notwithstanding any other provision of this section, the provisions of this subsection shall apply— (A) with respect to any loan made, insured, or guaranteed under this title for which the borrower enters repayment on or after July 1, 2022, and for which the borrower elects the income-based repayment plan under this section; and (B) with respect to any loan made, insured, or guaranteed under this title for which the borrower enrolled in an income-based repayment plan before July 1, 2022, if such borrower elects to enter the income-based repayment plan under this subsection, in accordance with paragraph (3). (2) Special terms With respect to a loan described in paragraph (1), the following terms shall apply to the income-based repayment plan carried out under this section: (A) (i) Notwithstanding subsection (a)(3)(B), (b), or (e)— (I) the annual repayment amount under this subsection— (aa) with respect to a borrower whose (and whose spouse's, if applicable) adjusted gross income equals or exceeds 1,300 percent of the poverty line that is applicable to the borrower’s family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ) shall be an amount equal to 10 percent of such adjusted gross income; (bb) with respect to a borrower whose (and whose spouse's, if applicable) adjusted gross income equals or exceeds 800 percent of the poverty line but is less than 1,300 percent of the poverty line that is applicable to the borrower’s family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ) shall be equal to the amount determined under clause (ii)(I); (cc) with respect to a borrower whose (and whose spouse's, if applicable) adjusted gross income exceeds 250 percent of the poverty line but is less than 800 percent of the poverty line that is applicable to the borrower’s family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ) shall be equal to the amount determined under clause (ii)(II); and (dd) with respect to a borrower whose (and whose spouse's, if applicable) adjusted gross income equals or is less than 250 percent of the poverty line that is applicable to the borrower’s family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ) shall be an amount equal to 0 percent of such adjusted gross income; and (II) a borrower’s monthly payment shall be determined in accordance with subclause (I) divided by 12, which amount may exceed the monthly repayment amount under a standard 10-year repayment plan or a fixed repayment plan described in section 493E. (ii) (I) (aa) For purposes of clause (i)(I)(bb), the annual repayment amount for borrowers described in such clause shall be an amount equal to 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which— (AA) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds (BB) the percent determined under item (bb) of the poverty line that is applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ). (bb) The percent shall be determined under this item as follows: (AA) If the borrower's, and the borrower's spouse's (if applicable), adjusted gross income equals 800 percent of the poverty line that is applicable to the borrower’s family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), the percent shall be equal to 250 percent. (BB) If the borrower's, and the borrower's spouse's (if applicable), adjusted gross income exceeds 800 percent of the poverty line but is less than 1,300 percent of the poverty line that is applicable to the borrower’s family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), the percent shall be equal to 250 percent reduced by 0.5 percentage points for every 1 percentage point increase in the borrower's, and the borrower's spouse's (if applicable), adjusted gross income that is more than 800 percent. (II) For purposes of clause (i)(I)(cc), the annual repayment amount for borrowers described in such clause shall be an amount equal to 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which— (aa) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds (bb) 250 percent of the poverty line that is applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ). (B) Notwithstanding subsection (e)(2), subsection (b)(7)(B) shall be applied by substituting 20 years for 25 years . (C) Notwithstanding subparagraph (A) of subsection (b)(6), a borrower of such a loan shall not be required to have a partial financial hardship and may elect, and remain enrolled in, the income-based repayment plan under this section regardless of income level, with the repayment amount calculated under subparagraph (A). (D) Notwithstanding subsection (b), a borrower of an excepted PLUS loan or excepted consolidation loan may elect the income-based repayment plan under this subsection for the excepted PLUS loan or excepted consolidation loan, and the Secretary shall treat such loan, only for the purposes of the repayment terms, as a Federal Direct PLUS Loan issued to a student borrower. The Secretary may issue rules and regulations, as the Secretary determines necessary, regarding the treatment of excepted PLUS loans or excepted consolidation loans that are to be repaid under an income-based repayment plan under this subsection. (3) Rule for borrowers in income-based repayment before July 1, 2022 A borrower of a loan made, insured, or guaranteed under this title who enrolled in an income-based repayment plan before July 1, 2022, may choose to retain such repayment plan or elect to enter an income-based repayment plan under this subsection or a fixed repayment plan described in section 493E, as provided in section 428(b)(1)(D)(ii) or section 455(d)(7) (as applicable). (4) Interest accrual Notwithstanding any other provision of this Act, if a borrower’s monthly payment for a loan under an income-based repayment plan under this subsection is insufficient to pay the accrued interest on the borrower’s loan for such month, any interest due and not paid on the loan for that month shall be paid or forgiven by the Secretary. (5) Written, electronic, or verbal enrollment in income-based repayment (A) In general A borrower of a loan made under this part may elect to repay such loan under the income-based repayment plan under this subsection by providing written, electronic, or verbal notice to the Secretary of the borrower’s desire to make such election, subject to subparagraph (C). (B) Use of information (i) In general The estimated monthly payment amount under this section for a loan for a borrower who makes an election described in subparagraph (A) shall be immediately calculated using the income and family size information provided through the borrower’s written, electronic, or verbal statement. (ii) Verification The information described in clause (i) shall be verified by the Secretary not later than 90 days after the date the borrower states such income and family size information. If the Secretary is unable to verify the information by the end of the 90-day period, the borrower’s payment after such 90-day period will be the amount applicable under the fixed repayment plan under section 493E. (iii) Adjustment if necessary Upon verification by the Secretary under clause (ii), the Secretary shall adjust the estimated monthly payment described in clause (i) based on the verified income and family size information of the borrower, if necessary. Any adjusted monthly payment shall take effect beginning with the payment due not less than 60 days after the Secretary notifies the borrower of the adjusted amount. The Secretary shall consider any payments made prior to the adjusted monthly payment as having satisfied the amount due to qualify toward loan cancellation or forgiveness options under this title. (C) Limitation The Secretary shall permit a borrower to make an election of income-based repayment in the written, electronic, or verbal manner described in subparagraph (A) only in connection with the first instance of each of the following: (i) The borrower’s selection of a repayment plan during the grace period for such loan. (ii) The borrower changing from the fixed repayment plan under section 493E to income-based repayment. (iii) The borrower’s failure to complete the verification process described in subparagraph (B)(ii). (iv) The borrower’s failure to recertify enrollment in income-based repayment under this subsection. (d) Calculation of adjusted gross income for married borrowers The Secretary shall calculate the adjusted gross income of a married borrower under this section— (1) in the case of a married borrower and spouse who jointly file a Federal income tax return, based on the adjusted gross income of the borrower and spouse as reported on the Federal income tax return; and (2) in the case of a married borrower who files a Federal income tax return separately from the borrower’s spouse, based on the sum of the adjusted gross income of the borrower and the spouse, as reported on the applicable Federal income tax returns, unless the borrower certifies, on a form approved by the Secretary, that the borrower is— (A) separated from the borrower’s spouse; or (B) unable to reasonably access the income information of the borrower’s spouse. (e) Special terms for new borrowers on and after july 1, 2014 With respect to any loan made to a new borrower on or after July 1, 2014— (1) subsection (a)(3)(B) shall be applied by substituting 10 percent for 15 percent ; and (2) subsection (b)(7)(B) shall be applied by substituting 20 years for 25 years . (f) Eligibility determinations and automatic recertification (1) In general Beginning as soon as the Secretary determines practicable after the Secretary finalizes the procedures under section 105 of the Affordable Loans for Any Student Act, the Secretary shall establish and implement, with respect to any borrower described in paragraph (2), procedures to— (A) obtain (for each year of repayment and without further action by the borrower) such information as is reasonably necessary regarding the income of such borrower (and the borrower’s spouse, if applicable), for the purpose of determining the repayment obligation of the borrower for such year, including information with respect to the borrower’s family size in accordance with the procedures under such section 105, subject to subparagraph (B); (B) allow the borrower, at any time, to opt out of subparagraph (A) and prevent the Secretary from obtaining information under such subparagraph without further action by the borrower; (C) provide the borrower with an opportunity to update the information obtained under subparagraph (A) before the determination of the annual repayment obligation of the borrower; and (D) in the case of a borrower for whom adjusted gross income can be obtained under this subsection and meets the qualifications of a payment amount of $0, ensure that the borrower will not be required to provide the Secretary with other documentation of income and provide the borrower with a calculated monthly payment of $0. (2) Applicability (A) In general Paragraph (1) shall apply to each borrower of a loan made under this part who, on or after the date on which the Secretary establishes procedures under such paragraph— (i) selects, or for whom the Secretary selected under subparagraph (C) or (D) of paragraph (8), or paragraph (9), of subsection (d), or section 428(m)(1), an income-based repayment plan; or (ii) recertifies income and family size under such plan. (B) Eligibility exception A borrower for whom adjusted gross income is unavailable because the borrower has been granted an extension on filing the borrower’s income taxes or is undergoing an audit or examination by the Internal Revenue Service shall not automatically be eligible for the calculated monthly payment of $0 in accordance with paragraph (1)(D) during such period. When the extension, audit, or examination is completed, the Secretary shall resume consideration of the borrower for automatic recertification under the procedures described in paragraph (1), including subparagraph (D) of such paragraph (if applicable). (3) Availability of returns and return information Returns and return information (as defined in section 6103 of the Internal Revenue Code of 1986) may be obtained under paragraph (1)(A) only to the extent authorized by section 6103(l)(13) of such Code. . 102. Fixed repayment plan Part G of title IV ( 20 U.S.C. 1088 et seq. ) is amended by adding at the end the following: 493E. Fixed repayment plan (a) In general A borrower of a loan made under part D on or after July 1, 2022, and a borrower who is in repayment on a loan made, insured, or guaranteed under part B or D before July 1, 2022, may elect to repay such loan under the fixed repayment plan described in this section. (b) Fixed repayment plan Under the fixed repayment plan, a borrower shall repay each loan described in subsection (a) with a fixed monthly repayment amount paid over a period of 10 years, subject to subsection (c). (c) Special rules (1) Minimum If a borrower’s monthly payment under this section (except for the final payment on the loan) is less than $25, the Secretary shall establish the borrower’s monthly payment as $25. (2) Alternative minimum payments Notwithstanding paragraph (1), the Secretary may accept an alternative minimum payment amount, which may include an amount of less than $25, to account for a borrower’s exceptional circumstances. . 103. Termination of certain repayment plan options (a) FFEL program repayment plan options Section 428(b) ( 20 U.S.C. 1078(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (D)— (i) in clause (ii), by striking may annually change the selection of a repayment plan under this part, and inserting may at any time on or after July 1, 2022, change the selection of a repayment plan under this part or part G to one of the 2 repayment plans described in paragraph (9)(C), ; and (ii) in clause (iii), by inserting or, in the case of a default that occurs on or after July 1, 2022, be subject to income-based repayment in accordance with section 493C(c) before the semicolon at the end; (B) in subparagraph (E)(i), by striking the option of repaying the loan in accordance with a standard, graduated, income-sensitive, or extended repayment schedule (as described in paragraph (9)) established by the lender in accordance with regulations of the Secretary; and and inserting the option of repaying the loan in accordance with an applicable repayment plan described in paragraph (9)(C) ; and (C) by striking subparagraph (L); and (2) in paragraph (9)— (A) in subparagraph (A)— (i) in the subparagraph heading, by inserting before July 1, 2022 after Selection ; and (ii) in the matter preceding clause (i)— (I) by inserting or subparagraph (C), as applicable, after this subparagraph ; and (II) by striking The borrower and inserting Before July 1, 2022, the borrower ; (B) in subparagraph (B), by inserting before the period at the end or, for a borrower entering repayment on or after July 1, 2022, the lender shall provide the borrower with the fixed repayment plan described in section 493E ; and (C) by adding at the end the following: (C) Selection of repayment plans on and after July 1, 2022 Notwithstanding any other provision of law, and in accordance with regulations promulgated, beginning on July 1, 2022, a lender shall offer a borrower of a loan made, insured, or guaranteed under this part the opportunity to change repayment plans at any time on or after July 1, 2022, and then not more than once per calendar year thereafter. The borrower may choose between the following repayment plans: (i) A fixed repayment plan described in section 493E. (ii) The income-based repayment plan under section 493C(c). . (b) Federal direct loan program repayment plan options Section 455(d) ( 20 U.S.C. 1087e(d) ) is amended— (1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (2) in paragraph (1)— (A) in the paragraph heading, by inserting before July 1, 2022 after Selection ; and (B) in the matter preceding subparagraph (A), by inserting that enters repayment before July 1, 2022, before a variety ; (3) by inserting after paragraph (1) the following: (2) Design and selection beginning July 1, 2022 (A) In general Notwithstanding paragraph (1), for any borrower of a loan made under this part that enters repayment on or after July 1, 2022, and for any borrower subject to paragraph (7), the Secretary shall offer the borrower a choice between the following 2 plans for repayment of such loan, including principal and interest on the loan. The borrower may choose— (i) a fixed repayment plan described in section 493E; or (ii) an income-based repayment plan under section 493C(c). (B) Acceleration A borrower in repayment shall be entitled to accelerate, without penalty, repayment on the borrower’s loans under this part. (C) Selection by the secretary If a borrower of a loan made under this part that enters repayment on or after July 1, 2022, does not select a repayment plan described in subparagraph (A) before the first payment on such loan is due, the Secretary shall provide the borrower with a fixed repayment plan described in section 493E. (D) Changes in selections A borrower of a loan made under this part that enters repayment or on after July 1, 2022, may change the borrower’s selection of a repayment plan in accordance with subparagraphs (B) and (C) of paragraph (7). (E) Borrower in default Beginning on July 1, 2022, in lieu of the requirements of paragraph (6), the Secretary may require any borrower who has defaulted on a loan made under this part on or after July 1, 2022, to repay the loan pursuant to an income-based repayment plan under section 493C(c). ; and (4) by adding at the end the following: (7) Borrowers of loans made before July 1, 2022 A borrower who is in repayment on a loan made under this part before July 1, 2022— (A) may choose to retain the repayment plan that the borrower was enrolled in on the day before such date; (B) may elect to— (i) enter an income-based repayment plan under section 493C(c); (ii) enter a fixed repayment plan described in section 493E; or (iii) switch between the repayment plans described in clauses (i) and (ii); (C) after switching to a repayment plan described in clause (i) or (ii) of subparagraph (B), shall not be permitted to select a repayment plan not described in subparagraph (B) for the loan; and (D) shall retain, for purposes of repayment or cancellation of any outstanding balance of principal and interest due on a loan (as described in section 493C(b)(7)), any payments on such loan under another income-based or income contingent repayment plan under this title that would otherwise be qualifying. . (c) Conforming amendment Section 433(b)(7)(B) ( 20 U.S.C. 1083(b)(7)(B) ) is amended by striking on a standard repayment plan and inserting , in the case of a borrower who has not selected a repayment plan, on the repayment plan designated under subparagraph (B) of section 428(b)(9) . 104. Providing incentives to switch into simplified repayment plans (a) Enabling consolidation in order To simplify repayment Section 455(g) ( 20 U.S.C. 1087e(g) ) is amended— (1) by striking A borrower of and inserting the following: (1) In general A borrower of ; (2) by striking the second sentence; and (3) by adding at the end the following: (2) Eligibility To be eligible for a Federal Direct Consolidation Loan under this part, a borrower shall meet the eligibility criteria set forth in section 428C(a)(3), except that, notwithstanding section 428C(a)(3)(B), a borrower may obtain a Federal Direct Consolidation Loan if the borrower— (A) obtains the Federal Direct Consolidation Loan for the purpose of— (i) selecting the income-based repayment plan under section 493C(c) or fixed- income repayment plan under section 495E; or (ii) participating in the pause payment process under section 460B; and (B) meets the requirements of section 428C(a)(3)(A). . (b) Incentives for simplified repayment plans Part G of title IV ( 20 U.S.C. 1088 et seq. ), as amended by section 102, is further amended by adding at the end the following: 493F. Incentives for simplified repayment plans (a) In general To facilitate the transition of borrowers to simplified repayment plan options, the Secretary shall reduce the interest rate applicable under section 455(b) or 427A to a loan under part B or D held by a borrower as of July 1, 2022, by 100 basis points (or the equivalent), if the borrower of the loan, after the effective date of the Affordable Loans for Any Student Act— (1) changes from a repayment plan described in subparagraphs (A) through (E) of section 455(d)(1) for such loan to an income-based repayment plan under section 493C(c) or a fixed repayment plan under section 493E; or (2) consolidates 1 or more loans under this title, or described in section 428C(a)(4), that were under a repayment plan described in subparagraphs (A) through (E) of section 455(d)(1), or clauses (i) through (v) of section 428(b)(9), into a Federal Direct Consolidation Loan and selects an income-based repayment plan under section 493C(c) or a fixed repayment plan under section 493E for the loan. (b) Limitation The interest rate for a loan eligible for the incentive under subsection (a) may be reduced only once under this section. (c) Rules and waivers The Secretary shall promulgate rules carrying out the incentive program established under this section. In promulgating such rules, the Secretary may waive the application of— (1) subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ); (2) the master calendar requirements under section 482; (3) negotiated rulemaking under section 492; and (4) the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5, United States Code (commonly known as the Privacy Act of 1974 ), except that the notices shall be published not later than 180 days after the date of implementation of this Act. . 105. Study and procedures on determining family size (a) In general The Secretary of Education, acting jointly with the Secretary of the Treasury, shall— (1) not later than 1 year after the date of enactment of this Act, publish, in the Federal Register, notice of the Secretary’s intent to conduct a study on the effect of using data from the Internal Revenue Service such as personal exemptions, filing status, or child tax credits, as proxies for family size in an income-driven repayment plan, and invite public comment regarding the study; (2) after reviewing any public comments provided under paragraph (1), conduct the study and publish the results of the study in the Federal Register; (3) use the results of the study conducted under paragraph (1) to develop procedures for determining family size for the automatic recertification of income for an income-driven repayment plan in a manner that minimizes burdens and unintended harm to borrowers; (4) publish the procedures developed under paragraph (3) in the Federal Register; and (5) after a notice and comment period on such procedures, use such comments to finalize the procedures. (b) Specifications The study conducted under subsection (a) shall— (1) be completed, with the results published pursuant to subsection (a)(2), not later than 3 years after the date of enactment of this Act; (2) determine how closely personal exemptions, filing status, or child tax credits match the family size that borrowers report on their income-driven repayment plan request form; (3) compare the borrower’s actual monthly payment amount with the monthly payment amount borrowers would have using family size information derived from tax returns; (4) include data from tax year 2018 or later tax years; and (5) use data from more than one year, where possible, to analyze how much family size changes over time. (c) Definition The term income-driven repayment plan means any of the following authorized under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ): (1) The income-contingent repayment plan. (2) The income-based repayment plan. (3) The PAYE repayment plan. (4) The REPAYE repayment plan. II Ending interest capitalization and origination fees 201. Ending interest capitalization for Federal Direct Loans Section 455 ( 20 U.S.C. 1087e ) is amended— (1) in subsection (b)— (A) in the subsection heading, by inserting and Practices after Rate ; and (B) by adding at the end the following: (11) Interest practices (A) In general Beginning on the effective date of the Affordable Loans for Any Student Act, interest on a loan made under this part shall accrue and only be added to the balance of interest due on the loan, and shall not ever be capitalized. (B) No capitalization of interest during in-school or grace periods (i) In general Beginning on the effective date of the Affordable Loans for Any Student Act, interest on loans made under this part for which payments of principal are not required during the in-school and grace periods or for which payments are deferred in accordance with sections 427(a)(2)(C) and 428(b)(1)(M) shall accrue and be added to the balance of interest due from the borrower when the loan enters repayment, but shall not ever be capitalized. (ii) Notice requirement The Secretary shall adjust any forbearance notice required in accordance with section 428(a)(3)(A)(iii) to reflect the availability of the pause payment process pursuant to section 460B and the treatment of interest under such section. (C) Limited retroactivity For a borrower of a loan made under this part on or before the effective date of the Affordable Loans for Any Student Act that is in a status, on the day before such effective date, that involves interest capitalization, such loan shall have capitalization pro-rated to the effective date of such Act, but shall not be subject to further capitalization after the effective date of such Act. ; and (2) in subsection (e)(5)— (A) by inserting “(which, beginning after the effective date of the Affordable Loans for Any Student Act, shall not be capitalized)” after accrued interest ; and (B) by striking the second sentence. 202. Elimination of origination fees for Federal Direct Loans (a) Repeal of origination fees Subsection (c) of section 455 ( 20 U.S.C. 1087e(c) ) is repealed. (b) Effective date The amendment made by subsection (a) shall apply with respect to loans made under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) for which the first disbursement of principal is made on or after July 1, 2022. III Providing assistance in situations of borrower distress 301. Limits on seizing income for debt Part D of title IV ( 20 U.S.C. 1087a et seq. ) is amended by adding at the end the following: 460A. Limits on seizing income for debt relating to Federal student loans (a) Definitions In this section— (1) the term adjusted gross income has the meaning given the term in section 62 of the Internal Revenue Code of 1986; and (2) the term poverty line means the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved. (b) Limitation on collection (1) In general Notwithstanding any other provision of law, any entity engaged in the collection of debts relating to loans made under this title may not take any action to cause, or seek to cause, the collection of such a debt that is taken from the wages, Federal benefits, or other amounts due to a borrower through garnishment, deduction, offset, or seizure in an amount on a monthly basis that is more than the amount described in paragraph (2). (2) Calculation The amount described in this paragraph is the amount obtained by calculating what the monthly repayment amount would be for loans made under this title, with respect to the borrower, under the income-based repayment plan under section 493C(c). (3) Presumption For purposes of this section, if an entity described in paragraph (1) is unable to determine the family size of a borrower after taking reasonable steps to collect the information necessary to do so, that person shall presume that the family size of the borrower is 1 individual. (c) Communications Any communication by an entity described in subsection (b)(1) that is for the purpose of seizing income of a consumer for debt that relates to a loan made under this title shall— (1) be considered— (A) an attempt to collect a debt; and (B) conduct in connection with the collection of a debt for the purposes of this title; and (2) contain a notice to the borrower that, consistent with the procedures for rehabilitating a loan pursuant to section 428F(a) or consolidating loans out of default as described in section 428C(a)(3)(B)(i)(V), the borrower may exit default and reenter current repayment status (as defined in section 428(l)(2)(C)) with a similar monthly payment amount on an income-based repayment plan under section 493C(c) and thereby obtain the full flexibility and benefits of such status, including the ability to adjust family size and make qualifying payments for purposes of repayment or cancellation of any outstanding balance of principal and interest due on a loan (as described in section 493C(b)(7)). (d) Remedies (1) First tier The Secretary may impose a civil penalty on an entity for a violation of this section not to exceed $5,000 for each day during which such violation continues. (2) Second tier Notwithstanding paragraph (1), the Secretary may impose a civil penalty on an entity that recklessly engages in a violation of this section not to exceed $25,000 for each day during which such violation continues. (3) Third tier Notwithstanding paragraphs (1) and (2), the Secretary may impose a civil penalty on an entity that knowingly violates this section not to exceed $1,000,000 for each day during which such violation continues. (4) No exemplary or punitive damages Nothing in this subsection shall be construed as authorizing the imposition of exemplary or punitive damages. (5) Entities subject to penalty An entity subject to a penalty under this subsection may include a contractor or agent of the Department. . 302. Allowing for multiple loan rehabilitations (a) FFEL loans Section 428F(a)(5) ( 20 U.S.C. 1078–6(a)(5) ) is amended by striking one time per loan and inserting 2 times per loan . (b) Direct loans Section 455(d) ( 20 U.S.C. 1087e(d) ), as amended by section 103, is further amended by adding at the end the following: (8) Loan rehabilitation In carrying out the process for loan rehabilitation described in section 428F(a)(5) with respect to loans made under this part and in accordance with subsection (a), the Secretary shall allow a borrower to obtain the benefits available under such section not more than 2 times per loan. . 303. Pause payment process (a) Establishment of pause payment process Part D of title IV ( 20 U.S.C. 1087a et seq. ), as amended by section 301, is further amended by adding at the end the following: 460B. Pause payment process (a) In general The Secretary shall establish a single, streamlined pause payment process available in a single application with respect to loans made under this part that replaces the deferment and forbearance options and their respective applications that are available to borrowers before the effective date of the Affordable Loans for Any Student Act and provides temporary relief from repayment of such loans in accordance with this section. (b) Application for relief Notwithstanding any other provision of this Act, a borrower of a loan made under this part that desires to receive temporary relief from repayment with respect to such loan shall request relief in accordance with the pause payment process established by the Secretary under subsection (a), which shall include the options to select a temporary cessation of payments and to make smaller payments than the monthly payments required under the borrower’s repayment plan. (c) Pause payment (1) In general A borrower of a loan made under this part who meets the requirements described in paragraph (2) shall be eligible for a pause payment, during which periodic installments of principal need not be paid, and interest— (A) shall not accrue, in the case of a— (i) Federal Direct Stafford Loan; or (ii) a Federal Direct Consolidation Loan that consolidated only Federal Direct Stafford Loans, or a combination of such loans and Federal Stafford Loans for which the student borrower received an interest subsidy under section 428; or (B) shall accrue and be added to the balance of interest due but not be capitalized, or be paid by the borrower, in the case of a Federal Direct PLUS Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan not described in subparagraph (A)(ii). (2) Eligibility A borrower of a loan made under this part shall be eligible for a pause payment during any period— (A) during which— (i) the borrower is carrying at least one-half the normal full-time work load for the course of study that the borrower is pursuing, as determined by the eligible institution (as such term is defined in section 435(a)) the student is attending; or (ii) in the case of a parent borrower, the borrower or the student on whose behalf the loan was borrowed is carrying at least one-half the normal full-time work load, in accordance with clause (i); (B) during which the borrower is pursuing a course of study pursuant to a graduate fellowship program approved by the Secretary; (C) during which the borrower is serving in a medical or dental internship or residency program; (D) during which the borrower is in a rehabilitation training program for individuals with disabilities approved by the Secretary; (E) during which the borrower— (i) is serving on active duty during a war or other military operation or national emergency and for the 180-day period following the demobilization date for the service; or (ii) qualifies for partial repayment of the borrower’s loans under a provision of chapter 109 or 1609 of title 10, United States Code; (F) during which the borrower is performing qualifying National Guard duty during a war or other military operation or national emergency and for the 180-day period following the demobilization date for the service; (G) during which the borrower is serving in— (i) an approved national service position (as defined in section 101 of the National and Community Service Act of 1990 ( 42 U.S.C. 12511 )) in an Americorps program (defined for purposes of this subparagraph as a program carried out under subtitle C or E of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12571 et seq. , 12611 et seq.) or title I of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4951 et seq. )); (ii) in the Peace Corps; or (iii) in a teaching position that would qualify for teacher loan forgiveness under section 428J or 460; (H) not in excess of a total period of 3 years of repayment of a loan during which the Secretary determines, in accordance with regulations prescribed under section 435(o), that the borrower has experienced or will experience an economic hardship, such as experiencing financial difficulties, having unexpected or significant medical expenses, or being unable to find full-time employment; (I) during which a borrower’s ability to make payments, as determined by the Secretary, has been adversely affected by— (i) any major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency 34 Assistance Act ( 42 U.S.C. 5170 , 5191); (ii) a local emergency, as declared by the appropriate government agency; or (iii) a military mobilization; (J) during which the borrower is awaiting a determination by the Secretary of the borrower’s request for a pause payment, change in repayment plan, loan forgiveness or cancellation, or consolidation loan; or (K) during which the borrower is experiencing other exceptional circumstances for which pause payment under this section is in the best interest of the borrower, as determined by the Secretary through regulation. . (b) Conforming amendments Section 455 ( 20 U.S.C. 1087e ) is amended— (1) in subsection (e)(7)(B)(i), by striking is in deferment and inserting is under pause payment pursuant to section 460B ; (2) by striking subsection (f) and inserting the following: (f) reserved ; and (3) in subsection (l)— (A) by striking Program.— and all that follows through Using funds and inserting the following: Program.—Using funds ; and (B) by striking paragraph (2). 304. Automatic enrollment into income-based repayment for borrowers who are delinquent on loans and for borrowers who rehabilitate defaulted loans (a) Notification and automatic enrollment procedures Section 455(d) ( 20 U.S.C. 1087e(d) ), as amended by sections 103 and 302, is further amended by adding at the end the following: (9) Notification and automatic enrollment procedures for borrowers who are delinquent on loans (A) Authority to obtain income information (i) In general In the case of any borrower who is at least 60 days delinquent on a loan made under this part, the Secretary may obtain such information as is reasonably necessary regarding the income and family size of the borrower (and the borrower’s spouse, if applicable). (ii) Availability of returns and return information Returns and return information (as defined in section 6103 of the Internal Revenue Code of may be obtained under this subparagraph only to the extent authorized by section 6103(l)(13) of such Code). (B) Borrower notification With respect to each borrower of a loan made under this part who is at least 60 days delinquent on such loan and who has not been subject to the procedures under this paragraph for such loan in the preceding 120 days, the Secretary shall, as soon as practicable after such 60-day delinquency, provide to the borrower the following: (i) Notification that the borrower is at least 60 days delinquent on at least 1 loan under this part, and a description of all delinquent loans under this part, and nondelinquent loans under this part, of the borrower. (ii) A brief description of the repayment plans for which the borrower is eligible and the borrower’s loans made under this part, and loans made, insured, or guaranteed under part B or E, that may be eligible for such plans, based on information available to the Secretary. (iii) Clear and simple instructions on how to select the repayment plans. (iv) The amount of monthly payments for the loans made under this part, and any loans made, insured, or guaranteed under part B or E, under the repayment plans for which the borrower is eligible, based on information available to the Secretary, including, if the income information of the borrower is available to the Secretary under subparagraph (A)— (I) the amount of the monthly payment under the income-based repayment plan under section 493C(c) for which the borrower is eligible for the borrower’s loans made under this part, based on such income information; and (II) the income, family size, tax filing status, and tax year information on which each the monthly payment is based. (v) An explanation that the Secretary shall take the actions under subparagraph (C) with respect to such borrower, if— (I) the borrower is 120 days delinquent on one or more loans under this part and has not selected a new repayment plan for the borrower’s loans under this part; and (II) in the case of such a borrower whose repayment plan for any loans made under this part is not an income-based repayment plan under section 493C(c), the monthly payments under such repayment plan are higher than such monthly payments would be under an income-based repayment plan for such loans. (vi) Instructions on updating the information of the borrower obtained under subparagraph (A). (C) Secretary’s initial selection of plan With respect to each borrower described in subparagraph (B) who has a repayment plan for loans made under this part that meets the requirements of clause (v)(II) of subparagraph (B), who has not selected a new repayment plan for such loans in accordance with the notice received under such subparagraph, and who is at least 120 days delinquent on such a loan, the Secretary shall, as soon as practicable— (i) in a case in which any of the borrower’s loans made under part B or E are eligible for an income-based repayment plan under section 493C(c), provide the borrower with the income-based repayment plan; and (ii) in a case in which none of the borrower’s loans made under part B or E are eligible for an income-based repayment plan under section 493C(c), notify the borrower of the actions, if any, the borrower may take for such loans to become eligible for such a plan. (D) Secretary’s additional selection of plan (i) In general With respect to each borrower of a loan made under this part who selects a new repayment plan in accordance with the notice received under subparagraph (B) and who continues to be delinquent on such loan for a period described in clause (ii), the Secretary shall, as soon as practicable after such period, carry out the procedures described in subparagraph (C) for the borrower’s loans made under this part, if such procedures would result in lower monthly repayment amounts on such loan. (ii) Description of period The duration of the period described in clause shall be the amount of time that the Secretary determines is sufficient to indicate that the borrower may benefit from repaying such loan under a new repayment plan, but in no case shall such period be less than 60 days. (E) Opt-out A borrower of a loan made under this part shall have the right to opt out of the procedures under this paragraph. (F) Procedures The Secretary shall establish procedures as are necessary to effectively implement this paragraph. (10) Notification and automatic enrollment procedures for borrowers who are rehabilitating defaulted loans (A) Authority to obtain income information (i) In general In the case of any borrower who is rehabilitating a loan made under this part pursuant to section 428F(a), the Secretary may obtain such information as is reasonably necessary regarding the income and family size of the borrower (and the borrower’s spouse, if applicable). (ii) Availability of returns and return information Returns and return information (as defined in section 6103 of the Internal Revenue Code of may be obtained under this subparagraph only to the extent authorized by section 6103(l)(13) of such Code). (B) Borrower notification Not later than 30 days after a borrower makes the 6th payment required for the loan rehabilitation described in subparagraph (A), the Secretary shall notify the borrower of the process under subparagraph (C) with respect to such loan. (C) Secretary’s automatic enrollment With respect to each borrower who has made the 9th payment required for the loan rehabilitation described in subparagraph (A) and is eligible for the income-based repayment plan under section 493C(c), the Secretary shall, as soon as practicable after such payment, provide the borrower with the income-based repayment plan. (D) Opt-out A borrower of a loan made under this part shall have the right to opt out of the procedures for enrollment in an income-based repayment plan under this paragraph. (E) Procedures The Secretary shall establish procedures as are necessary to effectively implement this paragraph. . (b) Effective date The amendments made by subsection (a) shall— (1) take effect as soon as the Secretary of Education determines practicable after the Secretary finalizes the procedures under section 105; and (2) apply to all borrowers of loans made under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ). 305. Separating joint consolidation loans (a) In general Section 455(g) ( 20 U.S.C. 1087e(g) ), as amended by section 104, is further amended by adding at the end the following: (3) Separating joint consolidation loans (A) In general A married couple, or 2 individuals who were previously a married couple, and who received a joint consolidation loan as such married couple under subparagraph (C) of section 428C(a)(3) (as such subparagraph was in effect on or before June 30, 2006), may apply to the Secretary for each individual borrower in the married couple (or previously married couple) to receive a separate Federal Direct Consolidation Loan under this part— (i) that shall— (I) unless the Secretary receives notice of an agreement described in subclause (II)(aa), be equal to the sum of— (aa) the unpaid principal and accrued unpaid interest of the percentage of the joint consolidation loan that, as of the day before such joint consolidation loan was made, was attributable to the loans of the individual borrower for whom such separate consolidation loan is being made; and (bb) any other loans described in section 428C(a)(4) that such individual borrower selects for consolidation under this part; or (II) be equal to the sum of— (aa) the unpaid principal and accrued unpaid interest of the percentage of the joint consolidation loan that, as of the date of application under this paragraph, the married couple (or previously married couple) agrees shall be considered attributable to the loans of the individual borrower for whom such separate consolidation loan is being made; and (bb) any other loans described in section 428C(a)(4) that such individual borrower selects for consolidation under this part; (ii) the proceeds of which shall be paid by the Secretary to the holder or holders— (I) of the joint consolidation loan for the purpose of discharging the liability on the percentage of such joint consolidation loan described in subclause (I)(aa) or (II)(aa) of clause (i); and (II) of the loans selected for consolidation under subclause (I)(bb) or of clause (i) for the purpose of discharging the liability on such loans; (iii) except as otherwise provided in this paragraph, that has the same terms and conditions, and rate of interest as the joint consolidation loan, except if other loans are included in such Federal Direct Consolidation Loan after the date the Federal Direct Consolidation Loan is first made under this paragraph; (iv) for which any payment made under subsection (m)(1)(A) on the joint consolidation loan during a period in which the individual borrower for whom such separate consolidation loan is being made was employed in a public service job described in subsection (m)(1)(B) shall be treated as if such payment were made on such separate consolidation loan; and (v) for which any payment made under an income contingent repayment plan under subsection (d)(1)(D), or an income-based repayment plan under paragraph (1)(E) or (2)(A)(ii) of subsection (d), on the joint consolidation loan shall be treated as if such payment were made on such separate consolidation loan. (B) Application for separate direct consolidation loans (i) Joint application Except as provided in clause (ii), to receive separate consolidation loans under subparagraph (A), both individual borrowers in a married couple (or previously married couple) shall jointly apply under such subparagraph. (ii) Separate application An individual borrower in a married couple (or previously married couple) may apply for a separate consolidation loan under subparagraph (A) separately and without regard to whether or when the other individual borrower in the married couple (or previously married couple) applies under such subparagraph, and shall be relieved of any remaining liability for the joint consolidation loan, in a case in which— (I) the individual borrower has experienced from the other individual borrower— (aa) domestic violence (as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) )); (bb) economic abuse (including behaviors that control such borrower’s ability to acquire, use, and maintain access to money, credit, or the joint financial obligations of both borrowers); or (cc) other exceptional circumstances, as determined by the Secretary; and (II) the Secretary determines that authorizing each individual borrower to apply separately under subparagraph (A) would be in the best fiscal interests of the Federal Government, including by reducing the risk of delinquency or default. (C) Borrower eligibility Notwithstanding section 428C(a)(3)(A), the Secretary shall provide a consolidation loan under this part to each borrower who— (i) applies for such loan under subparagraph (A); and (ii) meets the requirements of subparagraphs (A) and (B). . (b) Conforming amendment Section 428C(a)(3)(B)(i)(V) ( 20 U.S.C. 1078–3(3)(B)(i)(V) ) is amended— (1) by striking or at the end of item (bb); (2) by striking the period at the end of item (cc) and inserting ; or ; and (3) by adding at the end the following: (dd) for the purpose of separating a joint consolidation loan into 2 separate Federal Direct Consolidation Loans under section 455(g)(3). . 306. Removing the collection cost requirement (a) Removal of requirement Section 484A(b)(1) ( 20 U.S.C. 1091a(b)(1) ) is amended by striking shall be required to pay, in addition to other charges specified in this title, reasonable collection costs and inserting shall not be required to pay collection costs . (b) Repayment after default Section 455(d)(6) ( 20 U.S.C. 1087e(d)(6) ), as redesignated under section 103(b), is amended by striking to— and all that follows through the period at the end and inserting to repay the loan pursuant to an income-based repayment plan under section 493C(c). . IV Improving loan information and counseling 401. Student loan contract; simplifying loan disclosures (a) Student loan contract Section 455 ( 20 U.S.C. 1087e ), as amended by section 202, is further amended by inserting after subsection (b) the following: (c) Student loan contract; simplifying loan disclosures (1) Student loan contract (A) In general Any master promissory note form described in section 432(m)(1)(D) that is developed or used for covered loans shall be referred to as a student loan contract . (B) Clarification on use Notwithstanding section 432(m)(1)(D)(i), each student loan contract for a covered loan shall— (i) not be entered into by a student unless the student has completed all required counseling related to such loan, including counseling required under section 485(l); (ii) be signed by the student entering such student loan contract after completion of such counseling; (iii) be signed by the student during the first award year of such student’s enrollment at an institution; (iv) be valid for each award year after the award year described in clause (iii) in which the student remains enrolled at the same institution; and (v) include options for the student to enter both the student’s current contact information and permanent contact information that is likely to remain valid upon the student’s exit from the institution. (C) Covered loan (i) In general In this subsection, the term covered loan means a loan made under this part on or after the effective date of the Affordable Loans for Any Student Act, except with respect to a borrower described in clause (ii). (ii) Exception A borrower is described in this clause if the loan made under this part on or after the effective date of the Affordable Loans for Any Student Act with respect to such borrower is for the award year during which the Affordable Loans for Any Student Act is enacted and the borrower has already taken out a loan under this part (other than a Federal Direct Consolidation Loan) for such award year (including any such loan for attendance at another institution from which the student transferred or in which the student had previously enrolled). (2) Loan disclosures For loans made under this part for periods of enrollment beginning on or after the effective date of the Affordable Loans for Any Student Act, the Secretary shall take such steps as are necessary to streamline the student loan disclosure requirements under this Act. The Secretary shall ensure that information required to be disclosed to a student who is applying for, receiving, or preparing to repay a loan under this part shall be consumer-tested and delivered in a manner that— (A) reduces and simplifies the paperwork students are required to complete; (B) limits the number of times a student is presented with disclosures by incorporating the streamlined disclosures into required student loan counseling under section 485(l), the student loan contract under this subsection, or both; and (C) is effective in helping the student understand the student’s rights and obligations as a Federal student loan borrower. (3) Loan acceptance Prior to making the first disbursement of a covered loan (other than a Federal Direct Consolidation Loan) to a borrower, the eligible institution shall ensure that the borrower— (A) has completed the applicable counseling under paragraph (2) or (3) of section 485(l); and (B) after completing such counseling, accepts the loan by— (i) signing and returning to the institution the student loan contract described in section 455(c)(1) that affirmatively states that the borrower accepts the loan; or (ii) electronically signing an electronic version of such student loan contract, which may be done through the online counseling tool in accordance with section 485(n)(1)(B). . (b) Conforming amendment Section 487(a)(7) ( 20 U.S.C. 1094(a)(7) ) is amended by striking section 485 and inserting sections 455(c)(3) and 485 . 402. Pre-loan information and counseling requirements Section 485(l) ( 20 U.S.C. 1092(l) ) is amended to read as follows: (l) Student loan entrance counseling (1) Student loan entrance counseling requirement for institutions (A) In general Each eligible institution shall ensure that, prior to the date of the disbursement of a loan for a period of enrollment at such institution, each individual for whom the institution has knowledge that the individual has accepted, or will accept, 1 or more student loans under part D (including any such loans for attendance at another institution from which the student transferred or in which the student had previously enrolled, other than a Federal Direct Consolidation Loan) for such period of enrollment, receives comprehensive information on the terms and conditions of such loans and the responsibilities the individual has with respect to such loans. Such information shall be provided in a simple, understandable, and consumer-friendly manner during a counseling session conducted— (i) in person; (ii) online, with the individual acknowledging receipt of the information; or (iii) through the use of the online counseling tool described in subsection (n)(1)(B). (B) Use of interactive programs In the case of institutions not using the online counseling tool described in subsection (n)(1)(B), the Secretary shall require such institutions to carry out the requirements of subparagraph (A) through the use of interactive programs, during a counseling session that is in-person or online, that test the individual’s understanding of the terms and conditions of the loan awarded to the individual, using simple and understandable language and clear formatting. (2) Loan counseling for borrowers receiving loans made under part d (other than parent plus loans) The information to be provided under paragraph (1)(A) to a borrower of a loan made under part D (other than a Federal Direct PLUS Loan made on behalf of a dependent student) shall include the following: (A) A notification that some students may qualify for other financial aid that does not need to be repaid, and an explanation that the borrower should consider accepting any such grant, scholarship, military tuition assistance, veterans benefits, Federal or State work-study, or other programs for which the borrower is eligible, prior to accepting student loans. (B) An explanation of the use of the student loan contract referred to in section 455(c). (C) A recommendation to the borrower to exhaust the borrower’s Federal student loan options prior to taking out private education loans, an explanation that Federal student loans typically offer better terms and conditions than private education loans, an explanation that Federal student loans offer consumer protections typically not available in the private education loan market, an explanation of treatment of loans made under part D and private education loans in bankruptcy, and an explanation that if a borrower decides to take out a private education loan— (i) the borrower has the ability to select a private educational lender of the borrower’s choice; (ii) the proposed private education loan may impact the borrower’s potential eligibility for other financial assistance, including Federal financial assistance under this title; and (iii) the borrower has a right— (I) to accept the terms of the private education loan within 30 calendar days following the date on which the application for such loan is approved and the borrower receives the required disclosure documents, pursuant to section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) ); and (II) to cancel such loan within 3 business days of the date on which the loan is consummated, pursuant to section 128(e)(7) of such Act ( 15 U.S.C. 1638(e)(7) ). (D) An explanation of the importance of contacting the appropriate offices at the institution of higher education if the student withdraws prior to completing a program of study so that the institution can provide exit counseling, including information regarding the borrower’s repayment options and loan consolidation. (E) A general description of the terms and conditions under which the student may obtain forgiveness or cancellation of any principal and interest of a loan issued under this title. (F) Information as to how the borrower can access their loan records and the contact information for inquiries regarding repaying the loan. (G) The contact information for the financial aid office, or other appropriate office, at the institution that the borrower may contact if the borrower has any questions about the borrower’s rights and responsibilities or the terms and conditions of the loan. (H) An explanation that the borrower has the right to annually request a copy of the credit report of the borrower from a consumer reporting agency pursuant to section 612(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681j(a) ). (I) An explanation that— (i) the borrower may be contacted during the repayment period by a third-party student debt relief company; (ii) the borrower should use caution when dealing with such a company; and (iii) the services that such a company typically provides are offered to borrowers free of charge through the Department or the borrower's servicer. (3) Borrowers receiving parent plus loans for dependent students The information to be provided under paragraph (1)(A) to a borrower of a Federal Direct PLUS Loan made on behalf of a dependent student shall include the following: (A) A notification that some students may qualify for other financial aid and an explanation that the student for whom the borrower is taking out the loan should consider accepting any such grant, scholarship, military tuition assistance, veterans benefits, Federal or State work-study jobs, or other programs for which the student for whom the borrower is taking out the loan is eligible, prior to borrowing any Federal Direct PLUS Loan on behalf of a dependent student. (B) The information described in subparagraphs (B) through (I) of paragraph (2), as applicable. (C) The circumstances under which a borrower of a Federal Direct PLUS Loan made on behalf of a dependent student may transfer such loan to the student for whom the loan was taken out. . 403. Exit counseling Section 485(b) ( 20 U.S.C. 1092(b) ) is amended to read as follows: (b) Student loan exit counseling (1) In general (A) Counseling included Each eligible institution shall provide counseling to borrowers of loans made under part D (including any such loans for attendance at another institution from which the student transferred or in which the student had previously enrolled, other than a Federal Direct Consolidation Loan) prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution. The counseling required by this subsection shall be provided through the use of an interactive program, during an exit counseling session that is in-person or online, or through the use of the online counseling tool described in subsection (n)(1)(A), and shall include— (i) an explanation of the grace period preceding repayment and the expected date that the borrower will enter repayment; (ii) an explanation that the borrower has the option to pay any interest that has accrued while the borrower was in school or that may accrue during the grace period preceding repayment or during an authorized period of pause payment; (iii) the outstanding balance of principal and interest owed by the borrower at the time of such counseling on loans made, insured, or guaranteed to the borrower under this title; (iv) information on the repayment plans available, including a description of the different features of each plan and sample information showing the average anticipated monthly payments, and the difference in interest paid and total payments, under each plan; (v) a description of the borrower’s options for pause payment under section 460B; (vi) a description of the Federal tax benefits that may be available for repaying loans made under this title; (vii) a description of the terms and conditions under which the student may obtain forgiveness or cancellation of any principal and interest of a loan made under this title; (viii) an explanation that the borrower has the option to prepay each loan, pay each loan on a shorter schedule, and change repayment plans; (ix) the implications of, and options to get out of, default on a loan; (x) information as to how the student borrower can access their loan records; (xi) an explanation that— (I) the borrower may be contacted during the repayment period by a third-party student debt relief company; (II) the borrower should use caution when dealing with such a company; and (III) the services that such a company typically provides are offered to borrowers free of charge through the Department or the borrower’s servicer; and (xii) an explanation that the borrower has the right to annually request a copy of the credit report of the borrower from a consumer reporting agency pursuant to section 612(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681j(a) ). (B) Students leaving without prior notice to the institution In the case of borrower who leaves an institution without the prior knowledge of the institution, the institution shall attempt to provide the information described in subparagraph (A) to the borrower in online or in writing, except that in the case of an institution using the online counseling tool described in subsection (n)(1)(A), the Secretary shall attempt to provide such information to the borrower in the manner described in subsection (n)(3)(C). (2) Information to be submitted by borrower (A) In general Each eligible institution shall require that the borrower of a loan made under part D submit to the institution, during the exit counseling required by this subsection— (i) the borrower’s expected permanent address after leaving the institution; (ii) the borrower’s most recent contact information; and (iii) any corrections in the institution’s records relating the borrower’s name, social security number, and driver’s license number, as applicable. (B) Information to be provided to the secretary Each eligible institution shall, not later than 60 days after the date of collection of the information described in subparagraph (A), forward the information received from the borrower to the Secretary. (C) Rule of construction Nothing in this subsection shall be construed to prohibit an institution of higher education from utilizing electronic means to provide personalized exit counseling. . 404. Online counseling tools Section 485 ( 20 U.S.C. 1092 ), as amended by this Act, is further amended by adding at the end the following: (n) Online counseling tools (1) In general Beginning not later than 1 year after the date of enactment of the Affordable Loans for Any Student Act, the Secretary shall maintain— (A) an online counseling tool that provides the exit counseling required under subsection (b) and meets the applicable requirements of this subsection; and (B) an online counseling tool that provides the counseling required under subsection (l), enables a borrower to electronically sign and accept the borrower’s student loan contract, and meets the applicable requirements of this subsection. (2) Requirements of tools In maintaining the online counseling tools described in paragraph (1), the Secretary shall ensure that each such tool, and its underlying content— (A) are consumer tested, in consultation with other relevant Federal agencies, students, borrowers, institutions of higher education, secondary school and postsecondary counselors, and consumer advocacy organizations, to ensure that the tool is effective in helping individuals understand their rights and obligations with respect to borrowing a loan made under part D; (B) are understandable to borrowers of loans made under part D; (C) are freely available to all eligible institutions; and (D) integrate applicable loan data from the National Student Loan Data System or a successor system, including data regarding loans made, insured, or guaranteed under this title and data regarding private education loans, pursuant to section 485B(i). (3) Record of counseling completion The Secretary shall— (A) use each online counseling tool described in paragraph (1) to— (i) keep a record of which individuals have received counseling using the tool; and (ii) notify the applicable institutions of the individual’s completion of such counseling; (B) in the case of a borrower who receives counseling for a loan made under part D using the tool described in paragraph (1)(B)— (i) enable the borrower to accept and electronically sign the student loan contract as required under section 455(c)(3)(B)(ii), and notify the applicable institutions that the individual completed the counseling and electronically signed the contract; and (ii) if the borrower chooses not to sign the student loan contract through the online counseling tool— (I) inform the borrower, through the online counseling tool, of the date by when the borrower should accept and sign the student loan contract for which the borrower has received such counseling; and (II) notify the applicable institution that the borrower completed the counseling but did not sign the student loan contract; and (C) in the case of a borrower described in subsection (b)(1)(B) at an institution that uses the online counseling tool described in paragraph (1)(A) of this subsection, attempt to provide the information described in subsection (b)(1)(A) to the borrower through such tool. . 405. Private education loan certification and information (a) Amendments to the higher education act of 1965 (1) In general Section 487(a) ( 20 U.S.C. 1094(a) ) is amended by striking paragraph (28) and inserting the following: (28) (A) The institution shall— (i) upon the request of a private educational lender, acting in connection with an application initiated by a borrower for a private education loan in accordance with section 128(e)(3) of the Truth in Lending Act, provide certification to such private educational lender— (I) that the student who initiated the application for the private education loan, or on whose behalf the application was initiated, is enrolled or is scheduled to enroll at the institution; (II) of such student’s cost of attendance at the institution as determined under part F; and (III) of the difference between— (aa) the cost of attendance at the institution; and (bb) the student’s estimated financial assistance received under this title and other assistance known to the institution, as applicable; and (ii) provide the certification described in clause (i), or notify the private educational lender that the institution has received the request for certification and will need additional time to comply with the certification request— (I) within 15 business days of receipt of such certification request; and (II) only after the institution has completed the activities described in subparagraph (B). (B) The institution shall, upon receipt of a certification request described in subparagraph (A)(i), and prior to providing such certification— (i) determine whether the student who initiated the application for the private education loan, or on whose behalf the application was initiated, has applied for and exhausted the Federal financial assistance available to such student under this title and inform the student accordingly; and (ii) provide the borrower whose loan application has prompted the certification request by a private education lender, as described in subparagraph (A)(i), with the following information and disclosures: (I) If the borrower has not yet exhausted the financial assistance available to the borrower under this title, the amount of additional Federal student assistance for which the borrower is eligible and the potential advantages of Federal loans under this title, including disclosure of— (aa) the fixed interest rates and pause payment processes; (bb) the option for and terms of income-based repayment, loan forgiveness programs, and additional protections; and (cc) the higher student loan limits for dependent students whose parents are not eligible for a Federal Direct PLUS Loan. (II) The borrower’s ability to select a private educational lender of the borrower’s choice. (III) The impact of a proposed private education loan on the borrower’s potential eligibility for other financial assistance, including Federal financial assistance under this title. (IV) The borrower’s right to accept or reject a private education loan within the 30-day period following a private educational lender’s approval of a borrower’s application, and a borrower’s 3-day right to cancel period under section 128(e)(7) of the Truth in Lending Act ( 15 U.S.C. 1650(e)(7) ). (C) For purposes of this paragraph, the terms private educational lender and private education loan have the meanings given such terms in section 140 of the Truth in Lending Act ( 15 U.S.C. 1650 ). . (2) National student loan data system Section 485B ( 20 U.S.C. 1092b ) is amended— (A) in subsection (a), by striking and loans made under parts D and E and inserting , loans made under parts D and E, and private education loans (in accordance with subsection (i)) ; (B) in subsection (g), in the subsection heading, by inserting for Federal Loans after Data Reporting ; and (C) by adding at the end the following: (j) Private education loan reporting The Secretary shall include in the National Student Loan Data System the information regarding private education loans that the Director of the Consumer Financial Protection Bureau, in coordination with the Secretary, determines necessary to be included pursuant to section 128(e)(9)(B)(ii) of the Truth in Lending Act ( 15 U.S.C. 1638(e)(9)(B)(ii) ). . (3) Effective date The amendments made by paragraphs (1) and (2) shall take effect on the effective date of the regulations described in subsection (b)(3). (b) Amendments to the truth in lending act (1) In general Section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) ) is amended— (A) by striking paragraph (3) and inserting the following: (3) Institutional certification required (A) In general Except as provided in subparagraph (B), before a private educational lender may issue any funds with respect to a private education loan, the private educational lender shall obtain, from the relevant institution of higher education where such loan is to be used for a student, a certification in accordance with section 485(a)(28)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(28)(A) )— (i) confirming that the student is enrolled or is scheduled to be enrolled at the institution; and (ii) stating— (I) the student’s cost of attendance at the institution, as determined by the institution under part F of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087kk et seq. ); and (II) the difference between— (aa) such cost of attendance; and (bb) the student’s estimated financial assistance, including such assistance received under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) and other financial assistance known to the institution, as applicable. (B) Timing Pursuant to section 485(a)(28)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(28)(A) ), a private education lender shall receive the certification described in subparagraph (A) within 15 days of a request by the private education lender, unless the institution of higher education notifies the private educational lender pursuant to section 485(a)(28)(A)(ii) of such Act that additional time is needed. (C) Additional requirements Upon receiving the certification described in subparagraph (A) for a private education loan, the private educational lender— (i) may proceed to issue funds with respect to the private education loan; and (ii) after issuing the private education loan, shall— (I) notify the institution of higher education involved that the private education loan has been issued to the borrower, and the amount of such loan; and (II) provide the Director of the Consumer Financial Protection Bureau and the Secretary of Education with the information described in paragraph (9)(B). ; (B) by redesignating paragraphs (9), (10), and (11), as paragraphs (10), (11), and (12), respectively; and (C) by inserting after paragraph (8) the following: (9) Provision of information (A) Provision of information to borrowers (i) Loan statements A private educational lender that issues any funds with respect to a private education loan shall— (I) send loan statements, if the loan is to be used for a student, to borrowers of the funds not less than once every 3 months during the time that the student is enrolled at an institution of higher education; and (II) in the case of a private education loan that includes a cosigner, annually send a loan statement to the borrower’s cosigner, notifying the cosigner of the terms, conditions, and status of such private education loan. (ii) Contents of loan statement Each statement described in clause (i) shall— (I) report the borrower’s total remaining debt to the private educational lender, including accrued but unpaid interest and capitalized interest; (II) report any debt increases since the last statement; and (III) list the current interest rate for each loan. (B) Provision of information to federal agencies (i) Information from lender Each private educational lender shall— (I) submit to the Director of the Consumer Financial Protection Bureau and the Secretary of Education such information regarding a private education loan as may be determined necessary by the Director and the Secretary under clause (ii) for inclusion in the National Student Loan Data System under section 485B(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1092b(i) ); and (II) prepare and submit an annual report to the Consumer Financial Protection Bureau regarding the private education loans issued by the private educational lender. (ii) Promulgation of regulations Not later than 1 year after the date of enactment of the Affordable Loans for Any Student Act , the Director of the Consumer Financial Protection Bureau, in coordination with the Secretary of Education, shall promulgate regulations regarding the private education loan information required to be submitted under clause (i), including the content, method, and format for submission. The information required for inclusion in the National Student Loan Data System shall include— (I) information identifying the borrower, including the borrower’s name and social security number; (II) the name of the institution of higher education that has certified the private education loan; (III) the name of the lender; (IV) the amount of the private education loan; (V) the term, or other enrollment period, for which the private education loan is issued; and (VI) whether a cosigner was required as a condition of the private education loan. . (2) Definition of private education loan Section 140(a)(8)(A) of the Truth in Lending Act ( 15 U.S.C. 1650(a)(8)(A) ) is amended— (A) by redesignating clause (ii) as clause (iii); (B) in clause (i), by striking and after the semicolon; and (C) by adding after clause (i) the following: (ii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act ( 42 U.S.C. 292 et seq. and 296 et seq.); and . (3) Regulations (A) In general Not later than 1 year after the date of enactment of this Act, the Director of the Consumer Financial Protection Bureau, in coordination with the Secretary of Education, shall promulgate regulations to implement paragraphs (3) and (9) of section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) ), as amended by paragraph (1) of this subsection. (B) Effective date The regulations promulgated under subparagraph (A) shall take effect on the date that is 180 days after the date on which the regulations are promulgated. V Effective date; transition; implementation 501. Effective date; rulemaking regarding termination of certain repayment plans; implementation (a) Effective date Except as otherwise specifically provided, this Act, and the amendments made by this Act, shall take effect on July 1, 2022. (b) Applicability with respect to forbearance and deferment for direct loan borrowers With respect to any borrower of a loan under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) that is, or has been, in forbearance or deferment as of the day before the effective date described in subsection (a), the Secretary shall take such steps as are necessary— (1) to transfer a borrower with a loan in forbearance or deferment as of such day automatically into relief provided under the pause payment process established under section 460B of such Act (as amended by this Act); and (2) to ensure that the period of time for which a borrower is eligible for pause payment under such section 460B for a loan is appropriately reduced to account for any time the loan was previously in forbearance or deferment. (c) Regulations Before the effective date described in subsection (a), the Secretary of Education shall carry out a plan to end all eligibility for repayment plans other than a fixed repayment plan described in section 493E of the Higher Education Act of 1965, as added by this Act, and an income-based repayment plan under section 493C(c) of such Act ( 20 U.S.C. 1098e(f) ) for loans made under part B or D of title IV of such Act, unless the borrower is enrolled in another repayment plan before such effective date, in accordance with the amendments made by this Act. (d) Implementation In carrying out the amendments made by this Act, or any regulations promulgated under this Act, the Secretary of Education may waive the application of— (1) subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ); (2) the master calendar requirements under section 482 of the Higher Education Act of 1965 ( 20 U.S.C. 1089 ); (3) negotiated rulemaking under section 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1098a ); and (4) the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5, United States Code (commonly known as the Privacy Act of 1974 ). | https://www.govinfo.gov/content/pkg/BILLS-117s3953is/xml/BILLS-117s3953is.xml |
117-s-3954 | II 117th CONGRESS 2d Session S. 3954 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Cruz (for himself, Mr. Braun , and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Reserve Act to prohibit the Federal reserve banks from offering certain products or services directly to an individual, and for other purposes.
1. Prohibition on Federal reserve banks relating to certain products or services for individuals Section 13 of the Federal Reserve Act is amended by adding after the 14th undesignated paragraph ( 12 U.S.C. 347d ) the following: No Federal reserve bank may offer products or services directly to an individual, maintain an account on behalf of an individual, or issue a central bank digital currency directly to an individual. . | https://www.govinfo.gov/content/pkg/BILLS-117s3954is/xml/BILLS-117s3954is.xml |
117-s-3955 | II 117th CONGRESS 2d Session S. 3955 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Barrasso (for himself and Mr. Carper ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for starter 401(k)s for employers with no retirement plans, and for other purposes.
1. Short title This Act may be cited as the Starter-K Act of 2022 . 2. Starter 401(k) plans for employers with no retirement plan (a) In general Section 401(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (16) Starter 401(k) deferral-only plans for employers with no retirement plan (A) In general A starter 401(k) deferral-only arrangement maintained by an eligible employer shall be treated as meeting the requirements of paragraph (3)(A)(ii). (B) Starter 401(k) deferral-only arrangement For purposes of this paragraph, the term starter 401(k) deferral-only arrangement means any cash or deferred arrangement which meets— (i) the automatic deferral requirements of subparagraph (C), (ii) the contribution limitations of subparagraph (D), and (iii) the requirements of subparagraph (E) of paragraph (13). (C) Automatic deferral (i) In general The requirements of this subparagraph are met if, under the arrangement, each employee eligible to participate in the arrangement is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. (ii) Election out The election treated as having been made under clause (i) shall cease to apply with respect to any employee if such employee makes an affirmative election— (I) to not have such contributions made, or (II) to make elective contributions at a level specified in such affirmative election. (iii) Qualified percentage For purposes of this subparagraph, the term qualified percentage means, with respect to any employee, any percentage determined under the arrangement if such percentage is applied uniformly and is not less than 3 or more than 15 percent. (D) Contribution limitations (i) In general The requirements of this subparagraph are met if, under the arrangement— (I) the only contributions which may be made are elective contributions of employees described in subparagraph (C), and (II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. (ii) Cost-of-living adjustment In the case of any calendar year beginning after December 31, 2023, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that 2022 shall be substituted for 2005 . (iii) Cross reference For catch-up contributions for individuals age 50 or over, see section 414(v)(2)(B)(ii). (E) Eligible employer For purposes of this paragraph— (i) In general The term eligible employer means any employer which, during the first plan year of the cash or deferred arrangement described in subparagraph (B), does not maintain any other qualified plan. An employer treated as an eligible employer under the preceding sentence shall be treated as an eligible employer with respect to the arrangement for any subsequent plan year without regard to whether it maintains another qualified plan. (ii) Qualified plan The term qualified plan means a plan, contract, pension, account, or trust described in subparagraph (A) or (B) of paragraph (5) of section 219(g) (determined without regard to the last sentence of such paragraph (5)). . (b) Certain annuity contracts Subsection (b) of section 403 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (15) Safe harbor deferral-only plans for employers with no retirement plan (A) In general A safe harbor deferral-only plan maintained by an eligible employer shall be treated as meeting the requirements of paragraph (12). (B) Safe harbor deferral-only plan For purposes of this paragraph, the term safe harbor deferral-only plan means any plan which meets— (i) the automatic deferral requirements of subparagraph (C), (ii) the contribution limitations of subparagraph (D), and (iii) the requirements of subparagraph (E) of section 401(k)(13). (C) Automatic deferral (i) In general The requirements of this subparagraph are met if, under the plan, each eligible employee is treated as having elected to have the employer make elective contributions in an amount equal to a qualified percentage of compensation. (ii) Election out The election treated as having been made under clause (i) shall cease to apply with respect to any eligible employee if such eligible employee makes an affirmative election— (I) to not have such contributions made, or (II) to make elective contributions at a level specified in such affirmative election. (iii) Qualified percentage For purposes of this subparagraph, the term qualified percentage means, with respect to any employee, any percentage determined under the plan if such percentage is applied uniformly and is not less than 3 or more than 15 percent. (D) Contribution limitations (i) In general The requirements of this subparagraph are met if, under the plan— (I) the only contributions which may be made are elective contributions of eligible employees, and (II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000. (ii) Cost-of-living adjustment In the case of any calendar year beginning after December 31, 2023, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that 2022 shall be substituted for 2005 . (iii) Cross reference For catch-up contributions for individuals age 50 or over, see section 414(v)(2)(B)(ii). (E) Eligible employer For purposes of this paragraph— (i) In general The term eligible employer means any employer which, during the first plan year of the plan described in subparagraph (B), does not maintain any other qualified plan. An employer treated as an eligible employer under the preceding sentence shall be treated as an eligible employer with respect to the plan for any subsequent plan year without regard to whether it maintains another qualified plan. (ii) Qualified plan The term qualified plan means a plan, contract, pension, account, or trust described in subparagraph (A) or (B) of paragraph (5) of section 219(g) (determined without regard to the last sentence of such paragraph (5)). (F) Eligible employee For purposes of this paragraph, the term eligible employee means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A). . (c) Catch-Up contributions for individuals age 50 and over (1) Section 414(v)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting , 401(k)(16), 403(b)(15), after 401(k)(11) each place it appears. (2) Section 414(v)(3)(B) of such Code is amended— (A) by inserting , 401(k)(16) after 401(k)(11) , and (B) by inserting , 403(b)(15) after 403(b)(12) . (d) Simplified reporting Section 104(a)(2)(A) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1024(a)(2) ) is amended by striking or at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: (ii) is a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) of the Internal Revenue Code of 1986 or a safe harbor deferral-only plan described in section 403(b)(15) of such Code; or . (e) Starter and safe harbor plans not treated as top-Heavy plans Subparagraph (H) of section 416(g)(4) of the Internal Revenue Code of 1986 is amended— (1) by striking arrangements in the heading and inserting arrangements or plans , (2) by striking , and at the end of clause (i) and inserting and matching contributions with respect to which the requirements of section 401(m)(11) or 401(m)(12) are met, or , and (3) by striking clause (ii) and inserting after clause (i) the following new clause: (ii) a starter 401(k) deferral-only arrangement described in section 401(k)(16)(B) or a safe harbor deferral-only plan described in section 403(b)(15). . (f) Plans not subject to Employee Retirement Income Security Act of 1974 Applicable to plan years beginning after December 31, 2022, the Secretary of Labor shall update Field Assistance Bulletin No. 2010–01 to specify that the hiring of a new plan administrator or third-party administrator by a plan which is not previously subject to title I of the Employee Retirement Income Security Act of 1974 shall not cause such plan to be subject to such title. (g) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s3955is/xml/BILLS-117s3955is.xml |
117-s-3956 | II 117th CONGRESS 2d Session S. 3956 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Merkley (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Administrator of the Environmental Protection Agency to establish a grant program to improve the effectiveness of education and outreach on Do Not Flush labeling, and to require the Federal Trade Commission, in consultation with the Administrator, to issue regulations requiring certain products to have Do Not Flush labeling, and for other purposes.
1. Short title This Act may be cited as the Wastewater Infrastructure Pollution Prevention and Environmental Safety Act or the WIPPES Act . 2. Consumer education and outreach grant program (a) In general The Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) shall establish a program (referred to in this section as the grant program ) to award competitive grants to eligible entities to improve the effectiveness of residential and community education and outreach on Do Not Flush labels. (b) Criteria The Administrator shall award grants under the grant program for projects that, by using one or more eligible activities described in subsection (d), inform and educate the public about— (1) the Do Not Flush label printing on covered products; (2) the types of covered products with the Do Not Flush label; (3) the purpose for the Do Not Flush labeling requirement and the adverse impacts to water collection and wastewater treatment infrastructure of the improper disposal of covered products; and (4) proper disposal methods for covered products. (c) Eligible entities (1) In general An entity that is eligible to receive a grant under the grant program is— (A) a State; (B) a unit of local government; (C) a Tribal government; (D) a nonprofit organization; or (E) a public-private partnership. (2) Coordination of activities Two or more entities described in paragraph (1) may receive a grant under the grant program to coordinate the provision of information to ratepayers and businesses within shared or combined service areas. (d) Eligible activities An eligible entity that receives a grant under the grant program may use the grant funds for activities including— (1) public service announcements; (2) a door-to-door education and outreach campaign; (3) social media and digital outreach; (4) an advertising campaign on Do Not Flush label awareness; (5) the development and dissemination of— (A) a toolkit for a municipal and publicly owned treatment works; (B) notices advertising the presence of the label notice on covered products; (C) covered products that carry the Do Not Flush label; (D) notices describing the intended effects of the label notice on consumer behavior with respect to the disposal of covered products; (E) notices describing the adverse impacts that covered products have on sewer and wastewater infrastructure when improperly disposed; and (F) other materials for education and outreach to promote the proper disposal of covered products; and (6) other activities that the Administrator determines are appropriate to carry out the purposes of this section. (e) Prohibition on use of funds No funds may be awarded under the grant program for a public outreach campaign that promotes or advocates any wipes product that is not a covered product or falsely depicts a covered product as not a covered product. (f) Authorization There is authorized to be appropriated to the Administrator $5,000,000 for each of fiscal years 2023 through 2027 to carry out this section. 3. Do Not Flush labeling (a) In general Not later than 2 years after the date of the enactment of this section, the Federal Trade Commission, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations under section 553 of title 5, United States Code, requiring covered entities to label covered products clearly and conspicuously with Do Not Flush label notices and symbols in accordance with this section. (b) Requirements (1) Cylindrical packaging In issuing regulations under subsection (a), the Commission shall require a covered product sold in cylindrical or near-cylindrical packaging, and intended to dispense individual wipes, to have— (A) the symbol and label notice on the principal display panel in a location reasonably visible to the user each time a wipe is dispensed; or (B) the symbol on the principal display panel and the label notice, or a combination of the label notice and symbol, on a flip lid in a manner that covers at least 8 percent of the surface area of the flip lid. (2) Flexible film packaging In issuing regulations under subsection (a), the Commission shall require a covered product sold in flexible film packaging, and intended to dispense individual wipes, to have— (A) the symbol on the principal display panel and, if the principal display panel is not on the dispensing side of the packaging, on the dispensing side panel; and (B) the label notice on either the principal display panel or the dispensing side panel, in a prominent location reasonably visible to the user each time a wipe is dispensed. (3) Rigid packaging In issuing regulations under subsection (a), the Commission shall require a covered product sold in a refillable tub or other rigid packaging that may be reused by a customer, and intended to dispense individual wipes, to have the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user each time a wipe is dispensed. (4) Packaging not intended to dispense individual wipes In issuing regulations under subsection (a), the Commission shall require a covered product sold in packaging that is not intended to dispense individual wipes to have the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user of the covered product. (5) Bulk packaging (A) In general In issuing regulations under subsection (a), the Commission shall require a covered product sold in bulk at retail to have labeling in compliance with such regulations on both the outer packaging visible at retail and the individual packaging contained within the outer packaging. (B) Exemption The Commission shall exempt from the requirements under subparagraph (A) the following: (i) Individually packaged covered products that are contained within outer packaging, are not intended to dispense individual wipes, and have no retail labeling. (ii) Outer packaging that does not obscure the symbol and label notice on individually packaged covered products contained within. (6) Packaging of combined products (A) Outer packaging In issuing regulations under subsection (a), the Commission shall exempt the outer packaging of a combined product from the requirements of such regulations. (B) Packages less than 3 by 3 inches In issuing regulations under subsection (a), the Commission shall provide that, with respect to a covered product in packaging smaller than 3 inches by 3 inches (such as an individually packaged wipe in tear-top packaging) and sold as part of a combined product, if a symbol and label notice are placed in a prominent location reasonably visible to the user of the covered product, such covered product is considered to be labeled clearly and conspicuously in accordance with such regulations. (c) Reasonable visibility of symbol and label notice (1) In general In requiring the symbol and label notice under this section, the Commission shall require that— (A) packaging seams or folds or other packaging design elements do not obscure the symbol or label notice; (B) the symbol and label notice are each equal in size to at least 2 percent of the surface area of the principal display panel; and (C) the symbol and label notice have high contrast with the immediate background of the packaging so that such symbol and label notice may be seen and read by an ordinary individual under customary conditions of purchase and use. (2) Proximity of symbol and label notice In requiring the symbol and label notice under this section, the Commission may allow a symbol and label notice on a principal display panel to be placed adjacently or on separate areas of the principal display panel. (3) Exception Paragraph (1)(C) does not apply to an embossed symbol or label notice on the flip lid of a covered product sold in cylindrical or near-cylindrical packaging. (d) Additional words or phrases In issuing regulations under subsection (a), the Commission shall allow additional words or phrases on a covered product that describe consequences associated with flushing or disposing of such covered product, if such words or phrases are consistent with the purposes of this section. (e) Representations of flushability In issuing regulations under subsection (a), the Commission shall prohibit, with respect to a covered product, the representation or marketing of flushable attributes, performance, or efficacy benefits. (f) Compliance with other requirements (1) FIFRA requirements (A) In general Not later than 2 years after the date of the enactment of this Act, the Commission and the Administrator of the Environmental Protection Agency, acting jointly, shall issue regulations that, with respect to a covered product that contains a pesticide required to be registered under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ), include the following: (i) Instructions describing how such a covered product may comply with the requirements of such Act and the regulations issued under subsection (a). (ii) A requirement that, not later than 90 days after the date on which regulations are issued under this subparagraph, a covered entity shall submit for approval by the Administrator of the Environmental Protection Agency a product label compliant with such instructions. (B) Enforcement For purposes of subsection (h), a violation of a regulation issued under subparagraph (A) shall be treated as a violation of a regulation issued under subsection (a). (2) Type size exception If the label notice type size otherwise required by the regulations issued under subsection (a) for a covered product would conflict with a labeling requirement under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) or the Federal Hazardous Substances Act ( 15 U.S.C. 1261 et seq. ), the Commission may, in issuing such regulations, provide for a label notice type size requirement for the covered product under this section that— (A) in the case of a covered product required to display a warning pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act regarding a pesticide in such covered product, requires a type size for the label notice under this paragraph that is equal to or greater than the type size required for the keep out of reach of children statement under such Act; and (B) in the case of a covered product required to contain first aid instructions pursuant to the Federal Hazardous Substances Act, requires a type size for the label notice under this paragraph that is equal to or greater than the type size required for such first aid instructions. (g) Applicability The Commission shall provide that the regulations issued under subsection (a) apply with respect to covered products manufactured on or after the date that is 90 days after the date on which such regulations are issued. (h) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of a regulation promulgated under subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (2) Powers of Commission Except as provided in paragraph (3), the Commission shall enforce the regulations promulgated under subsection (a) 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, and any person who violates such a regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (3) Penalty amounts Notwithstanding section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ), any civil penalties imposed under such section with respect to a violation of a regulation promulgated under subsection (a) of this section shall be in accordance with the following: (A) A fine of not more than $2,500 for each day that a violation occurs. (B) In no event may the total amount of fines imposed for a single violation exceed $100,000. (i) Preemption of State laws No State or political subdivision of a State may directly or indirectly establish or continue in effect under any authority restrictions with respect to the Do Not Flush labeling of covered products that are not identical to the restrictions under this section. (j) Definitions In this Act: (1) Combined product The term combined product means two or more products sold in shared retail packaging, of which— (A) at least one of the products is a covered product; and (B) at least one of the products is another consumer product intended to be used in combination with such covered product. (2) Commission The term Commission means the Federal Trade Commission. (3) Covered entity The term covered entity means a manufacturer, wholesaler, supplier, or retailer that is responsible for the labeling or retail packaging of a covered product that is sold or offered for sale in the United States. (4) Covered product (A) In general The term covered product means a premoistened, nonwoven disposable wipe sold or offered for retail sale— (i) that is marketed as a baby wipe or diapering wipe; or (ii) that is a household or personal care wipe (including wipes described in subparagraph (B)) that— (I) is composed entirely, or in part, of petrochemical-derived fibers; and (II) has significant potential to be flushed. (B) Inclusions The wipes described in this subparagraph are— (i) antibacterial wipes and disinfecting wipes; (ii) wipes intended for general purpose cleaning or bathroom cleaning, including toilet cleaning and hard surface cleaning; and (iii) wipes intended for personal care use on the body, including hand sanitizing, makeup removal, feminine hygiene, adult hygiene (including incontinence hygiene), and body cleansing. (5) High contrast The term high contrast means, with respect to the symbol or label notice, that such symbol or label notice— (A) is either light on a solid dark background or dark on a solid light background; and (B) has a contrast percentage of at least 70 percent between such symbol or label notice and the background, using the formula (B1 – B2) / B1 * 100 = contrast percentage, where B1 is the light reflectance value of the lighter area and B2 is the light reflectance value of the darker area. (6) Label notice The term label notice means the written phrase Do Not Flush . (7) Principal display panel The term principal display panel means the side of a product package that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale, and— (A) in the case of a cylindrical or near-cylindrical package, the surface area of which constitutes at least 40 percent of the product package, as measured by multiplying the height by the circumference of the package; or (B) in the case of a flexible film package in which a rectangular prism or near-rectangular prism stack of wipes is housed within the film, the surface area of which is measured by multiplying the length by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack. (8) Symbol The term symbol means the Do Not Flush symbol, as depicted in the Guidelines for Assessing the Flushability of Disposable Nonwoven Products (Edition 4; May 2018) published by the Association of the Nonwoven Fabrics Industry (INDA) and the European Disposables And Nonwovens Association (EDANA), or an otherwise identical symbol depicting an individual of another gender. | https://www.govinfo.gov/content/pkg/BILLS-117s3956is/xml/BILLS-117s3956is.xml |
117-s-3957 | II 117th CONGRESS 2d Session S. 3957 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Casey (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Infrastructure Investment and Jobs Act to make certain activities eligible for grants from the Abandoned Mine Reclamation Fund, and for other purposes.
1. Short title This Act may be cited as the Safeguarding Treatment for the Restoration of Ecosystems from Abandoned Mines Act or the STREAM Act . 2. Activities eligible for grants from the Abandoned Mine Reclamation Fund Section 40701(c) of the Infrastructure Investment and Jobs Act ( 30 U.S.C. 1231a(c) ) is amended— (1) by striking Grants under and inserting the following: (1) In general Except as provided in paragraph (2), grants under ; and (2) by adding at the end the following: (2) Acid mine drainage abatement and treatment (A) In general Not more than 30 percent of the total amount of a grant made annually under subsection (b)(1) may be retained by the recipient of the grant, if those amounts are deposited into an acid mine drainage abatement and treatment fund established under State law, from which amounts (together with all interest earned on the amounts) are expended by the State for the abatement of the causes and the treatment of the effects of acid mine drainage resulting from coal mining practices, including for the costs of building, operating, maintaining, and rehabilitating acid mine drainage treatment systems. (B) Reporting requirements Each recipient of a grant under subsection (b)(1) that deposits grant amounts into an acid mine drainage abatement and treatment fund under subparagraph (A) shall— (i) offer amendments to the inventory maintained under section 403(c) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1233(c) ) to reflect the use of the amounts for acid mine drainage abatement and treatment; and (ii) include in the annual grant report of the recipient information on the status and balance of amounts in the acid mine drainage abatement and treatment fund. (C) Term Amounts retained under subparagraph (A) shall not be subject to— (i) subsection (d)(4)(B); or (ii) any other limitation on the length of the term of an annual grant under subsection (b)(1). . | https://www.govinfo.gov/content/pkg/BILLS-117s3957is/xml/BILLS-117s3957is.xml |
117-s-3958 | II 117th CONGRESS 2d Session S. 3958 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Tester (for himself, Mr. Cassidy , Mr. Grassley , and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties.
1. Short title This Act may be cited as the China Trade Cheating Restitution Act of 2022 . 2. Modification of description of interest for purposes of certain distributions of antidumping duties and countervailing duties Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4401(c)(1) ) is amended by striking October 1, 2014 and inserting October 1, 2000 . | https://www.govinfo.gov/content/pkg/BILLS-117s3958is/xml/BILLS-117s3958is.xml |
117-s-3959 | II 117th CONGRESS 2d Session S. 3959 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Hagerty (for himself, Mr. Crapo , Mr. Risch , Mr. Lee , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide the Secretary of Health and Human Services with the authority to suspend the right to introduce certain persons or property into the United States in the interest of the public health.
1. Short title This Act may be cited as the Stop Fentanyl Border Crossings Act . 2. Protection of public health Section 362 of the Public Health Service Act ( 42 U.S.C. 265 ) is amended— (1) by striking Whenever the and inserting the following: (a) In general Whenever the ; and (2) by adding at the end the following: (b) Suspensions relating to illicit drugs Whenever the Secretary determines that by reason of the existence of substantial illicit drug smuggling from a foreign country there is serious danger of the introduction of such drugs into the United States, and that this danger is so increased by the introduction of persons or property from such country that a suspension of the right to introduce such persons and property is required in the interest of the public health, the Secretary, in accordance with regulations promulgated by the Secretary, shall have the power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate in order to avert such danger, and for such period of time as he may deem necessary for such purpose. . | https://www.govinfo.gov/content/pkg/BILLS-117s3959is/xml/BILLS-117s3959is.xml |
117-s-3960 | II 117th CONGRESS 2d Session S. 3960 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Scott of Florida (for himself, Mr. Hagerty , Mr. Rubio , Mr. Braun , Mrs. Blackburn , and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish the CCP Initiative program, and for other purposes.
1. CCP Initiative program (a) Establishment There is established in the National Security Division of the Department of Justice the CCP Initiative to— (1) counter nation-state threats to the United States; (2) curb spying by the Chinese Communist Party on United States intellectual property and academic institutions in the United States; and (3) focus on— (A) identifying and prosecuting those engaged in trade secret theft, hacking, and economic espionage; and (B) protecting the critical infrastructure in the United States against external threats through foreign direct investment and supply chain compromises. (b) Steering committee The CCP Initiative shall be led by a steering committee comprised of— (1) the Assistant Attorney General for National Security; (2) senior officials in the Federal Bureau of Investigation, as determined by the Attorney General; (3) the Assistant Attorney General for the Criminal Division of the Department of Justice; (4) the Executive Assistant Director of the National Security Branch of the Federal Bureau of Investigation; and (5) five United States attorneys, appointed by the Attorney General, from the judicial districts with the most cases involving espionage, intellectual property theft, and trade secrets during the preceding 5-year period. (c) Goals The CCP Initiative shall have the following goals: (1) Identify priority trade secret theft cases, ensuring that investigations are adequately resourced. (2) Work to bring the cases described in paragraph (1) to fruition in a timely manner and according to the facts and applicable law. (3) Develop an enforcement strategy concerning nontraditional collectors, including researchers in labs, universities, and the defense industrial base, that are being coopted into transferring technology contrary to United States interests. (4) Educate colleges and universities about potential threats to academic freedom and open discourse from influence efforts on campus. (5) Apply the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq. ) to unregistered agents seeking to advance the political agenda of the People's Republic of China, bringing enforcement actions if appropriate. (6) Equip United States attorneys with intelligence and materials they can use to raise awareness of these threats within their judicial districts and support their outreach efforts. (7) Implement the Foreign Investment Risk Review Modernization Act of 2018 (subtitle A of title XVII of Public Law 115–232 ; 132 Stat. 2173) for the Department of Justice, including by working with the Department of the Treasury to develop regulations under the Act and prepare for increased workflow. (8) Identify opportunities to better address supply chain threats, especially ones impacting the telecommunications sector, prior to the transition to 5G networks. (9) Identify Foreign Corrupt Practices Act of 1977 ( Public Law 95–213 ; 91 Stat. 1494) cases involving Chinese companies that compete with United States businesses. (10) Increase efforts to improve Chinese responses to requests under the Mutual Legal Assistance Agreement with the United States. (11) Evaluate whether additional legislative and administrative authorities are required to protect United States assets from foreign economic aggression. (d) Requirement Under the CCP Initiative— (1) all investigations and prosecutions shall be set as priority and not based on discretion; (2) the Initiative must be separate from and not under the authority or discretion of any other Department of Justice initiative dedicated to countering nation-state threats; and (3) all resources used for the CCP Initiative must solely be set aside for the CCP Initiative and cannot be combined to support any other Department of Justice program, including other programs and initiatives dedicated to countering nation-state threats. (e) Annual briefing The Attorney General shall brief the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives annually on the progress and challenges of the CCP Initiative. (f) Sunset This Act is effective beginning on the date of enactment of this Act and ending on the date that is 6 years after that date. (g) Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provisions of such to any person or circumstance, shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s3960is/xml/BILLS-117s3960is.xml |
117-s-3961 | II 117th CONGRESS 2d Session S. 3961 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Daines (for himself 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 permit a registered investment company to omit certain fees from the calculation of acquired fund fees and expenses, and for other purposes.
1. Short title This Act may be cited as the Access to Small Business Investor Capital Act . 2. Amendments to acquired fund fees and expenses reporting on investment company registration statements (a) Definitions In this section: (1) Acquired fund The term acquired fund has the meaning given the term in Form N–1A, Form N–2, and Form N–3. (2) Acquired fund fees and expenses The term acquired fund fees and expenses means the acquired fund fees and expenses subcaption in the fee table disclosure. (3) Business development company The term business development company has the meaning given the term in section 2(a) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a) ). (4) Fee table disclosure The term fee table disclosure means the fee table described in item 3 of Form N–1A, item 3 of Form N–2, or item 4 of Form N–3 (as applicable, and with respect to each, in any successor fee table disclosure that the Securities and Exchange Commission adopts). (5) Form N–1A The term Form N–1A means the form described in section 274.11A of title 17, Code of Federal Regulations, or any successor regulation. (6) Form N–2 The term Form N–2 means the form described in section 274.11a–1 of title 17, Code of Federal Regulations, or any successor regulation. (7) Form N–3 The term Form N–3 means the form described in section 274.11b of title 17, Code of Federal Regulations, or any successor regulation. (8) Registered investment company The term registered investment company means an investment company, as defined in section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ), registered with the Securities and Exchange Commission under that Act. (b) Excluding business development companies from Acquired Fund Fees and Expenses A registered investment company may, on any investment company registration statement filed pursuant to section 8(b) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–8(b) )— (1) omit from the calculation of acquired fund fees and expenses those fees and expenses that the investment company incurred indirectly as a result of investment in shares of 1 or more acquired funds that is a business development company; and (2) instead disclose in a footnote to the fee table disclosure those fees and expenses described in paragraph (1), calculated according to the acquired fund fees and expenses formula. | https://www.govinfo.gov/content/pkg/BILLS-117s3961is/xml/BILLS-117s3961is.xml |
117-s-3962 | II 117th CONGRESS 2d Session S. 3962 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Lankford (for himself, Mr. King , Mr. Cornyn , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a comprehensive United States strategy to address the national security threat posed by the People’s Republic of China’s control of nearly 2/3 of the global supply of critical minerals, and for other purposes.
1. Short title This Act may be cited as the Quad Critical Minerals Partnership Act . 2. Findings Congress makes the following findings: (1) The People’s Republic of China is the global leader in mining, refining, and component manufacturing of critical minerals, producing approximately 85 percent of the world’s supply between 2011 and 2017. (2) In 2019, the United States imported an estimated 80 percent of its critical minerals from the People’s Republic of China. (3) On March 26, 2014, the World Trade Organization ruled that the People’s Republic of China’s export restraints on critical minerals violated its obligations under its protocol of accession to the World Trade Organization, thereby harming United States manufacturers and workers. (4) The Chinese Communist Party has threatened to leverage the People’s Republic of China’s dominant position in the critical minerals market to strike back at the United States. (5) The Quadrilateral Security Dialogue is a strategic security dialogue comprised of the United States, Australia, Japan, and India that facilitates multilateral cooperation in areas of shared interest to advance a free and open Indo-Pacific region. (6) The Quadrilateral Security Dialogue is an effective partnership for reliable multilateral financing, development, and distribution of goods for global consumption, as evidenced by the Quad Vaccine Partnership announced on March 12, 2021. 3. Sense of Congress It is the sense of Congress that— (1) the People’s Republic of China’s dominant share of the global critical minerals market is a threat to the economic stability, well-being, and competitiveness of key industries in the United States; (2) the United States should reduce reliance on the People’s Republic of China for critical minerals through— (A) strategic investments in development projects, production technologies, and refining facilities in the United States; or (B) in partnership with strategic allies of the United States that are reliable trading partners, including members of the Quadrilateral Security Dialogue; (3) the United States International Development Finance Corporation should collaborate with its counterpart entities in Japan, Australia, and India to finance a more reliable and secure supply chain of critical minerals; and (4) the United States Trade Representative should initiate multilateral talks among the countries of the Quadrilateral Security Dialogue to promote shared investment and development of critical minerals. 4. Statement of policy It is the policy of the United States— (1) to pursue a more reliable and secure supply chain of critical minerals; (2) to reduce reliance on the People’s Republic of China for critical minerals; and (3) to partner, consult, and coordinate with the governments of the countries in the Quadrilateral Security Dialogue in a concerted effort to make significant strategic investments in development projects, production technologies, and refining facilities for critical minerals. 5. Comprehensive strategy (a) In general The President shall establish a comprehensive strategy to address the national security threat posed by the People’s Republic of China’s control of nearly 2/3 of the global supply of critical minerals by developing a more reliable and secure supply chain of critical minerals. (b) Elements The strategy required by subsection (a) shall include efforts to develop a more reliable and secure supply chain of critical minerals, including the following: (1) Plans to partner, consult, and coordinate with the governments of the other countries in the Quadrilateral Security Dialogue in a concerted effort to make significant strategic investments in development projects, production technologies, and refining facilities. (2) A strategy to leverage the partnership of the United States International Development Finance Corporation and its counterpart entities in those countries. (3) A strategy to decrease trade barriers for the development, production, refinement, and shipment of critical minerals among those countries. (c) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the strategy required by subsection (a). (2) Elements The report required in paragraph (1) shall include— (A) a description of the extent of the engagement of the United States International Development Finance Corporation with the governments of the other countries of the Quadrilateral Security Dialogue to promote shared investment and development of critical minerals; and (B) a description of the work of the United States Trade Representative to engage with the government of those countries to decrease trade barriers for the development, production, refinement, and transportation of critical minerals. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Finance, the Committee on Foreign Relations, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Ways and Means, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives. 6. Prioritization of support by United States International Development Finance Corporation The United States International Development Finance Corporation shall prioritize providing support under title II of the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9621 et seq. ) for development projects, production technologies, and refining facilities for critical minerals that the Corporation determines will— (1) contribute to the development of a more reliable and secure supply chain of critical minerals; (2) reduce reliance on the People’s Republic of China for critical minerals; and (3) facilitate cooperation with the governments of the other countries in the Quadrilateral Security Dialogue in a concerted effort to make significant strategic investments in development projects, production technologies, and refining facilities for critical minerals. 7. Initiation of multilateral discussions by United States Trade Representative The United States Trade Representative shall initiate multilateral discussions with the governments of the other countries in the Quadrilateral Security Dialogue for the purpose of— (1) developing a more reliable and secure supply chain of critical minerals; (2) reducing reliance on the People’s Republic of China for critical minerals; and (3) facilitating cooperation with those governments in a concerted effort to make significant strategic investments in development projects, production technologies, and refining facilities for critical minerals. 8. Definition of critical mineral In this Act, the term critical mineral has the meaning given that term in section 7002(a) of the Energy Act of 2020 (division Z of Public Law 116–260 ; 30 U.S.C. 1606(a) ). | https://www.govinfo.gov/content/pkg/BILLS-117s3962is/xml/BILLS-117s3962is.xml |
117-s-3963 | II 117th CONGRESS 2d Session S. 3963 IN THE SENATE OF THE UNITED STATES March 30, 2022 Ms. Cortez Masto (for herself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To protect survivors from brain injury by authorizing the Secretary of Health and Human Services to collect data on the prevalence of brain injuries resulting from domestic and sexual violence.
1. Short title This Act may be cited as the Protecting Survivors from Traumatic Brain Injury Act of 2022 . 2. Data collection (a) Collection of data on brain injuries related to domestic and sexual violence (1) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall collect data on the prevalence of brain injuries resulting from domestic and sexual violence in order to assist the Department in understanding, addressing, and allocating resources to reduce and treat such injuries and the cause of such injuries. (2) Collection In carrying out paragraph (1), the Secretary shall distribute a survey that follows up on, and operates under the National Intimate Partner and Sexual Violence Survey (NISVS) that will ask questions about the prevalence and circumstances surrounding brain injuries due to domestic and sexual violence. The Secretary shall allow for data collection for not fewer than 2 years. (3) Privacy Data shall be collected, stored, and analyzed under this section in a manner that protects individual privacy and confidentiality. (b) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to relevant congressional committees, and post on the website of the Department of Health and Human Services, a report that shall contain— (1) an analysis of the data collected under subsection (a) relating to the connection between domestic and sexual violence and brain injuries; and (2) a description of the steps that the Department of Health and Human Services is taking to increase awareness, increase services, decrease prevalence, and otherwise respond to the public health issue of brain injury that results from domestic and sexual violence. (c) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. Amounts appropriated under this subsection shall remain available for a 3-year period. (d) Definition In this section, the term brain injury means an injury that impacts the function of the brain as a result of trauma, choking, or strangulation due to domestic or sexual violence. | https://www.govinfo.gov/content/pkg/BILLS-117s3963is/xml/BILLS-117s3963is.xml |
117-s-3964 | II 117th CONGRESS 2d Session S. 3964 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Moran 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 modify the family caregiver program of the Department of Veterans Affairs to include services related to mental health and neurological disorders, and for other purposes.
1. Short title This Act may be cited as the Reinforcing Enhanced Support through Promoting Equity for Caregivers Act of 2022 or the RESPECT Act of 2022 . 2. Modification of family caregiver program of Department of Veterans Affairs to include services related to mental health and neurological disorders (a) In general Section 1720G of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)(C)— (i) in clause (iii), by striking ; or and inserting a semicolon; (ii) by redesignating clause (iv) as clause (v); and (iii) by inserting after clause (iii) the following new clause (iv): (iv) a diagnosed mental illness or history of suicidal ideation within the past three years that puts the veteran at risk of self-harm; or ; (B) in paragraph (3)— (i) in subparagraph (A)(ii)(VI)— (I) in item (aa), by striking ; and and inserting a semicolon; (II) in item (bb), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following new item: (cc) mental health treatment and counseling services. ; and (ii) in subparagraph (C)— (I) in clause (iii)— (aa) in the matter preceding subclause (I)— (AA) by striking or regular instruction and inserting , regular instruction ; and (BB) by inserting or a diagnosis of mental illness or history of suicidal ideation that puts the veteran at risk of self-harm under paragraph (2)(C)(iv), before the Secretary shall ; (bb) in subclause (II), by inserting before the period at the end the following: , or assistance relating to the risk of self-harm of the veteran, as the case may be ; and (cc) in subclause (III), by striking such supervision, protection, or instruction to the veteran and inserting to the veteran such supervision, protection, or instruction, or assistance relating to the risk of self-harm of the veteran, as the case may be ; and (II) by adding at the end the following new clauses: (v) (I) For purposes of determining the amount and degree of personal care services provided under clause (i) with respect to a veteran described in subclause (II), the Secretary shall take into account relevant documentation evidencing the provision of personal care services with respect to the veteran during the preceding three-year period. (II) A veteran described in this subclause is a veteran whose need for personal care services as described in paragraph (2)(C) is based in whole or in part on— (aa) a diagnosis of mental illness or history of suicidal ideation that puts the veteran at risk of self-harm under clause (iv) of such paragraph; or (bb) a neurological disorder. ; and (C) by adding at the end the following new paragraph: (14) The Secretary shall establish a process and requirements for clinicians of facilities of the Department— (A) to document incidents in which an eligible veteran presents at such a facility for treatment for an emergent or urgent mental health crisis or an eligible veteran is assessed by such a clinician to be at risk for suicide; and (B) provide such documentation to the program established under paragraph (1). ; and (2) in subsection (d), by adding at the end the following new paragraph: (5) The term qualified mental health professional means a psychiatrist, psychologist, licensed clinical social worker, psychiatric nurse, or other licensed mental health professional as the Secretary considers appropriate. . (b) Timing for establishment of requirements and processes (1) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall— (A) establish the process and requirements required under paragraph (14) of section 1720G(a) of title 38, United States Code, as added by subsection (a)(1)(C); and (B) submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a description of such process and requirements. (2) Certification (A) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall require all clinicians of facilities of the Department to certify to the Secretary that the clinician understands the process and requirements established under paragraph (1)(A). (B) Facilities of the Department defined In this paragraph, the term facilities of the Department has the meaning given that term in section 1701 of title 38, United States Code. 3. Requirements relating to evaluations, assessments, and reassessments relating to eligibility of veterans and caregivers for family caregiver program (a) In general Subsection (a) of section 1720G of title 38, United States Code, as amended by section 2(a)(1), is further amended by adding at the end the following new paragraphs: (15) (A) For purposes of conducting evaluations and assessments to determine eligibility of a veteran and caregiver for the program established under paragraph (1) or conducting reassessments to determine continued eligibility for such program, the Secretary shall— (i) take into account relevant documentation and medical records generated by non-Department health care providers, including qualified mental health professionals and neurological specialists; (ii) if the caregiver of the veteran claims that the serious injury or need for personal care services of the veteran as described in paragraph (2) is based in whole or in part on psychological trauma or another mental disorder, ensure— (I) a qualified mental health professional that treats the veteran participates in the evaluation process; and (II) a qualified mental health professional participates in the assessment or reassessment process; and (iii) if the caregiver of the veteran claims that the serious injury or need for personal care services of the veteran as described in paragraph (2) is based in whole or in part on a neurological disorder, ensure— (I) a neurological specialist that treats the veteran participates in the evaluation process; and (II) a neurological specialist participates in the assessment or reassessment process. (B) (i) The Secretary shall establish an appropriate time limit during a 24-hour period for the active participation of a veteran in an evaluation, assessment, or reassessment to determine eligibility of the veteran for the program established under paragraph (1). (ii) In determining an appropriate time limit for a veteran under clause (i), the Secretary shall— (I) take into consideration necessary accommodations for the veteran stemming from the disability or medical condition of the veteran; and (II) consult with the primary care provider, neurological specialist, or qualified mental health professional that is treating the veteran. (C) The Secretary shall not require the presence of a veteran during portions of an evaluation, assessment, or reassessment to determine eligibility of the veteran for the program established under paragraph (1) that only require the active participation of the caregiver. (D) (i) The Secretary shall make reasonable efforts to assist a caregiver and veteran in obtaining evidence necessary to substantiate the claims of the caregiver and veteran in the application process for evaluation, assessment, or reassessment for the program established under paragraph (1). (ii) (I) As part of the assistance provided to a caregiver or veteran under clause (i), the Secretary shall make reasonable efforts to obtain relevant private records that the caregiver or veteran adequately identifies to the Secretary. (II) Whenever the Secretary, after making reasonable efforts under subclause (I), is unable to obtain all of the relevant records sought, the Secretary shall notify the caregiver and veteran that the Secretary is unable to obtain records with respect to the claim, which shall include— (aa) an identification of the records the Secretary is unable to obtain; (bb) a brief explanation of the efforts that the Secretary made to obtain such records; and (cc) an explanation that the Secretary will make a determination based on the evidence of record and that this clause does not prohibit the submission of records at a later date if such submission is otherwise allowed. (III) The Secretary shall make not fewer than two requests to a custodian of a private record in order for an effort to obtain such record to be treated as reasonable under subclause (I), unless it is made evident by the first request that a second request would be futile in obtaining such record. (iii) Under regulations prescribed by the Secretary, the Secretary— (I) shall encourage a caregiver and veteran to submit relevant private medical records of the veteran to the Secretary to substantiate the claims of the caregiver and veteran in the application process for evaluation, assessment, or reassessment for the program established under paragraph (1) if such submission does not burden the caregiver or veteran; and (II) may require the caregiver or veteran to authorize the Secretary to obtain such relevant private medical records if such authorization is required to comply with Federal, State, or local law. (16) (A) The Secretary, in consultation with a health care provider, neurological specialist, or qualified mental health professional that is treating a veteran, shall waive the reassessment requirement for the veteran for participation in the program established under paragraph (1) if— (i) the serious injury of the veteran under paragraph (2) is significantly caused by a degenerative or chronic condition; and (ii) such condition is unlikely to improve the dependency of the veteran for personal care services. (B) The Secretary shall require a health care provider, neurological specialist, or qualified mental health professional that is treating a veteran to annually certify the clinical decision of the provider, specialist, or professional under subparagraph (A). (C) The Secretary may rescind a waiver under subparagraph (A) with respect to a veteran and require a reassessment of the veteran if a health care provider, neurological specialist, or qualified mental health professional that is treating the veteran makes a clinical determination that the level of dependency of the veteran for personal care services has diminished since the last certification of the clinical decision of the provider, specialist, or professional under subparagraph (B). . (b) Definition Subsection (d) of such section, as amended by section 2(a)(2), is further amended— (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following new paragraph (4): (4) The term neurological specialist means a neurologist, neuropsychiatrist, physiatrist, geriatrician, certified brain injury specialist, neurology nurse, neurology nurse practitioner, neurology physician assistant, or such other licensed medical professional as the Secretary considers appropriate. . 4. Requirements relating to provision of grants for assistance to family caregivers of veterans (a) Distribution of grants Section 1720G(a)(3) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (E) (i) The Secretary shall distribute grants provided under subparagraph (A)(ii)(VI) to entities eligible for the provision of such a grant in geographically dispersed areas. (ii) In providing grants to entities under subparagraph (A)(ii)(VI), the Secretary shall provide equal consideration to national, regional, and local organizations, in an effort to adequately serve individuals in need of services provided pursuant to such a grant. . (b) Grant program requirements (1) Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin the rulemaking process to establish a grant program under each of items (aa), (bb), and (cc) of section 1720G(a)(3)(A)(ii)(VI) of title 38, United States Code, as amended by section 2(a)(1)(B)(i), to provide grants under such items. (2) Report (A) In general Not later than one year after the date on which the first grant is provided after the date of the enactment of this Act under a grant program established under paragraph (1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and Committee on Veterans’ Affairs of the House of Representatives a report on the provision of grants under each such program. (B) Elements The report required by subparagraph (A) shall include the following: (i) An assessment of the effectiveness of the grant programs established under paragraph (1), including— (I) the number of individuals who benefitted from each grant program in each Veterans Integrated Service Network of the Department of Veterans Affairs; and (II) an assessment of the effectiveness of increasing engagement by individuals eligible for such programs in mental health care treatment and services, financial planning services, and legal services in each Veterans Integrated Service Network. (ii) A list of recipients of grants under each such program and their partner organizations, if applicable, that delivered services funded by the grant and the amount of such grant received by each recipient and partner organization. | https://www.govinfo.gov/content/pkg/BILLS-117s3964is/xml/BILLS-117s3964is.xml |
117-s-3965 | II 117th CONGRESS 2d Session S. 3965 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Moran introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide that broker-dealers who provide research services to an investment manager and receive payments from certain accounts is not an investment adviser, and for other purposes.
1. Short title This Act may be cited as the Increasing Access to Adviser Information Act . 2. Definition of investment adviser Section 202(a)(11) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a)(11) ) is amended by striking or (H) and inserting (H) any broker or dealer who provides research services to an investment manager and accepts payment for those services from the investment manager's own money, from a research payment account funded with money from a client of the investment manager, or a combination thereof, provided that the payment method of the investment manager is subject to, either directly or by contractual obligation, the Directive 2014/65/EU of the European Parliament, the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, as implemented by the European Union member states, or any other law from any foreign jurisdiction that is substantially similar to that directive and the implementing rules and regulations of that directive; or (I) . | https://www.govinfo.gov/content/pkg/BILLS-117s3965is/xml/BILLS-117s3965is.xml |
117-s-3966 | II 117th CONGRESS 2d Session S. 3966 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Moran introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Act of 1933 to define secondary offerings of Regulation A tier 2 securities as covered securities for purposes of an exemption from State regulation, and for other purposes.
1. Short title This Act may be cited as the Facilitating Main Street Offerings Act . 2. Exemption from State regulation of securities Section 18(b)(4)(A) of the Securities Act of 1933 ( 15 U.S.C. 77r(b)(4)(A) ) is amended by inserting or pursuant to all disclosure obligations of section 3(b)(2) of this Act and any regulations issued under that section before the semicolon. | https://www.govinfo.gov/content/pkg/BILLS-117s3966is/xml/BILLS-117s3966is.xml |
117-s-3967 | II 117th CONGRESS 2d Session S. 3967 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Moran introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Act of 1933 to preempt State securities law requiring registration for secondary transactions, and for other purposes.
1. Short title This Act may be cited as the Improving Crowdfunding Opportunities Act . 2. Crowdfunding revisions (a) Exemption from State regulation Section 18(b)(4)(A) of the Securities Act of 1933 ( 15 U.S.C. 77r(b)(4)(A) ) is amended by striking pursuant to section and all that follows through the semicolon at the end and inserting the following: “pursuant to— (i) section 13 or 15(d) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m , 78o(d)); or (ii) section 4A(b) or any regulation issued under that section; . (b) Liability for material misstatements and omissions Section 4A(c) of the Securities Act of 1933 ( 15 U.S.C. 77d–1(c) ) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: (3) Liability of funding portals For the purposes of this subsection, a funding portal, as that term is defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ), shall not be considered to be an issuer unless, in connection with the offer or sale of a security, the funding portal knowingly— (A) makes any untrue statement of a material fact or omits to state a material fact in order to make the statements made, in light of the circumstances under which they are made, not misleading; or (B) engages in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. . (c) Applicability of Bank Secrecy Act requirements (1) Securities Act of 1933 Section 4A(a) of the Securities Act of 1933 ( 15 U.S.C. 77d–1(a) ) is amended— (A) in paragraph (11), by striking and at the end; (B) in paragraph (12), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (13) not be subject to the recordkeeping and reporting requirements relating to monetary instruments under subchapter II of chapter 53 of title 31, United States Code. . (2) Title 31, United States Code Section 5312 of title 31, United States Code, is amended by striking subsection (c) and inserting the following: (c) Additional clarification The term financial institution (as defined in subsection (a))— (1) includes any futures commission merchant, commodity trading advisor, or commodity pool operator registered, or required to register, under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ); and (2) does not include a funding portal, as that term is defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). . (d) Provision of impersonal investment advice and recommendations Section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ) is amended— (1) by redesignating the second paragraph (80) (relating to funding portals) as paragraph (81); and (2) in paragraph (81)(A), as so redesignated, by inserting after recommendations the following: (other than by providing impersonal investment advice by means of written material, or an oral statement, that does not purport to meet the objectives or needs of a specific individual or account) . | https://www.govinfo.gov/content/pkg/BILLS-117s3967is/xml/BILLS-117s3967is.xml |
117-s-3968 | II 117th CONGRESS 2d Session S. 3968 IN THE SENATE OF THE UNITED STATES March 30, 2022 Ms. Warren (for herself, Mr. Heinrich , Ms. Smith , Ms. Klobuchar , Mr. Booker , Ms. Baldwin , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve State, local, and Tribal public health security.
1. Short title This Act may be cited as the CDC Tribal Public Health Security and Preparedness Act . 2. Improving State, local, and Tribal public health security Section 319C–1 of the Public Health Service Act ( 42 U.S.C. 247d–3a ) is amended— (1) in the section heading, by striking and local and inserting , local, and Tribal ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by striking or at the end; (ii) in subparagraph (C), by striking and at the end and inserting or ; and (iii) by adding at the end the following: (D) be an Indian Tribe, a Tribal organization, or a consortium of Indian Tribes or Tribal organizations; and ; and (B) in paragraph (2)— (i) in subparagraph (A)(viii)— (I) by inserting and Tribal after with State ; (II) by striking (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) and inserting and Tribal educational agencies (as defined in sections 8101 and 6132, respectively, of the Elementary and Secondary Education Act of 1965) ; and (III) by inserting and Tribal after and State ; (ii) in subparagraph (G), by inserting (including Indian Tribes, Tribal organizations, and urban Indian organizations) after stakeholders ; and (iii) in subparagraph (H), by inserting , Indian Tribes, and urban Indian organizations after public health ; (3) in subsection (e), by inserting Indian Tribes, Tribal organizations, urban Indian organizations, after local emergency plans, ; (4) in subsection (h)— (A) by amending subparagraph (A) of paragraph (1) to read as follows: (A) In general For the purpose of carrying out this section, there is authorized to be appropriated $750,000,000 for each of fiscal years 2023 through 2025 for awards pursuant to paragraph (3) (subject to the authority of the Secretary to make awards pursuant to paragraphs (4) and (5)) and paragraph (8), of which not less than 5 percent shall be reserved each fiscal year for awards under paragraph (8). ; (B) in the heading of paragraph (3), by inserting for States after amount ; and (C) by adding at the end the following: (8) Tribal eligible entities (A) Determination of funding amount (i) In general The Secretary shall award at least 10 cooperative agreements under this section, in amounts not less than the minimum amount determined under clause (ii), to eligible entities described in subsection (b)(1)(D) that submit to the Secretary an application that meets the criteria of the Secretary for the receipt of such an award and that meets other reasonable implementation conditions established by the Secretary, in consultation with Indian Tribes, for such awards. (ii) Minimum amount In determining the minimum amount of an award pursuant to clause (i), the Secretary, in consultation with Indian Tribes, shall first determine an amount the Secretary considers appropriate for the eligible entity. (B) Available until expended Amounts provided to a Tribal eligible entity under a cooperative agreement under this section for a fiscal year and remaining unobligated at the end of such year shall remain available to such entity during the entirety of the performance period, for the purposes for which said funds were provided. (C) No matching requirement Subparagraphs (B) and (C) of paragraph (1) shall not apply with respect to cooperative agreements awarded under this section to eligible entities described in subsection (b)(1)(D). ; and (5) by adding at the end the following: (l) Special rules related to Tribal eligible entities (1) Modifications After consultation with Indian Tribes, the Secretary may make necessary and appropriate modifications with respect to subsections (b)(2), (g), and (i) to facilitate the use of the cooperative agreement program by eligible entities described in subsection (b)(1)(D). (2) Waivers (A) In general Except as provided in subparagraph (B), the Secretary shall waive or specify alternative requirements for any provision of this section (including regulations) that the Secretary administers in connection with this section if the Secretary, after consultation with Indian Tribes, finds that the waiver or alternative requirement is appropriate for the effective delivery and administration of this program with respect to eligible entities described in subsection (b)(1)(D). (B) Exception The Secretary may not waive or specify alternative requirements under subparagraph (A) relating to labor standards or the environment. (3) Consultation The Secretary shall consult with Indian Tribes and Tribal organizations on the design of this program with respect to such Tribes and organizations to ensure the effectiveness of the program in enhancing the security of Indian Tribes with respect to public health emergencies. (4) Reporting (A) In general Not later than 2 years after the date of enactment of this subsection, and as an addendum to the biennial evaluations required under subsection (k), the Secretary, in coordination with the Director of the Indian Health Service, shall— (i) conduct a review of the implementation of this section with respect to eligible entities described in subsection (b)(1)(D), including any factors that may have limited its success; (ii) compile a report containing— (I) a description of the results of the review described in clause (i); (II) a breakdown of the eligible entities described in subsection (b)(1)(D) that— (aa) received an award under this section; (bb) received an award under this section and a waiver as described in paragraph (2); and (cc) applied under this section but did not receive an award; (III) a list of any requirements of this section for which the Secretary provided a waiver or alternative requirement, and the reasoning for issuing a waiver or alternative requirement; and (IV) recommendations to Congress for program modifications necessary to improve the implementation of the program with respect to eligible entities described in subsection (b)(1)(D); and (iii) submit the report described in clause (ii) to— (I) the Committee on Indian Affairs, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate; and (II) the Subcommittee on Indigenous People of the Committee on Natural Resources, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives. (B) Analysis of Tribal public health emergency infrastructure limitation The Secretary shall include in the initial report submitted under subparagraph (A) a description of any public health emergency infrastructure limitation encountered by eligible entities described in subsection (b)(1)(D). . | https://www.govinfo.gov/content/pkg/BILLS-117s3968is/xml/BILLS-117s3968is.xml |
117-s-3969 | II 117th CONGRESS 2d Session S. 3969 IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Luján (for himself, Mr. Blunt , Ms. Klobuchar , Ms. Smith , and Mr. Heinrich ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To amend the Help America Vote Act of 2002 to explicitly authorize distribution of grant funds to the voting accessibility protection and advocacy system of the Commonwealth of the Northern Mariana Islands and the system serving the American Indian consortium, and for other purposes.
1. Short title This Act may be cited as the Protection and Advocacy for Voting Access Program Inclusion Act or the PAVA Program Inclusion Act . 2. Authorizing payments to voting accessibility protection and advocacy systems serving the Commonwealth of the Northern Mariana Islands and the American Indian consortium (a) Recipients defined Section 291 of the Help America Vote Act of 2002 ( 52 U.S.C. 21061 ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: (c) Eligible grant recipients (1) Definition of state For the purposes of this section, the term State shall have the meaning given such term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (2) American indian consortium eligible A system serving the American Indian consortium for which funds have been reserved under section 509(c)(1)(B) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e(c)(1)(B) ) shall be eligible for payments under subsection (a) in the same manner as a protection and advocacy system of a State. . (b) Grant minimums for American Indian consortium Section 291(b) of such Act ( 52 U.S.C. 21061(b) ) is amended— (1) by inserting (c)(1)(B), after as set forth in subsections ; and (2) by striking subsections (c)(3)(B) and (c)(4)(B) of that section shall be not less than $70,000 and $35,000, respectively. and inserting the following: subsection (c)(3)(B) shall not be less than $70,000, and the amount of the grants to systems referred to in subsections (c)(1)(B) and (c)(4) shall not be less than $35,000. . 3. Effective date The amendments made by section 2 shall take effect at the start of the first fiscal year starting after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3969cps/xml/BILLS-117s3969cps.xml |
117-s-3970 | II 117th CONGRESS 2d Session S. 3970 IN THE SENATE OF THE UNITED STATES March 31, 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 establish reporting requirements for issuers of fiat currency-backed stablecoins, and for other purposes.
1. Short title This Act may be cited as the Stablecoin Transparency Act . 2. Stablecoin issuer requirements (a) Definitions In this section: (1) Fiat currency-backed stablecoin The term fiat currency-backed stablecoin means a fiat currency-backed digital asset— (A) that maintains price stability by backing the value of the digital asset to a nondigital currency that is denominated in the same currency in which the digital asset is issued; and (B) is redeemable on a one-to-one basis in the denominated currency to which the digital asset is backed. (2) Stablecoin issuer The term stablecoin issuer means a person that issues a fiat currency-backed stablecoin. (b) Reserves Each stablecoin issuer shall hold all reserves associated with each fiat currency-backed stablecoin issued by such stablecoin issuer in— (1) government securities that have maturities of not longer than 12 months; (2) fully collateralized security repurchase agreements; or (3) United States dollars or any other nondigital currency. (c) Reserve reports Not later than 30 days after the date of enactment of this Act and every 30 days thereafter, each stablecoin issuer shall publish on the website of the stablecoin issuer a report on the reserves held by the stablecoin issuer that has been audited by a third-party auditor. | https://www.govinfo.gov/content/pkg/BILLS-117s3970is/xml/BILLS-117s3970is.xml |
117-s-3971 | II 117th CONGRESS 2d Session S. 3971 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Inhofe introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the America's Water Infrastructure Act of 2018 to modify a provision relating to cost-sharing requirements applicable to certain Bureau of Reclamation dams and dikes, and for other purposes.
1. Cost-sharing requirements applicable to certain Bureau of Reclamation dams and dikes Section 4309 of the America’s Water Infrastructure Act of 2018 ( 43 U.S.C. 377b note; Public Law 115–270 ) is amended— (1) in the section heading, by inserting dams and before dikes ; (2) in subsection (a), by striking effective beginning on the date of enactment of this section, the Federal share of the operations and maintenance costs of a dike described in subsection (b) and inserting the Federal share of the dam safety modifications costs of a dike described in subsection (c) ; (3) by redesignating subsection (b) as subsection (c); (4) by inserting after subsection (a) the following: (b) Gate repairs Notwithstanding any other provision of law (including regulations), effective during the 10-year period beginning on the date of enactment of this Act, the Federal share of the costs to repair or replace a gate and any ancillary gate components of a dam described in subsection (c) shall be 100 percent. ; and (5) in subsection (c) (as so redesignated)— (A) in the subsection heading, by inserting dams and before dikes ; (B) in the matter preceding paragraph (1), by striking A dike referred to in subsection (a) is a and inserting A dam or dike referred to in subsections (a) and (b) is a dam or ; and (C) in paragraph (2), by striking December 31, 1945 and inserting December 31, 1948 . | https://www.govinfo.gov/content/pkg/BILLS-117s3971is/xml/BILLS-117s3971is.xml |
117-s-3972 | II 117th CONGRESS 2d Session S. 3972 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Booker (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve research and data collection on stillbirths, and for other purposes.
1. Short title This Act may be cited as the Stillbirth Health Improvement and Education for Autumn Act of 2022 or the SHINE for Autumn Act of 2022 . 2. Stillbirth research and data collection improvements Title III of the Public Health Service Act is amended by inserting after section 317L–1 of such Act ( 42 U.S.C. 247b–13a ) the following: 317L–2. Stillbirth research and data collection improvements (a) Stillbirth surveillance and risk factor studies (1) In general The Secretary may award grants to States for purposes of— (A) conducting surveillance and collecting data with respect to stillbirths; (B) building State and local public health capacity to assess stillbirth data; and (C) collecting and reporting data on stillbirth risk factors, including any quantifiable outcomes with respect to such risk factors. (2) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027. (b) Guidelines and educational awareness materials (1) In general The Secretary shall— (A) issue guidelines to State departments of health and State and local vital statistics units on— (i) collecting data on stillbirth from health care providers, and with the consent of the family involved, including any such data with respect to the clinical history, postmortem examination, and placental pathology; (ii) sharing such data with Federal agencies determined appropriate by the Director of the Centers for Disease Control and Prevention; and (iii) improving processes and training related to stillbirth data collection and reporting to ensure standardization and completeness of data; and (B) develop, and make publicly available, educational awareness materials on stillbirths. (2) Consultation In carrying out paragraph (1), the Secretary may consult with— (A) national health care professional associations; (B) national associations representing State and local public health officials; (C) organizations that assist families with burial support and bereavement services; (D) nurses and nurse practitioners; (E) obstetricians and gynecologists; (F) pediatricians; (G) maternal-fetal medicine specialists; (H) midwives; (I) mental health professionals; (J) statisticians; (K) individuals who have experienced a stillbirth; and (L) advocacy organizations representing such individuals. (3) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027. (c) Vital statistics unit defined In this section, the term vital statistics unit means the entity that is responsible for maintaining vital records for a State, or a political subdivision of such State, including official records of live births, deaths, fetal deaths, marriages, divorces, and annulments. . 3. Perinatal pathology fellowships The Public Health Service Act is amended by inserting after section 1122 of such Act ( 42 U.S.C. 300c–12 ) the following: 1123. Improving perinatal pathology (a) In general The Secretary shall establish and implement, or incorporate into an existing training program, a Perinatal Pathology Fellowship Program or a Postdoctoral Research Fellowship on Factors Associated with Stillbirth Program to— (1) provide training in perinatal autopsy pathology; (2) conduct research on, and improve data collection through fetal autopsies with respect to, stillbirth; and (3) address challenges in stillbirth education, research, and data collection. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2023 through 2027. . 4. Reports (a) Educational guidelines report (1) In general Not later than five years after the date of enactment of this Act, the Secretary of Health and Human Services shall publish on a public website of the Department of Health and Human Services a report with educational guidelines on stillbirth and stillbirth risk factors. (2) Contents Such report shall include, to the extent practicable and appropriate, the guidelines issued and educational awareness materials developed under section 317L–2 of the Public Health Service Act, as added by section 2 of this Act. (b) Progress report Not later than five years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a comprehensive report on the progress and effectiveness of the Perinatal Pathology Fellowship Program established under section 1123 of the Public Health Service Act, as added by section 3 of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3972is/xml/BILLS-117s3972is.xml |
117-s-3973 | II 117th CONGRESS 2d Session S. 3973 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To help local educational agencies replace zero-tolerance disciplinary policies and punitive discipline in elementary and secondary schools with restorative practices.
1. Short title This Act may be cited as the Restorative Practices in Schools Act of 2022 . 2. Purpose The purpose of this Act is to help local educational agencies replace zero-tolerance disciplinary policies and punitive discipline in elementary and secondary schools with restorative practices that— (1) provide an intentional approach to school safety and student well-being that addresses the needs of the whole child; (2) recognize student behavior as a result of underlying need, and childhood emotional and behavioral development; (3) build community and repair relationships while developing students’ proactive skills for conflict resolution, communication, problem-solving, and empathy; (4) reduce undesirable behavior; and (5) promote relationship-centered schools and safe, inclusive learning environments with positive school climates. 3. Definitions In this Act: (1) ESEA Terms The terms elementary school , evidence-based , local educational agency , parent , professional development , school leader , secondary school , Secretary , specialized instructional support personnel , and other staff have the meaning given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Program personnel The term program personnel means— (A) any agent of a local educational agency, including an individual who is employed by a local educational agency, or who performs services for a local educational agency on a contractual basis, including— (i) school leaders; (ii) educators; (iii) specialized instructional support personnel; (iv) paraprofessionals; or (v) other staff; and (B) a school-based law enforcement officer. (3) Restorative practices The term restorative practices means evidence-based practices that— (A) acknowledge and honor the dignity of students; (B) are proactive approaches that teach and build community, empathy, and accountability school-wide to reduce and discourage undesirable student behavior; (C) improve school climate, elevate students' voices, and strengthen all relationships in a school community; (D) may include— (i) strategies such as restorative dialogue, informal conferencing, proactive circles, and responsive circles; (ii) reactive strategies that address conflicts, individual incidents, and classroom-wide issues; and (iii) formal conferences, reintegration circles, and circles of support and accountability to cultivate empathy and repair harm; and (E) do not include mediation or school-based mediation to address bullying, harassment, or other forms of discrimination. (4) School-based law enforcement officer The term school-based law enforcement officer means any person, sworn or unsworn, who— (A) is assigned by the employing law enforcement agency to a local educational agency or school, who is contracting with a local educational agency or school, or who is employed by a local educational agency or school; (B) (i) has the power to detain, arrest, issue a citation, perform a custodial investigation, or refer a person to criminal or juvenile court; or (ii) is considered under State law to meet the definition of law enforcement; and (C) includes an individual referred to as a school resource officer , school safety agent , or a school police officer , if that individual meets the definition in subparagraphs (A) and (B). (5) School to prison pipeline The term school to prison pipeline means the use of discipline practices such as zero-tolerance policies that funnel students out of school and toward the juvenile legal and criminal legal systems. (6) Subgroup of students The term subgroup of students has the meaning given that term in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(2) ). 4. Grant program (a) In General The Secretary of Education shall award grants, on a competitive basis, to local educational agencies to enable those local educational agencies to implement and sustain restorative practices for elementary and secondary schools and to replace existing punitive models, in accordance with subsection (d). (b) Applications (1) In General Local educational agencies desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require, including— (A) information about— (i) the number of students served by that local educational agency who are in contact with the juvenile legal system at the time the application is submitted; (ii) the percentage of residents living in the area served by the local educational agency who are in contact with the legal justice system at the time the application is submitted; (iii) the percentage and number of residents living in the area served by the local educational agency who are admitted to correctional facilities each year; (iv) the percentage and number of residents living in the area served by the local educational agency who are on probation, parole, or any other form of community-based supervision at the time of the application; and (v) the percentage or number of students served by the local educational agency who— (I) received one or more in-school suspensions; (II) received one or more out-of-school suspensions; (III) were expelled because of zero-tolerance policies; (IV) were referred to a law enforcement agency or official; (V) were arrested for school-related activity; or (VI) received corporal punishment; (B) demographic information that shows evidence that the community served by the local educational agency is disproportionally impacted by the legal justice system or that marginalized subgroups in that community are disproportionally impacted by the legal justice system; (C) documentation of meaningful community engagement and stakeholder interest in establishing or expanding restorative practices at the local educational agency or schools served by the local educational agency, including engagement and interest of teachers’ unions and organizations, school leadership parent-teacher associations, student councils, and not less than 1 advocacy organization for each subgroup of students, and which may include other relevant groups; (D) a plan to implement evidence-based, restorative, equitable, and non-discriminatory school discipline practices that improve the climate of the local educational agency and that meet the requirements of subsection (c); (E) the number and percentage of exclusionary discipline practices implemented by the local educational agency, including suspensions and expulsions, as a whole and disaggregated by student subgroup, students experiencing homelessness, and students who are children and youth in foster care; (F) an assurance that the local educational agency will meet the requirements described in subsection (c); and (G) a description of whether the local educational agency meets the criteria described in subparagraph (A) or (B) of paragraph (3). (2) Priority In awarding grants under this section, the Secretary shall give priority to local educational agencies that— (A) serve communities that have been disproportionately impacted by the juvenile and criminal legal systems; (B) have disproportionally high rates of grade retention, suspensions, and expulsions for certain subgroups of students; (C) serve students in an area that has a high concentration of residents in poverty, including local educational agencies that are in the highest quartile of local educational agencies in a ranking of all qualified local educational agencies in the State ranked in descending order by the number or percentage of children in each agency counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); or (D) serve students in a rural community and need additional staff to support the implementation of restorative practices. (3) Grant applicant pools In awarding grants under this section, the Secretary shall evaluate applicants according to the following two distinct applicant pools: (A) Applicants seeking to implement restorative practices in one or more schools served by the local educational agency for the first time. (B) Applicants seeking to expand and sustain existing restorative practice programs in one or more schools served by the local educational agency or improve data collection systems under subsection (d)(4), as the case may be. (c) Requirements for grant recipients In order to receive a grant under this section a local educational agency shall submit an assurance to the Secretary as part of the application described in subsection (b) that the local educational agency will agree to— (1) hire a full-time employee (who shall not have academic teaching or administrative duties distinct from the responsibilities described in this paragraph and shall not be a law enforcement officer or a retired law enforcement officer) whose primary responsibility is to provide training, professional development, coaching, and oversight for restorative practices implementation in the local educational agency or schools served by the local educational agency; (2) fund ongoing restorative practices training, professional development, and on-site coaching for all program personnel, students, and interested parents; (3) eliminate— (A) zero-tolerance disciplinary policies at the local educational agency or at all elementary and secondary schools served by the local educational agency; or (B) the application of these policies to undesirable behavior to the greatest extent possible under State law; (4) adopt safety and discipline policies or codes of conduct that— (A) emphasize ways of maintaining safety that minimize the involvement of law enforcement (including school-based law enforcement officers and including U.S. Immigration and Customs Enforcement), to the greatest extent that is practicable and permitted under applicable Federal, State, and local laws; and (B) eliminate the use of exclusionary discipline policies, including suspensions and expulsions for undesirable student behavior to the greatest extent permitted by Federal, State, and local laws; (5) implement implicit bias, cultural competence, and anti-racist training for program personnel; (6) establish policies that limit when law enforcement can be called into schools, including by— (A) recognizing the local educational agency as the primary authority responsible for school climate and safety; (B) requiring that school discipline issues be handled by program personnel who are not school-based law enforcement officers, police, security officers, or other law enforcement, unless there is a real, immediate, specific, and credible threat of serious physical injury to a student, teacher, or other member of the school community; and (C) establishing that school administrators shall have final responsibility and jurisdiction over the building, the grounds, and all members of the school community, to the greatest extent permitted by law; (7) prohibit the issuance of tickets, summonses, and referrals of students to the juvenile or criminal legal systems for all school disciplinary matters and school status offenses; (8) provide proper notice and a right of action or appeals procedures for students, parents, and guardians involved in school discipline; (9) prohibit the use of metal detectors, facial recognition software, and other surveillance technology and approaches; and (10) prohibit the sharing of student data (personal and academic) with Federal, State, or local law enforcement, U.S. Immigration and Customs Enforcement, or other law enforcement, except as required by law. (d) Uses of grant funds A local educational agency shall use grant funds received under this section to support the implementation of restorative practices in elementary and secondary schools served by the local educational agency. Funds may be used to carry out one or more of the following activities: (1) Hiring additional full-time and part-time employees (including students and parents) to lead evidence-based, restorative practices at the district or school level. (2) Providing anti-racist, culturally competent, and linguistically responsive curriculum and material development and training to program personnel. (3) Providing trauma-informed or healing-centered engagement practice training. (4) If not already in place, developing data collection systems to accurately document behavior incidents as well as school responses to those incidents, such as restorative circles to support implementation of restorative practices. (5) Offering robust integrated student supports, such as wraparound services and social services necessary to address the underlying causes of undesirable student behavior, including hiring specialized instructional support personnel and related service providers such as psychologists, counselors, nurses, social workers, paraprofessionals, conflict resolution staff, and advisors, in a manner that is in accordance with— (A) evidence-based student-educator ratios; and (B) individual education plan requirements of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ). (6) Promoting partnerships and local liaisons in order to coordinate with existing social and community-based services and providers to connect youth with trusted and established resources. (7) Developing and implementing diversion programs for young people in their communities, such as— (A) truancy diversion; (B) truancy boards; (C) peer mediation; (D) alternative dispute resolution to reduce referrals to a court-designated worker; and (E) relationship-centered schools that support strong family and community engagement. (8) Providing training and professional development for program personnel to identify, de-escalate, and otherwise appropriately respond to student trauma and harm. (e) Reporting (1) local educational agency requirements Not later than 1 year after receiving a grant under this section, and each year thereafter, each local educational agency that receives a grant under this section shall provide to the Secretary— (A) a written assurance that— (i) the local educational agency or schools served by the local educational agency have been notified of and are in compliance with the requirements described under subsection (c); (ii) all program personnel of the local educational agency have received training with respect to such requirements; (iii) parents of students enrolled in the local educational agency or served by such local educational agency have been notified of those requirements with respect to the local educational agency based on receipt of the grant; and (iv) the notification required under clause (iii) is publicly available on the website of the local educational agency; and (B) a school climate report, which shall be publicly available in an easily accessible format on a school or district website, that includes a description of— (i) the policies and procedures of the local educational agency with respect exclusionary and aversive discipline practices or interventions in the local educational agency or schools served by the local educational agency; (ii) how the local educational agency plans to implement, is implementing, or has implemented restorative practices and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions in the local educational agency or schools served by the local educational agency; (iii) efforts of the local educational agency to ensure all program personnel receive the supports and training necessary to implement restorative practices; (iv) efforts of the local educational agency to ensure program personnel are implementing practices of anti-racism, cultural competence, and anti-bias to ensure the school environment is free from racial and other forms of harassment; (v) how the local educational agency has taken steps to ensure its restorative practices have centered on the needs of those who have been harmed by zero-tolerance disciplinary policies and punitive disciplinary practices; (vi) the number of students that are served by the local educational agency who engaged in some form of restorative practice during the reporting period and the kinds of restorative practices that were used, disaggregated and cross-tabulated based on race, gender, and disability status, and by category described under subsection (b)(1)(A)(v); (vii) the number of students that are served by the local educational agency that were subject to exclusionary discipline during the reporting period, which shall be disaggregated and cross-tabulated based on race, gender, and disability status; (viii) a demonstration of continued engagement among students, parents, and other stakeholders; and (ix) a plan that articulates how the local educational agency will sustain the use of restorative practices after the grant period is concluded. (2) Report The Secretary shall study data collected from the grant program under this section and other relevant programs and use such data to submit, not later than 3 years after the date of the enactment of this Act, and not less than once every 1 year thereafter, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and make publicly available, a report— (A) summarizing the information from grantees as described under paragraph (1); (B) highlighting strong examples of restorative practices in schools; (C) informing guidance on school discipline that can dramatically reduce the number of children who are funneled into the school to prison pipeline; and (D) containing recommendations about how schools can strengthen compliance with Federal civil rights laws. (f) Accountability If the Secretary determines that an entity has misused funds or failed to comply with program requirements, the Secretary may withhold funds until an entity comes into compliance, in accordance with part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ). 5. Study of restorative practices (a) In general The Comptroller General of the United States shall conduct a study on the school to prison pipeline for the purposes of— (1) identifying evidence-based interventions to improve student well-being and improve school climate, including restorative practices; and (2) examining the role of State and local legal, and education systems in exacerbating disparities among students (based on race, sex (including sexual orientation and gender identity), socioeconomic status, and disability status), including the disproportionate involvement of certain students in the legal system. (b) Duties Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate the study under subsection (a), which may include— (1) examining school discipline policies that are alternatives to exclusionary discipline practices, that include— (A) the models for professional development and family engagement in local educational agencies or States that have adopted and effectively implemented such policies; (B) a review of the research on the impact that such policies may have on student achievement, disproportionate discipline rates, and student well-being; and (C) the measurement tools used to collect, analyze, and respond to data related to student discipline, school climate, and student well-being after such policies have been implemented; (2) examining the consequences that disparities in school discipline policies may have on affected students, including impacts on learning loss and school completion rates, families, and local communities, including increasing trauma and other risk factors associated with the school to prison pipeline; (3) identifying harmful education and public safety policies that direct more students into the justice system and examples of efforts to disrupt such policies; and (4) elevating public health oriented approaches to improving student well-being and school climate. (c) Report Upon the conclusion of the study under subsection (a), the Comptroller General of the United States shall prepare and 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 Department of Education a report regarding the study and the conclusions and recommendations generated from the study. | https://www.govinfo.gov/content/pkg/BILLS-117s3973is/xml/BILLS-117s3973is.xml |
117-s-3974 | II 117th CONGRESS 2d Session S. 3974 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the consideration of patients' race, color, religion, sex, national origin, age, disability, vaccination status, veteran status, or political ideology or speech in determining eligibility for monoclonal antibody doses distributed by the Federal Government.
1. Short title This Act may be cited as the Ending Discrimination in COVID–19 Treatments Act . 2. Eligibility to receive monoclonal antibody treatment The Secretary of Health and Human Services shall require States, as a condition for receipt of monoclonal antibody doses from the Federal Government, to ensure that providers receiving distributions of such monoclonal antibody doses from such States do not take into consideration the race, color, religion, sex, national origin, age, disability, vaccination status, veteran status, or political ideology or speech of a patient in determining whether a patient is eligible to receive such treatment. | https://www.govinfo.gov/content/pkg/BILLS-117s3974is/xml/BILLS-117s3974is.xml |
117-s-3975 | II 117th CONGRESS 2d Session S. 3975 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Coons (for himself, Mr. Blunt , Mr. Durbin , Mr. Grassley , Ms. Klobuchar , Mr. Young , Ms. Hirono , Mrs. Capito , Mr. Cornyn , Mr. Wicker , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reauthorize the Victims of Child Abuse Act of 1990, and for other purposes.
1. Short title This Act may be cited as the Victims of Child Abuse Act Reauthorization Act of 2022 . 2. Improving investigation and prosecution of child abuse cases The Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20301 et seq. ) is amended— (1) in section 211 ( 34 U.S.C. 20301 )— (A) in paragraph (1)— (i) by striking 3,300,000 and inserting 3,400,000 ; and (ii) by striking , and drug abuse is associated with a significant portion of these ; (B) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; (C) by inserting afer paragraph (2) the following: (3) a key to a child victim healing from abuse is access to supportive and healthy families and communities; ; and (D) in paragraph (9)(B), as so redesignated, by inserting , and operations of centers before the period at the end; (2) in section 212 ( 34 U.S.C. 20302 )— (A) in paragraph (5), by inserting coordinated team before response ; and (B) in paragraph (8), by inserting organizational capacity before support ; (3) in section 213 ( 34 U.S.C. 20303 )— (A) in subsection (a)— (i) in the heading, by inserting and maintenance after Establishment ; (ii) in the matter preceding paragraph (1)— (I) by striking , in coordination with the Director of the Office of Victims of Crime, ; and (II) by inserting and maintain after establish ; (iii) in paragraph (3)— (I) by striking and victim advocates and inserting victim advocates, multidisciplinary team leadership, and children’s advocacy center staff ; and (II) by striking and at the end; (iv) by redesignating paragraph (4) as paragraph (5); (v) by inserting after paragraph (3) the following: (4) provide technical assistance, training, coordination, and organizational capacity support for State chapters; and ; and (vi) in paragraph (5), as so redesignated, by striking and oversight to and inserting organizational capacity support, and oversight of ; (B) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A), by inserting and maintain after establish ; and (II) in the matter following subparagraph (B), by striking and technical assistance to aid communities in establishing and inserting training and technical assistance to aid communities in establishing and maintaining ; and (ii) in paragraph (2)— (I) in subparagraph (A)— (aa) in clause (ii), by inserting Center after Advocacy ; and (bb) in clause (iii), by striking of, assessment of, and intervention in and inserting and intervention in child ; and (II) in subparagraph (B), by striking centers and interested communities and inserting centers, interested communities, and chapters ; and (C) in subsection (c)— (i) in paragraph (2)— (I) in subparagraph (B), by striking evaluation, intervention, evidence gathering, and counseling and inserting investigation and intervention in child abuse ; and (II) in subparagraph (E), by striking judicial handling of child abuse and neglect and inserting multidisciplinary response to child abuse ; (ii) in paragraph (3)(A)(i), by striking so that communities can establish multidisciplinary programs that respond to child abuse and inserting and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children’s advocacy centers in their State ; (iii) in paragraph (4)(B)— (I) in clause (iii), by striking and at the end; (II) in by redesignating clause (iv) as clause (v); and (III) by inserting after clause (iii) the following: (iv) best result in supporting chapters in each State; and ; and (iv) in paragraph (6), by inserting under this Act after recipients ; (4) in section 214 ( 34 U.S.C. 20304 )— (A) by striking subsection (a) and inserting the following: (a) In general The Administrator shall make grants to— (1) establish and maintain a network of care for child abuse victims where investigation, prosecutions, and interventions are continually occurring and coordinating activities within local children’s advocacy centers and multidisciplinary teams; (2) develop, enhance, and coordinate multidisciplinary child abuse investigations, intervention, and prosecution activities; (3) promote the effective delivery of the evidence-based, trauma-informed Children's Advocacy Center Model and the multidisciplinary response to child abuse; and (4) develop and disseminate practice standards for care and best practices in programmatic evaluation, and support State chapter organizational capacity and local children’s advocacy center organizational capacity and operations in order to meet such practice standards and best practices. ; (B) in subsection (b), by striking , in coordination with the Director of the Office of Victims of Crime, ; (C) in subsection (c)(2)— (i) in subparagraph (C), by inserting to the greatest extent practicable, but in no case later than 72 hours, after hours ; and (ii) by striking subparagraphs (D) through (I) and inserting the following: (D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse. (E) Provision of needed follow up services such as medical care, mental healthcare, and victims advocacy services. (F) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the children's advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services. (G) Coordination of each step of the investigation process to eliminate duplicative forensic interviews with a child victim. (H) Designation of a director for the children's advocacy center. (I) Designation of a multidisciplinary team coordinator. (J) Assignment of a volunteer or staff advocate to each child in order to assist the child and, when appropriate, the child's family, throughout each step of intervention and judicial proceedings. (K) Coordination with State chapters to assist and provide oversight, and organizational capacity that supports local children's advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. (L) Such other criteria as the Administrator shall establish by regulation. ; and (D) by striking subsection (f) and inserting the following: (f) Grants to State chapters for assistance to local children's advocacy centers In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. ; (5) in section 214A ( 34 U.S.C. 20305 )— (A) in subsection (a)— (i) in paragraph (1), by striking attorneys and other allied and inserting prosecutors and other attorneys and allied ; and (ii) in paragraph (2)(B), by inserting Center after Advocacy ; and (B) in subsection (b)(1), by striking subparagraph (A) and inserting the following: (A) a significant connection to prosecutors who handle child abuse cases in State courts, such as a membership organization or support service providers; and ; and (6) by striking 214B ( 34 U.S.C. 20306 ) and inserting the following: 214B. Authorization of appropriations There are authorized to be appropriated to carry out sections 213, 214, and 214A, $40,000,000 for each of fiscal years 2022 through 2028. . | https://www.govinfo.gov/content/pkg/BILLS-117s3975is/xml/BILLS-117s3975is.xml |
117-s-3976 | II 117th CONGRESS 2d Session S. 3976 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Moran (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Investment Company Act of 1940 to address entities that are not considered to be investment companies for the purposes of that Act, and for other purposes.
1. Short title This Act may be cited as the Expanding American Entrepreneurship Act . 2. Investment companies Section 3(c)(1) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c)(1) ) is amended— (1) in the matter preceding subparagraph (A), in the first sentence, by striking 250 persons and inserting 500 persons ; and (2) in subparagraph (C)(i), by striking $10,000,000 and inserting $50,000,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s3976is/xml/BILLS-117s3976is.xml |
117-s-3977 | II 117th CONGRESS 2d Session S. 3977 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Grassley (for himself, Ms. Warren , Ms. Collins , Mr. Warnock , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to further enhance anti-retaliation protections for whistleblowers, and for other purposes.
1. Short title This Act may be cited as the SEC Whistleblower Reform Act of 2022 . 2. Whistleblower protections for internal disclosures (a) In general Section 21F of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6 ) is amended— (1) in subsection (a)(6)— (A) by striking The term and inserting the following: (A) In general The term ; and (B) by adding at the end the following: (B) Special rule Solely for the purposes of subsection (h)(1), the term whistleblower includes any individual who takes, or 2 or more individuals acting jointly who take, an action described in subsection (h)(1)(A), that the individual or 2 or more individuals reasonably believe relates to a violation of any law, rule, or regulation subject to the jurisdiction of the Commission, the Public Company Accounting Oversight Board, the Municipal Securities Rulemaking Board, or a self-regulatory organization. ; and (2) in subsection (h)(1)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by inserting or post-employment after of employment ; (ii) in clause (i), by inserting , in writing or orally if the oral report is documented, after to the Commission ; (iii) in clause (ii), by striking or at the end; (iv) in clause (iii), by striking the period at the end and inserting ; or ; and (v) by adding at the end the following: (iv) in providing information regarding any conduct that the whistleblower reasonably believes constitutes a violation of any law, rule, or regulation subject to the jurisdiction of the Commission to— (I) a person with supervisory authority over the whistleblower at the employer of the whistleblower, if that employer is an entity registered with, or required to be registered with, or otherwise subject to the jurisdiction of, the Commission, the Public Company Accounting Oversight Board, a self-regulatory organization, or a State securities commission or office performing like functions; or (II) another individual working for the employer described in subclause (I) who the whistleblower reasonably believes has the authority to— (aa) investigate, discover, or terminate the misconduct; or (bb) take any other action to address the misconduct. ; and (B) in subparagraph (B), by adding at the end the following: (iv) Jury trial A person against which an action is brought under this subsection shall be entitled to a jury trial. . (b) Applicability The amendments made by subsection (a) shall apply to any claim involving a violation of section 21F(h)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6(h)(1) ), including a claim in an enforcement action or proceeding brought by the Securities and Exchange Commission, that is— (1) pending in any appropriate judicial or administrative forum, as of the date of enactment of this Act; or (2) filed after the date of enactment of this Act. 3. Prompt payment of awards Section 21F(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6(b) ) is amended by adding at the end the following: (3) Timely processing of claims (A) Initial disposition (i) In general Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to a claim submitted by a whistleblower for an award under this section (referred to in this paragraph as an award claim ) not later than the later of— (I) the date that is 1 year after the deadline established by the Commission, by rule, for the whistleblower to file the award claim; or (II) the date that is 1 year after the final resolution of all litigation, including any appeals, concerning the covered action or related action. (ii) Multiple actions If an award claim involves 1 or more related actions, the requirement under clause (i) shall apply with respect to the latest deadline with respect to the actions. (B) Exceptions (i) Initial extension If the Director of the Division of Enforcement of the Commission (referred to in this paragraph as the Director ), or the designee of the Director, determines that an award claim is sufficiently complex or involves more than 1 whistleblower, or if other good cause exists such that the Commission cannot reasonably satisfy the requirements under subparagraph (A), as determined by the Director or the designee, as applicable, the Director or the designee, after providing notice to the Chairman of the Commission (referred to in this paragraph as the Chairman ), may extend the deadline with respect to the satisfaction of those requirements by not more than 180 days. (ii) Additional extensions If, after providing an extension under clause (i), the Director, or the designee of the Director, determines that good cause exists such that the Commission cannot reasonably satisfy the requirement under subparagraph (A), the Director or the designee of the Director, may extend the deadline described in clause (i) as needed for 1 or more additional successive 180-day periods only after providing notice to and receiving approval from the Commission. (iii) Notice to whistleblower required If the Director, or the designee of the Director, exercises authority under clause (i) or (ii), the Director or the designee, as applicable, shall submit to the whistleblower who filed the award claim that is subject to that action by the Director or the designee a written notification of that action. (C) Applicability This paragraph shall apply only to an award claim that the Director of the designee of the Director determines is timely submitted under a deadline established by the Commission after the date of enactment of this paragraph. . 4. Nonenforceability of certain provisions (a) In general Section 21F of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6 ) is amended by adding at the end the following: (k) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration (1) Waiver of rights and remedies The rights and remedies provided in this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (2) Predispute arbitration agreement No predispute arbitration agreement shall be valid or enforceable if the agreement requires the arbitration of a dispute arising under this section. . (b) Applicability Subsection (k) of section 21F of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6 ), as added by subsection (a), shall apply with respect to any action that is filed on or after, or that is pending as of, the date of enactment of this Act. 5. Rulemaking authority The Securities and Exchange Commission may issue any rules that are necessary or appropriate to carry out this Act consistent with the purposes of section 21F of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6 ), as amended by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3977is/xml/BILLS-117s3977is.xml |
117-s-3978 | II 117th CONGRESS 2d Session S. 3978 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Barrasso (for himself, Ms. Lummis , Mr. Cramer , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to carry out a program to operate a uranium reserve consisting of uranium produced and converted in the United States and a program to ensure the availability of uranium produced, converted, and enriched in the United States, and for other purposes.
1. Short title This Act may be cited as the National Opportunity to Restore Uranium Supply Services In America Act of 2022 or the NO RUSSIA Act of 2022 . 2. Definitions In this Act: (1) Department The term Department means the Department of Energy. (2) Secretary The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Nuclear Energy. (3) Uranium Reserve The term Uranium Reserve means the national strategic uranium reserve operated pursuant to the program described in section 3(a). 3. National Strategic Uranium Reserve (a) Program On enactment of this Act, the Secretary shall immediately begin executing, with the amounts reallocated under subsection (f)(1), a program to operate a national strategic uranium reserve to ensure the availability of uranium produced and converted in the United States in accordance with this section. (b) Purposes The purposes of the Uranium Reserve are— (1) to ensure the availability of domestically produced and converted uranium in the event of a supply disruption; (2) to address domestic nuclear fuel supply chain gaps and deficiencies in uranium production and conversion; and (3) to support strategic nuclear fuel supply chain capabilities in the United States. (c) Activities In operating the Uranium Reserve, the Secretary shall— (1) operate the Uranium Reserve in a manner consistent with the recommendations in the document entitled Restoring America's Competitive Nuclear Energy Advantage: A Strategy to Assure U.S. National Security , released by the United States Nuclear Fuel Working Group in 2020; (2) acquire uranium produced and converted in the United States that is sufficient to sustain the continued operation of nuclear reactors in the United States in the event of a supply disruption; (3) make uranium available as needed, in a manner consistent with the cost recovery requirements described in subsection (d); and (4) replenish, in a manner consistent with the requirements of this section, uranium made available by the Department. (d) Cost recovery (1) In general In carrying out activities under this section, the Secretary shall ensure that any uranium acquired, provided, or made available through the Uranium Reserve is subject to cost recovery based on the fair market value of the subject uranium. (2) Availability of certain funds Notwithstanding section 3302 of title 31, United States Code, revenues received from the sale or transfer of uranium and other activities related to making uranium available pursuant to this section— (A) shall be available to the Department for carrying out the purposes of this section, to reduce the need for further appropriations for those purposes; and (B) shall remain available until expended. (e) Exclusion The Secretary shall exclude from the Uranium Reserve uranium from an entity that— (1) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (f) Funding (1) Reallocation (A) In general Notwithstanding any other provision of law, the amounts described in subparagraph (B) shall be reallocated to the Office of Nuclear Energy of the Department for the purpose of executing the program described in subsection (a) by— (i) continuing the activities initiated by the Department, including the National Nuclear Security Administration, using amounts made available for the Uranium Reserve Program pursuant to the proviso referred to in that subparagraph; (ii) carrying out other activities consistent with the purposes for which the amounts described in clause (i) were originally made available; and (iii) carrying out activities in accordance with this section. (B) Amounts described The amounts referred to in subparagraph (A) are the amounts that remain available as of the date of enactment of this Act from the $75,000,000 made available for the Uranium Reserve Program pursuant to the first proviso under the heading weapons activities under the heading National Nuclear Security Administration under the heading atomic energy defense activities in title III of division D of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 1369). (C) Clarification Subparagraph (A) does not affect any amounts made available to the Department, including the National Nuclear Security Administration, that are not described in the proviso referred to in subparagraph (B) as available for the Uranium Reserve Program. (2) Authorization of Appropriations In addition to amounts otherwise made available, there is authorized to be appropriated to the Secretary to carry out this section $150,000,000 for each of fiscal years 2023 through 2032. 4. Domestic uranium availability (a) Establishment Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a program (referred to in this section as the program ) to ensure the availability of uranium produced, converted, and enriched in the United States. (b) Purposes The purposes of the program shall be— (1) to eliminate reliance on Russian uranium; (2) to address domestic nuclear fuel supply chain gaps and deficiencies; and (3) to ensure the availability of domestically produced, converted, and enriched uranium to support the continued operation of nuclear reactors in the United States. (c) Considerations In carrying out the program, the Secretary shall consider, and, as appropriate, execute options— (1) to establish, through a competitive process, new and, as appropriate, diverse domestic uranium mining, conversion, and enrichment capacity that is needed to replace uranium imported from Russia; (2) to activate and expand the American Assured Fuel Supply to meet domestic and international nuclear fuel supply needs; (3) to restock the American Assured Fuel Supply, including by utilizing, or merging with, the Uranium Reserve; (4) that do not disrupt or replace market mechanisms; and (5) that ensure the use of domestic uranium utilized as a result of the program does not negatively impact the economic operation of nuclear reactors in the United States. (d) Exclusion The Secretary shall exclude from the program uranium from an entity that— (1) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (e) Authorization of appropriations In addition to amounts otherwise made available, there are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section for each of fiscal years 2023 through 2032. | https://www.govinfo.gov/content/pkg/BILLS-117s3978is/xml/BILLS-117s3978is.xml |
117-s-3979 | II 117th CONGRESS 2d Session S. 3979 IN THE SENATE OF THE UNITED STATES March 31, 2022 Ms. Stabenow (for herself, Ms. Murkowski , Mr. Heinrich , Ms. Collins , Mr. Manchin , Ms. Sinema , Mrs. Gillibrand , Mr. Casey , Mr. Van Hollen , Ms. Smith , Mr. Brown , Ms. Baldwin , Mr. Booker , Mr. Luján , Ms. Klobuchar , Mr. Durbin , Mr. Warnock , Mr. Markey , Ms. Hirono , Ms. Duckworth , Mr. Sanders , Mr. Reed , Mr. Leahy , Mr. Wyden , Mrs. Shaheen , Ms. Hassan , Mr. Bennet , Mr. Merkley , Ms. Warren , Mr. Padilla , Mr. Warner , Mrs. Murray , Mr. Cardin , Mr. Coons , Ms. Cortez Masto , Mr. Carper , Mr. Schatz , Mr. Peters , Mr. King , Mrs. Feinstein , Ms. Rosen , Mr. Menendez , Mr. Kaine , Mr. Blumenthal , Mr. Murphy , Mr. Hickenlooper , Mr. Whitehouse , Mr. Kelly , Mr. Ossoff , Mr. Tester , Mr. Schumer , and Ms. Cantwell ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Families First Coronavirus Response Act to extend child nutrition waiver authority.
1. Short title This Act may be cited as the Support Kids Not Red Tape Act of 2022 . 2. Extending child nutrition waiver authority Section 2202 of the Families First Coronavirus Response Act ( 42 U.S.C. 1760 note; Public Law 116–127 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting due to the COVID–19 pandemic after ( 42 U.S.C. 1760(l) ) ; (ii) in subparagraph (A), by striking and after the semicolon and inserting or ; and (iii) by striking subparagraph (B) and inserting the following: (B) ensuring continuity of program operation under a qualified program. ; (B) in paragraph (2)— (i) in subparagraph (A), by inserting and subject to paragraph (3) after ( 42 U.S.C. 1760(1) ) ; and (ii) in subparagraph (B) by striking such section and inserting section 12(l) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(l) ) ; and (C) by adding at the end the following: (3) Transition plan A State that elects to be subject to a waiver under paragraph (2) that alters the operation of a qualified program described in subparagraph (A) or (B) of subsection (g)(1) during the 2022–2023 school year shall submit to the Secretary a transition plan by November 1, 2022. (4) Technical assistance (A) In general The Secretary shall provide technical assistance to assist school food authorities in meeting nutrition standards during the period in which a waiver established under paragraph (1) is in effect. (B) Technical assistance for regular operation Not later than September 30, 2022, the Secretary shall issue technical assistance to States relating to the statutory and regulatory requirements that a State shall be required to meet to resume regular operation of each qualified program for the 2023–2024 school year. ; (2) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; (3) by inserting after subsection (c) the following: (d) State action If the Secretary issues a waiver under this section for meals served under a qualified program for school year 2022–2023, a State, during the period in which the waiver is in effect— (1) shall provide technical assistance or guidance in lieu of fiscal action for meal pattern violations due to supply chain disruptions; (2) shall not take fiscal action for meal pattern violations due to supply chain disruptions; and (3) shall not, in applying fiscal action in any subsequent school year, consider meal pattern violations that occurred due to supply chain disruptions during that period. ; (4) in subsection (e) (as so redesignated)— (A) by striking paragraph (2); and (B) by striking the following: in the matter preceding paragraph (1) and all that follows through A summary in paragraph (1) and inserting a summary ; (5) in subsection (f) (as so redesignated)— (A) by striking The authority and inserting the following: (1) In general The authority ; (B) in paragraph (1) (as so designated), by striking June 30 and all that follows through the period at the end and inserting September 30, 2023. ; and (C) by adding at the end the following: (2) Limitation A waiver authorized by the Secretary under this section may not be in effect after September 30, 2023. (3) Return to regular operation Beginning on October 1, 2023, each qualified program for which a waiver is authorized under this section shall resume regular operation. ; (6) in subsection (g) (as so redesignated)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: (2) Regular operation The term regular operation , with respect to a qualified program, means the operation of the qualified program as if this section was not in effect. ; and (7) by adding at the end the following: (h) Funding (1) In general There is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section. (2) Emergency designation (A) In general The amounts provided by paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (B) Designation in Senate In the Senate, this section 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-117s3979is/xml/BILLS-117s3979is.xml |
117-s-3980 | II 117th CONGRESS 2d Session S. 3980 IN THE SENATE OF THE UNITED STATES March 31, 2022 Ms. Lummis (for herself, Ms. Sinema , Mr. Warner , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Securities and Exchange Commission to carry out a study of the costs associated with small- and medium-sized companies to undertake initial public offerings.
1. Short title This Act may be cited as the Middle Market IPO Underwriting Cost Act . 2. Study on IPO fees (a) Definitions In this section: (1) IPO s The term IPOs means initial public offerings. (2) Small- and medium-sized companies The term small- and medium-sized companies means issuers with an initial public float determination of less than $700,000,000. (b) Study The Securities and Exchange Commission, in consultation with the Financial Industry Regulatory Authority, shall carry out a study of the costs associated with small- and medium-sized companies to undertake IPOs and Tier 2 offerings, as defined in section 230.251 of title 17, Code of Federal Regulations. In carrying out such study, the Commission shall— (1) consider the direct and indirect costs of an IPO, including— (A) fees, such as gross spreads paid to underwriters, IPO advisors, and other professionals; (B) compliance with Federal and State securities laws at the time of the IPO; and (C) such other IPO-related costs as the Commission determines appropriate; (2) compare and analyze the costs of an IPO with the costs of obtaining alternative sources of financing and of liquidity; (3) consider the impact of such costs on capital formation; (4) analyze the impact of these costs on the availability of public securities of small- and medium-sized companies to retail investors; and (5) analyze trends in IPOs over a time period the Commission determines is appropriate to analyze IPO pricing practices, considering— (A) the number of IPOs; (B) how costs for IPOs have evolved over time, including fees paid to underwriters, investment advisory firms, and other professions for services in connection with an IPO; (C) the number of brokers and dealers active in underwriting IPOs; (D) the different types of services that underwriters and related persons provide before and after a small- or medium-sized company IPO and the factors impacting underwriting costs; (E) changes in the costs and availability of investment research for small- and medium-sized companies; and (F) any other consideration the Commission considers necessary and appropriate. (c) Report Not later than the end of the 360-day period beginning on the date of the enactment of this Act, the Commission shall issue a report to Congress containing all findings and determinations made in carrying out the study required under subsection (b) and any administrative or legislative recommendations the Commission may have. | https://www.govinfo.gov/content/pkg/BILLS-117s3980is/xml/BILLS-117s3980is.xml |
117-s-3981 | II 117th CONGRESS 2d Session S. 3981 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Grassley (for himself, Mr. Luján , Mr. Tillis , Ms. Hassan , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Attorney General to develop reports relating to violent attacks against law enforcement officers, and for other purposes.
1. Short title This Act may be cited as the Improving Law Enforcement Officer Safety and Wellness Through Data Act . 2. Findings Congress finds the following: (1) There has been a rise in anti-police rhetoric and a corresponding rise in violence against law enforcement officers. (2) 2021 was the deadliest year for police officer killings since 1995, with the exception of the September 11, 2001 attacks, with a total of 73 police officers feloniously killed in the line of duty. (3) Nearly 44 percent of police officer killings in 2021 were caused by unprovoked attacks or ambushes on officers. (4) In 2021, there was a 58.7 percent increase in police officers killed from the 46 police officers killed in 2020. (5) Law enforcement officers bravely put themselves at risk for the betterment of society. (6) A data collection that represents the full circumstances surrounding violent attacks and ambush attacks on law enforcement officers is vital for the provision of needed Federal resources to Federal, State, and local law enforcement officers. (7) Police suffer assaults and other offenses that do not rise to the level of Law Enforcement Officers Killed and Assaulted or National Incident-Based Reporting System reporting due to the frequency of such incidents, lower risk to officers, and minimal administrative resources to report such frequent events. (8) The mental health of law enforcement officers has suffered due to overwork, recruitment issues, and the general stress of their work. (9) The people of the United States will always remember the victims of these hateful attacks against law enforcement officers and stand in solidarity with individuals affected by these senseless tragedies and incidents of hate that have affected law enforcement communities and their families. (10) The United States must demonstrate to its brave law enforcement officers that they are important, valued, and respected. (11) Congress has made a commitment to helping communities protect the lives of their police officers, as evidenced by the Bulletproof Vest Partnership Grant Program Reauthorization Act of 2015 ( Public Law 114–155 ; 130 Stat. 389) and other laws. (12) Subsection (c) of the Uniform Federal Crime Reporting Act of 1988 ( 34 U.S.C. 41303(c) ) requires the Attorney General to acquire, collect, classify, and preserve national data on Federal criminal offenses as part of the Uniform Crime Reports and requires all Federal departments and agencies that investigate criminal activity to report details about crime within their respective jurisdiction to the Attorney General in a uniform matter and on a form prescribed by the Attorney General . 3. Attacks on law enforcement officers reporting requirement (a) In general Not later than 270 days after the date of enactment of this Act, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, the Director of the National Institute of Justice, and the Director of the Criminal Justice Information Services Division of the Federal Bureau of Investigation, 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— (1) the number of offenders that intentionally target law enforcement officers because of their status as law enforcement officers; (2) the number of incidents reported to the Law Enforcement Officers Killed and Assaulted Data Collection that occur through the coordinated actions of 2 or more parties; (3) a description of the Federal response to ambushes and violent attacks on Federal law enforcement officers; (4) a detailed survey of what State and local responses are to ambushes and violent attacks on State and local law enforcement officers; (5) recommendations for improving State, local, and Federal responses to ambushes and violent attacks on law enforcement officers; (6) a detailed survey of Federal and State-based training programs that law enforcement officers receive in preparation for violent attacks, including ambush attacks; (7) an analysis of the effectiveness of the programs described in paragraph (6) in preparing law enforcement officers for violent attacks, including ambush attacks; (8) recommendations on how to improve State, local, and Federal training programs for law enforcement officers relating to ambush attacks; (9) an analysis of, with respect to the Patrick Leahy Bulletproof Vest Partnership under part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10530 et seq. )— (A) the efficacy of the Partnership in distributing protective gear to law enforcement officers across the United States, including any location-specific limitations to the distribution under such Partnership; and (B) the general limitations of the Partnership, including any location-specific limitations to the distributions under the Partnership, considering the fact that law enforcement officers are suffering from ambush attacks; (10) an analysis of the ability of the Department of Justice to combine the Law Enforcement Officers Killed and Assaulted Data Collection and a 09C Justifiable Homicide report for officer-involved shooting reports and any roadblocks to producing a clear report with such information; (11) an analysis of the ability of the Criminal Justice Information Services of the Federal Bureau of Investigation to expand data collection to include a suspect offender’s level of injury at the time of a reported Law Enforcement Officers Killed and Assaulted Data Collection incident; (12) an analysis of the existence and extent of, and reasons for, disparities in the availability and reporting of data between— (A) data relating to ambush attacks against law enforcement officers; and (B) other types of violent crime data; and (13) an analysis of any additional legislative tools or authorities that may be helpful or necessary to assist in deterring ambush attacks against law enforcement officers. (b) Development In developing the report required under subsection (a), the Attorney General, the Director of the Federal Bureau of Investigation, the Director of the National Institute of Justice, and the Director of the Criminal Justice Information Services Division of the Federal Bureau of Investigation, shall consult relevant stakeholders, including— (1) Federal, State, Tribal, and local law enforcement agencies; and (2) nongovernmental organizations, international organizations, academies, or other entities. 4. Aggression against law enforcement officers reporting requirement (a) In general Not later than 270 days after the date of enactment of this Act, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation and the Director of the National Institute for Justice, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on— (1) an analysis of the ability to implement a new category in the Uniform Crime Reporting System and the National Incident-Based Reporting System on aggressive actions, conduct, or other trauma-inducing incidents against law enforcement officers that, as of the date of enactment of this Act are not reported in such systems; (2) the level of detail the category described in paragraph (1) would include and the standard of evidence that would be used for any reported incidents; (3) an analysis of how to engage State and local law enforcement agencies in reporting the data described in paragraph (1), despite the fact that such data is beyond the standard crime-based reporting to the systems described in paragraph (1); (4) an analysis of potential uses by the Department of Justice and any component agencies of the Department of Justice of the data described in paragraph (1); (5) an analysis of the existence and extent of, and reasons for, disparities in the availability and reporting of data between— (A) data relating to aggressive actions or other trauma-inducing incidents against law enforcement officers that do not rise to the level of crimes; and (B) other types of violent crime data; and (6) an analysis of additional legislative tools or authorities that may be helpful or necessary to assist in deterring aggressive actions, conduct, or other trauma-inducing incidents against law enforcement officers. (b) Development In developing this report under subsection (a), the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of the National Institute of Justice shall consult relevant stakeholders, including— (1) Federal, State, Tribal, and local law enforcement agencies; and (2) nongovernmental organizations, international organizations, academies, or other entities. 5. Mental health and wellness reporting requirement (a) In general Not later than 270 days after the date of enactment of this Act, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation and the Director of the National Institute for Justice, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on— (1) the types, frequency, and severity of mental health and stress-related responses of law enforcement officers to aggressive actions or other trauma-inducing incidents against law enforcement officers; (2) mental health and stress-related resources or programs that are available to law enforcement officers at the Federal, State, and local levels, especially peer-to-peer programs; (3) the extent to which law enforcement officers use the resources or programs described in paragraph (2); (4) the availability of, or need for, mental health screening within Federal, State, and local law enforcement agencies; and (5) additional legislative tools or authorities that may be helpful or necessary to assist in assessing, monitoring, and improving the mental health and wellness of Federal, State, and local law enforcement officers. (b) Development In developing the report required under subsection (a), the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of the National Institute of Justice shall consult relevant stakeholders, including— (1) Federal, State, Tribal and local law enforcement agencies; and (2) nongovernmental organizations, international organizations, academies, or other entities. | https://www.govinfo.gov/content/pkg/BILLS-117s3981is/xml/BILLS-117s3981is.xml |
117-s-3982 | II 117th CONGRESS 2d Session S. 3982 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require applicable Federal agencies to take action on applications for Federal energy authorizations, and for other purposes.
1. Short title This Act may be cited as the Furthering Resource Exploration and Empowering American Energy Act or the FREE American Energy Act . 2. Federal energy authorizations (a) Definition of Federal energy authorization In this section, the term Federal energy authorization means a permit, waiver, license, or other authorization required from a Federal agency relating to— (1) a natural gas transmission project; (2) a natural gas interstate project; (3) the exportation of natural gas; (4) oil and gas lease sales; (5) onshore and offshore oil and gas drilling exploration; or (6) alternative energy production, including— (A) geothermal production; (B) solar production; (C) wind production; and (D) mineral production. (b) Agency action (1) In general The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date of enactment of this Act, review and approve or deny each application for a Federal energy authorization that is pending with the Federal agency on the date of enactment of this Act. (2) Subsequent applications The President, acting through the Director of the Office of Management and Budget, shall require each applicable Federal agency to, not later than 60 days after the date on which the Federal agency receives an application for a Federal energy authorization, review and approve or deny the application. (c) Denial If a Federal agency denies an application for a Federal energy authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Federal agency shall submit to Congress a detailed explanation of the reasons for the denial. (d) Extension On request by the head of a Federal agency, the President, acting through the Director of the Office of Management and Budget, may grant an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, on the condition that the head of the Federal agency submits to Congress an explanation of the reasons why the extension is necessary. 3. FERC authorizations (a) Definitions In this section: (1) Commission The term Commission means the Federal Energy Regulatory Commission. (2) FERC authorization The term FERC authorization means a permit, waiver, license, or other authorization required from the Commission relating to— (A) transportation of oil by pipeline in interstate commerce; (B) construction of new interstate natural gas pipelines or natural gas storage projects; (C) liquefied natural gas terminal projects; or (D) projects relating to hydropower. (b) FERC action (1) In general Not later than 60 days after the date of enactment of this Act, the Commission shall review and approve or deny each application for a FERC authorization that is pending on the date of enactment of this Act. (2) Subsequent applications Not later than 60 days after the date on which the Commission receives an application for a FERC authorization, the Commission shall review and approve or deny the application. (c) Denial If the Commission denies an application for a FERC authorization under paragraph (1) or (2) of subsection (b), not later than 5 days after the date of the denial, the Commission shall submit to Congress a detailed explanation of the reasons for the denial. (d) Extension (1) In general The Commission may submit to Congress a request for an extension of the deadline under paragraph (1) or (2) of subsection (b) of not more than 30 days, which shall include an explanation of the reasons why the extension is necessary. (2) Congressional approval A request for an extension under paragraph (1) may only be approved by an Act of Congress. 4. Rescission of Executive order 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) is rescinded and shall have no force or effect. 5. Construction, connection, operation, and maintenance of oil or natural gas pipelines or electric transmission facilities (a) In general No Presidential permit (or similar permit) required under Executive Order 13337 ( 3 U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 2004)), Executive Order 11423 ( 3 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3, United States Code, Executive Order 12038 (43 Fed. Reg. 3674 (January 26, 1978)), Executive Order 10485 (18 Fed. Reg. 5397 (September 9, 1953)), or any other Executive order shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility or any cross-border segment thereof. (b) Congressional authority The construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any cross-border segment thereof, may be approved by an Act of Congress. 6. Energy production permits on Federal land (a) Definitions In this section: (1) Agency; rule making The terms agency and rule making have the meanings given the terms in section 551 of title 5, United States Code. (2) Federal land The term Federal land means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )). (b) Delegation Not later than 180 days after the date of enactment of this Act, the President, acting through the Director of the Office of Management and Budget, shall initiate a rule making to develop an interagency process under which any authority or requirement of an agency to issue a permit or other required authorization necessary to identify, develop, extract, and transport oil or natural gas on Federal land shall be delegated to the State within the borders of which the Federal land is located, on written request of the State to assume such authority. 7. Codification of NEPA implementing regulations reform rule The final rule of the Council on Environmental Quality entitled Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act (85 Fed. Reg. 43304 (July 16, 2020)) is enacted into law. 8. Navigable waters protection rule 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)) is enacted into law. 9. Termination of credit for new qualified plug-in electric drive motor vehicles Section 30D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Termination This section shall not apply with respect to any vehicle acquired after December 31, 2022. . | https://www.govinfo.gov/content/pkg/BILLS-117s3982is/xml/BILLS-117s3982is.xml |
117-s-3983 | II 117th CONGRESS 2d Session S. 3983 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Cassidy (for himself and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to require, for purposes of ensuring cybersecurity, the inclusion in any premarket submission for a cyber device of information to demonstrate a reasonable assurance of safety and effectiveness throughout the lifecycle of the cyber device, and for other purposes.
1. Short title This Act may be cited as the PATCH Act . 2. Ensuring cybersecurity of medical devices (a) In general Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following: 524B. Ensuring cybersecurity of devices (a) In general For purposes of ensuring cybersecurity throughout the lifecycle of a cyber device, any person who submits a premarket submission for the cyber device shall include such information as the Secretary may require to ensure that the cyber device meets such cybersecurity requirements as the Secretary determines to be appropriate to demonstrate a reasonable assurance of safety and effectiveness, including at a minimum the cybersecurity requirements under subsection (b). The Secretary may establish exemptions to the requirements under this subsection. (b) Cybersecurity requirements At a minimum, the manufacturer of a cyber device shall meet the following cybersecurity requirements: (1) The manufacturer shall have a plan to appropriately monitor, identify, and address in a reasonable time postmarket cybersecurity vulnerabilities and exploits. (2) The manufacturer shall— (A) have a plan and procedures for a Coordinated Vulnerability Disclosure to be part of submissions to the Food and Drug Administration; and (B) collect and maintain such other information as the Secretary may (by order published in the Federal Register or by other process) require to demonstrate a reasonable assurance of the safety and effectiveness of the cyber device. (3) The manufacturer shall design, develop, and maintain processes and procedures to make available updates and patches to the cyber device and related systems throughout the lifecycle of the cyber device to address— (A) on a reasonably justified regular cycle, known unacceptable vulnerabilities; and (B) as soon as possible out of cycle, critical vulnerabilities that could cause uncontrolled risks. (4) The manufacturer shall furnish to the Secretary a software bill of materials, including commercial, open-sourced, and off-the-shelf software components that will be provided to users. (c) Substantial equivalence In making a determination of substantial equivalence under section 513(i) for a cyber device, the Secretary may— (1) find that cybersecurity information for the cyber device described in the relevant premarket submission in the cyber device’s use environment is inadequate; and (2) issue a nonsubstantial equivalence determination based on this finding. (d) Definition In this section: (1) The term cyber device means a device that— (A) includes software; or (B) is intended to connect to the internet. (2) The term lifecycle of the cyber device includes the postmarket lifecycle of the cyber device. (3) The term premarket submission means any submission under section 510(k), 513, 515(c), 515(f), or 520(m). . (b) Prohibited act Section 301(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331(q) ) is amended by adding at the end the following: (3) The failure to comply with any requirement under section 524B (relating to ensuring the cybersecurity). . (c) Adulteration Section 501 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 ) is amended by adding at the end the following: (k) If it is a device with respect to which the sponsor is in violation of section 524B (relating to ensuring cybersecurity). . (d) Misbranding Section 502(t) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352(t) ) is amended— (1) by striking or (3) and inserting (3) ; and (2) by inserting before the period at the end the following: , or (4) to furnish a software bill of materials as required under section 524B (relating to ensuring the cybersecurity) . | https://www.govinfo.gov/content/pkg/BILLS-117s3983is/xml/BILLS-117s3983is.xml |
117-s-3984 | II 117th CONGRESS 2d Session S. 3984 IN THE SENATE OF THE UNITED STATES March 31, 2022 Ms. Klobuchar introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Controlled Substances Act to provide a process to lock and suspend domain names used to facilitate the online sale of controlled substances illegally, and for other purposes.
1. Short title This Act may be cited as the Stop Illegal Online Sales of Controlled Substances Act . 2. Domain names used to facilitate the online sale of controlled substances illegally (a) In general Section 311 of the Controlled Substances Act ( 21 U.S.C. 831 ) is amended by adding at the end the following: (k) Domain names used To facilitate the online sale of controlled substances illegally (1) Definitions In this subsection: (A) Domain name The term domain name means a name that— (i) identifies a specific location on the internet that belongs to a particular person; and (ii) consists of 2 or more textual segments separated by dots. (B) Domain name used to facilitate the online sale of controlled substances illegally The term domain name used to facilitate the online sale of controlled substances illegally means a domain name that identifies a location on the internet, a primary or significant purpose of which is to introduce or deliver for introduction into interstate commerce a controlled substance in violation of this title. (C) Lock The term lock means, with respect to a domain name, for the registry operator or registrar to systematically prevent the domain name from being updated, transferred, or deleted during the balance of the registration of the domain name, which may be achieved using domain name registration protocols. (D) Registrar The term registrar means an organization that— (i) manages the registration of domain names; and (ii) during the registration process— (I) verifies that the requested domain name meets registry requirements; and (II) submits the name to the appropriate registry operator. (E) Registry The term registry means an authoritative master database of the domain names registered in a top-level domain. (F) Registry operator The term registry operator means an organization that maintains a registry, including by— (i) receiving requests from registrars to add, delete, or modify domain names; and (ii) making the requested changes in the registry. (G) Suspend The term suspend means, with respect to a domain name, for the registry operator or registrar to systematically disable the functionality of the domain name through a hold or suspension during the balance of the registration of the domain name, which may be achieved using domain name registration protocols. (H) Trusted notifier The term trusted notifier includes the following (and the designees and agents thereof): (i) The Food and Drug Administration. (ii) The Department of Justice, including the Drug Enforcement Administration. (iii) The Department of Homeland Security. (iv) A State attorney general. (v) A State board of pharmacy. (2) Locking and suspension of domain names A registry operator or registrar shall— (A) not later than 24 hours after receipt of a notification from a trusted notifier respecting a domain name that is used to facilitate the online sale of controlled substances illegally and that is under the control of the registry operator or registrar, lock the domain name; and (B) not later than 7 days after receipt of such notification, suspend the domain name. (3) Notice Paragraph (2) shall apply in the case of a notification by a trusted notifier that includes, at a minimum— (A) the domain name being reported to the appropriate registry operator or registrar; (B) the date of observation that the domain name was used to facilitate the online sale of controlled substances illegally; (C) a summary of the alleged activities that constitute a domain name being used to facilitate the online sale of controlled substances illegally; and (D) a statement that evidence of offering controlled substances illegally, such as a screenshot, has been retained, and is available to be shared with the registry operator or registrar. (4) Registrant appeal (A) In general Any registrant whose domain name is locked and suspended pursuant to paragraph (2) may appeal such action to the trusted notifier pursuant to subparagraph (B). (B) Appeals (i) In general In bringing such an appeal, the registrant for the locked and suspended domain name may do any of the following: (I) Contact the applicable registry operator or registrar to request information regarding the business name, or personal name if the trusted notifier is not a business, and the email address, of the trusted notifier who submitted the notification regarding the domain name. (II) Dispute the notification by submitting any relevant records and information to the applicable trusted notifier. (ii) Provision of information Not later than 15 days after receiving a request under clause (i)(I), a registry operator or registrar shall provide the requested information. (iii) Investigation The applicable trusted notifier shall— (I) conduct a reasonable investigation regarding the registrant and its domain name to determine whether notification under paragraph (2) was improper; and (II) in conducting such investigation, consider the information provided by the registrant under clause (i). (iv) Successful appeal If the appeal is successful, the registry operator or registrar shall lift the suspension and unlock the domain name within 15 days. (5) Authority to lock or suspend a domain name A registry operator or registrar may lock and suspend a domain name used to facilitate the online sale of controlled substances illegally before receipt of a notification under this section from a trusted notifier. . (b) Prohibited act Part D of the Controlled Substances Act ( 21 U.S.C. 841 et seq. ) is amended by adding at the end the following: 424. Locking and suspension of domain names (a) Offense It shall be unlawful for a registry operator or registrar to knowingly fail to lock and suspend any domain name in its control in violation of section 311(k). (b) Penalty (1) In general Any registry operator or registrar that violates subsection (a) shall be fined not more than $1,000. (2) Subsequent offense; intent to defraud or mislead Any registry operator or registrar that violates subsection (a) after a conviction of that registry operator or registrar under this section has become final shall be fined not more than $10,000, or both. . (c) Applicability Sections 311(k) and 424 of the Controlled Substances Act, as added by this section, shall apply beginning on the date that is 60 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3984is/xml/BILLS-117s3984is.xml |
117-s-3985 | II 117th CONGRESS 2d Session S. 3985 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Cruz (for himself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the consideration of COVID–19 vaccination status in determining eligibility for organ donation or transplantation, and in providing services to Medicare or Medicaid beneficiaries.
1. Short title This Act may be cited as the Guarding against Injustice based on Vaccine-status, Ensuring Lifesaving Intervention For Everyone Act , the GIVE LIFE Act , or Doss's Act . 2. Prohibitions (a) In general Notwithstanding any other provision of law— (1) no individual may be determined to be ineligible for organ donation or receipt of an organ transplant on the basis of the COVID–19 vaccination status of the individual; (2) no individual may be given a higher or lower priority for such a donation or receipt on such basis; (3) the incidence of COVID–19 positive rates in a geographic area or region, as determined by public health officials, may not be a factor in determining eligibility to donate organs or to receive organs; and (4) any provider who denies services to any individual based on the COVID–19 vaccination status of the individual (other than services furnished by a skilled nursing facility (as defined in section 1819(a) of the Social Security Act ( 42 U.S.C. 1395i–3(a) )), a nursing facility (as defined in section 1919(a) of such Act ( 42 U.S.C. 1396r(a) )), a hospice program (as defined in section 1861(dd)(2) of such Act ( 42 U.S.C. 1395x(dd)(2) )), or a long-term care facility) shall not be eligible for reimbursement under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), and Federal financial participation shall not be available for any payment made by a State to such a provider for services furnished as medical assistance under the State’s Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. ). (b) Application of requirements Paragraphs (1) through (3) of subsection (a) shall apply with respect to all organ donations and receipt of organ transplants in the United States, including under the laws administered by the Secretary of Veterans Affairs and the laws administered by the Secretary of Defense. (c) Organ procurement and transplantation network Section 372(b) of the Public Health Service Act ( 42 U.S.C. 274(b) ) is amended by adding at the end the following: (4) Clarification regarding COVID–19 vaccination status The criteria and standards established under paragraph (2) may not include any consideration the COVID–19 vaccination status of organ donors or recipients, or of the incidence of COVID–19 positive rates in a geographic area or region, as determined by public health officials. . | https://www.govinfo.gov/content/pkg/BILLS-117s3985is/xml/BILLS-117s3985is.xml |
117-s-3986 | II 117th CONGRESS 2d Session S. 3986 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Marshall (for himself, Mr. Braun , and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To delay the effectiveness of certain new rules or regulations relating to the United States energy sector.
1. Short title This Act may be cited as the Gas Prices Relief Act of 2022 . 2. Energy regulations holiday (a) In general During the period described in subsection (b), no Federal agency shall finalize any rule or regulation that would cause— (1) a decrease in domestic oil, gas, or biofuels production; (2) an increase in gasoline prices; or (3) any negative effects on domestic energy production, domestic electricity generation, transmission of fuel or electricity, infrastructure development, or transportation fuels. (b) Period described The period referred to in subsection (a) is the period beginning on the date of enactment of this Act and ending on the earlier of— (1) January 1, 2023; and (2) the date on which the national average consumer gasoline price is $2.60 per gallon or less. | https://www.govinfo.gov/content/pkg/BILLS-117s3986is/xml/BILLS-117s3986is.xml |
117-s-3987 | II 117th CONGRESS 2d Session S. 3987 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Heinrich (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to provide grants and loan guarantees for commercial-scale implementation of transformative industrial technologies, and for other purposes.
1. Short title This Act may be cited as the First Three Act of 2022 . 2. Commercial-scale implementation of transformative industrial technologies (a) Definitions In this section: (1) Eligible entity The term eligible entity means any of the following entities: (A) An owner of an industrial plant at which an eligible technology would be implemented. (B) (i) A provider that— (I) manufactures an eligible technology; or (II) implements or integrates an eligible technology at an industrial plant; or (ii) any other entity involved in the implementation of eligible technology at an industrial plant. (C) A consortium or partnership of 1 or more entities described in subparagraphs (A) and (B). (2) Eligible project The term eligible project means the implementation of an eligible technology at an industrial plant in a State. (3) Eligible project costs The term eligible project costs means any capital, installation, engineering, construction, and permitting costs related to carrying out an eligible project. (4) Eligible technology The term eligible technology means any technology that, as determined by the Secretary— (A) is an innovative technology (as described in section 454(b)(1) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17113(b)(1) )); (B) is demonstrated to be technically viable at pilot scale and ready for commercial-scale implementation; (C) is able to significantly reduce the energy use or greenhouse gas emissions of the process with respect to which the eligible technology is implemented, relative to the technology available on the date of enactment of this Act; and (D) has the potential to significantly reduce annual United States industrial energy use or greenhouse gas emissions, relative to the United States industrial energy use or greenhouse gas emissions in calendar year 2021, if the eligible technology is widely implemented at the appropriate industrial plants in the United States. (5) Program The term program means the program established under subsection (b). (6) Secretary The term Secretary means the Secretary of Energy. (7) State The term State means— (A) a State; (B) the District of Columbia; and (C) any territory or possession of the United States. (b) Establishment Subject to the availability of appropriations, the Secretary shall establish a program under which the Secretary shall provide grants and loan guarantees to eligible entities to carry out eligible projects. (c) Applications (1) In general To apply for a grant or loan guarantee under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Selection In evaluating applications submitted under paragraph (1), the Secretary shall select applications that will result in the greatest— (A) improvement to the competitiveness of United States industry in global markets; (B) reduction in energy use; or (C) reduction in greenhouse gas emissions. (3) Consultation In evaluating applications submitted under paragraph (1), the Secretary shall solicit input from outside technical and industry experts on the specific industry sectors in which the eligible technologies would be implemented. (d) Grants and loan guarantees (1) In general In carrying out the program, the Secretary— (A) shall provide grants or loan guarantees to carry out not more than 3 eligible projects in each category of eligible technology; and (B) may provide a grant and a loan guarantee to the same eligible entity. (2) Grant amounts The amount of a grant that may be provided under the program to carry out an eligible project in each category of eligible technology shall be not more than the following: (A) 60 percent of the total eligible project costs for the first eligible project awarded a grant in that category. (B) 45 percent of the total eligible project costs for the second eligible project awarded a grant in that category. (C) 30 percent of the total eligible project costs for the third eligible project awarded a grant in that category. (3) Loan guarantee amounts (A) In general The Secretary may not provide a loan guarantee under the program for an amount that is greater than 80 percent of the eligible project costs. (B) Grant and loan guarantee If an eligible entity is provided a grant and a loan guarantee under the program, the loan guarantee may not exceed the amount that is equal to 80 percent of the amount that is equal to the difference between— (i) the eligible project cost; and (ii) the amount of the grant. (4) Project milestones The Secretary shall— (A) work with each grant or loan guarantee recipient under the program to develop project milestones; and (B) issue the grant amount or loan guarantee, as applicable, after that recipient has demonstrated that the eligible project has reached those project milestones. (e) Monitoring and reporting (1) In general The Secretary shall annually submit to Congress a report describing the eligible projects that were carried out using grants and loan guarantees provided under the program. (2) Proprietary and competitive information The Secretary shall exclude from each report submitted under paragraph (1) any proprietary or competitive information relating to the eligible entities that were provided a grant or loan guarantee, or eligible technologies that were implemented, under the program. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section, to remain available until expended— (1) $500,000,000 for fiscal year 2022; and (2) $1,000,000,000 for each of fiscal years 2023 through 2031. | https://www.govinfo.gov/content/pkg/BILLS-117s3987is/xml/BILLS-117s3987is.xml |
117-s-3988 | II 117th CONGRESS 2d Session S. 3988 IN THE SENATE OF THE UNITED STATES April 4 (legislative day, March 31), 2022 Mr. Peters (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To codify and authorize the Federal Communications Commission’s establishment of a council to make recommendations on ways to increase the security, reliability, and interoperability of communications networks, and for other purposes.
1. Short title This Act may be cited as the Communications Security, Reliability, and Interoperability Council Act . 2. Council on Communications Security, Reliability, and Interoperability (a) Codification and establishment (1) In general Not later than 90 days after the date of enactment of this Act, the Commission shall establish a council to advise the Commission on issues including the security, reliability, and interoperability of communications networks. (2) Existing advisory committee Any Federal advisory committee of the Commission that is operating on the date of enactment of this Act under a charter filed in accordance with section 9(c) of the Federal Advisory Committee Act (5 U.S.C. App.) for the purpose of addressing the issues described in paragraph (1) of this subsection shall satisfy the requirement under that paragraph if, not later than 90 days after that date, the membership of the Federal advisory committee is modified, as necessary, to comply with subsection (b) of this section. (b) Membership (1) Appointment The members of the Council shall be appointed by the Chair. (2) Composition The Chair shall appoint as members of the Council the following: (A) Representatives of companies or relevant trade associations in the communications industry with facilities in the United States, except entities that are determined by the Chair to be not trusted, including, at minimum— (i) 1 representative of a national wireless provider; (ii) 1 representative of a national wireline provider; (iii) 1 representative of a national cable provider; (iv) 1 representative of a national satellite provider; and (v) 1 representative of an equipment manufacturer. (B) Representatives of government, including, at minimum— (i) 1 representative of the Federal Government, including not less than 1 representative of the Department of Homeland Security; and (ii) 1 representative of a State government, local government, or Tribal government, including not less than 1 representative from each type of government, if feasible. (C) Representatives of public interest organizations or academic institutions, except public interest organizations or academic institutions that are determined by the Chair to be not trusted, provided that not more than 1/3 of the membership of the Council be from public interest organizations or academic institutions. (3) Knowledge and experience Each member of the Council shall have knowledge and experience relevant to the purpose and goals of the Council. (4) Terms (A) In general Each member of the Council shall be appointed for a term of 2 years, except as provided in subparagraph (B). (B) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (c) Consultation The Chair may consult with the Secretary of Homeland Security as the Chair determines appropriate to enable coordination on matters pertaining to the Council. (d) Duration Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) (relating to the termination of advisory committees) shall not apply to the Council. (e) Definitions In this section: (1) Chair The term Chair means the Chairman of the Commission. (2) Commission The term Commission means the Federal Communications Commission. (3) Council The term Council means the council established under subsection (a). (4) Not trusted The term not trusted means, with respect to an entity, that— (A) the Chair has made a public determination that such entity is owned by, controlled by, or subject to the influence of a foreign adversary; or (B) the Chair determines that such entity poses a threat to the national security of the United States, using solely the criteria described in paragraphs (1) through (4) of section 2(c) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601(c) ), as appropriate. (5) State The term State has the meaning given such term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). | https://www.govinfo.gov/content/pkg/BILLS-117s3988is/xml/BILLS-117s3988is.xml |
117-s-3989 | II 117th CONGRESS 2d Session S. 3989 IN THE SENATE OF THE UNITED STATES April 4 (legislative day, March 31), 2022 Mr. Cramer (for himself, Mr. Rounds , and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide that the Secretary of the Interior may not enter into certain conservation easements with a term of more than 50 years, and for other purposes.
1. Short title This Act may be cited as the Landowner Easement Rights Act . 2. Limitation on conservation easement terms After the date of the enactment of this Act, the Secretary may not enter into a conservation easement with a term of more than 50 years. 3. Renegotiation of conservation easements At the request of an owner of land that is subject to an eligible conservation easement, the Secretary shall— (1) not later the 6 months after the Secretary receives the request from the landowner, provide to the landowner— (A) a detailed map of the easement; and (B) notice of the current fair market value of the easement as determined by the Secretary; and (2) renegotiate the terms of the eligible conservation easement, including— (A) a term not longer than 50 years; and (B) payment by the Secretary to the landowner in an amount equal to the fair market value of the easement, as determined by the Secretary under paragraph (1)(B), minus the amount paid by the Secretary for the eligible conservation easement being renegotiated (adjusted for inflation); or (3) allow the landowner to buy back the eligible conservation easement or a portion of the eligible conservation easement at fair market value, as determined by the Secretary. 4. Notice to landowners The Secretary shall notify the owner of the land subject to that conservation easement of the owner’s right to submit a request under section 3— (1) not later than 3 months before the conservation easement becomes an eligible conservation easement described in section 5(2)(A); and (2) not later than 1 year before the conservation easement becomes an eligible conservation easement described in section 5(2)(B). 5. Definitions In this Act: (1) Conservation easement The term conservation easement — (A) means a voluntary, legal agreement between a landowner and the Secretary that limits use of the land in order to protect its conservation values; and (B) does not include agreements— (i) with Indian Tribes; or (ii) related to utilities. (2) Eligible conservation easement The term eligible conservation easement means a conservation easement that— (A) has been in effect for longer than 50 years; or (B) was put into effect before 1977 without the creation of an official corresponding map. (3) Secretary The term Secretary means the Secretary of the Interior. | https://www.govinfo.gov/content/pkg/BILLS-117s3989is/xml/BILLS-117s3989is.xml |
117-s-3990 | II 117th CONGRESS 2d Session S. 3990 IN THE SENATE OF THE UNITED STATES April 4 (legislative day, March 31), 2022 Mr. Reed (for himself 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 amend the Securities Exchange Act of 1934 to prohibit certain securities trading and related communications by those who possess material, nonpublic information, and for other purposes.
1. Short title This Act may be cited as the Insider Trading Prohibition Act . 2. Prohibition on insider trading (a) In general The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended by inserting after section 16 ( 15 U.S.C. 78p ) the following: 16A. Prohibition on insider trading (a) Prohibition against trading securities while aware of material, nonpublic information It shall be unlawful for any person, directly or indirectly, to purchase, sell, or enter into, or cause the purchase or sale of, or entry into, any security, security-based swap, or security-based swap agreement if that person, at the time the person takes such an action— (1) has access to information relating to such security, security-based swap, or security-based swap agreement that is material and nonpublic and is aware (including if the person consciously avoids being aware), or recklessly disregards, that such information is material and nonpublic; and (2) is aware (including if the person consciously avoids being aware), or recklessly disregards, that— (A) the information described in paragraph (1) has been obtained wrongfully; or (B) the purchase, sale, or entry would constitute wrongful trading on the information described in paragraph (1). (b) Prohibition against the wrongful communication of certain material, nonpublic information It shall be unlawful for any person, the purchase or sale of a security or security-based swap (or entry into a security-based swap agreement) by which would violate subsection (a), to wrongfully communicate material, nonpublic information relating to that security, security-based swap, or security-based swap agreement to any other person, if— (1) the person communicating the information, at the time the person communicates the information, is aware (including if the person consciously avoids being aware), or recklessly disregards, that such communication would result in such a purchase, sale, or entry; and (2) any recipient of the wrongfully communicated information purchases, sells, or causes the purchase or sale of any security or security-based swap, or enters into (or causes the entry into) any security-based swap agreement, based on that communication. (c) Standard and knowledge requirement (1) Standard For purposes of this section, trading while aware of material, nonpublic information under subsection (a), or communicating material, nonpublic information under subsection (b), is wrongful only if the information has been obtained by, or the communication or trading on the information would constitute, directly or indirectly— (A) theft, conversion, bribery, misrepresentation, espionage (through electronic or other means), or other unauthorized access of the information; (B) a violation of any Federal law protecting— (i) computer data; or (ii) the intellectual property or privacy of computer users; (C) misappropriation from a source of the information; or (D) a breach of any fiduciary duty to shareholders of an issuer for a direct or indirect personal benefit, including— (i) an existing or future pecuniary gain or reputational benefit; or (ii) a gift of confidential information to a relative or friend. (2) Knowledge requirement It shall not be necessary that a person trading while aware of information in violation of subsection (a), or making a communication in violation of subsection (b), knows the specific means by which the information was obtained or communicated or traded on, or the specific benefit described in paragraph (1)(D) that was received, paid, or promised by or to any person in the chain of communication, if the person trading while aware of the information or making the communication, as applicable, at the time the person makes the trade or communicates the information, is aware (including if the person consciously avoids being aware), or recklessly disregards, that the information was wrongfully obtained, wrongfully traded on, or wrongfully communicated. (d) Affirmative defenses (1) In general The Commission may, by rule or by order, exempt any person, security, or transaction, or any class of persons, securities, or transactions, from any or all of the provisions of this section, upon such terms and conditions as the Commission considers necessary or appropriate in furtherance of the purposes of this title. (2) Rule 10b5–1 compliant transactions The prohibitions of this section shall not apply to any transaction that satisfies the requirements of section 240.10b5–1 of title 17, Code of Federal Regulations, or any successor regulation. (e) Rule of construction The rights and remedies provided by this section shall be in addition to any and all other rights and remedies that may exist at law or in equity (without regard to whether such a right or remedy is provided under this Act) with respect to an action by a person to— (1) purchase, sell, or enter into a security, security-based swap, or security-based swap agreement while aware of material, nonpublic information; or (2) communicate material, nonpublic information relating to a security, security-based swap, or security-based swap agreement. . (b) Conforming amendments The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended— (1) in section 3(a)(78)(A) ( 15 U.S.C. 78c(a)(78)(A) ), by inserting 16A, after 16, ; (2) in section 21(d)(2) ( 15 U.S.C. 78u(d)(2) ), by striking or the rules or regulations thereunder and inserting , section 16A of this title, or the rules or regulations under either such section ; (3) in section 21A ( 15 U.S.C. 78u–1 )— (A) in subsection (g)(1), by striking section 10(b) and Rule 10b–5 thereunder and inserting section 10(b), Rule 10b–5 thereunder, and section 16A ; and (B) in subsection (h)(1), by striking section 10(b), and Rule 10b–5 thereunder and inserting section 10(b), Rule 10b–5 thereunder, and section 16A ; and (4) in section 21C(f) ( 15 U.S.C. 78u–3(f) ), by striking or the rules or regulations thereunder and inserting , section 16A, or the rules or regulations under either such section . | https://www.govinfo.gov/content/pkg/BILLS-117s3990is/xml/BILLS-117s3990is.xml |
117-s-3991 | II 117th CONGRESS 2d Session S. 3991 IN THE SENATE OF THE UNITED STATES April 5, 2022 Ms. Smith (for herself and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To direct the Secretary of Health and Human Services to conduct a demonstration program to test providing preferential treatment under the Medicare, Medicaid, and CHIP programs for certain drugs and biologicals manufactured in the United States.
1. Short title This Act may be cited as the American Made Pharmaceuticals Act of 2022 . 2. Demonstration program to test providing preferential treatment under the Medicare, Medicaid, and CHIP programs for certain drugs and biologicals manufactured in the United States Part A of title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by inserting after section 1150C the following: 1150D. Demonstration program to test providing preferential treatment under the Medicare, Medicaid, and CHIP programs for certain drugs and biologicals manufactured in the United States (a) In general Not later than 1 year after the date of enactment of this section, the Secretary shall conduct a demonstration program (in this section referred to as the Program ) under which U.S. manufactured drugs are given preference under titles XVIII, XIX, and XXI compared to drugs that are not U.S. manufactured drugs through the use of applicable tools. (b) Sites The Program shall be conducted in at least 8 States. (c) Duration The Secretary shall conduct the Program for a period of not less than 7 years. (d) Definitions In this section: (1) Applicable drug The term applicable drug means— (A) a drug that is approved and marketed under section 505(j) of the Federal Food, Drug, and Cosmetic Act; (B) a biological product that is licensed and marketed under section 351(k) of the Public Health Service Act; or (C) a critical drug. (2) Applicable U.S.-based pharmaceutical company The term applicable U.S.-based pharmaceutical company means a manufacturer (as defined in section 1860D–14A(g)(5))— (A) that has a manufacturing location in the United States for an applicable drug; (B) beginning 3 years after the date of the implementation of the Program, for which at least 50 percent of the starter products, by weight, for the applicable drugs manufactured by manufacturer are derived from countries other than covered nations (as defined in section 4871(d)(2) of title 10, United States Code); and (C) that, as determined by the Secretary— (i) maintains an appropriate level of transparency on locations of manufacturing; (ii) maintains an appropriate level of diversity in sourcing; (iii) maintains appropriate levels of inventory and emergency reserves; (iv) has in place an appropriate action plan for increases in demand and for when links in the supply chain break down; and (v) meets any other characteristics the Secretary determines appropriate. (3) Applicable tools The term applicable tools means tools determined appropriate by the Secretary, such as— (A) preferential treatment on a formulary; (B) providing lower cost-sharing; (C) waiving rebates under the Medicaid program under title XIX; (D) establishing a Medicare Star Rating under part D of title XVIII; or (E) providing bonus payments to providers of services and suppliers under part B of title XVIII. (4) Critical drug In this section, the term critical drug includes the following: (A) A medicine, medical countermeasure, or critical input identified on the list under section 3(c) of Executive Order 13944 of August 6, 2020 (85 Red. Reg 49929; relating to essential medicines, medical Countermeasures, and critical inputs). (B) A drug or biological that— (i) is not described in subparagraph (A); (ii) is approved and marketed under section 505(c) of the Federal Food, Drug, and Cosmetic Act or is licensed and marketed under section 351(a) of the Public Health Service Act (or is an active pharmaceutical ingredient of such a drug or biological); (iii) the Secretary determines— (I) is— (aa) likely to be needed for use in a public health emergency; or (bb) at high risk of short supply; and (II) has a vulnerable global supply chain. (5) U.S. manufactured drug The term U.S. manufactured drug means an applicable drug that is manufactured in the United States by an applicable U.S.-based pharmaceutical company. (e) Annual report to Congress Not later than 1 year after the date the Secretary implements the Program, and annually thereafter for as long as the Program is being conducted, the Secretary shall submit to Congress a report on activities under the Program, together with recommendations for such legislation and administrative action as the Secretary determines to be appropriate. (f) Waivers The Secretary may waive such provisions of this title and titles XVIII, XIX, and XXI as the Secretary determines necessary in order to implement the Program (g) Administrative funding There is authorized to be appropriated to the Secretary such sums as may be necessary for the administrative expenses of carrying out the Program, to remain available until expended. . | https://www.govinfo.gov/content/pkg/BILLS-117s3991is/xml/BILLS-117s3991is.xml |
117-s-3992 | II 117th CONGRESS 2d Session S. 3992 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. Brown (for himself, Mr. Menendez , Ms. Klobuchar , Ms. Smith , Mr. Van Hollen , Mr. Casey , Mr. Murphy , and Mr. Booker ) 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 deduction for certain expenses of elementary and secondary school teachers.
1. Short title This Act may be cited as the Educators Expense Deduction Modernization Act of 2022 . 2. Increase in deduction for certain expenses of elementary and secondary school teachers (a) In general Section 62(a)(2)(D) of the Internal Revenue Code of 1986 is amended— (1) by striking elementary and secondary school teachers in the heading and inserting eligible educators , and (2) by striking $250 and inserting $1,000 . (b) Conforming amendments Section 62(d)(3) of the Internal Revenue Code of 1986 is amended— (1) by striking 2015 and inserting 2022 , (2) by striking $250 and inserting $1,000 , and (3) by striking calendar year 2014 and inserting calendar year 2021 . (c) Effective date The amendments made by this section shall apply with respect to taxable years beginning December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3992is/xml/BILLS-117s3992is.xml |
117-s-3993 | II 117th CONGRESS 2d Session S. 3993 IN THE SENATE OF THE UNITED STATES April 5, 2022 Ms. Cortez Masto (for herself and Mr. Cornyn ) 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 allow penalty-free withdrawals from retirement plans for domestic abuse victims.
1. Short title This Act may be cited as the Savings Access For Escaping and Rebuilding Act of 2022 or the SAFER Act . 2. Penalty-free withdrawals from retirement plans for individuals in case of domestic abuse (a) In general Section 72(t)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (I) Distributions from retirement plan in case of domestic abuse (i) In general Any eligible distribution to a domestic abuse victim. (ii) Limitation The aggregate amount which may be treated as an eligible distribution to a domestic abuse victim by any individual shall not exceed an amount equal to the lesser of— (I) $10,000, or (II) 50 percent of the present value of the nonforfeitable accrued benefit of the employee under the plan. (iii) Eligible distribution to a domestic abuse victim For purposes of this subparagraph— (I) In general A distribution shall be treated as an eligible distribution to a domestic abuse victim if such distribution is from an applicable eligible retirement plan to an individual and made during the 1-year period beginning on any date on which the individual is a victim of domestic abuse by a spouse or domestic partner. (II) Domestic abuse The term domestic abuse means physical, psychological, sexual, emotional, or economic abuse, including efforts to control, isolate, humiliate, or intimidate the victim, or to undermine the victim’s ability to reason independently, including by means of abuse of the victim’s child or another family member living in the household. (iv) Treatment of plan distributions (I) In general If a distribution to an individual would (without regard to clause (ii)) be an eligible distribution to a domestic abuse victim, a plan shall not be treated as failing to meet any requirement of this title merely because the plan treats the distribution as an eligible distribution to a domestic abuse victim, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds the limitation under clause (ii). (II) Controlled group For purposes of subclause (I), the term controlled group means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414. (v) Amount distributed may be repaid (I) In general Any individual who receives a distribution described in clause (i) may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an applicable eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. (II) Limitation on contributions to applicable eligible retirement plans other than iras The aggregate amount of contributions made by an individual under subclause (I) to any applicable eligible retirement plan which is not an individual retirement plan shall not exceed the aggregate amount of eligible distributions to a domestic abuse victim which are made from such plan to such individual. Subclause (I) shall not apply to contributions to any applicable eligible retirement plan which is not an individual retirement plan unless the individual is eligible to make contributions (other than those described in subclause (I)) to such applicable eligible retirement plan. (III) Treatment of repayments of distributions from applicable eligible retirement plans other than IRAs If a contribution is made under subclause (I) with respect to an eligible distribution to a domestic abuse victim from an applicable eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the applicable eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (IV) Treatment of repayments for distributions from IRAs If a contribution is made under subclause (I) with respect to an eligible distribution to a domestic abuse victim from an individual retirement plan, then, to the extent of the amount of the contribution, such distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the applicable eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (vi) Definition and special rules For purposes of this subparagraph: (I) Applicable eligible retirement plan The term applicable eligible retirement plan means an eligible retirement plan (as defined in section 402(c)(8)(B)) other than a defined benefit plan. (II) Exemption of distributions from trustee to trustee transfer and withholding rules For purposes of sections 401(a)(31), 402(f), and 3405, an eligible distribution to a domestic abuse victim shall not be treated as an eligible rollover distribution. (III) Distributions treated as meeting plan distribution requirements; self-certification Any distribution which the employee or participant certifies as being an eligible distribution to a domestic abuse victim shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A). . (b) Effective date The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3993is/xml/BILLS-117s3993is.xml |
117-s-3994 | II 117th CONGRESS 2d Session S. 3994 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. Manchin (for himself and Mr. Tuberville ) 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 require the Secretary of Veterans Affairs to repay the estates of deceased beneficiaries for certain benefits paid by the Secretary and misused by fiduciaries of such beneficiaries, and for other purposes.
1. Short title This Act may be cited as the Restoring Benefits to Defrauded Veterans Act of 2022 . 2. Repayment by the Secretary of Veterans Affairs of estates of deceased beneficiaries for certain benefits paid by the Secretary and misused by fiduciaries Section 6107 of title 38, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by inserting after subsection (b) the following new subsection (c): (c) Reissuance of amounts in the case of a deceased beneficiary (1) If a beneficiary described in subsection (a) predeceases a payment under subsection (a) or (b), the Secretary shall pay such benefits, subject to paragraph (2), to an individual or entity in the following order: (A) The estate of the beneficiary. (B) A successor fiduciary serving the beneficiary when the beneficiary died. (C) The next inheritor determined by a court of competent jurisdiction. (2) The Secretary may not make a payment under this subsection to a fiduciary who misused benefits of the beneficiary. ; and (3) in subsection (e), as redesignated, by striking subsection (a) or (b) and inserting this section . | https://www.govinfo.gov/content/pkg/BILLS-117s3994is/xml/BILLS-117s3994is.xml |
117-s-3995 | II 117th CONGRESS 2d Session S. 3995 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Harmonized Tariff Schedule of the United States to provide for permanent duty-free treatment on imports of basketballs.
1. Permanent duty-free treatment on imports of basketballs (a) In general Chapter 95 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new subheading, with the article description having the same degree of indentation as the article description for subheading 9506.62.40: 9506.62.70 Basketballs Free 30% . (b) Conforming amendments (1) Chapter 95 of the Harmonized Tariff Schedule of the United States, as amended by subsection (a), is further amended by redesignating subheading 9506.62.80 as subheading 9506.62.81. (2) Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking headings 9902.17.75, 9902.17.76, and 9902.17.77. (3) U.S. Note 20(s)(i) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking 9506.62.80 and by inserting 9506.62.70 and 9506.62.81 in appropriate sequence. (c) Effective date The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3995is/xml/BILLS-117s3995is.xml |
117-s-3996 | II 117th CONGRESS 2d Session S. 3996 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. Risch (for himself, Mr. Crapo , Mr. Hagerty , Mr. Scott of South Carolina , Mr. Moran , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for a method by which the economic costs of significant regulatory actions may be offset by the repeal of other regulatory actions, and for other purposes.
1. Short title This Act may be cited as the Reducing Regulatory Burdens Act . 2. Sense of Congress; purpose (a) Sense of Congress It is the sense of Congress that the Federal Government should be prudent and financially responsible in the expenditure of funds, from both public and private sources. In addition to the management of the direct expenditure of taxpayer dollars through the budgeting process, it is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations. (b) Purpose The purpose of this Act is— (1) to remove unnecessary or outdated regulations when a new significant regulation is issued; and (2) to prudently manage and control the cost of planned regulations through an annual budgeting process. 3. Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Agency RRO The term agency RRO means the Regulatory Reform Officer of an agency designated under section 4(a). (3) Costs The term costs means opportunity cost to society. (4) Cost savings The term cost savings means the cost imposed by a regulatory action that is eliminated by the repeal, replacement, or modification of the regulatory action. (5) Deregulatory action The term deregulatory action means the repeal, replacement, or modification of an existing regulatory action. (6) Director The term Director means the Director of the Office of Management and Budget. (7) Incremental regulatory cost The term incremental regulatory cost means the difference between the estimated cost of issuing a significant regulatory action and the estimated cost saved by issuing any deregulatory action. (8) Regulation; rule The term regulation or rule has the meaning given the term rule in section 551 of title 5, United States Code. (9) Regulatory action The term regulatory action means— (A) any regulation; and (B) any other regulatory guidance, statement of policy, information collection request, form, or reporting, recordkeeping, or disclosure requirements that imposes a burden on the public or governs agency operations. (10) Significant regulatory action The term significant regulatory action means any regulatory action, other than monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee, that is likely to— (A) have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; (B) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (D) raise a novel legal or policy issue. (11) State The term State means each of the several States, the District of Columbia, and each territory or possession of the United States. (12) Task Force The term Task Force means the regulatory reform task force of an agency described in section 4(b). 4. Establishing regulatory reform capacity (a) Regulatory reform officers (1) In general Except as provided in section 7, not later than 60 days after the date of enactment of this Act, the head of each agency shall designate an employee or officer of the agency as the Regulatory Reform Officer. (2) Duties In accordance with applicable law and in consultation with relevant senior agency officials, each agency RRO shall oversee— (A) the implementation of regulatory reform initiatives and policies for the agency to ensure that the agency effectively carries out regulatory reforms; and (B) the termination of programs and activities that derive from or implement statutes, Executive orders, guidance documents, policy memoranda, rule interpretations, and similar documents, or relevant portions thereof, that have been repealed or rescinded. (b) Regulatory Reform Task Forces (1) Establishment of agency task force; membership Except as provided in section 7, not later than 60 days after the date of the enactment of this Act, the head of each agency shall appoint and may remove members to the regulatory reform task force of the agency, which shall be composed of the following members: (A) The agency RRO. (B) A senior agency official from each relevant component or office of the agency with significant authority for issuing or repealing regulatory actions. (C) Additional senior agency officials involved in the development of rulemaking or other regulatory action at the agency, as determined by the head of the agency. (2) Chair Unless otherwise designated by the head of the agency, the agency RRO shall chair the Task Force of the agency. (3) Joint task forces (A) In general For the consideration of a joint rulemaking, the Director may form a joint regulatory reform task force composed of not less than 1 member from the Task Force of each relevant agency. (B) Consultation Any joint regulatory reform task force formed under this paragraph shall consult with each relevant Task Force. (4) Duties Each Task Force shall— (A) conduct ongoing evaluations of regulations and other regulatory actions and make recommendations that are consistent with and that could be implemented in accordance with applicable law to the head of the agency regarding repeal, replacement, or modification of regulations and regulatory actions; and (B) to the extent practicable— (i) not later than 5 years after the date of enactment of this Act, complete a review of each regulation issued by the agency; (ii) for each regulation or regulatory action reviewed and identified for repeal, replacement, or modification, estimate the cost savings of the repeal, replacement, or modification, as applicable; and (iii) identify regulations that are appropriate for repeal, replacement, or modification, and prioritize the evaluation of regulations that— (I) eliminate or have eliminated jobs or inhibit or have inhibited job creation; (II) are outdated, unnecessary, or ineffective; (III) impose costs that exceed benefits; (IV) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; (V) were issued or are maintained in a manner that is inconsistent with the requirements of section 515 of the Treasury and General Government Appropriations Act, 2001 ( 44 U.S.C. 3516 note), or the guidance issued pursuant to that section, including any rule that relies in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or (VI) were made pursuant to or to implement statutes, Executive orders, or other Presidential directives that have been subsequently rescinded or substantially modified. (c) Consultation with stakeholders In performing the tasks under this section, each agency RRO and Task Force— (1) shall seek input and other assistance from the public and from entities significantly affected by regulations, including State, local, and Tribal governments, small businesses, consumers, non-governmental organizations, and trade associations; and (2) may— (A) incorporate specific suggestions from stakeholders in identifying the list of deregulatory actions to recommend to the head of the agency; and (B) accept or solicit input from the public in any manner, if— (i) the process is transparent to the public and Congress; (ii) a list of each meeting, a list of each stakeholder that submitted a comment, and a copy of each written comment are made publicly available online; and (iii) the Task Force issues a public notice of any public meeting to solicit input not less than 7 days before the public meeting and makes detailed minutes of the meeting available online not less than 7 days after the date of the meeting. (d) Transparent regulatory reform (1) Website To the extent practicable, the head of each agency shall publish information about the Task Force of the agency and other regulatory reform initiatives on the website of the agency— (A) which shall include— (i) a list of the members of the Task Force of the agency; (ii) a copy of each report issued under this subsection; and (iii) a link to or copy of each notice of a meeting or solicitation of public comments issued by the Task Force of the agency; and (B) which may include— (i) an online forum to receive comments from the public; and (ii) any other information about the Task Force or other regulatory reform initiatives at the agency. (2) Report Not less than twice a year, each agency RRO shall submit to the head of the agency a report on the activities performed under this section and any recommendations resulting from those activities, which shall be posted by the head of the agency on a publicly accessible website and shall include the following: (A) A description of any improvement made toward implementation of regulatory reform initiatives and policies. (B) For each regulation or other regulatory action reviewed by the Task Force, a detailed description of the review. (C) An inventory of each regulation or regulatory action the Task Force recommends the agency consider for repeal, replacement, or modification. (D) A list of all activities conducted under subsection (c), a summary of all comments received, and a hyperlink to copies of each public comment received. 5. Accountability (a) Incorporation in performance plans (1) In general Each agency listed in section 901(b)(1) of title 31, United States Code, shall incorporate in the annual performance plan of the agency required under section 1115(b) of title 31, United States Code, performance indicators that measure progress implementing this Act. (2) OMB guidance The Director shall issue, and update as necessary, guidance regarding the implementation of this subsection. (b) Performance assessment The head of each agency shall consider the progress implementing this Act in assessing the performance of the Task Force of the agency and those individuals responsible for developing and issuing agency rules. 6. Regulatory planning and budget (a) Unified agenda and annual regulatory plan (1) Unified regulatory agenda During the months of April and October of each year, the Director shall publish a unified regulatory agenda, which shall include— (A) regulatory and deregulatory actions under development or review at agencies; (B) a Federal regulatory plan of all significant regulatory actions and associated deregulatory actions that agencies reasonably expect to issue in proposed or final form in the current and following fiscal year; and (C) all information required to be included in the regulatory flexibility agenda under section 602 of title 5, United States Code. (2) Agency submissions In accordance with guidance issued by the Director and not less than 60 days before each date of publication for the unified regulatory agenda under paragraph (1), the head of each agency shall submit to the Director an agenda of all regulatory actions and deregulatory actions under development at the agency, including the following: (A) For each regulatory action and deregulatory action: (i) A regulation identifier number. (ii) A brief summary of the action. (iii) The legal authority for the action. (iv) Any legal deadline for the action. (v) The name and contact information for a knowledgeable agency official. (vi) Any other information as required by the Director. (B) An annual regulatory plan, which shall include a list of each significant regulatory action the agency reasonably expects to issue in proposed or final form in the current and following fiscal year, including for each significant regulatory action: (i) A summary, including the following: (I) A statement of the regulatory objectives. (II) The legal authority for the action. (III) A statement of the need for the action. (IV) The agency’s schedule for the action. (ii) The estimated cost. (iii) The estimated benefits. (iv) Any deregulatory action identified to offset the estimated cost of such significant regulatory action and an explanation of how the agency will continue to achieve regulatory objectives if the deregulatory action is taken. (v) A best approximation of the total cost or savings and any cost or savings associated with a deregulatory action. (vi) An estimate of the economic effects, including any estimate of the net effect that such action will have on the number of jobs in the United States, that was considered in drafting the action, or, if such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the action has been considered. (C) Information required under section 602 of title 5, United States Code. (D) Information required under any other law to be reported by agencies about significant regulatory actions, as determined by the Director. (b) Federal regulatory budget (1) Establishment In the April unified regulatory agenda described in subsection (a), the Director— (A) shall establish the annual Federal Regulatory Budget, which specifies the net amount of incremental regulatory costs allowed by the Federal Government and at each agency for the next fiscal year; and (B) may set the incremental regulatory cost allowance to allow an increase, prohibit an increase, or require a decrease of incremental regulatory costs. (2) Default net incremental regulatory cost If the Director does not set a net amount of incremental regulatory costs allowed for an agency, the net incremental regulatory cost allowed shall be zero. (3) Balance rollover of incremental regulatory cost allowance (A) In general If an agency does not exhaust all of the incremental regulatory cost allowance for a fiscal year, the balance may be added to the incremental regulatory cost allowance for the subsequent fiscal year, without increasing the incremental regulatory costs allowed for the Federal Government for the subsequent fiscal year. (B) Total carryover The Director shall identify the total carryover incremental regulatory cost allowance available to an agency in the Federal Regulatory Budget. (c) Significant regulatory action requirements Except as otherwise required by law, a significant regulatory action shall have no effect unless— (1) the— (A) head of the agency identifies not less than 2 deregulatory actions to offset the costs of the significant regulatory action, and to the extent feasible, issues those deregulatory actions before or on the same schedule as the significant regulatory action; (B) incremental costs of the significant regulatory action as offset by any deregulatory action issued before or on the same schedule as the significant regulatory action do not cause the agency to exceed or contribute to the agency exceeding the incremental regulatory cost allowance of the agency for that fiscal year; and (C) significant regulatory action was included on the most recent version or update of the published unified regulatory agenda; or (2) the issuance of the significant regulatory action was approved in advance in writing by the Director and the written approval is publicly available online prior to the issuance of the significant regulatory action. (d) Guidance by OMB (1) In general Not later than 90 days after the date of enactment of this Act, the Director shall establish and issue guidance on how agencies should comply with the requirements of this section, which shall include the following: (A) A process for standardizing the measurement and estimation of regulatory costs, including cost savings associated with deregulatory actions. (B) Standards for determining what qualifies as a deregulatory action. (C) Standards for determining the costs of existing regulatory actions that are considered for repeal, replacement, or modification. (D) A process for accounting for costs in different fiscal years. (E) Methods to oversee the issuance of significant regulatory actions offset by cost savings achieved at different times or by different agencies. (F) Emergencies and other circumstances that may justify individual waivers of the requirements of this section. (G) Standards by which the Director will determine whether a regulatory action or a collection of regulatory actions qualifies as a significant regulatory action. (2) Updates to guidance The Director shall update the guidance issued pursuant to this section as necessary. 7. Waiver (a) Waiver authority Upon the written request of the head of an agency, the Director may issue a written waiver of the requirements of section 4 if the Director determines that the agency generally issues very few or no rules. (b) Revocation of waiver The Director may revoke at any time a waiver issued under this section. (c) Public availability of waivers The Director shall maintain a publicly available list of each agency that is operating under a waiver issued under this section. (d) Requirement for waiver A waiver shall not be effective unless the written waiver and the written request of the agency are publicly available on the website of the Office of Management and Budget. | https://www.govinfo.gov/content/pkg/BILLS-117s3996is/xml/BILLS-117s3996is.xml |
117-s-3997 | II 117th CONGRESS 2d Session S. 3997 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. McConnell introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Land Between the Lakes Protection Act of 1998 to clarify the administration of the Land Between the Lakes National Recreation Area, and for other purposes.
1. Short title This Act may be cited as the Land Between the Lakes Recreation and Heritage Act or the LBL Recreation and Heritage Act . 2. Administration of the Land Between the Lakes National Recreation Area (a) Definitions Section 502 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll ) is amended— (1) in paragraph (5)(B)— (A) in clause (viii), by striking and after the semicolon at the end; (B) in clause (ix), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (x) division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act ). ; (2) by redesignating paragraphs (11) through (15) as paragraphs (12) through (16), respectively; and (3) by inserting after paragraph (10) the following: (11) Qualified resident or relative The term qualified resident or relative means— (A) a former resident of the area within the Recreation Area or the spouse of a former resident of that area; or (B) a widow, widower, or lineal descendant of an individual buried in a cemetery located in the Recreation Area. . (b) Establishment Section 511(b) of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –11(b)) is amended by striking paragraph (3) and inserting the following: (3) Status of unit The Secretary shall administer the Recreation Area as a separate unit of the National Forest System. . (c) Advisory board Section 522 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –22) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking 17 and inserting 13 ; (B) by striking paragraphs (4) and (5); (C) in paragraph (3), by adding and after the semicolon at the end; and (D) by redesignating paragraph (6) as paragraph (4); (2) in subsection (c), by striking paragraph (2) and inserting the following: (2) Nonconsecutive terms Members of the Advisory Board may serve multiple terms, but may not serve consecutive terms. ; (3) in subsection (f)— (A) in the matter preceding paragraph (1), by striking may advise and inserting shall advise and partner with ; (B) in paragraph (1), by striking and after the semicolon at the end; (C) in paragraph (2), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (3) developing an annual work plan for recreation and environment education areas in the Recreation Area, including the heritage program, with the nonappropriated amounts in the Land Between the Lakes Management Fund; (4) developing an annual forest management and harvest plan for the Recreation Area; and (5) the balance and status of the Land Between the Lakes Management Fund. ; and (4) in subsection (g)— (A) in paragraph (1), by striking biannually and inserting twice each year ; (B) in paragraph (3), by inserting , on a public website of the Department of Agriculture, before and by ; and (C) by adding at the end the following: (4) Minutes The chairperson of the Advisory Board shall publish the minutes of each meeting of the Advisory Board on a public website of the Department of Agriculture. . (d) Fees Section 523(a) of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –23(a)) is amended by striking may charge reasonable fees and inserting shall charge reasonable fees, as determined by the Advisory Board, . (e) Disposition of receipts Section 524 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –24) is amended by striking subsection (b) and inserting the following: (b) Use Amounts in the Land Between the Lakes Management Fund— (1) shall be available to the Secretary until expended, without further appropriation, to perform new work or deferred maintenance in the Recreation Area; and (2) shall not be available for the payment of salaries or other expenses. . (f) Cooperative authorities and gifts Section 526 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –26) is amended by adding at the end the following: (c) Memoranda of understanding The Secretary is encouraged, for purposes of carrying out this Act— (1) to enter into memoranda of understanding with State or local government entities, including law enforcement, as appropriate, to clarify jurisdictional matters, such as road management, policing, and other functions that are typically performed by the entity on non-Federal land; and (2) to make available on a public website of the Department of Agriculture any memoranda of understanding entered into under paragraph (1). . (g) Cemeteries Section 528 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –28) is amended— (1) by striking The Secretary and inserting the following: (a) In general The Secretary ; and (2) by adding at the end the following: (b) Land for plots for qualified residents or relatives (1) Requests The Secretary, on request from a qualified resident or relative or a cemetery association, shall grant additional land for the expansion of existing cemeteries within the Recreation Area to allow for the burial of qualified residents or relatives. (2) Expenses Any expenses required to move border fences or markers due to an expansion under paragraph (1) shall be the responsibility of the person making the request under that paragraph. . (h) Resource management Section 529 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –29) is amended by adding at the end the following: (c) Historical resources (1) In general The Secretary shall identify and manage the historical resources of the Recreation Area— (A) in accordance with the requirements of division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act ); and (B) in coordination with qualified residents or relatives. (2) Consideration The Secretary shall— (A) give consideration to requests by qualified residents or relatives to use and maintain traditional sites, buildings, cemeteries, and other areas of cultural importance in the Recreation Area; and (B) work cooperatively with qualified residents or relatives in the management of the historical resources of the Recreation Area. . (i) Authorization of appropriations Section 551 of the Land Between the Lakes Protection Act of 1998 ( 16 U.S.C.460 lll –61) is amended by adding at the end the following: (d) Minimum expenditure Subject to the availability of appropriations under subsection (a), the Secretary shall make available not less than $8,000,000 each fiscal year for the purposes of administering the Recreation Area (not including salaries and expenses). . | https://www.govinfo.gov/content/pkg/BILLS-117s3997is/xml/BILLS-117s3997is.xml |
117-s-3998 | II 117th CONGRESS 2d Session S. 3998 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mrs. Capito (for herself, Mr. Inhofe , Mr. Cramer , Ms. Lummis , Mr. Boozman , Mr. Wicker , Mr. Barrasso , Mr. Cornyn , Mr. Scott of Florida , Mr. Hoeven , Mrs. Blackburn , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To clarify the inability of the President to declare national emergencies under the National Emergencies Act, major disasters or emergencies under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and public health emergencies under the Public Health Service Act on the premise of climate change, and for other purposes.
1. Short title This Act may be cited as the Real Emergencies Act . 2. Clarification of executive inability to declare certain national emergencies, major disasters, emergencies, and public health emergencies (a) National emergency The President may not declare a national emergency under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) on the premise of climate change. (b) Major disaster; emergency The President may not declare a major disaster or emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191) on the premise of climate change. (c) Public health emergency The President may not declare a public health emergency under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on the premise of climate change. (d) Rule of construction Nothing in this Act shall be construed to imply the authority of the President before the date of enactment of this Act to declare, on the premise of climate change— (1) a national emergency under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ); (2) a major disaster or emergency under the under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191); or (3) a public health emergency under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). | https://www.govinfo.gov/content/pkg/BILLS-117s3998is/xml/BILLS-117s3998is.xml |
117-s-3999 | II 117th CONGRESS 2d Session S. 3999 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. Scott of Florida (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit Amnesty International and its employees from receiving financial assistance from the United States Government.
1. Ineligibility of Amnesty International and its employees for Federal assistance (a) Amnesty International Notwithstanding any other provision of law, Amnesty International is ineligible to receive any money or assets from the United States Government. (b) Employees of Amnesty International Notwithstanding any other provision of law, any employee of Amnesty International is ineligible to receive any direct financial benefit from the United States Government. | https://www.govinfo.gov/content/pkg/BILLS-117s3999is/xml/BILLS-117s3999is.xml |
117-s-4000 | II 117th CONGRESS 2d Session S. 4000 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. Portman (for himself, Ms. Klobuchar , Mr. Blunt , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the establishment of cybersecurity information sharing agreements between the Department of Homeland Security and Congress, and for other purposes.
1. Short title This Act may be cited as the Intragovernmental Cybersecurity Information Sharing Act . 2. Requirement for information sharing agreements (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with other appropriate Executive agencies (as defined in section 105 of title 5, United States Code, including the Executive Office of the President) and officials, shall enter into 1 or more cybersecurity information sharing agreements with the Sergeant at Arms and Doorkeeper of the Senate and the Chief Administrative Officer of the House of Representatives to ensure robust collaboration between the executive branch and Congress on Federal cybersecurity. (b) Elements The parties to a cybersecurity information sharing agreement under subsection (a) shall jointly develop such elements of the agreement as the parties find appropriate, which may include— (1) direct and timely sharing of technical indicators and contextual information on cyber threats and vulnerabilities; (2) direct and timely sharing of classified and unclassified reports on cyber threats and activities; and (3) seating of cybersecurity personnel of the Senate or the House of Representatives at cybersecurity operations centers. (c) Briefing to Congress Not later than 210 days after the date of enactment of this Act, and periodically thereafter, the Secretary of Homeland Security shall brief the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate and the Committee on Homeland Security and the Committee on House Administration of the House of Representatives on the status of the implementation of the agreements required under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s4000is/xml/BILLS-117s4000is.xml |
117-s-4001 | II 117th CONGRESS 2d Session S. 4001 IN THE SENATE OF THE UNITED STATES April 5, 2022 Ms. Ernst (for herself and Mr. Van Hollen ) 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 use the voice, vote, and influence of the United States to suspend participation of the Russian Federation in certain international organizations.
1. Short title This Act may be cited as the Russian Federation Suspension Act of 2022 . 2. Findings Congress makes the following findings: (1) In March and April 2014, the Russian military invaded and annexed the Ukrainian peninsula of Crimea, and the Russian Federation took action to establish pro-Russian separatist States in the Donbas region of Ukraine. (2) The Russian Federation has failed to follow the cease-fire agreements established by the Minsk 1 and Minsk 2 accords, and conflict has been present in Ukraine since such invasion and annexation. (3) Throughout 2021, Russia amassed troops, weapon systems, and hardware on the border of Russia and Ukraine. (4) On December 17, 2021, the Russian Federation presented the North Atlantic Treaty Organization (NATO) with a list of security demands, including that NATO would never allow Ukraine, or other former Soviet States, into the alliance. These demands are non-starters for NATO and its open door policy , which dates to the alliance’s founding, and gives no third-party a say in such deliberations. These demands were only offered as a justification for a Russian invasion. (5) On February 21, 2022, President Vladimir Putin officially recognized the regions of Donetsk and Luhansk as independent States despite international consensus that they remain part of the sovereign territory of Ukraine. (6) On February 22, 2022, President Putin ordered Russian troops to enter Donetsk and Luhansk on a peacekeeping mission while setting the stage for a larger invasion. (7) On February 24, 2022, President Putin ordered Russian forces to conduct a full-scale invasion, moving beyond the regions of Donetsk and Luhansk and initiating attacks throughout broader Ukrainian territory. (8) Russian forces continue to devastate Ukraine’s hospitals, schools, homes, and other civilian infrastructure and to threaten nuclear power plants with heavy artillery, multi-launch rocket systems, and munitions systems with no regard for civilian casualties. (9) The Russian Federation’s position on the United Nations Human Rights Council and other multilateral organizations is predicated on a commitment to international peace and security. Russia has plainly violated this commitment with its actions. (10) The precedent for suspending countries from the United Nations Human Rights Council is firm. In 2011, in the wake of Muammar Al-Qadhafi’s violent crackdown on anti-government protestors, the United Nations General Assembly suspended Libya’s membership in the Council. (11) The grave violations of human rights and the war crimes committed by the Russian Federation in its invasion of Ukraine undermine the credibility of the United Nations Human Rights Council while the Russian Federation continues to sit on the council. It emboldens United States adversaries to continue to threaten freedom, peace, and security without fear of being diplomatically cut off from the international rules-based order. (12) The Russian Federation has repeatedly abused INTERPOL’s mechanisms and procedures, including its Red Notices, to harass and seek the arrest and transfer of dissidents and opponents of the Kremlin. 3. Statement of policy It is the policy of the United States to— (1) seek suspension of the Russian Federation’s membership on the United Nations (UN) Human Rights Council; (2) seek suspension of the Russian Federation’s access to INTERPOL systems, block issuance of Red Notices to the Russian Federation, and not recognize Red Notices issued by the Russian Federation; (3) seek suspension of the Russian Federation from the G20 grouping; (4) oppose any non-humanitarian loan, grant, or other action in any international financial institution, including the World Bank and the International Monetary Fund, that could provide resources or relief to the Russian Federation; and (5) support efforts to censure the Russian Federation in other multilateral organizations, as appropriate. 4. Actions required The Secretary of State shall instruct the United States Ambassador to the United Nations and the United States representatives at other international organizations described in section 3 to use the voice, vote, and influence of the United States to— (1) call for the UN Human Rights Council to convene a special session focused on the human rights violations committed by the Russian Federation during its invasion of Ukraine; (2) oppose the Russian Federation’s membership on the UN Human Rights Council; (3) oppose the Russian Federation’s access to INTERPOL systems; (4) oppose the Russian Federation’s participation and membership in the G20 grouping; (5) oppose any development cooperation, official development assistance, programmatic or other trust fund, loan guarantee, or any other form of financial assistance to the Russian Federation, other than assistance that would immediately support a core United States national security interest; (6) oppose any non-humanitarian loan, grant, or other action by any international financial institution that could provide financial resources or other relief to the Russian Federation; and (7) support efforts to censure the Russian Federation in other multilateral organizations, as appropriate. 5. Prohibition on cooperation with Russia on INTERPOL The United States shall ban the Russian Federation from accessing any United States information held in databases maintained by INTERPOL, and United States law enforcement and executive agencies shall not recognize Red Notices issued by the Russian Federation. 6. Termination The President may terminate the actions required under sections 3, 4, and 5 after determining and certifying to Congress that the Russian Federation has— (1) verifiably withdrawn all of its forces from all territory of Ukraine that was not occupied or subject to control by forces or proxies of the Government of the Russian Federation before December 1, 2021; and (2) ceased all hostilities towards Ukraine. 7. Report requirements Not later than one year after the date of the enactment of this Act, the Secretary of State, the Secretary of the Treasury, and the Attorney General shall submit to Congress a joint report that includes the following elements: (1) A description of the voting power, shares, and representation of the Russian Federation in the United Nations and other multinational organizations. (2) A detailed listing of citizens from the Russian Federation employed at or above the P–1 level or equivalent in the United Nations, other multinational organizations, and international financial institutions in which the United States is a member, accompanied by a classified assessment of such citizens' impartiality and efforts, known or suspected, to advance the policy priorities of the Russian Federation. (3) A report on efforts to implement the actions described in section 4. | https://www.govinfo.gov/content/pkg/BILLS-117s4001is/xml/BILLS-117s4001is.xml |
117-s-4002 | II 117th CONGRESS 2d Session S. 4002 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mrs. Gillibrand (for herself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Equal Credit Opportunity Act to require the collection of small business loan data related to LGBTQ-owned businesses.
1. Short title This Act may be cited as the LGBTQ Business Equal Credit Enforcement and Investment Act . 2. Small business loan data collection Section 704B of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c–2 ) is amended— (1) by inserting LGBTQ-owned, after minority-owned, each place the term appears; (2) in subsection (e)(2)(G), by inserting sexual orientation, gender identity, after sex, ; and (3) in subsection (h), by adding at the end the following: (7) LGBTQ-owned business The term LGBTQ-owned business means a business— (A) more than 50 percent of the ownership or control of which is held by 1 or more individuals self-identifying as lesbian, gay, bisexual, transgender, or queer; and (B) more than 50 percent of the net profit or loss of which accrues to 1 or more individuals self-identifying as lesbian, gay, bisexual, transgender, or queer. . | https://www.govinfo.gov/content/pkg/BILLS-117s4002is/xml/BILLS-117s4002is.xml |
117-s-4003 | II 117th CONGRESS 2d Session S. 4003 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. Cornyn (for himself, Mr. Whitehouse , Mr. Cassidy , Ms. Hassan , Mr. Scott of South Carolina , Mr. Coons , Mrs. Capito , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for training on alternatives to use of force, de-escalation, and mental and behavioral health and suicidal crises.
1. Short title This Act may be cited as the Law Enforcement De-Escalation Training Act of 2022 . 2. Training on alternatives to use of force, de-escalation, and mental and behavioral health crises (a) Definitions Section 901(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251(a) ) is amended— (1) in paragraph (27), by striking and at the end; (2) in paragraph (28), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (29) the term de-escalation means taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary; (30) the term mental or behavioral health or suicidal crisis — (A) means a situation in which the behavior of a person— (i) puts the person at risk of hurting himself or herself or others; or (ii) impairs or prevents the person from being able to care for himself or herself or function effectively in the community; and (B) includes a situation in which a person— (i) is under the influence of a drug or alcohol, is suicidal, or experiences symptoms of a mental illness; or (ii) may exhibit symptoms, including emotional reactions (such as fear or anger), psychological impairments (such as inability to focus, confusion, or psychosis), and behavioral reactions (such as the trigger of a freeze, fight, or flight response); (31) the term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ); (32) the term crisis intervention team means a collaborative, interdisciplinary team that brings together specially trained law enforcement officers, mental health providers, and other community stakeholders to respond to mental health-related calls, use appropriate de-escalation techniques, and assess if referral to services or transport for mental health evaluation is appropriate; and (33) the term covered mental health professional means a mental health professional working on a crisis intervention team— (A) as an employee of a law enforcement agency; or (B) under a legal agreement with a law enforcement agency. . (b) COPS program Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended by adding at the end the following: (n) Training in alternatives to use of force, de-Escalation techniques, and mental and behavioral health crises (1) Training curricula (A) In general Not later than 180 days after the date of enactment of this subsection, the Attorney General shall develop training curricula and identify effective existing training curricula for law enforcement officers and for covered mental health professionals regarding— (i) alternatives to use of force and de-escalation tactics; (ii) safely responding to an individual experiencing a mental or behavioral health or suicidal crisis or an individual with a disability, including techniques and strategies that are designed to protect the safety of that individual, law enforcement officers, mental health professionals, and the public; (iii) successfully participating on a crisis intervention team; and (iv) making referrals to community-based mental and behavioral health services and support, housing assistance programs, public benefits programs, the National Suicide Prevention Lifeline, and other services. (B) Requirements The training curricula developed or identified under this paragraph shall include— (i) scenario-based exercises; (ii) pre-training and post-training tests to assess relevant knowledge and skills covered in the training curricula; and (iii) follow-up evaluative assessments to determine the degree to which participants in the training apply, in their jobs, the knowledge and skills gained in the training. (C) Consultation The Attorney General shall develop and identify training curricula under this paragraph in consultation with relevant law enforcement agencies of States and units of local government, associations that represent individuals with mental or behavioral health diagnoses or individuals with disabilities, labor organizations, professional law enforcement organizations, local law enforcement labor and representative organizations, law enforcement trade associations, mental health and suicide prevention organizations, family advocacy organizations, and civil liberties groups. (2) Certified programs (A) In general Not later than 180 days after the date of enactment of this subsection, the Attorney General shall establish a process to— (i) certify public and private entities that offer courses to law enforcement officers or covered mental health professionals using 1 or more of the training curricula developed or identified under paragraph (1), or equivalents to such training curricula, which may include certifying an entity that was providing such a course on or before the date on which the Attorney General establishes the process; and (ii) terminate the certification of an entity if the courses offered by the entity fail to continue to meet the standards under the training curricula developed or identified under paragraph (1). (B) Partnerships with mental health organizations and educational institutions Not later than 180 days after the date of enactment of this subsection, the Attorney General shall develop criteria to ensure that public and private entities certified under subparagraph (A) collaborate with local mental health organizations to— (i) enhance the training experience of law enforcement officers through consultation with and the participation of individuals with mental or behavioral health diagnoses or disabilities, particularly such individuals who have interacted with law enforcement officers; and (ii) strengthen relationships between health care services and law enforcement agencies. (3) Transitional regional training programs for state and local agency personnel (A) In general Until the date that is 2 years after the date on which the Attorney General develops and identifies training curricula under paragraph (1), the Attorney General shall, and thereafter may, provide, in collaboration with law enforcement training academies of States and units of local government as appropriate, regional training to equip and certify personnel from law enforcement agencies of States and units of local government in a State to conduct training using 1 or more of the training curricula developed or identified under paragraph (1), or equivalents to such training curricula. (B) Continuing education The Attorney General shall develop and implement continuing education requirements for personnel from law enforcement agencies of States and units of local government certified under subparagraph (A). (4) List Not later than 1 year after the Attorney General completes the activities described in paragraphs (1) and (2), the Attorney General shall publish a list of law enforcement agencies of States and units of local government employing law enforcement officers or using covered mental health professionals who have successfully completed a course using 1 or more of the training curricula developed or identified under paragraph (1), or equivalents to such training curricula, which shall include— (A) the total number of law enforcement officers that are employed by the agency; (B) the number of such law enforcement officers who have completed such a course; (C) whether personnel from the law enforcement agency have been certified under paragraph (3) to conduct the training; (D) the total number of covered mental health professionals who work with the agency; and (E) the number of such covered mental health professionals who have completed such a course. (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2022 through 2026. . (c) Byrne JAG program Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. ) is amended— (1) by redesignating section 508 as section 509; and (2) by inserting after section 507 the following: 508. Law enforcement training programs (a) Definitions In this section— (1) the term approved training course means a course using 1 or more of the training curricula developed or identified under section 1701(n)(1) or equivalents to such training curricula— (A) provided by the Attorney General under section 1701(n)(3); or (B) provided by a certified entity; and (2) the term certified entity means a public or private entity that has been certified by the Attorney General under section 1701(n)(2), which may include a law enforcement agency or law enforcement training academy of a State or unit of local government the personnel of which have been certified to conduct training pursuant to section 1701(n)(3). (b) Authority (1) In general Not later than 90 days after the Attorney General completes the activities required by paragraphs (1) and (2) of section 1701(n), the Attorney General shall, from amounts made available to fund training programs pursuant to subsection (g), make grants to States for use by the State or a unit of government located in the State to— (A) pay for— (i) costs associated with conducting the training or, subject to paragraph (2), continuing education; and (ii) attendance by law enforcement officers or covered mental health professionals at an approved training course, including a course provided by a law enforcement training academy of a State or unit of local government; (B) procure training or, subject to paragraph (2), continuing education on 1 or more of the topics described in section 1701(n)(1)(A) from a certified entity; (C) in the case of a law enforcement agency of a unit of local government that employs fewer than 50 employees (determined on a full-time equivalent basis), pay for the costs of overtime accrued as a result of the attendance of a law enforcement officer or covered mental health professional at an approved training course for which the costs associated with conducting the approved training course are paid using amounts provided under this section; and (D) pay for the costs of developing mechanisms to comply with the reporting requirements established under subsection (d), in an amount not to exceed 5 percent of the total amount of the grant award. (2) Requirements for use for continuing education (A) Definition In this paragraph, the term covered topic means a topic covered under the curricula developed or identified under clause (i), (ii), or (iv) of section 1701(n)(1)(A). (B) Requirement to provide initial training A State or unit of local government shall ensure that all officers who have been employed with the State or unit of local government for at least 2 years have received training on all covered topics before the State or unit of local government uses amounts received under a grant under paragraph (1) for continuing education with respect to any covered topic. (C) Start date of availability of funding (i) In general Subject to clause (ii), a State or unit of local government may not use amounts received under a grant under paragraph (1) for continuing education with respect to a covered topic until the date that is 2 years after the date of enactment of the Law Enforcement De-Escalation Training Act of 2022 . (ii) Exception A State or unit of local government may use amounts received under a grant under paragraph (1) for continuing education with respect to a covered topic during the 2-year period beginning on the date of enactment of the Law Enforcement De-Escalation Training Act of 2022 if the State or unit of local government has complied with subparagraph (B) using amounts available to the State or unit of local government other than amounts received under a grant under paragraph (1). (3) Maintaining relationships with local mental health organizations A State or unit of local government that receives funds under this section shall establish and maintain relationships between law enforcement officers and local mental health organizations and health care services. (c) Allocation of funds (1) In general Of the total amount appropriated to carry out this section for a fiscal year, the Attorney General shall allocate funds to each State in proportion to the total number of law enforcement officers in the State that are employed by the State or a unit of local government within the State, as compared to the total number of law enforcement officers in the United States. (2) Retention of funds for training for State law enforcement officers proportional to number of State officers Each fiscal year, each State may retain, for use for the purposes described in this section, from the total amount of funds provided to the State under paragraph (1) an amount that is not more than the amount that bears the same ratio to such total amount as the ratio of— (A) the total number of law enforcement officers employed by the State; to (B) the total number of law enforcement officers in the State that are employed by the State or a unit of local government within the State. (3) Provision of funds for training for local law enforcement officers (A) In general A State shall make available to units of local government in the State for the purposes described in this section the amounts remaining after a State retains funds under paragraph (2). (B) Additional uses A State may, with the approval of a unit of local government, use the funds allocated to the unit of local government under subparagraph (A)— (i) to facilitate training or, subject to subsection (b)(2), continuing education in the 1 or more of the topics described in section 1701(n)(1)(A) to law enforcement officers employed by the unit of local government; or (ii) for the costs of training and certifying local law enforcement officers, including through law enforcement training academies of States and units of local government, to conduct training under section 1701(n)(3). (C) Consultation The Attorney General, in consultation with relevant law enforcement agencies of States and units of local government, associations that represent individuals with mental or behavioral health diagnoses or individuals with disabilities, labor organizations, professional law enforcement organizations, local law enforcement labor and representative organizations, law enforcement trade associations, mental health and suicide prevention organizations, family advocacy organizations, and civil liberties groups, shall develop criteria governing the allocation of funds to units of local government under this paragraph, which shall ensure that the funds are distributed as widely as practicable in terms of geographical location and to both large and small law enforcement agencies of units of local government. (D) Announcement of allocations Not later than 30 days after the date on which a State receives an award under paragraph (1), the State shall announce the allocations of funds to units of local government under subparagraph (A). A State shall submit to the Attorney General a report explaining any delays in the announcement of allocations under this subparagraph. (d) Reporting (1) Units of local government Any unit of local government that receives funds from a State under subsection (c)(3) for a training program described in subsection (b) shall submit to the State or the Attorney General an annual report with respect to the first fiscal year during which the unit of local government receives such funds and each of the 2 fiscal years thereafter that shall include— (A) the number of law enforcement officers employed by the unit of local government that have completed an approved training course, including an approved training course provided on or before the date on which the Attorney General begins certifying entities under section 1701(n)(2), the topics covered in those courses, and the number of officers who received training in each topic, including, at the election of the unit of local government, an approved training course using funds provided from a source other than the grants described under subsection (b); (B) the total number of law enforcement officers employed by the unit of local government; (C) a description of any barriers to providing training on the topics described in section 1701(n)(1)(A); (D) information gathered through— (i) pre-training and post-training tests that assess relevant knowledge and skills covered in the training curricula, as specified in section 1701(n)(1); and (ii) follow-up evaluative assessments to determine the degree to which participants in the training apply, in their jobs, the knowledge and skills gained in the training; and (E) the amount of funds received by the unit of local government under subsection (c)(3) and a tentative plan for training all law enforcement officers employed by the unit of local government using available and anticipated funds. (2) States A State receiving funds under this section shall submit to the Attorney General— (A) any report the State receives from a unit of local government under paragraph (1); and (B) if the State retains funds under subsection (c)(2) for a fiscal year, a report by the State for that fiscal year, and each of the 2 fiscal years thereafter— (i) indicating the number of law enforcement officers employed by the State that have completed an approved training course, including an approved training course provided on or before the date on which the Attorney General begins certifying entities under section 1701(n)(2), the topics covered in those courses, and the number of officers who received training in each topic, including, at the election of the State, an approved training course using funds provided from a source other than the grants described under subsection (b); (ii) indicating the total number of law enforcement officers employed by the State; (iii) providing information gathered through— (I) pre-training and post-training tests that assess relevant knowledge and skills covered in the training curricula, as specified in section 1701(n)(1); and (II) follow-up evaluative assessments to determine the degree to which participants in the training apply, in their jobs, the knowledge and skills gained in the training; (iv) discussing any barriers to providing training on the topics described in section 1701(n)(1)(A); and (v) indicating the amount of funding retained by the State under subsection (c)(2) and providing a tentative plan for training all law enforcement officers employed by the State using available and anticipated funds. (3) Reporting tools Not later than 180 days after the date of enactment of this section, the Attorney General shall develop a portal through which the data required under paragraphs (1) and (2) may be collected and submitted. (4) Reports on the use of de-escalation tactics and other techniques (A) In general The Attorney General, in consultation with the Director of the Federal Bureau of Investigation, relevant law enforcement agencies of States and units of local government, associations that represent individuals with mental or behavioral health diagnoses or individuals with disabilities, labor organizations, professional law enforcement organizations, local law enforcement labor and representative organizations, law enforcement trade associations, mental health and suicide prevention organizations, family advocacy organizations, and civil liberties groups shall establish— (i) reporting requirements on interactions in which de-escalation tactics and other techniques in curricula developed or identified under section 1701(n)(1) are used by each law enforcement agency that receives funding under this section; and (ii) mechanisms for each law enforcement agency to submit such reports to the Department of Justice. (B) Reporting requirements The requirements developed under subparagraph (A) shall— (i) specify— (I) the circumstances under which an interaction shall be reported, considering— (aa) the cost of collecting and reporting the information; and (bb) the value of that information for determining whether— (AA) the objectives of the training have been met; and (BB) the training reduced or eliminated the risk of serious physical injury to officers, subjects, and third parties; and (II) the biographical and other relevant information about the officer and subjects involved in the interaction that shall be included in such a report; and (ii) require such reporting be done in a manner that— (I) is in compliance with all applicable Federal and State confidentiality laws; and (II) does not disclose the identities of law enforcement officers, subjects, or third parties. (C) Review of reporting requirements Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Attorney General, in consultation with the entities specified under subparagraph (A), shall review and consider updates to the reporting requirements. (5) Failure to report (A) In general An entity receiving funds under this section that fails to file a report as required under paragraph (1) or (2), as applicable and as determined by the Attorney General, shall not be eligible to receive funds under this section for a period of 2 fiscal years. (B) Rule of construction Nothing in subparagraph (A) shall be construed to prohibit a State that fails to file a report as required under paragraph (2), and is not eligible to receive funds under this section, from making funding available to a unit of local government of the State under subsection (c)(3), if the unit of local government has complied with the reporting requirements. (e) Attorney General reports (1) Implementation report Not later than 2 years after the date of enactment of this section, and each year thereafter in which grants are made under this section, the Attorney General shall submit a report to Congress on the implementation of activities carried out under this section. (2) Contents Each report under paragraph (1) shall include, at a minimum, information on— (A) the number, amounts, and recipients of awards the Attorney General has made or intends to make using funds authorized under this section; (B) the selection criteria the Attorney General has used or intends to use to select recipients of awards using funds authorized under this section; (C) the number of law enforcement officers of a State or unit of local government who were not able to receive training on the topics described in section 1701(n)(1)(A) due to unavailability of funds and the amount of funds that would be required to complete the training; and (D) the nature, frequency, and amount of information that the Attorney General has collected or intends to collect under subsection (d). (3) Privacy protections A report under paragraph (1) shall not disclose the identities of individual law enforcement officers who received, or did not receive, training under section 1701(n). (f) National Institute of Justice study (1) Study and report Not later than 2 years after the first grant award using funds authorized under this section, the National Institute of Justice shall conduct a study of the implementation of the training under section 1701(n) in at least 6 jurisdictions representing an array of agency sizes and geographic locations, which shall include— (A) a process evaluation of training implementation, which shall include an analysis of the share of officers who participated in the training, the degree to which the training was administered in accordance with the curriculum, and the fidelity with which the training was applied in the field; and (B) an impact evaluation of the training, which shall include an analysis of the impact of the training on interactions between law enforcement officers and the public, any factors that prevent or preclude law enforcement officers from successfully de-escalating law enforcement interactions, and any recommendations on modifications to the training curricula and methods that could improve outcomes. (2) National Institute of Justice access to portal For the purposes of preparing the report under paragraph (1), the National Institute of Justice shall have direct access to the portal developed under subsection (d)(3). (3) Privacy protections The study under paragraph (1) shall not disclose the identities of individual law enforcement officers who received, or did not receive, training under section 1701(n). (4) Funding Not more than 1 percent of the amount appropriated to carry out this section during any fiscal year shall be made available to conduct the study under paragraph (1). (g) GAO report (1) Study and report Not later than 3 years after the first grant award using funds authorized under this section, the Comptroller General of the United States shall review the grant program under this section and submit to Congress a report assessing the grant program, including— (A) the process for developing and identifying curricula under section 1701(n)(1), including the effectiveness of the consultation by the Attorney General with the agencies, associations, and organizations identified under section 1701(n)(1)(C); (B) the certification of programs under section 1701(n)(2), including the development of the process for certification and its implementation; (C) the training of law enforcement personnel under section 1701(n)(3), including the geographic distribution of the agencies that employ the personnel receiving the training and the sizes of those agencies; (D) the allocation of funds under subsection (c), including the geographic distribution of the agencies that receive funds and the degree to which both large and small agencies receive funds; and (E) the amount of funding distributed to agencies compared with the amount appropriated under this section, the amount spent for training, and whether plans have been put in place by the recipient agencies to use unspent available funds. (2) GAO access to portal For the purposes of preparing the report under paragraph (1), the Comptroller General of the United States shall have direct access to the portal developed under subsection (d)(3). (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $70,000,000 for each of fiscal years 2022 through 2026. . | https://www.govinfo.gov/content/pkg/BILLS-117s4003is/xml/BILLS-117s4003is.xml |
117-s-4004 | II 117th CONGRESS 2d Session S. 4004 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. Boozman (for himself, Mr. Cramer , Ms. Lummis , 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 alter requirements associated with small business loan data collection, and for other purposes.
1. Short title This Act may be cited as the Small Lenders Exempt from New Data and Excessive Reporting Act or the Small LENDER Act . 2. Small business loan data collection Section 704B of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c–2 ) is amended— (1) in subsection (g), by adding at the end the following: (4) Compliance (A) In general With respect to any rules or guidance issued under this subsection on or after the date of enactment of this paragraph, the Bureau shall provide financial institutions not less than 3 years to comply with the rule or guidance. (B) Safe harbor With respect to any rules or guidance issued under this subsection on or after the date of enactment of this paragraph, upon expiration of the 3-year period described in subparagraph (A), the Bureau shall provide a 2-year safe harbor to all financial institutions during which the financial institutions are required to comply with the rule or guidance but not subject to any penalties. ; and (2) in subsection (h), by striking paragraphs (1) and (2) and inserting the following: (1) Financial institution The term financial institution means any partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity that— (A) engages in any financial activity; and (B) in each of the 2 preceding calendar years, originated not less than 500 credit transactions for small businesses. (2) Small business The term small business means any entity with gross annual revenues of $1,000,000 or less in the most recently completed fiscal year. . | https://www.govinfo.gov/content/pkg/BILLS-117s4004is/xml/BILLS-117s4004is.xml |
117-s-4005 | II 117th CONGRESS 2d Session S. 4005 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. Hagerty (for himself, Mrs. Blackburn , Mr. McConnell , and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Horse Protection Act to provide increased protection for horses participating in shows, exhibitions, sales, and auctions, and for other purposes.
1. Short title This Act may be cited as the Protecting Horses from Soring Act of 2022 . 2. Definitions Section 2 of the Horse Protection Act ( 15 U.S.C. 1821 ) is amended— (1) by striking the section designation and all that follows through requires: in the matter preceding paragraph (1) and inserting the following: 2. Definitions In this Act: ; (2) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (4), (5), and (6), respectively; (3) by inserting before paragraph (2) (as so redesignated) the following: (1) Horse Industry Organization The term Horse Industry Organization means the organization established under section 4(c)(1)(A). ; and (4) by inserting after paragraph (2) (as so redesignated) the following: (3) Objective inspection The term objective inspection means an inspection conducted by a veterinarian or veterinarian technician using only an inspection method based on a science-based protocol that— (A) consists of, at a minimum, swabbing and blood testing; (B) has been the subject of testing and is capable of producing scientifically reliable and reproducible results; (C) has been subjected to peer review; and (D) has received acceptance in the veterinary or other applicable scientific community, as determined by the Secretary. . 3. Findings Section 3 of the Horse Protection Act ( 15 U.S.C. 1822 ) is amended— (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: (4) the Inspector General of the Department of Agriculture has determined that the program through which the Secretary inspects horses is not adequate to ensure compliance with this Act; . 4. Increasing protections for horses participating in horse shows, exhibitions, sales, or auctions (a) Horse shows and exhibitions Section 4 of the Horse Protection Act ( 15 U.S.C. 1823 ) is amended— (1) by striking subsection (a) and inserting the following: (a) Disqualification of horses (1) In general The management of any horse show or horse exhibition shall disqualify any horse from being shown or exhibited if— (A) the horse is determined to be sore by an objective inspection; or (B) the management has been notified that the horse is sore by— (i) a person licensed under subsection (c)(3)(A); or (ii) the Secretary. (2) Duration of disqualification Any horse that is determined to be sore by an objective inspection shall be disqualified from being shown or exhibited— (A) for a period of not less than 30 days if it is the first determination; and (B) for a period of not less than 90 days if it is a second or subsequent determination. ; (2) in subsection (b)— (A) by striking (b) The management and inserting the following: (b) Prohibition on sale, auction, and exhibition The management ; (3) by striking subsection (c) and inserting the following: (c) Horse Industry Organization (1) Establishment (A) In general Not later than 180 days after the date of enactment of the Protecting Horses from Soring Act of 2022 , the Secretary shall establish an organization, to be known as the Horse Industry Organization (referred to in this subsection as the Organization ). (B) Board (i) In general The Organization shall be governed by a board (referred to in this subsection as the Board ) consisting of not more than 9 individuals, of whom— (I) 2 shall be appointed by the Commissioner of Agriculture for the State of Tennessee; (II) 2 shall be appointed by the Commissioner of Agriculture for the State of Kentucky; (III) 2 shall— (aa) represent the Tennessee Walking Horse industry; and (bb) be appointed by the members appointed under subclauses (I) and (II), in accordance with a process developed by those members; and (IV) not more than 3 shall be appointed by the members appointed under subclauses (I) through (III). (ii) Quorum 5 members of the Board shall constitute a quorum for the transaction of business. (iii) Bylaws The members of the Board, in consultation with the Secretary, shall develop bylaws and other policies to operate the Organization, establish committees, and fill vacancies on the Board. (C) Vacancies; period of appointment (i) Vacancies Any vacancy on the Board— (I) shall not impair the authority of the Board; and (II) shall be filled as soon as practicable in the same manner as the original appointment. (ii) Period of appointment (I) In general Except as provided in subclause (II), a member of the Board shall be appointed for a term of 4 years. (II) Initial appointments Of the members first appointed to the Board, the members described in subparagraph (B)(i)(III) shall be appointed for an initial term of 3 years. (2) Responsibilities The Organization shall— (A) establish a formal affiliation with the management of each horse sale, horse exhibition, horse sale, and horse auction; (B) appoint inspectors to conduct inspections at each horse sale, horse exhibition, horse sale, and horse auction; (C) identify and contract with equine veterinary experts to advise the Board on— (i) objective scientific testing methods and procedures for objective inspections; and (ii) the certification of objective inspection results; (D) establish licensing requirements under paragraph (3); and (E) take any other action to ensure compliance with this Act, as determined in coordination with the Secretary. (3) Licensing requirements (A) In general The Organization shall develop licensing requirements to submit to the Secretary for licensing persons qualified— (i) to detect and diagnose a horse that is sore; or (ii) to otherwise inspect a horse for the purpose of enforcing this Act. (B) Conflicts of interest Requirements developed under subparagraph (A) shall include the requirement that any person licensed by the Organization, and any member of the immediate family of any person licensed by the Organization, is free from a conflict of interest by reason of any association or connection with the walking horse industry, including through— (i) employment by, or the provision of any service to, any show manager, trainer, owner, or exhibitor of a Tennessee Walking horse, Spotted Saddle horse, or Racking horse; and (ii) training, exhibiting, shoeing, breeding, or selling a Tennessee Walking horse, Spotted Saddle horse, or Racking horse. (4) Certification (A) In general After the members of the Board described in subclauses (I) through (III) of paragraph (1)(B)(i) have been appointed, the Secretary shall certify the Organization to train and license individuals, including inspectors, as designated qualified persons in accordance with section 11.7(b) of title 9, Code of Federal Regulations (or successor regulations). (B) Revocation of certification Not later than 90 days after the date on which the Secretary certifies the Organization under subparagraph (A), the Secretary shall revoke the certification issued to any other horse industry organization under section 11.7 of title 9, Code of Federal Regulations (or successor regulations). (5) Federal Advisory Committee Act Exemption Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Organization. ; (4) in subsection (d), by striking (d) The management and inserting the following: (d) Recordkeeping The management ; and (5) in subsection (e), by striking (e) For purposes of and inserting the following: (e) Right of inspection For purposes of . (b) Unlawful acts Section 5 of the Horse Protection Act ( 15 U.S.C. 1824 ) is amended— (1) by striking the section designation and all that follows through The following in the matter preceding paragraph (1) and inserting the following: 5. Prohibited conduct The following ; (2) in paragraph (3), by striking appoint and retain a person in accordance with section 4(c) of this Act and inserting have a formal affiliation with the Horse Industry Organization ; (3) in paragraph (4), by striking appoint and retain a qualified person in accordance with section 4(c) of this Act and inserting have a formal affiliation with the Horse Industry Organization ; (4) in paragraph (5), by striking appointed and retained a person in accordance with section 4(c) of this Act and inserting a formal affiliation with the Horse Industry Organization ; and (5) in paragraph (6)— (A) by striking appointed and retained a person in accordance with section 4(c) of this Act and inserting a formal affiliation with the Horse Industry Organization ; and (B) by striking such person or the Secretary and inserting a person licensed by the Horse Industry Organization . 5. Rulemaking Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4005is/xml/BILLS-117s4005is.xml |
117-s-4006 | II 117th CONGRESS 2d Session S. 4006 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. Toomey (for himself, Mr. Casey , Mr. Tester , Mrs. Capito , Ms. Rosen , Mr. Daines , Mr. King , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to list certain individuals who are awarded the Purple Heart on the internet website of the Department of Defense that lists individuals who have been awarded certain military awards.
1. Short title This Act may be cited as the Honoring Purple Heart Recipients Act of 2022 . 2. Inclusion of Purple Heart awards on military valor website The Secretary of Defense shall ensure that the publicly accessible internet website of the Department of Defense that lists individuals who have been awarded certain military awards includes a list of each individual who meets each of the following criteria: (1) The individual is awarded the Purple Heart for qualifying actions that occur after the date of the enactment of this Act. (2) The individual elects to be included on such list (or, if the individual is deceased, the primary next of kin elects the individual to be included on such list). (3) The public release of the individual’s name does not constitute a security risk, as determined by the Secretary of the military department concerned. | https://www.govinfo.gov/content/pkg/BILLS-117s4006is/xml/BILLS-117s4006is.xml |
117-s-4007 | II 117th CONGRESS 2d Session S. 4007 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. Grassley (for himself, Mr. Coons , Mr. Young , Ms. Hassan , Mr. Blunt , Mrs. Feinstein , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes.
1. Short title This Act may be cited as the Fighting Post-Traumatic Stress Disorder Act of 2022 . 2. Findings Congress finds the following: (1) Public safety officers serve their communities with bravery and distinction in order to keep their communities safe. (2) Public safety officers, including police officers, firefighters, emergency medical technicians, and 911 dispatchers, are on the front lines of dealing with situations that are stressful, graphic, harrowing, and life-threatening. (3) The work of public safety officers puts them at risk for developing post-traumatic stress disorder and acute stress disorder. (4) It is estimated that 30 percent of public safety officers develop behavioral health conditions at some point in their lifetimes, including depression and post-traumatic stress disorder, in comparison to 20 percent of the general population that develops such conditions. (5) Victims of post-traumatic stress disorder and acute stress disorder are at a higher risk of dying by suicide. (6) Firefighters have been reported to have higher suicide-attempt and ideation rates than the general population. (7) It is estimated that between 125 and 300 police officers die by suicide every year. (8) In 2019, pursuant to section 2(b) of the Law Enforcement Mental Health and Wellness Act of 2017 ( Public Law 115–113 ; 131 Stat. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the LEMHWA report ) that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. (9) The LEMHWA report recommended methods for establishing remote access or regional mental health check programs at the State or Federal level. (10) Individual police and fire departments generally do not have the resources to employ full-time mental health experts who are able to treat public safety officers with state-of-the-art techniques for the purpose of treating job-related post-traumatic stress disorder and acute stress disorder. 3. Programming for post-traumatic stress disorder (a) Definitions In this section: (1) Public safety officer The term public safety officer — (A) has the meaning given the term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 ); and (B) includes Tribal public safety officers. (2) Public safety telecommunicator The term public safety telecommunicator means an individual who— (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. (b) Report Not later than 60 days after the date of enactment of this Act, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services of the Department of Justice, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on— (1) not fewer than 1 proposed program if the Attorney General determines it appropriate and feasible to do so to be administered by the Department of Justice for making state-of-the-art treatments or preventative care available to public safety officers and public safety telecommunicators with regard to job-related post-traumatic stress disorder or acute stress disorder by providing public safety officers and public safety telecommunicators access to evidence-based trauma-informed care, peer support, counselor services, and family supports for the purpose of treating or preventing post-traumatic stress disorder or acute stress disorder; (2) a draft of any necessary legislation required to ensure that confidentiality is afforded to public safety officers on account of seeking the care or services described in paragraph (1) under the proposed program; (3) how each proposed program described in paragraph (1) could be most efficiently administered throughout the United States at the State, Tribal, territorial and local levels, taking into account in-person and telehealth capabilities; (4) a draft of legislative language necessary to authorize each proposed program described in paragraph (1); and (5) an estimate of the amount of annual appropriation necessary for administering each proposed program described in paragraph (1). (c) Development In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including— (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. | https://www.govinfo.gov/content/pkg/BILLS-117s4007is/xml/BILLS-117s4007is.xml |
117-s-4008 | II Calendar No. 344 117th CONGRESS 2d Session S. 4008 IN THE SENATE OF THE UNITED STATES April 5, 2022 Mr. Cardin (for himself and Mr. Wicker ) introduced the following bill; which was read the first time April 6, 2022 Read the second time and placed on the calendar A BILL To provide COVID relief for restaurants, gyms, minor league sports teams, border businesses, live venue service providers, exclave businesses, and providers of transportation services.
1. Short title This Act may be cited as the Small Business COVID Relief Act of 2022 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—Restaurant Revitalization Fund replenishment and improvements Sec. 101. Appropriation. Sec. 102. Insufficient funding. Sec. 103. Data transparency and customer service. Sec. 104. Oversight and audits. Sec. 105. Requirement of continuing operation. TITLE II—Support for additional businesses suffering pandemic-related revenue loss Subtitle A—Support for gyms and fitness facilities Sec. 211. Definitions. Sec. 212. Support for gyms and fitness centers. Sec. 213. Grants from Fund. Subtitle B—Support for minor league sports Sec. 221. Definitions. Sec. 222. Save Minor League Sports Fund. Sec. 223. Save minor league sports grants. Subtitle C—Support for border businesses affected by border closures Sec. 231. Definitions. Sec. 232. Border closure recovery grant program. Sec. 233. Grants from Fund. Sec. 234. Outreach. Subtitle D—Support for live venue service and support companies Sec. 241. Definitions. Sec. 242. Live Venue Service and Support Business Relief Fund. Sec. 243. Grants from Fund. Subtitle E—Support for exclave community small businesses Sec. 251. Definitions. Sec. 252. Exclave Community Small Business Relief Fund. Sec. 253. Grants from Fund. Subtitle F—Administration and implementation of support programs Sec. 261 Definition. Sec. 262. Data transparency and customer service. Sec. 263. Business identifiers. Sec. 264. Applications. Sec. 265. Prohibition on participation in multiple programs. Sec. 266. Transfer of funds. Sec. 267. Oversight and audits. Sec. 268. Administrative funding. Sec. 269. Gross receipts. Sec. 270. Rules. TITLE III—Other SBA program improvements Sec. 301. Shuttered venue operators. Sec. 302. Treatment of paycheck protection program loan forgiveness of payroll costs under highway and public transportation project cost reimbursement contracts. TITLE IV—Transportation services Sec. 401. Additional assistance for eligible providers of transportation services affected by COVID–19. TITLE V—Offsets Sec. 501. Offsetting rescissions. TITLE VI—Budgetary effects Sec. 601. Emergency designation. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Small Business Administration. (2) Covered mortgage obligation; covered rent obligation; covered supplier cost; covered utility payment; covered worker protection expenditure The terms covered mortgage obligation , covered rent obligation , covered supplier cost , covered utility payment , and covered worker protection expenditure have the meanings given the terms in section 7A(a) of the Small Business Act ( 15 U.S.C. 636m(a) ). (3) Exchange; issuer; security The terms exchange , issuer , and security have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (4) National securities exchange The term national securities exchange means an exchange that is registered in accordance with section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ). (5) Payroll costs The term payroll costs has the meaning given the term in section 7(a)(36)(A) of the Small Business Act ( 15 U.S.C. 636(a)(36)(A) ), except that such term shall not include— (A) qualified wages (as defined in subsection (c)(3) of section 2301 of the CARES Act ( 26 U.S.C. 3111 note)) taken into account in determining the credit allowed under such section 2301; or (B) premiums taken into account in determining the credit allowed under section 6432 of the Internal Revenue Code of 1986. (6) Private equity fund The term private equity fund has the meaning given the term in section 225.173(a) of title 12, Code of Federal Regulations, or any successor regulation. (7) Publicly-traded company The term publicly-traded company means an entity that is majority owned or controlled by an entity that is an issuer, the securities of which are listed on a national securities exchange. (8) Tribally-owned concern The term Tribally-owned concern has the meaning given the term in section 124.3 of title 13, Code of Federal Regulations, or any successor regulation. I Restaurant Revitalization Fund replenishment and improvements 101. Appropriation Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) is amended— (1) in subsection (b)(2)— (A) in subparagraph (A)— (i) by striking $28,600,000,000 and inserting $68,600,000,000 ; and (ii) by inserting , of which not more than $250,000,000 shall be for administrative expenses to carry out this section and of which $20,000,000 shall be for the Inspector General of the Small Business Administration for audits of grants under this section to investigate fraud and to identify improper payments and ineligible recipients, and for other necessary expenses of the Office of the Inspector General before the period at the end; and (B) in subparagraph (B)(i)(II), by striking $23,600,000,000 and inserting any remaining amounts not used for a purpose authorized under subparagraph (A) or clause (i) of this subparagraph ; and (2) in subsection (c)— (A) in paragraph (1), by striking and paragraph (3) ; and (B) by striking paragraph (3). 102. Insufficient funding Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) is amended by adding at the end the following: (d) Insufficient funding (1) In general If the Administrator determines that the amounts made available to carry out this section are insufficient to make grants in the amount provided in subsection (c)(4) to each eligible entity that has submitted an application in accordance with the program guidelines in effect on the day before the date of enactment of this subsection, but has not received an award as of such date, the Administrator shall make grants with the available amounts to each such eligible applicant— (A) such that the amount of the grant that each such eligible entity would have otherwise received under this section is reduced by an equal percentage; (B) by establishing a maximum amount for a grant made under this subsection to ensure that smaller eligible entities still receive grants in the amounts provided under subsection (c)(4); or (C) by providing full awards in the amounts provided under subsection (c)(4) below a certain threshold (as the Administrator may establish) and reducing grants above that threshold by an equal percentage. (2) Reserving funds Nothing in paragraph (1) shall prevent the Administrator from— (A) reserving funding for applicants that may be determined to be eligible for a grant under this section upon reconsideration; or (B) making partial awards to eligible entities on a preliminary basis until the amount of funding required to fund grants to all eligible applicants is established, upon the completion of the reconsideration process. . 103. Data transparency and customer service Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ), as amended by section 102 of this Act, is amended by adding at the end the following: (e) Reports The Administrator shall— (1) on a biweekly basis until the amounts made available to carry out this section are fully expended, publish data that shows, for the period beginning on the date on which the Administrator began making grants under this section and ending on the date on which the information is published— (A) with respect to applications for grants under this section, the number of those applications— (i) that the Administrator has received; (ii) that the Administrator has reviewed or is in the process of reviewing; and (iii) with respect to which the Administrator has made a decision; and (B) the number and dollar amount of grants under this section— (i) that have been awarded; and (ii) that have been disbursed; (2) on a weekly basis until the amounts made available to carry out this section are fully expended, publish, with respect to the period beginning on the date of enactment of this subsection and ending on the date on which the information is published— (A) with respect to each eligible entity to which a grant is made under this section— (i) the name of the eligible entity, including the name or names under which the eligible entity does business if that name is different from the name of the eligible entity; and (ii) the address of— (I) the eligible entity; and (II) the physical location or locations for the eligible entity listed on the application, if different from the address of the eligible entity; (B) the amount of each grant described in subparagraph (A); and (C) the business category listed in subsection (a)(4)(A) to which the eligible entity belongs; and (3) with respect to an applicant that applies for a grant under this section and is denied by the Administrator— (A) make available to the applicant a brief explanation identifying the reason why the Administrator denied the application of the applicant, which shall include, where applicable, a citation to the statutory, regulatory, or guidance provision with which the applicant failed to comply and that was the basis for the denial; and (B) establish a reconsideration process through which the applicant may— (i) submit to the Administrator additional information the applicant determines to be relevant to whether the applicant is eligible for the grant; (ii) challenge the decision of the Administrator; and (iii) receive a second review of the application submitted by the applicant. . 104. Oversight and audits Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ), as amended by section 103 of this Act, is amended by adding at the end the following: (f) Oversight and audits (1) In general The Administrator shall institute an oversight and audit plan with respect to eligible entities receiving grants under this section, which shall include— (A) documentation requirements that are consistent with the eligibility and other requirements under this section, including by requiring an eligible entity that receives a grant under this section to retain records that demonstrate compliance with those requirements; and (B) reviews of the use, by eligible entities, of grants made under this section to ensure compliance with the requirements of this section, which shall include— (i) the review and audit, by the Administrator, of grants made under this section; and (ii) in the case of fraud or other material noncompliance with respect to a grant made under this section— (I) a requirement that the applicable eligible entity repay to the Administrator the amount of the misspent funds; or (II) the pursuit, by the Administrator, of legal action to collect the misspent funds. (2) Submission of plan Not later than 30 days after the date of enactment of this subsection, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the plan required under paragraph (1), which shall describe— (A) the policies and procedures of the Administrator for conducting oversight and audits of grants made under this section; and (B) the metrics that the Administrator will use to determine which grants made under this section will be audited under that plan. (3) Reports Not later than 60 days after the date of enactment of this subsection, and once every 30 days thereafter until the date that is 180 days after the date on which all amounts made available to carry out this section have been fully expended, and upon request thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the oversight and audit activities of the Administrator under this subsection, which shall include— (A) the total number of grants approved and disbursed under this section; (B) the total amount of each grant received by each eligible entity; (C) the number of active investigations and audits of grants made under this section; (D) the number of completed reviews and audits of grants made under this section, including a description of— (i) any findings of fraud or other material noncompliance with the requirements of this section; (ii) questionable costs identified by the Administrator; and (iii) the total amount recouped from ineligible recipients; and (E) a description of any substantial changes made to the plan required under paragraph (1). (4) Retroactive application This subsection shall apply to grants and decisions made under this section before, on, or after the date of enactment of this subsection. . 105. Requirement of continuing operation For any application for a grant under section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) that is pending on the date of enactment of this Act or for which the applicant has received an award notice but the Administrator has not disbursed amounts under the grant, the Administrator may not disburse amounts under the grant unless the applicant submits a statement to the Administrator indicating the applicant is still operating, or intends to reopen not later than 180 days after the date on which the statement is submitted, the applicable place of business. II Support for additional businesses suffering pandemic-related revenue loss A Support for gyms and fitness facilities 211. Definitions In this subtitle: (1) Affiliated business (A) In general The term affiliated business means a business in which an eligible entity has an equity or right to profit distributions of not less than 50 percent, or in which an eligible entity has the contractual authority to control the direction of the business, provided that such affiliation shall be determined as of any arrangements or agreements in existence as of February 29, 2020. (B) Regulations For purposes of eligibility for covered grants— (i) the provisions applicable to affiliations under section 121.301 of title 13, Code of Federal Regulations, or any successor regulation, are waived for any business concern operating as a franchise that is assigned a franchise identifier code by the Administration; and (ii) the exceptions to affiliation noted in section 121.103(b) of title 13, Code of Federal Regulations, or any successor regulation, shall apply to an affiliated business. (2) Covered grant The term covered grant means a grant under section 213 made to an eligible entity. (3) Covered period The term covered period means the period— (A) beginning on March 1, 2020; and (B) ending on March 31, 2023, or a date to be determined by the Administrator that is not later than 2 years after the date of enactment of this Act. (4) Eligible entity The term eligible entity — (A) means a fitness facility— (i) that employs not more than 500 employees, determined on a full-time equivalency basis; (ii) that— (I) provides instruction in a program of in-person physical exercise; or (II) offers space for individuals to take part in the preservation, maintenance, encouragement, or development of physical fitness; (iii) for which the health or fitness component is not incidental to the overall function and purpose of the facility; and (iv) that derives revenue primarily from membership dues or admission or participation fees; (B) may include— (i) a for-profit entity; (ii) a nonprofit entity; and (iii) a Tribally-owned concern; and (C) does not include— (i) an entity with pandemic-related revenue losses that are not greater than 25 percent; (ii) an entity described in subparagraph (A) that— (I) is a State or local government-operated business; (II) as of March 1, 2020, owns or operates (together with any affiliated business) more than 10 locations, regardless of whether those locations do business under the same or multiple names; (III) has a pending application for or has received a grant under— (aa) section 324 of the Economic Aid to Hard Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a ); or (bb) section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ); or (IV) offers golf, hunting, sailing, shooting, or riding facilities; (iii) a publicly-traded company; (iv) an entity that was not in operation before March 1, 2020; or (v) an entity that is not in operation on, and does not intend to reopen on or before the date that is 180 days after, the date on which the entity applies for a covered grant. (5) Fund The term Fund means the Gym and Fitness Center Recovery Fund established under section 212(a)(1). (6) Pandemic-related revenue loss (A) In general Subject to subparagraph (B), the term pandemic-related revenue loss means, with respect to an eligible entity— (i) except as provided in clauses (ii) and (iii), the gross receipts, as established using such verification documentation as the Administrator may require, of the eligible entity during 2020 subtracted from the gross receipts of the eligible entity in 2019, if such amount is greater than zero, except that the Administrator may make adjustments to this formula as needed for seasonal businesses, businesses affected by natural disasters, and to address other circumstances identified by the Administrator requiring accommodation; (ii) if the eligible entity was not in operation for the entirety of 2019— (I) the difference, if greater than zero, between— (aa) the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2019 by 12; and (bb) the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2020 by 12; or (II) an amount based on a formula determined by the Administrator; and (iii) if the eligible entity opened during the period beginning on January 1, 2020 and ending on February 29, 2020, an amount based on a formula determined by the Administrator. (B) Reduction (i) In general The pandemic-related revenue losses for an eligible entity shall be reduced by— (I) any amounts received from a covered loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) in 2020 or 2021; and (II) the amount by which the total of all remunerative payments made to an individual, including any annual salary paid to an employee, in 2020 exceeds $250,000. (ii) Administrator authority The Administrator may determine the types of payments and individuals to which clause (i)(II) applies. 212. Support for gyms and fitness centers (a) Establishment (1) In general There is established within the Restaurant Revitalization Fund established under section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) a fund to be known as the Gym and Fitness Center Recovery Fund. (2) Use of funds Subject to section 266, the Administrator may use amounts in the Fund only for the purposes described in this subtitle and not for any purpose described in section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ). (b) Appropriations In addition to amounts otherwise available, there is appropriated to the Fund for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available until expended. 213. Grants from Fund (a) In general Except as provided in subsection (c)(3) of this section, the Administrator shall make covered grants to eligible entities in the order in which applications are received by the Administrator. (b) Applications (1) Certification An eligible entity applying for a covered grant shall make a good faith certification that— (A) the uncertainty of current economic conditions makes necessary the request for the covered grant to support the ongoing operations of the eligible entity; (B) the eligible entity does not have a pending application for, and has not received, a grant under— (i) section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a ); or (ii) section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ); and (C) contains any other information that the Administrator may require. (2) Verification materials Subject to section 211(6)(A)(i), the Administrator shall use tax records, and may, in addition, use other reliable sources such as certified accounting statements, with respect to an applicant for a covered grant to determine— (A) the eligibility of the applicant for that covered grant; and (B) the amount of that covered grant to the applicant. (3) Acceptance of applications Not later than 60 days after the date of enactment of this Act, the Administrator shall begin accepting applications for covered grants. (c) Amount of grant (1) Aggregate maximum amount The aggregate amount of covered grants made to an eligible entity and any affiliated businesses of the eligible entity— (A) shall not exceed $2,000,000; and (B) shall be limited to $1,000,000 per physical location of the eligible entity. (2) Determination of amount of grant (A) In general Except as provided in this subsection, the amount of a covered grant made to an eligible entity shall be equal to the difference between— (i) the pandemic-related revenue loss of the eligible entity; and (ii) (I) the amount equal to the product obtained by multiplying 3 by the average monthly gross receipts of the eligible entity in 2019; or (II) for an eligible entity that did not have gross receipts in 2019, because the eligible entity began operating between January 1, 2020 and February 29, 2020 or due to other factors identified by the Administrator, an alternative amount based on a formula to be determined by the Administrator. (B) Limitation An eligible entity may not receive a covered grant in an amount that is greater than— (i) the amount equal to the product obtained by multiplying 6 by the average monthly gross receipts of the eligible entity in 2019; or (ii) if the eligible entity was not in operation for the entirety of 2019, if the gross receipts of the eligible entity during 2019 were reduced due to other factors identified by the Administrator, or if the eligible entity opened during the period beginning on January 1, 2020 and ending on February 29, 2020, an amount determined under a formula established by the Administrator. (C) Minimum amount The Administrator may establish a minimum amount of a covered grant in an amount that is not more than $10,000. (D) Return to SBA Any amount of a covered grant to an eligible entity based on estimated receipts that is greater than the actual gross receipts of the eligible entity in 2020 shall be returned to the Administrator, who may use those returned funds to make additional covered grants. (3) Insufficient funding (A) In general If the Administrator determines that the amounts made available to carry out this subtitle are insufficient to make covered grants to each eligible entity in the amount provided under paragraphs (1) and (2), the Administrator shall— (i) make covered grants with the available amounts— (I) such that the amount of the covered grant that each such eligible entity would have otherwise received under those paragraphs is reduced by an equal percentage; (II) by establishing a maximum amount for a covered grant made under this clause to ensure that smaller eligible entities still receive covered grants in the amounts provided under those paragraphs; or (III) by providing covered grants in the amounts provided under those paragraphs below a certain threshold (as the Administrator may establish) and reducing covered grants above that threshold by an equal percentage; and (ii) in a manner that complies with clause (i), make covered grants to each eligible entity that submits an application for a covered grant during the 21-day period beginning on the date on which the Administrator begins accepting those applications. (B) Reserving funds Nothing in subparagraph (A) shall prevent the Administrator from— (i) reserving funding for applicants that may be determined to be eligible for a covered grant upon reconsideration; or (ii) making partial awards to eligible entities on a preliminary basis until the amount of funding required to fund covered grants to all eligible entities that submit applications is established, upon the completion of the reconsideration process. (d) Use of funds During the covered period, an eligible entity that receives a covered grant may use amounts received under the covered grant for the following expenses incurred as a direct result of, or during, the COVID–19 pandemic: (1) Payroll costs. (2) Payments to independent contractors, as reported on Form 1099-MISC, except that each payment under this paragraph shall be in an amount that is not more than $100,000. (3) Scheduled payments of interest or principal on any covered mortgage obligation (which may not include any prepayment of principal on a covered mortgage obligation). (4) Payments on any covered rent obligation and common area maintenance charges under a lease agreement. (5) Covered utility payments. (6) Maintenance expenses. (7) Covered worker protection expenditures. (8) Supplies, including protective equipment and cleaning materials. (9) Expenses that were within the scope of the normal business practice of the eligible entity before the covered period. (10) Covered supplier costs. (11) Operational expenses. (12) Paid sick leave. (13) Capital expenditures (or expenses required under any Federal, State, or local law) relating to implementing social distancing measures. (14) Any other expenses that the Administrator determines to be essential to maintaining the eligible entity. (e) Returning funds If an eligible entity that receives a covered grant fails to use all of the amounts received under the covered grant on or before the last day of the covered period or permanently ceases operations on or before the last day of the covered period, the eligible entity shall return to the Treasury any funds that the eligible entity did not use for the allowable expenses under subsection (d). B Support for minor league sports 221. Definitions In this subtitle: (1) Covered grant The term covered grant means a grant made under section 223 to an eligible entity. (2) Fund The term Fund means the Save Minor League Sports Fund established under section 222(a)(1). (3) Eligible entity (A) In general The term eligible entity means any minor league sports team that meets the following requirements: (i) The minor league sports team was operating in the ordinary course of business on February 29, 2020. (ii) The gross receipts of the minor league sports team— (I) in calendar year 2020 or the fiscal year ending in 2021 was not more than 50 percent of the gross receipts of the minor league sports team in calendar year 2019 or the fiscal year ending in 2019, respectively; or (II) in calendar year 2020 or the fiscal year ending in 2021 was not more than 50 percent of the gross receipts of the minor league sports team over the 3-year period from calendar year 2016 through calendar 2018 or the fiscal year ending in 2016 through the fiscal year ending in 2018, respectively, if the gross receipts of the minor league sports team was negatively impacted by a natural disaster or weather disruption in calendar year 2019 or the fiscal year ending in 2019. (iii) The minor league sports team is open on, or intends to reopen on or before the date that is 180 days after, the date on which the minor league sports team submits the certification required under section 223(b)(1), for the primary purpose of conducting sports games. (B) Exclusions The term eligible entity does not include a minor league sports team that— (i) has a pending application for or has received a grant under— (I) section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a ); or (II) section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ); (ii) is owned directly or indirectly by a major league sports league or major league sports team; (iii) has an individual owner with— (I) not less than a 20 percent share in the team; and (II) more than a 10 percent ownership interest in a major league sports league or major league sports team; (iv) is more than 50 percent owned by a private equity fund; or (v) is more than 50 percent owned by a publicly-traded company. (C) Multiple business entities The Administrator shall treat each eligible entity as an independent, non-affiliated entity for the purposes of this subtitle. (4) Minor league sports team The term minor league sports team means a professional sports team— (A) that may be— (i) a corporation, limited liability company, partnership, or nonprofit organization; (ii) operated as a sole proprietorship; or (iii) a Tribally-owned concern; (B) that, as of the date of enactment of this Act— (i) is located in the United States; (ii) is not owned directly or indirectly by an educational institution; (iii) derives income primarily from the presence of in-person spectators; (iv) is not— (I) a recreational, intramural, club, or other type of amateur sports team; or (II) a training academy open to athletes under 18 years of age; (v) does not require players to pay a fee to participate; and (vi) either has a formal relationship with a major league sports team or major league sports league to develop players to compete in a major league sports league, or competes in a sports league from which a major league sports team or major league sports league scouts for prospective players; and (C) comprised of players paid a salary to play in the games of the team as of— (i) the date of enactment of this Act; or (ii) February 29, 2020. (5) Major league sports league The term major league sports league means a professional sports league consisting of teams competing at the highest professional level of a given sport in the United States, as determined by the Administrator. (6) Major league sports team The term major league sports team means a team that competes in a major league sports league. (7) Natural disaster or weather disruption The term natural disaster or weather disruption means— (A) a flooding event, hurricane, earthquake, forest fire, or other disaster that triggers eligibility for Federal aid, including disaster assistance from the Administrator; or (B) a series of weather-related events that, individually or collectively, caused more than 20 percent of games to be permanently canceled. (8) Pandemic-related revenue loss (A) In general The term pandemic-related revenue loss , with respect to an eligible entity, as established using such verification documentation as the Administrator may require, means, if such amount is greater than zero— (i) except as provided in clauses (ii), (iii), and (iv), the gross receipts of the eligible entity during calendar year 2020 or the fiscal year ending in 2021 subtracted from the gross receipts of the eligible entity in calendar year 2019 or the fiscal year ending in 2019, respectively; (ii) the gross receipts of the eligible entity during calendar year 2020 or the fiscal year ending in 2021 subtracted from the average annual gross receipts of the eligible entity over the 3-year period from calendar year 2016 through calendar year 2018 or the fiscal year ending in 2016 through the fiscal year ending in 2018, respectively, if the gross receipts of the eligible entity were negatively impacted by a natural disaster or weather disruption in calendar year 2019 or the fiscal year ending in 2019; (iii) if the eligible entity was not in operation for the entirety of 2019— (I) the difference between— (aa) the product obtained by multiplying the average monthly gross receipts of the eligible entity in calendar year 2019 or the fiscal year ending in 2019 by 12; and (bb) the product obtained by multiplying the average monthly gross receipts of the eligible entity in calendar year 2020 or the fiscal year ending in 2021 by 12; or (II) an amount based on a formula determined by the Administrator; or (iv) if the eligible entity opened during the period beginning on January 1, 2020, and ending on February 29, 2020— (I) the expenses described in section 223(f) that were incurred by the eligible entity minus any gross receipts received; or (II) an amount based on a formula determined by the Administrator. (B) Reduction For purposes of this paragraph, the pandemic-related revenue loss for an eligible entity shall be reduced by any amounts received from a covered loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) in 2020 or 2021. 222. Save Minor League Sports Fund (a) Establishment (1) In general There is established within the Restaurant Revitalization Fund established under section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) a fund to be known as the Save Minor League Sports Fund. (2) Use of funds Subject to section 266, the Administrator may use amounts in the Fund only for the purposes described in this subtitle and not for any purpose described in section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ). (b) Appropriations (1) In general In addition to amounts otherwise available, there is appropriated to the Fund for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $500,000,000, to remain available until expended. (c) Use of funds The Administrator shall use amounts in the Fund to make covered grants. 223. Save minor league sports grants (a) In general Except as provided in subsection (e)(3), the Administrator shall award covered grants to eligible entities in the order in which applications are received by the Administrator. (b) Application An eligible entity applying for a covered grant shall make a good faith certification that— (1) the uncertainty of current economic conditions makes necessary the grant request to support the ongoing operations of the eligible entity; (2) the eligible entity does not have a pending application nor has the eligible entity received a grant under— (A) section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a ); or (B) section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ); and (3) contains any other information that the Administrator may require. (c) Verification materials Subject to section 221(8)(A), the Administrator shall use tax records, and may, in addition, use other reliable sources such as certified accounting statements, with respect to an applicant for a covered grant to determine— (1) the eligibility of the applicant for that covered grant; and (2) the amount of that covered grant to the applicant. (d) Limitation on number of grants An eligible entity may receive only 1 covered grant. (e) Maximum amount (1) Aggregate maximum amount The amount of a covered grant made to an eligible entity— (A) shall not exceed $5,000,000; and (B) shall be limited to— (i) 50 percent of the gross receipts of the eligible entity for calendar year 2019 or the fiscal year ending in 2019; (ii) 50 percent of the average annual gross receipts of the eligible entity over the 3-year period from calendar year 2016 through calendar year 2018 or the fiscal year ending in 2016 through the fiscal year ending in 2018, if the gross receipts of the eligible entity were negatively impacted by a natural disaster or weather disruption in calendar year 2019 or the fiscal year ending in 2019; (iii) an amount based on a formula determined by the Administrator if the eligible entity was not in operation for the entirety of 2019; or (iv) an amount based on a formula determined by the Administrator if the eligible entity opened during the period beginning on January 1, 2020 and ending on February 29, 2020. (2) Determination of grant amount (A) In general Except as provided in this subsection, the amount of a covered grant made to an eligible entity shall be equal to the difference between— (i) the pandemic-related revenue loss of the eligible entity; and (ii) (I) the amount equal to the product obtained by multiplying 3 by the average monthly gross receipts of the eligible entity in 2019; (II) for an eligible entity that did not have gross receipts in 2019, because the eligible entity began operating between January 1, 2020 and February 29, 2020, or due to other factors identified by the Administrator, an alternative amount based on a formula to be determined by the Administrator; or (III) for an eligibility that was negatively impacted by a natural disaster or weather disruption in calendar year 2019 or the fiscal year ending in 2019, the amount equal to the product obtained by multiplying 3 by the average monthly gross receipts of the eligible entity over the 3-year period from calendar year 2016 through calendar year 2018 or the fiscal year ending in 2016 through the fiscal year ending in 2018. (B) Return of grants (i) Gross receipts Any amount of a covered grant made to an eligible entity based on estimated gross receipts that is greater than the actual gross receipts of the eligible entity in 2020 shall be returned to the Administrator, who may use those returned funds to make additional covered grants. (ii) Private equity fund, publicly-traded company, or major league sports team The full amount of a covered grant made to an eligible entity shall be returned to the Treasury if, during the 3-year period following receipt of the covered grant, the eligible entity— (I) becomes more than 50 percent owned by a private equity fund; (II) becomes or is acquired by a publicly-traded company; or (III) becomes more than 50 percent owned by a major league sports team. (3) Insufficient funding (A) In general If the Administrator determines that the amounts made available to carry out this subtitle are insufficient to make covered grants to each eligible entity in the amount provided under paragraphs (1) and (2), the Administrator shall— (i) make covered grants with the available amounts— (I) such that the amount of the covered grant that each such eligible entity would have otherwise received under those paragraphs is reduced by an equal percentage; (II) by establishing a maximum amount for a covered grant made under this clause to ensure that smaller eligible entities still receive covered grants in the amounts provided under those paragraphs; or (III) by providing covered grants in the amounts provided under those paragraphs below a certain threshold (as the Administrator may establish) and reducing covered grants above that threshold by an equal percentage; and (ii) in a manner that complies with clause (i), make covered grants to each eligible entity that submits an application for a covered grant during the 21-day period beginning on the date on which the Administrator begins accepting those applications. (B) Reserving funds Nothing in subparagraph (A) shall prevent the Administrator from— (i) reserving funding for applicants that may be determined to be eligible for a covered grant upon reconsideration; or (ii) making partial awards to eligible entities on a preliminary basis until the amount of funding required to fund covered grants to all eligible entities that submit applications is established, upon the completion of the reconsideration process. (f) Use of funds (1) Timing (A) Expenses incurred Amounts received under a covered grant may only be used for expenses incurred, including for reimbursements of expenses already paid by the eligible entity, during the period beginning on March 1, 2020, and ending on the date that is 18 months after the date of enactment of this Act. (B) Expenditure An eligible entity shall return to the Treasury any amounts received under a covered grant that are not expended on or before the date that is 18 months after the date of disbursement of the covered grant. (2) Allowable expenses An eligible entity may use amounts received under a covered grant for— (A) payroll costs, not to exceed a total of $100,000 in annual compensation for any individual employee; (B) payments on any covered rent obligation or other obligation to a public entity from whom the primary venue of the eligible entity is leased or licensed; (C) any covered utility payment; (D) payments of interest or principal due on any covered mortgage obligation; (E) payments of interest or principal due on any indebtedness or debt instrument incurred in the ordinary course of business that is a liability of the eligible entity and was in place or incurred prior to March 1, 2020, including any subsequent renewals, amendments, or extensions of debt instruments in place as of that date; (F) covered worker protection expenditures; (G) payments made to independent contractors, as reported on Form-1099 MISC, not to exceed a total of $100,000 in annual compensation for any individual employee of an independent contractor; and (H) other ordinary and necessary business expenses, including— (i) maintenance expenses; (ii) administrative costs, including fees and licensing costs; (iii) State and local taxes and fees; (iv) operating leases in effect as of March 1, 2020; (v) payments required for insurance on any insurance policy; (vi) settling existing debts with vendors; and (vii) advertising, production, transportation, and other expenditures relating to the primary venue of the eligible entity or events held at such venue, except that a covered grant may not be used primarily for such expenditures. (3) Prohibited expenses An eligible entity may not use amounts received under a covered grant— (A) to purchase real estate or to make physical improvements to property unrelated to compliance with social distancing guidelines; (B) for payments of interest or principal for loans originated after March 1, 2020; (C) to invest or re-lend funds; (D) for contributions or expenditures to, or on behalf of, any political party, party committee, or candidate for elective office; or (E) for any other use as may be reasonably prohibited by the Administrator. C Support for border businesses affected by border closures 231. Definitions In this subtitle: (1) Affiliated business (A) In general The term affiliated business means a business in which an eligible entity has an equity or right to profit distributions of not less than 50 percent, or in which an eligible entity has the contractual authority to control the direction of the business, provided that such affiliation shall be determined as of any arrangements or agreements in existence as of February 29, 2020. (B) Regulations For purposes of eligibility for covered grants— (i) the provisions applicable to affiliations under section 121.301 of title 13, Code of Federal Regulations, or any successor regulation, are waived for any business concern operating as a franchise that is assigned a franchise identifier code by the Administration; and (ii) the exceptions to affiliation noted in section 121.103(b) of title 13, Code of Federal Regulations, or any successor regulation, shall apply to an affiliated business. (2) Border business The term border business — (A) means an entity— (i) that is a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )); (ii) the principal office of which is located in the United States; (iii) that has— (I) annual average gross receipts in 2019 in an amount that is not more than $1,000,000; and (II) not less than 1 and not more than 25 employees, determined on a full-time equivalency basis; and (iv) that has a physical location within— (I) an area adjacent to a designated land port of entry, including— (aa) the lands within the external boundaries of a designated land port of entry along the international borders between the United States and Mexico or the United States and Canada; (bb) the census tract in which the lands described in item (aa) are wholly contained; (cc) a census tract the boundaries of which intersect the lands described in item (aa); and (dd) a census tract— (AA) the boundaries of which are contiguous to the census tracts described in item (bb) or (cc); and (BB) which is not more than 50 miles from the international border between the United States and Mexico or the United States and Canada; or (II) a colonia; (B) may include— (i) a for-profit entity; and (ii) a Tribally-owned concern; and (C) does not include— (i) an entity with pandemic-related revenue losses that are not greater than 25 percent; (ii) an entity described in subparagraph (A) that is a State or local government-operated business; (iii) a publicly traded company; (iv) an entity that is owned or operated by a private equity fund; (v) an entity that was not in operation before March 1, 2020; or (vi) an entity that is not in operation on, and does not intend to reopen on or before the date that is 180 days after, the date on which the entity applies for a covered grant. (3) Colonia The term colonia has the meaning given the term in section 916(e) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 5306 note). (4) Covered grant The term covered grant means a grant under section 233 made to a border business. (5) Covered period The term covered period means the period— (A) beginning on March 1, 2020; and (B) ending on March 31, 2023, or a date to be determined by the Administrator that is not later than 2 years after the date of enactment of this Act. (6) Fund The term Fund means the Border Closure Recovery Grant Fund established under section 232(a)(1). (7) Pandemic-related revenue loss (A) In general Subject to subparagraph (B), the term pandemic-related revenue loss means, with respect to a border business— (i) except as provided in clauses (ii) and (iii), the gross receipts, as established using such verification documentation as the Administrator may require, of the border business during 2020 subtracted from the gross receipts of the border business in 2019, if such amount is greater than zero, except that the Administrator may make adjustments to this formula as needed for seasonal businesses, businesses affected by natural disasters, and to address other circumstances identified by the Administrator requiring accommodation; (ii) if the border business was not in operation for the entirety of 2019— (I) the difference between, if greater than zero— (aa) the product obtained by multiplying the average monthly gross receipts of the border business in 2019 by 12; and (bb) the product obtained by multiplying the average monthly gross receipts of the border business in 2020 by 12; or (II) an amount based on a formula determined by the Administrator; and (iii) if the border business opened during the period beginning on January 1, 2020, and ending on February 29, 2020, an amount based on a formula determined by the Administrator. (B) Reduction (i) In general The pandemic-related revenue losses for a border business shall be reduced by— (I) any amounts received from a covered loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) in 2020 or 2021; and (II) the amount by which any remunerative payment made to an individual, including any salary paid to an employee, in 2020 exceeds $250,000. (ii) Administrator authority The Administrator may determine the types of payments and individuals to which clause (i)(II) applies. 232. Border closure recovery grant program (a) Establishment (1) In general There is established within the Restaurant Revitalization Fund established under section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) a fund to be known as the Border Closure Recovery Grant Fund . (2) Use of funds Subject to section 266, the Administrator may use amounts in the Fund only for the purposes described in this subtitle and not for any purpose described in section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ). (b) Appropriations In addition to amounts otherwise available, there is appropriated to the Fund for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,415,000,000, to remain available until expended. 233. Grants from Fund (a) In general Except as provided in subsection (c)(3) and in accordance with subsection (c)(2)(E), the Administrator shall make covered grants in the order in which applications are received by the Administrator. (b) Applications (1) Certification A border business applying for a covered grant shall make a good faith certification that— (A) the covered grant is necessary to support the operations of the border business, which were adversely affected by the border travel restrictions imposed by the Federal Government in response to the COVID–19 pandemic; (B) the border business does not have a pending application for, and has not received, a grant under— (i) section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a ); or (ii) section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ); and (C) contains any other information that the Administrator may require. (2) Verification materials Subject to section 231(7)(A)(i), the Administrator shall use tax records, and may, in addition, use other reliable sources such as certified accounting statements, with respect to an applicant for a covered grant to determine— (A) the eligibility of the applicant for that covered grant; and (B) the amount of that covered grant to the applicant. (3) Acceptance of applications Not later than 60 days after the date of enactment of this Act, the Administrator shall begin accepting applications for covered grants. (c) Amount of grant (1) Aggregate maximum amount The aggregate amount of covered grants made to a border business and any affiliated businesses of the border business shall not exceed $350,000. (2) Determination of amount of grant (A) In general Except as provided in this subsection, the amount of a covered grant made to a border business shall be equal to the difference between— (i) the pandemic-related revenue loss of the border business; and (ii) (I) the amount equal to the product obtained by multiplying 3 by the average monthly gross receipts of the border business in 2019; or (II) for a border business that did not have gross receipts in 2019, because the border business began operating between January 1, 2020 and February 29, 2020 or due to other factors identified by the Administrator, an alternative amount based on a formula to be determined by the Administrator. (B) Limitation A border business may not receive a covered grant in an amount that is greater than— (i) the amount equal to the product obtained by multiplying 6 by the average monthly gross receipts of the border business in 2019; or (ii) if the border business was not in operation for the entirety of 2019, if the gross receipts of the border business during 2019 were reduced due to other factors identified by the Administrator, or if the border business opened during the period beginning on January 1, 2020 and ending on February 29, 2020, an amount determined under a formula established by the Administrator. (C) Minimum amount The Administrator may establish a minimum amount of a covered grant in an amount that is not more than $10,000. (D) Return to SBA Any amount of a covered grant to a border business based on estimated receipts that is greater than the actual gross receipts of the border business in 2020 shall be returned to the Administrator, who may use those returned funds to make additional covered grants. (E) Minimum allocation The Administrator shall ensure that— (i) not less than one-third of amounts made available to carry out this subtitle is used to make covered grants to border businesses located along the international border between the United States and Mexico, including colonias; and (ii) not less than one-third of amounts made available to carry out this subtitle is used to make covered grants to border businesses located along the international border between the United States and Canada. (3) Insufficient funding (A) In general If the Administrator determines that the amounts made available to carry out this subtitle are insufficient to make covered grants to each border business in the amount provided under paragraphs (1) and (2), the Administrator shall, in a manner that maintains the minimum allocation requirements under paragraph (2)(E)— (i) make covered grants with the available amounts— (I) such that the amount of the covered grant that each border business would have otherwise received under those paragraphs is reduced by an equal percentage; (II) by establishing a maximum amount for a covered grant made under this clause to ensure that smaller border businesses still receive covered grants in the amounts provided under those paragraphs; or (III) by providing covered grants in the amounts provided under those paragraphs below a certain threshold (as the Administrator may establish) and reducing covered grants above that threshold by an equal percentage; and (ii) in a manner that complies with clause (i), make covered grants to each border business that submits an application for a covered grant during the 21-day period beginning on the date on which the Administrator begins accepting those applications. (B) Reserving funds Nothing in subparagraph (A) shall prevent the Administrator from— (i) reserving funding for applicants that may be determined to be eligible for a covered grant upon reconsideration; or (ii) making partial awards to border businesses on a preliminary basis until the amount of funding required to fund covered grants to all border businesses that submit applications is established, upon the completion of the reconsideration process. (d) Use of funds A border business may use amounts received under a covered grant for the following expenses incurred during the covered period as a direct result of, or during, the COVID–19 pandemic, including logistical expenses associated with border closures: (1) Payroll costs. (2) Payments to independent contractors, as reported on Form 1099-MISC, except that each payment under this paragraph shall be in an amount that is not more than $100,000. (3) Scheduled payments of interest or principal on any covered mortgage obligation (which may not include any prepayment of principal on a covered mortgage obligation). (4) Payments on any covered rent obligation and common area maintenance charges under a lease agreement. (5) Covered utility payments. (6) Maintenance expenses. (7) Covered worker protection expenditures. (8) Supplies, including protective equipment and cleaning materials. (9) Expenses that were within the scope of the normal business practice of the border business before the covered period. (10) Covered supplier costs. (11) Operational expenses. (12) Paid sick leave. (13) Costs associated with resuming or scaling up business operations after COVID–19 pandemic-related border travel restrictions have been lifted. (14) Workforce training or retraining expenses. (15) Any other expenses that the Administrator determines to be essential to maintaining the border business. (e) Returning funds If a border business that receives a covered grant fails to use all of the amounts received under the covered grant on or before the last day of the covered period or permanently ceases operations on or before the last day of the covered period, the border business shall return to the Treasury any funds that the border business did not use for the allowable expenses under subsection (d). 234. Outreach (a) In general In carrying out the program under this subtitle, the Administrator shall make grants to, or enter into contracts or cooperative agreements with, not fewer than 6 private nonprofit organizations, resource partners, States, Indian Tribes, or units of local government, including not fewer than 3 adjacent to the international border between the United States and Canada and not fewer than 3 adjacent to the international border between the United States and Mexico, under the authorities of the Community Navigator pilot program established under section 5004 of the American Rescue Plan Act ( 15 U.S.C. 9013 ) in order to improve access to assistance programs and resources made available by Federal, State, Tribal, and local entities in response to the COVID–19 pandemic, and related border travel restrictions. (b) Funding The Administrator shall set aside $10,000,000 from amounts in the Fund to make grants or enter into contracts or cooperative agreements under subsection (a). (c) Resource partners In addition to the activities described in subsection (a), the Administrator shall, in partnership with entities participating in the Community Navigator pilot program established under section 5004 of the American Rescue Plan Act ( 15 U.S.C. 9013 ), small business development centers (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )), women’s business centers described in section 29 of that Act ( 15 U.S.C. 656 ), Veteran Business Outreach Centers described in section 32 of that Act ( 15 U.S.C. 657b ), and the Service Corps of Retired Executives established under section 8(b)(1)(B) of that Act ( 15 U.S.C. 637(b)(1)(B) )— (1) help make border businesses aware of the availability of the program under this subtitle and promote engagement with that program; and (2) provide technical assistance to applicants, including instructions on how to participate in the program under this subtitle, assistance in preparing applications for participation in that program, and assistance in complying with any reporting requirements established by the Administrator with respect to that program. (d) Language access The Administrator shall ensure that outreach and technical assistance activities described in this section are made available to border businesses in the 10 most commonly spoken languages, other than English, in the States of the United States that border the international boundary with Mexico or that border the international boundary with Canada, including in Spanish and in French. D Support for live venue service and support companies 241. Definitions In this subtitle: (1) Affiliated business (A) In general The term affiliated business means a business in which an eligible entity has an equity or right to profit distributions of not less than 50 percent, or in which an eligible entity has the contractual authority to control the direction of the business, provided that such affiliation shall be determined as of any arrangements or agreements in existence as of February 29, 2020. (B) Regulations For purposes of eligibility for covered grants— (i) the provisions applicable to affiliations under section 121.301 of title 13, Code of Federal Regulations, or any successor regulation, are waived for any business concern operating as a franchise that is assigned a franchise identifier code by the Administration; and (ii) the exceptions to affiliation noted in section 121.103(b) of title 13, Code of Federal Regulations, or any successor regulation, shall apply to an affiliated business. (2) Covered grant The term covered grant means a grant under section 503 made to an eligible entity. (3) Covered period The term covered period means the period— (A) beginning on March 1, 2020; and (B) ending on March 31, 2023, or a date to be determined by the Administrator that is not later than 2 years after the date of enactment of this Act. (4) Eligible entity The term eligible entity — (A) means an individual or entity— (i) that is assigned a North American Industry Classification System code of 532289, 532490, 541410, 541420, 541430, 541490, 561591, 561920, 711190, 711300, or 711320, as appears on the most recent income tax filing or on the application for a loan under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) of the individual or entity, if applicable; and (ii) (I) (aa) that, as the principal business of the individual or entity, provides stages, lighting, sound, casts, or other support for live events; and (bb) for which not less than 65 percent of the earned revenue generated through providing the support described in item (aa) is for live events organized, promoted, produced, managed, or hosted by an eligible person or entity described in section 324(a)(1)(A)(iii) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a(a)(1)(A)(iii) ); or (II) (aa) as the principal business of the individual or entity, showcases performers or pre-packaged productions to potential buyers; and (bb) for which not less than 65 percent of the earned revenue generated through showcasing performers or pre-packaged productions described in item (aa) is for live events— (AA) organized, promoted, produced, managed, or hosted by an eligible person or entity described in section 324(a)(1)(A)(iii) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a(a)(1)(A)(iii) ); or (BB) hosted in a hotel or convention center facility; (B) includes an individual or entity described in subparagraph (A) that— (i) operates for profit; (ii) is a Tribally-owned concern; or (iii) is a corporation, limited liability company, or partnership or operated as a sole proprietorship; and (C) does not include— (i) an individual or entity described in subparagraph (A) that— (I) employs more than 250 employees, determined on a full-time equivalency basis; (II) is registered outside of the United States; or (III) has pandemic-related revenue losses that are not greater than 25 percent; (ii) an entity described in subparagraph (A) that— (I) is a State or local government-operated business; (II) as of February 29, 2020, owns or operates (together with any affiliated business) more than 5 locations, regardless of whether those locations do business under the same or multiple names; or (III) has a pending application for, or has received, a grant under— (aa) section 324 of the Economic Aid to Hard Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a ); or (bb) section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ); (iii) a publicly-traded company; (iv) an entity that is owned or operated by a private equity fund; (v) an entity that was not in operation before March 1, 2020; or (vi) an entity that is not in operation on, and does not intend to reopen on or before the date that is 180 days after, the date on which the entity applies for a covered grant. (5) Fund The term Fund means the Live Venue Service and Support Business Relief Fund established under section 242(a)(1). (6) Pandemic-related revenue loss (A) In general Subject to subparagraph (B), the term pandemic-related revenue loss means, with respect to an eligible entity— (i) except as provided in clauses (ii) and (iii), the gross receipts, as established using such verification documentation as the Administrator may require, of the eligible entity during 2020 subtracted from the gross receipts of the eligible entity in 2019, if such amount is greater than zero, except that the Administrator may make adjustments to this formula as needed for seasonal businesses, businesses affected by natural disasters, and to address other circumstances identified by the Administrator requiring accommodation; (ii) if the eligible entity was not in operation for the entirety of 2019— (I) the difference, if greater than zero, between— (aa) the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2019 by 12; and (bb) the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2020 by 12; or (II) an amount based on a formula determined by the Administrator; and (iii) if the eligible entity opened during the period beginning on January 1, 2020 and ending on February 29, 2020, an amount based on a formula determined by the Administrator. (B) Reduction (i) In general The pandemic-related revenue losses for an eligible entity shall be reduced by— (I) any amounts received from a covered loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) in 2020 or 2021; and (II) the amount by which the total of all remunerative payments made to an individual, including any annual salary paid to an employee, in 2020 exceeds $250,000. (ii) Administrator authority The Administrator may determine the types of payments and individuals to which clause (i)(II) applies. 242. Live Venue Service and Support Business Relief Fund (a) Establishment (1) In general There is established within the Restaurant Revitalization Fund established under section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) a fund to be known as the Live Venue Service and Support Business Relief Fund. (2) Use of funds Subject to section 266, the Administrator may use amounts in the Fund only for the purposes described in this subtitle and not for any purpose described in section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ). (b) Appropriations In addition to amounts otherwise available, there is appropriated to the Fund for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available until expended. 243. Grants from Fund (a) In general Except as provided in subsection (c)(3), the Administrator shall make covered grants to eligible entities in the order in which applications are received by the Administrator. (b) Applications (1) Certification An eligible entity applying for a covered grant shall make a good faith certification that— (A) the uncertainty of current economic conditions makes necessary the request for the covered grant to support the ongoing operations of the eligible entity; (B) the eligible entity does not have a pending application for, and has not received, a grant under— (i) section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a ); or (ii) section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ); and (C) contains any other information that the Administrator may require. (2) Verification materials Subject to section 241(6)(A)(i), the Administrator shall use tax records, and may, in addition, use other reliable sources such as certified accounting statements, with respect to an applicant for a covered grant to determine— (A) the eligibility of the applicant for that covered grant; and (B) the amount of that covered grant to the applicant. (3) Acceptance of applications Not later than 60 days after the date of enactment of this Act, the Administrator shall begin accepting applications for covered grants. (c) Amount of grant (1) Aggregate maximum amount The aggregate amount of covered grants made to an eligible entity and any affiliated businesses of the eligible entity shall not exceed $2,000,000. (2) Determination of amount of grant (A) In general Except as provided in this subsection, the amount of a covered grant made to an eligible entity shall be equal to the difference between— (i) the pandemic-related revenue loss of the eligible entity; and (ii) (I) the amount equal to the product obtained by multiplying 3 by the average monthly gross receipts of the eligible entity in 2019; or (II) for an eligible entity that did not have gross receipts in 2019, because the eligible entity began operating between January 1, 2020 and February 29, 2020 or due to other factors identified by the Administrator, an alternative amount based on a formula to be determined by the Administrator. (B) Limitation An eligible entity may not receive a covered grant in an amount that is greater than— (i) the amount equal to the product obtained by multiplying 6 by the average monthly gross receipts of the eligible entity in 2019; or (ii) if the eligible entity was not in operation for the entirety of 2019, if the gross receipts of the eligible entity during 2019 were reduced due to other factors identified by the Administrator, or if the eligible entity opened during the period beginning on January 1, 2020 and ending on February 29, 2020, an amount determined under a formula established by the Administrator. (C) Minimum amount The Administrator may establish a minimum amount of a covered grant in an amount that is not more than $10,000. (D) Return to SBA Any amount of a covered grant to an eligible entity based on estimated receipts that is greater than the actual gross receipts of the eligible entity in 2020 shall be returned to the Administrator, who may use those returned funds to make additional covered grants. (3) Insufficient funding (A) In general If the Administrator determines that the amounts made available to carry out this subtitle are insufficient to make covered grants to each eligible entity in the amount provided under paragraphs (1) and (2), the Administrator shall— (i) make covered grants with the available amounts— (I) such that the amount of the covered grant that each such eligible entity would have otherwise received under those paragraphs is reduced by an equal percentage; (II) by establishing a maximum amount for a covered grant made under this clause to ensure that smaller eligible entities still receive covered grants in the amounts provided under those paragraphs; or (III) by providing covered grants in the amounts provided under those paragraphs below a certain threshold (as the Administrator may establish) and reducing covered grants above that threshold by an equal percentage; and (ii) in a manner that complies with clause (i), make covered grants to each eligible entity that submits an application for a covered grant during the 21-day period beginning on the date on which the Administrator begins accepting those applications. (B) Reserving funds Nothing in subparagraph (A) shall prevent the Administrator from— (i) reserving funding for applicants that may be determined to be eligible for a covered grant upon reconsideration; or (ii) making partial awards to eligible entities on a preliminary basis until the amount of funding required to fund covered grants to all eligible entities that submit applications is established, upon the completion of the reconsideration process. (d) Use of funds During the covered period, an eligible entity that receives a covered grant may use amounts received under the covered grant for the following expenses incurred as a direct result of, or during, the COVID–19 pandemic: (1) Payroll costs. (2) Payments to independent contractors, as reported on Form 1099-MISC, except that each payment under this paragraph shall be in an amount that is not more than $100,000. (3) Scheduled payments of interest or principal on any covered mortgage obligation (which may not include any prepayment of principal on a covered mortgage obligation). (4) Payments on any covered rent obligation and common area maintenance charges under a lease agreement. (5) Covered utility payments. (6) Maintenance expenses. (7) Covered worker protection expenditures. (8) Supplies, including protective equipment and cleaning materials. (9) Expenses that were within the scope of the normal business practice of the eligible entity before the covered period. (10) Covered supplier costs. (11) Operational expenses. (12) Paid sick leave. (13) Any other expenses that the Administrator determines to be essential to maintaining the eligible entity. (e) Returning funds If an eligible entity that receives a covered grant fails to use all of the amounts received under the covered grant on or before the last day of the covered period or permanently ceases operations on or before the last day of the covered period, the eligible entity shall return to the Treasury any funds that the eligible entity did not use for the allowable expenses under subsection (d). E Support for exclave community small businesses 251. Definitions In this subtitle: (1) Affiliated business (A) In general The term affiliated business means a business in which an eligible entity has an equity or right to profit distributions of not less than 50 percent, or in which an eligible entity has the contractual authority to control the direction of the business, provided that such affiliation shall be determined as of any arrangements or agreements in existence as of February 29, 2020. (B) Regulations For purposes of eligibility for covered grants— (i) the provisions applicable to affiliations under section 121.301 of title 13, Code of Federal Regulations, or any successor regulation, are waived for any business concern operating as a franchise that is assigned a franchise identifier code by the Administration; and (ii) the exceptions to affiliation noted in section 121.103(b) of title 13, Code of Federal Regulations, or any successor regulation, shall apply to an affiliated business. (2) Covered grant The term covered grant means a grant under section 253 made to an eligible entity (3) Covered period The term covered period means the period— (A) beginning on March 1, 2020; and (B) ending on March 31, 2023, or a date to be determined by the Administrator that is not later than 2 years after the date of enactment of this Act. (4) Exclave The term exclave means an area that is— (A) located in the United States; (B) within 75 miles of the international border between the United States and Canada; and (C) only accessible by land via Canada. (5) Eligible entity The term eligible entity — (A) means a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )) that— (i) is located in an exclave; and (ii) certifies, and, if requested by the Administrator, demonstrates, that the closure of the international border between the United States and Canada— (I) directly resulted in a reduction in the gross receipts of the eligible entity; or (II) restricted the ability of customers to access the location of the small business concern; and (B) does not include— (i) an entity with pandemic-related revenue losses that are not greater than 25 percent; (ii) an entity described in subparagraph (A) that— (I) is a State or local government-operated business; (II) as of March 1, 2020, owns or operates (together with any affiliated business) more than 10 locations, regardless of whether those locations do business under the same or multiple names; or (III) has a pending application for or has received a grant under— (aa) section 324 of the Economic Aid to Hard Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a ); or (bb) section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ); (iii) a publicly-traded company; (iv) an entity that is owned or operated by a private equity fund; (v) an entity that was not in operation before March 1, 2020; or (vi) an entity that is not in operation on, and does not intend to reopen on or before the date that is 180 days after, the date on which the entity applies for a covered grant. (6) Fund The term Fund means the Exclave Community Small Business Relief Fund established under section 252(a)(1). (7) Pandemic-related revenue loss (A) In general Subject to subparagraph (B), the term pandemic-related revenue loss means, with respect to an eligible entity— (i) except as provided in clauses (ii) and (iii), the gross receipts, as established using such verification documentation as the Administrator may require, of the eligible entity during 2020 subtracted from the gross receipts of the eligible entity in 2019, if such amount is greater than zero, except that the Administrator may make adjustments to this formula as needed for seasonal businesses, businesses affected by natural disasters, and to address other circumstances identified by the Administrator requiring accommodation; (ii) if the eligible entity was not in operation for the entirety of 2019— (I) the difference, if greater than zero, between— (aa) the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2019 by 12; and (bb) the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2020 by 12; or (II) an amount based on a formula determined by the Administrator; and (iii) if the eligible entity opened during the period beginning on January 1, 2020, and ending on February 29, 2020, an amount based on a formula determined by the Administrator. (B) Reduction (i) In general The pandemic-related revenue losses for an eligible entity shall be reduced by— (I) any amounts received from a covered loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) in 2020 or 2021; and (II) the amount by which the total of all remunerative payments made to an individual, including any annual salary paid to an employee, in 2020 exceeds $250,000. (ii) Administrator authority The Administrator may determine the types of payments and individuals to which clause (i)(II) applies. 252. Exclave Community Small Business Relief Fund (a) Establishment (1) In general There is established within the Restaurant Revitalization Fund established under section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) a fund to be known as the Exclave Community Small Business Relief Fund. (2) Use of funds Subject to section 266, the Administrator may use amounts in the Fund only for the purposes described in this subtitle and not for any purpose described in section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ). (b) Appropriations In addition to amounts otherwise available, there is appropriated to the Fund for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $85,000,000, to remain available until expended, of which $75,000,000 shall be available for eligible entities located in exclaves adjacent to the border between Alaska and Canada and $10,000,000 shall be available to exclaves adjacent to the border between the continental United States and Canada. 253. Grants from Fund (a) In general Except as provided in subsection (c)(3)(B), the Administrator shall make covered grants to eligible entities in the order in which applications are received by the Administrator. (b) Applications (1) Certification An eligible entity applying for a covered grant shall make a good faith certification that— (A) the uncertainty of current economic conditions makes necessary the request for the covered grant to support the ongoing operations of the eligible entity; (B) closure of the international border between the United States and Canada— (i) directly resulted in a reduction in the gross receipts of the eligible entity; or (ii) restricted the ability of customers to access the location of the covered business; (C) the eligible entity does not have a pending application for, and has not received, a grant under— (i) section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a ); or (ii) section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ); and (D) contains any other information that the Administrator may require. (2) Verification materials Subject to section 251(7)(A)(i), the Administrator shall use tax records, and may, in addition, use other reliable sources such as certified accounting statements, with respect to an applicant for a covered grant to determine— (A) the eligibility of the applicant for that covered grant; and (B) the amount of that covered grant to the applicant. (3) Acceptance of applications Not later than 60 days after the date of enactment of this Act, the Administrator shall begin accepting applications for covered grants. (c) Amount of grant (1) Aggregate maximum amount The aggregate amount of covered grants made to an eligible entity and any affiliated businesses of the eligible entity shall not exceed $3,000,000. (2) Determination of amount of grant (A) In general Except as provided in section 252(b) and in this subsection, the amount of a covered grant made to an eligible entity shall be equal to the difference between— (i) the pandemic-related revenue loss of the eligible entity; and (ii) (I) the amount equal to the product obtained by multiplying 3 by the average monthly gross receipts of the eligible entity in 2019; or (II) for an eligible entity that did not have gross receipts in 2019, because the eligible entity began operating between January 1, 2020 and February 29, 2020 or due to other factors identified by the Administrator, an alternative amount based on a formula to be determined by the Administrator. (B) Minimum amount The Administrator may establish a minimum amount of a covered grant in an amount that is not more than $10,000. (C) Return to SBA Any amount of a covered grant to an eligible entity based on estimated receipts that is greater than the actual gross receipts of the eligible entity in 2020 shall be returned to the Administrator, who may use those returned funds to make additional covered grants. (3) Insufficient funding (A) In general If the Administrator determines that the amounts made available to carry out this subtitle are insufficient to make covered grants to each eligible entity in the amount provided under paragraphs (1) and (2) and in accordance with the allocations under section 252(b), the Administrator shall— (i) make covered grants with the available amounts— (I) such that the amount of the covered grant that each such eligible entity would have otherwise received under those paragraphs is reduced by an equal percentage; (II) by establishing a maximum amount for a covered grant made under this clause to ensure that smaller eligible entities still receive covered grants in the amounts provided under those paragraphs; or (III) by providing covered grants in the amounts provided under those paragraphs below a certain threshold (as the Administrator may establish) and reducing covered grants above that threshold by an equal percentage; and (ii) in a manner that complies with clause (i), make covered grants to each eligible entity that submits an application for a covered grant during the 21-day period beginning on the date on which the Administrator begins accepting those applications. (B) Reserving funds Nothing in subparagraph (A) shall prevent the Administrator from— (i) reserving funding for applicants that may be determined to be eligible for a covered grant upon reconsideration; or (ii) making partial awards to eligible entities on a preliminary basis until the amount of funding required to fund covered grants to all eligible entities that submit applications is established, upon the completion of the reconsideration process. (d) Use of funds (1) Permitted uses During the covered period, an eligible entity that receives a covered grant may use amounts received under the covered grant for the following expenses incurred as a direct result of, or during, the COVID–19 pandemic: (A) Payroll costs. (B) Payments to independent contractors, as reported on Form 1099-MISC, except that each payment under this subparagraph shall be in an amount that is not more than $100,000. (C) Scheduled payments of interest or principal on any covered mortgage obligation (which may not include any prepayment of principal on a covered mortgage obligation). (D) Payments on any covered rent obligation and common area maintenance charges under a lease agreement. (E) Covered utility payments. (F) Maintenance expenses. (G) Covered worker protection expenditures. (H) Supplies, including protective equipment and cleaning materials. (I) Expenses that were within the scope of the normal business practice of the eligible entity before the covered period. (J) Covered supplier costs. (K) Operational expenses. (L) Paid sick leave. (M) Any other expenses that the Administrator determines to be essential to maintaining the eligible entity. (2) Prohibited uses An eligible entity may not use amounts received under a covered grant for expenses incurred by the eligible entity outside the exclave, including those expenses incurred by related or affiliated businesses located outside the exclave. (e) Returning funds If an eligible entity that receives a covered grant fails to use all of the amounts received under the covered grant on or before the last day of the covered period or permanently ceases operations on or before the last day of the covered period, the eligible entity shall return to the Treasury any funds that the eligible entity did not use for the allowable expenses under subsection (d). F Administration and implementation of support programs 261 Definition In this subtitle, the term covered program means a program for which grants are authorized under this title. 262. Data transparency and customer service The Administrator shall— (1) in carrying out each covered program, maintain regular communication during the period during which the covered program is in effect with applicants and their representatives, including by— (A) hosting regularly scheduled information sessions with applicants and their representatives; and (B) providing opportunities to applicants and their representatives to submit and receive answers to questions regarding covered programs; (2) for each covered program, on a bi-weekly basis until the amounts made available under this title for the covered program are fully expended, publish data that shows, for the period beginning on the date of enactment of this Act and ending on the date on which the information is published— (A) with respect to applications for grants under each covered program, the number of those applications— (i) that the Administrator has received; (ii) that the Administrator has reviewed or is in the process of reviewing; and (iii) with respect to which the Administrator has made a decision; and (B) the number and dollar amount of grants under each covered program— (i) that are awarded; and (ii) that are disbursed; (3) for each covered program, on a weekly basis until the amounts made available under this title to carry out the covered program are fully expended, publish, with respect to the period beginning on the date of enactment of this Act and ending on the date on which the information is published— (A) with respect to each entity to which a grant has been made under the covered program— (i) the name of the entity, including the name under which the entity does business if that name is different from the name of the entity; (ii) the address of the entity; and (iii) if the physical location for the eligible business listed on the application is different from the address of the entity, the address of such physical location; and (B) the amount of each grant described in subparagraph (A); and (4) with respect to an applicant that applies for a grant under a covered program and is denied by the Administrator— (A) make available to the applicant a brief explanation identifying the reason why the Administrator denied the application of the applicant, which shall include, where applicable, a citation to the statutory, regulatory, or guidance provision with which the applicant failed to comply and that was the basis for the denial; and (B) establish a reconsideration process through which the applicant may— (i) submit to the Administrator additional clarifying information the applicant determines to be relevant to whether the applicant is eligible for the grant; (ii) challenge the decision of the Administrator; and (iii) receive a second review of the application submitted by the applicant. 263. Business identifiers In accepting applications for grants under a covered program, the Administrator shall prioritize the ability of each applicant to use the existing business identifier of the applicant over requiring other forms of registration or identification that may not be common to the industry of the applicant, which may impose additional burdens on the applicant. 264. Applications (a) Expedited processing and approval authority (1) In general The Director of the Office of Management and Budget may, on an emergency basis, and in order to expedite the processing and approval of applications for grants under a covered program, waive the requirements of part 200 of title 2, Code of Federal Regulations, or any successor regulations, with respect to the covered program if— (A) the Director finds that such a waiver will prevent entities eligible for grants under the covered program from failing or suffering undue hardship; and (B) each entity that receives a grant under the covered program is still required to report to the Administrator on the use by the entity of the amounts received under the grant. (2) Continuity To the extent practicable, the Director of the Office of Management and Budget shall prioritize administrative continuity for covered programs with the Restaurant Revitalization Fund authorized in section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ). (b) Limitation on denial based on denial for other SBA programs The Administrator may not deny an application by an entity for a grant under a covered program solely on the basis that an application by the entity for another program of the Small Business Administration, including the program under section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ), was denied. 265. Prohibition on participation in multiple programs (a) In general An entity may not receive a grant under more than 1 covered program or receive a grant under a covered program and a grant under title IV. (b) Withdrawal of pending applications (1) Definition In this subsection, the term covered application means an application for a grant under— (A) a covered program; (B) the program under section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ); or (C) the program under section 324 of the Economic Aid to Hard Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a ). (2) Withdrawal An entity that has a pending covered application may submit a covered application with respect to another program if, at or before the time that the entity submits the covered application with respect to another program, the entity withdraws the pending covered application. 266. Transfer of funds (a) Authority (1) In general Subject to paragraph (2), on and after the date that is 30 days after the date on which the Administrator begins accepting applications under a covered program, the Administrator may transfer amounts made available under this title for that covered program to the fund established under this title for another covered program. (2) Limitation The Administrator may not transfer amounts made available under this title for a covered program if the Administrator determines that the amounts made available to carry out that covered program are insufficient to make grants to each eligible entity in the amount specified with respect to that covered program. (b) Use of transferred funds Any amounts transferred under subsection (a) shall be merged with, and available for the same purposes as, other amounts in the fund to which the amounts are transferred. 267. Oversight and audits (a) In general The Administrator shall institute an oversight and audit plan with respect to entities receiving grants under a covered program, which shall include— (1) documentation requirements that are consistent with the eligibility and other requirements under the applicable covered program, including by requiring an entity that receives a grant under the covered program to retain records that demonstrate compliance with those requirements; and (2) reviews of the use by entities of grants made under the applicable covered program to ensure compliance with the requirements under that covered program, which shall include— (A) the review and audit, by the Administrator, of grants made under that covered program; and (B) in the case of fraud or other material noncompliance with respect to a grant made under that covered program— (i) a requirement that the applicable entity repay to the Administrator the amount of the misspent funds; or (ii) the pursuit, by the Administrator, of legal action to collect the misspent funds. (b) Submission of plan Not later than 45 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the plan required under subsection (a), which shall describe— (1) the policies and procedures of the Administrator for conducting oversight and audits of grants made under the covered programs; and (2) the metrics that the Administrator will use to determine which grants made under a covered program will be audited under that plan. (c) Reports Not later than 60 days after the date of enactment of this Act, once every 30 days thereafter until the date that is 180 days after the date on which all amounts made available to carry out covered programs have been fully expended, and upon request thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the oversight and audit activities of the Administrator under this section, which shall include— (1) the total number of grants approved and disbursed under each covered program; (2) the total amount of each grant under each covered program received by each entity that received such a payment; (3) the number of active investigations and audits of grants made under each covered program; (4) the number of completed reviews and audits of grants made under each covered program, including a description of— (A) any findings of fraud or other material noncompliance with the requirements of the applicable covered program; (B) questionable costs identified by the Administrator; and (C) the total amount recouped from ineligible recipients; and (5) a description of any substantial changes made to the plan required under subsection (a). 268. Administrative funding In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to remain available until expended, $150,000,000 for administrative expenses to carry out the covered programs, of which, $20,000,000 shall be for the Inspector General of the Small Business Administration for necessary expenses of the Office of Inspector General. 269. Gross receipts For each covered program, the Administrator may authorize applicants for grants under the covered program to measure annual gross receipts using either the calendar year or fiscal year. 270. Rules Not later than 60 days after the date of enactment of this Act, the Administrator shall issue rules to carry out each covered program, without regard to the notice requirements under section 553(b) of title 5, United States Code. III Other SBA program improvements 301. Shuttered venue operators (a) In general Section 324(d) of title III of division N of the Consolidated Appropriations Act, 2021 ( 15 U.S.C. 9009a(d) ) is amended by striking paragraph (1) and inserting the following: (1) Timing (A) Expenses incurred Amounts received under a grant under this section may be used for costs incurred during the period beginning on March 1, 2020, and ending on March 11, 2023. (B) Expenditure An eligible person or entity shall return to the Administrator any amounts received under a grant under this section that are not expended on or before April 15, 2023, with respect to costs incurred during the period described in subparagraph (A). . (b) Applicability The amendment made by subsection (a) shall apply to grants made under section 324 of title III of division N of the Consolidated Appropriations Act, 2021 ( 15 U.S.C. 9009a ) before, on, or after the date of enactment of this Act. 302. Treatment of paycheck protection program loan forgiveness of payroll costs under highway and public transportation project cost reimbursement contracts (a) In general Notwithstanding section 31.201–5 of title 48, Code of Federal Regulations (or successor regulations), for the purposes of any cost-reimbursement contract awarded in accordance with section 112 of title 23, United States Code, or section 5325 of title 49, United States Code, or any subcontract under such a contract, no cost reduction or cash refund (including through a reduced indirect cost rate) shall be due to the Department of Transportation or to a State transportation department, transit agency, or other recipient of assistance under chapter 1 of title 23, United States Code, or chapter 53 of title 49, United States Code, on the basis of forgiveness of the payroll costs of a covered loan (as those terms are defined in section 7A(a) of the Small Business Act ( 15 U.S.C. 636m(a) )) issued under the paycheck protection program under section 7(a)(36) of that Act ( 15 U.S.C. 636(a)(36) ). (b) Rule of construction Nothing in this section shall be construed to amend or exempt the prohibitions and liability under section 3729 of title 31, United States Code, (relating to false claims). (c) Termination This section shall cease to have force or effect on June 30, 2025. IV Transportation services 401. Additional assistance for eligible providers of transportation services affected by COVID–19 (a) Definitions In this section: (1) CERTS Act The term CERTS Act means subtitle B of title IV of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). (2) Provider of transportation services The term provider of transportation services has the meaning given the term in section 421(a) of the CERTS Act. (3) Secretary The term Secretary means the Secretary of the Treasury. (b) Appropriation In addition to amounts otherwise made available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available until expended, to provide additional funding for grants under the CERTS Act. (c) Payments (1) Eligible entities The Secretary shall provide the funds made available by subsection (b) to providers of transportation services that— (A) as of the date of enactment of this Act— (i) have been determined to be eligible under the CERTS Act; and (ii) are in compliance with the applicable terms and conditions of the CERTS Act; or (B) on or after the date of enactment of this Act, are determined to be eligible under the terms and conditions described in subparagraph (A)(ii). (2) Calculation A payment provided under this subsection shall be calculated using the same methodology as is used for the distribution of funds under the CERTS Act. (3) Return of unused amounts A provider of transportation services shall return to the Secretary any funds provided under this subsection that are not used by the provider of transportation services by the date that is 1 year after the date of receipt of the funds. (d) Administration (1) In general The Secretary shall have the authorities provided by the CERTS Act with respect to the funds made available by subsection (b). (2) Administrative expenses Of the funds made available by subsection (b), not more than $50,000,000 may be used by the Secretary for the costs of administering this section and the CERTS Act. V Offsets 501. Offsetting rescissions (a) In general Of the unobligated balances from amounts made available under the heading Small Business Administration—Business Loans Program Account, CARES Act in section 323(d)(1)(A) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 2019) for the cost of guaranteed loans as authorized under paragraphs (36) and (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), $2,982,000,000 are hereby permanently rescinded. (b) CARES Act Of the unexpended balances remaining from amounts made available under the heading Small Business Administration—Business Loans Program Account, CARES Act in section 1107(a)(1) of the Coronavirus Aid, Relief, and Economic Security Act ( 15 U.S.C. 9006(a)(1) ) $1,904,000,000 shall be returned to the Treasury. VI Budgetary effects 601. Emergency designation (a) In general The amounts provided under the this Act and the amendments made by this Act are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (b) House and Senate This Act and the amendments made by this Act are designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.
April 6, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s4008pcs/xml/BILLS-117s4008pcs.xml |
117-s-4009 | II 117th CONGRESS 2d Session S. 4009 IN THE SENATE OF THE UNITED STATES April 6, 2022 Mr. Casey (for himself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to rebase the calculation of payments for sole community hospitals and Medicare-dependent hospitals, and for other purposes.
1. Short title This Act may be cited as the Rural Hospital Support Act . 2. Rebasing of the calculation of payments for sole community hospitals (a) Rebasing permitted Section 1886(b)(3) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3) ) is amended by adding at the end the following new subparagraph: (M) (i) For cost reporting periods beginning on or after October 1, 2022, in the case of a sole community hospital there shall be substituted for the amount otherwise determined under subsection (d)(5)(D)(i) of this section, if such substitution results in a greater amount of payment under this section for the hospital, the subparagraph (M) rebased target amount. (ii) For purposes of this subparagraph, the term subparagraph (M) rebased target amount has the meaning given the term target amount in subparagraph (C), except that— (I) there shall be substituted for the base cost reporting period the 12-month cost reporting period beginning during fiscal year 2016; (II) any reference in subparagraph (C)(i) to the first cost reporting period described in such subparagraph is deemed a reference to the first cost reporting period beginning on or after October 1, 2022; and (III) the applicable percentage increase shall only be applied under subparagraph (C)(iv) for discharges occurring on or after October 1, 2022. . (b) Conforming amendments Section 1886(b)(3) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3) ) is amended— (1) in subparagraph (C), in the matter preceding clause (i), by striking subparagraphs (I) and (L) and inserting subparagraphs (I), (L), and (M) ; and (2) in subparagraph (I)(i), in the matter preceding subclause (I), by striking subparagraph (L) and inserting subparagraphs (L) and (M) . 3. Rebasing of the calculation of payments for Medicare-dependent hospitals Section 1886(b)(3) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3) ), as amended by section 2, is amended— (1) in subparagraph (D), by striking subparagraph (K) and inserting subparagraphs (K) and (N) ; and (2) by adding at the end the following new subparagraph: (N) (i) With respect to discharges occurring on or after October 1, 2022, in the case of a medicare-dependent, small rural hospital, for purposes of applying subparagraph (D)— (I) there shall be substituted for the base cost reporting period described in subparagraph (D)(i) the 12-month cost reporting period beginning during fiscal year 2016; and (II) any reference in such subparagraph to the first cost reporting period described in such subparagraph is deemed a reference to the first cost reporting period beginning on or after October 1, 2022. (ii) This subparagraph shall only apply to a hospital if the substitution described in clause (i)(I) results in an increase in the target amount under subparagraph (D) for the hospital. . 4. Prohibition of adjustments to classifications and weighting factors relating to the calculation of payments for sole community hospitals and Medicare-dependent hospitals Section 1886(d)(4)(C) of the Social Security Act ( 42 U.S.C. 1395ww(d)(4)(C) )— (1) in clause (i), by striking The Secretary and inserting Subject to clause (v), the Secretary ; and (2) by adding at the end the following new clause: (v) For discharges using the rebased target amounts described in subparagraph (M) or (N) of subsection (b)(3), the Secretary may not adjust such amounts for adjustments required by clause (iii) prior to October 1, 2015. . 5. Extension of the medicare-dependent hospital (MDH) program (a) Extension of payment methodology Section 1886(d)(5)(G) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(G) ) is amended— (1) in clause (i), by striking , and before October 1, 2022 ; and (2) in clause (ii)(II), by striking , and before October 1, 2022 . (b) Conforming amendments (1) Extension of target amount Section 1886(b)(3)(D) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3)(D) ) is amended— (A) in the matter preceding clause (i), by striking , and before October 1, 2022 ; and (B) in clause (iv), by striking through fiscal year 2022 and inserting or a subsequent fiscal year . (2) Permitting hospitals to decline reclassification Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 ( 42 U.S.C. 1395ww note) is amended by striking fiscal year 2000 through fiscal year 2022 and inserting a subsequent fiscal year . 6. Extension of the increased payments under the Medicare low-volume hospital program Section 1886(d)(12) of the Social Security Act ( 42 U.S.C. 1395(d)(12) ) is amended— (1) in subparagraph (B)— (A) in the subparagraph heading, by inserting for fiscal years 2005 through 2010 after increase ; and (B) in the matter preceding clause (i), by striking and for discharges occurring in fiscal year 2023 and subsequent fiscal years ; (2) in subparagraph (C)(i)— (A) in the matter preceding subclause (I), by striking fiscal years 2011 through 2022 and inserting fiscal year 2011 and subsequent fiscal years ; (B) in subclause (II), by adding and at the end; (C) in subclause (III)— (i) by striking each of fiscal years 2019 through 2022 and inserting fiscal year 2019 and each subsequent fiscal year ; and (ii) by striking ; and at the end and inserting a period; and (D) by striking subclause (IV); and (3) in subparagraph (D)— (A) by amending the subparagraph heading to reach as follows: Applicable percentage increase beginning with fiscal year 2011 .— ; (B) in the matter preceding clause (i), by striking fiscal years 2011 through 2022 and inserting fiscal year 2011 and subsequent fiscal years ; and (C) in clause (ii), by striking each of fiscal years 2019 through 2022 and inserting fiscal year 2019 and each subsequent fiscal year . | https://www.govinfo.gov/content/pkg/BILLS-117s4009is/xml/BILLS-117s4009is.xml |
117-s-4010 | II 117th CONGRESS 2d Session S. 4010 IN THE SENATE OF THE UNITED STATES April 6, 2022 Mr. Whitehouse (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes.
1. Short title This Act may be cited as the 21st Century Courts Act of 2022 . 2. Code of conduct for the Supreme Court of the United States (a) In general Chapter 16 of title 28, United States Code, is amended by adding at the end the following: 365. Codes of conduct (a) Not later than 180 days after the date of the enactment of this section— (1) the Supreme Court of the United States shall, after appropriate public notice and opportunity for comment, issue a code of conduct for the justices of the Supreme Court; and (2) the Judicial Conference of the United States shall issue a code of conduct for the judges of the courts of appeals, the district courts (including bankruptcy judges and magistrate judges), and the Court of International Trade. (b) If the Supreme Court of the United States fails to comply with subsection (a), the code of conduct for justices of the Supreme Court shall consist of the Code of Conduct for United States Judges, as in effect on the date of enactment of this section. (c) The Supreme Court of the United States and the Judicial Conference may modify the applicable codes of conduct under this section after giving appropriate public notice and opportunity for comment. . (b) Technical and conforming amendment The table of sections for chapter 16 of title 28, United States Code, is amended by adding at the end the following: 365. Codes of conduct. . 3. Disqualification of Federal judges Section 455 of title 28, United States Code, is amended— (1) in subsection (a), by inserting bankruptcy judge, after judge, ; (2) in subsection (b), by adding at the end the following: (6) Where the justice, judge bankruptcy judge, or magistrate judge of the United States received, during the 6-year period ending on the date on which the judge was assigned to the proceeding, income, a gift, or reimbursement required to be reported under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) from a party to the proceeding, a lawyer in the proceeding, an individual employed in a supervisory capacity by a party or law firm in the proceeding, or an affiliate of a party or law firm in the proceeding. (7) Where a party to the proceeding, a lawyer in the proceeding, an individual employed in a supervisory capacity by a party or law firm in the proceeding, or an affiliate of a party or law firm in the proceeding made any lobbying contact or spent substantial funds in support of the nomination, confirmation, or appointment of the justice, judge, bankruptcy judge, or magistrate judge of the United States. (8) Where the justice, judge, bankruptcy judge, or magistrate judge of the United States, their spouse, child, or spouse of their child has, during the 6-year period ending on the date on which the justice, judge, bankruptcy judge, or magistrate judge of the United States was assigned to the proceeding— (A) received income, a gift, or reimbursement required to be reported under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) from, or been employed or volunteered for more than 6 consecutive months in an official supervisory or advisory capacity for a party to the proceeding, a lawyer in the proceeding, or an affiliate of a party or law firm in the proceeding; or (B) been employed or volunteered for more than 6 consecutive months in an official supervisory or advisory capacity alongside a lawyer in the proceeding. ; (3) by striking subsection (c) and inserting the following: (c) A justice, judge, bankruptcy judge, or magistrate judge of the United States shall be informed about— (1) the personal and fiduciary financial interests of the justice, judge, bankruptcy judge, or magistrate judge of the United States; (2) the personal financial interests of the spouse and minor children residing in the household of the justice, judge, bankruptcy judge, or magistrate judge of the United States; and (3) any interest that could be substantially affected by the outcome of the proceeding. ; (4) in subsection (d)— (A) in paragraph (4)— (i) in clause (iii), by inserting and at the end; and (ii) in clause (iv), by striking the period at the end and inserting a semicolon; and (B) by adding at the end the following: (5) official supervisory or advisory capacity includes acting as a director, officer, trustee, or any other equivalent position; (6) affiliate means an entity that effectively controls or is controlled by another entity or is associated with another entity under common ownership or control, regardless of tax status or corporate form. Whether an entity is an affiliate of another shall be determined under the totality of the circumstances, including— (A) whether the entities share employees, board members, or officers; (B) whether the entities share facilities or mailing addresses; (C) whether the entities are related organizations, as defined by the Internal Revenue Service; and (D) any indicia that the 2 entities are alter egos or otherwise effectively the same organization regardless of tax status or corporate form; (7) substantial funds means an amount of money that a reasonable person would consider to be significant based on the totality of circumstances, including— (A) the proportion of funds spent relative to the revenues or expenditures of the individual or entity; (B) the proportion of funds spent relative to other known spending in support of the nomination, confirmation, or appointment of the justice, judge, bankruptcy judge, or magistrate judge of the United States; and (C) any other objective indicia of the significance of the financial support of the individual or entity for the nomination, confirmation, or appointment of the justice, judge, bankruptcy judge, or magistrate judge of the United States. ; (5) in subsection (e)— (A) by adding bankruptcy judge, after judge, ; (B) in the first sentence, by inserting , unless the ground for disqualification arises under paragraph (7) of that subsection before the period at the end; and (C) after the second sentence, by adding Where the ground for disqualification arises only under subsection (b)(7), waiver may be accepted only if offered by all parties to the proceeding. ; (6) in subsection (f), by inserting under subsection (b)(4) after disqualified ; and (7) by adding at the end the following: (g) If a justice, judge, bankruptcy judge, or magistrate judge learns that a condition requiring disqualification under this section is present, the justice, judge, bankruptcy judge, or magistrate judge shall— (1) immediately notify all parties to the proceeding; and (2) include the notification required under paragraph (1) in the official record of the proceeding. (h) (1) A justice, judge, bankruptcy judge, or magistrate judge shall grant or certify to a reviewing panel a timely motion filed by a party to the proceeding that is accompanied by a certificate of good faith and an affidavit alleging facts sufficient to show that disqualification of the justice, judge, bankruptcy judge, or magistrate judge is required under this section or any other Federal law. (2) A reviewing panel described in paragraph (1) shall be selected at random from judges of the United States who do not sit on the same court as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion or as the other members of the reviewing panel. No more than 1 member of the reviewing panel may be a judge of the same judicial circuit as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion. (3) The Supreme Court of the United States shall be the reviewing panel for a motion seeking to disqualify a justice. (i) The clerk of the applicable court shall publish timely notice on the website of the court of— (1) any matter in which a justice, judge, bankruptcy judge, or magistrate judge of the United States disqualifies is disqualified under this section; (2) in the case of any matter in which the reviewing panel under subsection (h) rules on a motion to disqualify; and (3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in disqualification. . 4. Conflicts related to amici curiae (a) In general Exception as provided in subsection (b), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 of title 28, United States Code, for prohibiting the filing of or striking an amicus brief that would result in the disqualification of a justice, judge, or magistrate judge. (b) Initial transmittal The Supreme Court of the United States shall transmit to Congress— (1) the proposed rules required under subsection (a) not later than 180 days after the date of enactment of this Act; and (2) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. 5. Amicus disclosure (a) In general Chapter 111 of title 28, United States Code, is amended by adding at the end the following: 1660. Disclosures related to amicus activities (a) Definition In this section, the term covered amicus means any person, including any affiliate of the person, that files an amicus brief in a calendar year in the Supreme Court of the United States or a court of appeals of the United States. (b) Disclosure (1) In general Any covered amicus that files an amicus brief in the Supreme Court of the United States or a court of appeals of the United States shall list in the amicus brief the name of any person who— (A) contributed to the preparation or submission of the amicus brief; (B) contributed not less than 3 percent of the gross annual revenue of the covered amicus for the previous calendar year if the covered amicus is not an individual; or (C) contributed more than $100,000 to the covered amicus in the previous calendar year. (2) Exceptions The requirements of this subsection shall not apply to amounts received by a covered amicus described in paragraph (1) in commercial transactions in the ordinary course of any trade or business conducted by the covered amicus or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in an organization if the amounts are unrelated to the amicus filing activities of the covered amicus. (c) Audit The Comptroller General of the United States shall conduct an annual audit to ensure compliance with this section. (d) Prohibition on provision of gifts or travel by covered amici to judges and justices (1) In general Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. (2) Reimbursement for travel for appearances at accredited law schools Paragraph (1) shall not apply to reimbursement for travel for an appearance at an accredited law school. (e) Civil fines Whoever knowingly fails to comply with any provision of this section shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation. (f) Rules of construction (1) Constitutional rights Nothing in this section shall be construed to prohibit or interfere with— (A) the right to petition the Government for the redress of grievances; (B) the right to express a personal opinion; or (C) the right of association, protected by the First Amendment to the Constitution of the United States. (2) Prohibition of activities Nothing in this section shall be construed to prohibit, or to authorize any court to prohibit, amicus activities by any person or entity, regardless of whether such person or entity is in compliance with the requirements of this section. (g) Severability If any provision of this section, or the application thereof, is held invalid, the validity of the remainder of this section and the application of such provision to other persons and circumstances shall not be affected thereby. . (b) Technical and conforming amendment The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following: 1660. Disclosures related to amicus activities. . 6. Judicial travel (a) Disclosures regarding travel-Related reimbursements (1) In general Section 102(a)(2)(B) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) by striking source and a brief and inserting source, and a brief ; (B) by inserting , including the value, before of reimbursements ; and (C) by striking greater and received and inserting greater, received . (2) Periodic reports Section 103 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (m) (1) Not later than 30 days after completing travel in connection with which a judicial officer receives, or will receive, a reimbursement required to be reported under section 102(a)(2)(B), the judicial officer shall file a report regarding the reimbursement. (2) The Administrative Office of the United States Courts shall publish on a website of the Federal judiciary each report filed under paragraph (1). . (b) Definition of personal hospitality of an individual (1) In general Section 109(14) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) by striking any individual’ means and inserting the following: “an individual’— (A) means ; (B) in subparagraph (A) (as so designated)— (i) by striking his family each place it appears and inserting the family of the individual ; and (ii) by adding and after the semicolon; and (C) by adding at the end the following: (B) with respect to a judicial officer, does not include— (i) private travel on a boat or airplane owned by an individual if that travel is substituting for commercial transportation; (ii) any food, lodging, or entertainment provided by an individual who has (or owns or controls an entity that has) a matter pending before the court on which the judicial officer serves or before a court the decisions of which may be appealed to the court on which the judicial officer serves; (iii) lodging at a residence or other property that is rented to others by the individual providing the hospitality; (iv) hospitality provided by an individual at— (I) a restaurant, nightclub, resort, hotel, or other commercial establishment; or (II) a private club of which the individual is a paying member; (v) hospitality extended by an individual, the cost of which is paid for by a corporation or organization, including a corporation or organization that is not less than 10-percent owned by the individual; or (vi) hospitality extended by an individual, the cost of which is reimbursed to the individual by any third party. . (2) Certification regarding lack of reimbursement Section 102(a)(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in subparagraph (A), by striking The identity and inserting Subject to subparagraphs (C) and (D), the identity ; and (B) by adding at the end the following: (D) A judicial officer who receives food, lodging, or entertainment that is exempted under subparagraph (A) from being reported as being food, lodging, or entertainment received as personal hospitality of an individual shall include in the report covering the period during which the food, lodging, or entertainment was received a certification that the cost of the food, lodging, or entertainment was not reimbursed by any third party. . 7. Financial conflicts of interest Section 208 of title 18, United States Code, is amended by inserting after Government employee, , or an officer or employee of the judicial branch of the United States Government, . 8. Video recording of court proceedings (a) Courts of appeals (1) In general Chapter 3 of title 28, United States Code, is amended by adding at the end the following: 50. Internet publication of certain video recordings (a) In general The open proceedings of each hearing of a court of appeals shall be made available by video for public transmission over the internet— (1) to the extent practicable, in real time during such hearing; and (2) for not fewer than 5 years after the date on which the hearing concludes. (b) Copyright protection not available An audio or video recording created pursuant to the requirement under this section shall be considered a work of the United States Government for purposes of section 105 of title 17. . (2) Technical and conforming amendment The table of sections for chapter 3 of title 28, United States Code, is amended by adding at the end the following: 50. Internet publication of certain video recordings. . (b) Supreme Court of the United States (1) In general Chapter 1 of title 28, United States Code, is amended by adding at the end the following: 7. Internet publication of certain video recordings (a) In general Each oral argument and reading of an opinion before the Supreme Court of the United States shall be made available by video for public transmission over the internet— (1) on the day of such oral argument and reading; and (2) in real time during such oral argument and opinion reading. (b) Copyright protection not available An recording created pursuant to the requirement under this section shall be considered a work of the United States Government for purposes of section 105 of title 17. . (2) Technical and conforming amendment The table of sections for chapter 1 of title 28, United States Code, is amended by adding at the end the following: 7. Internet publication of certain video recordings. . 9. Restrictions on sealed court filings (a) In general Chapter 111 of title 28, United States Code, as amended by section 5 of this Act, is amended by adding at the end the following: 1661. Restrictions on sealing judicial records (a) In general Unless otherwise provided by law, no court may seal any judicial record or any part of a judicial record unless— (1) the court finds that a compelling interest justifies abridging the right of public access to the judicial record or the part of the judicial record; (2) the findings and conclusions of the court are specific to each judicial record or each part of a judicial record; (3) the seal is narrowly tailored and lasts no longer than necessary; and (4) the public has been given notice and opportunity to challenge the seal. (b) Rules (1) In general Except as provided in paragraph (2), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 to ensure that disinterested members of the public have a simplified and inexpensive process to contest a motion to seal a judicial record, to appeal an order sealing a judicial record, and to request that a judicial record be unsealed. No local rule of procedure may be less protective of the right of public access to judicial records than the rules prescribed under this subsection. Such rules shall be prescribed and submitted to the Congress pursuant to sections. (2) Initial transmittal The Supreme Court of the United States shall transmit to Congress— (A) the proposed rules required under paragraph (1) not later than 1 year after the date of enactment of this section; and (B) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. (c) Rules of construction Nothing in this section may be construed to— (1) abolish, diminish, or infringe upon any right, responsibility, or remedy provided by the Constitution of the United States or any other law; (2) relieve a court of any part of the independent duty of the court to enforce the right of public access to judicial records; or (3) abrogate any rule of law that is more or additionally protective of the right of public access to judicial records. . (b) Technical and conforming amendment The table of sections for chapter 111 of title 28, United States Code, as amended by section 5 of this Act, is amended by adding at the end the following: 1661. Restrictions on sealing judicial records. . 10. Studies by the Federal Judicial Center (a) In general Not later than December 31, 2022, and every other year thereafter, the Federal Judicial Center shall conduct a study of the extent of compliance or noncompliance with the requirements of sections 144 and 455 of title 28, United States Code, as amended by section 3 of this Act. (b) Reports to Congress Not later than April 1 of each year following the completion of the study required under subsection (a)— (1) the Federal Judicial Center— (A) shall submit to Congress a report containing the findings of the study; and (B) may submit to Congress recommendations to improve the compliance by the Federal judiciary with the requirements of sections 144 and 455 of title 28, United States Code, as amended by section 3 of this Act; and (2) the Comptroller General of the United States shall submit to Congress a report containing an evaluation of the methodology and findings of the study. (c) Facilitation of studies In order to facilitate the studies required under subsection (a)— (1) the Judicial Conference of the United States shall maintain a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge was not assigned to a case due to potential or actual conflicts indicated on a conflicts sheet; and (2) the clerk of each court shall maintain and include in the relevant case docket a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge disqualifies after a case assignment is made. | https://www.govinfo.gov/content/pkg/BILLS-117s4010is/xml/BILLS-117s4010is.xml |
117-s-4011 | II 117th CONGRESS 2d Session S. 4011 IN THE SENATE OF THE UNITED STATES April 6, 2022 Mr. Warnock introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for a cap on beneficiary liability under part D of the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Capping Drug Costs for Seniors Act of 2022 . 2. Medicare part D benefit redesign (a) Benefit structure redesign Section 1860D–2(b) of the Social Security Act ( 42 U.S.C. 1395w–102(b) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), in the matter preceding clause (i), by inserting for a year preceding 2025 and for costs above the annual deductible specified in paragraph (1) and up to the annual out-of-pocket threshold specified in paragraph (4)(B) for 2025 and each subsequent year after paragraph (3) ; (B) in subparagraph (C)— (i) in clause (i), in the matter preceding subclause (I), by inserting for a year preceding 2025, after paragraph (4), ; and (ii) in clause (ii)(III), by striking 2020 and each subsequent year and inserting each of years 2020 through 2024, ; and (C) in subparagraph (D)— (i) in clause (i)— (I) in the matter preceding subclause (I), by inserting for a year preceding 2025, after paragraph (4), ; and (II) in subclause (I)(bb), by striking a year after 2018 and inserting each of years 2018 through 2024 ; and (ii) in clause (ii)(V), by striking 2019 and each subsequent year and inserting each of years 2019 through 2024 ; (2) in paragraph (3)(A)— (A) in the matter preceding clause (i), by inserting for a year preceding 2025, after and (4), ; and (B) in clause (ii), by striking for a subsequent year and inserting for each of years 2007 through 2024 ; and (3) in paragraph (4)— (A) in subparagraph (A)— (i) in clause (i)— (I) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and moving the margin of each such redesignated item 2 ems to the right; (II) in the matter preceding item (aa), as redesignated by subclause (I), by striking is equal to the greater of— and inserting “is equal to— (I) for a year preceding 2025, the greater of— ; (III) by striking the period at the end of item (bb), as redesignated by subclause (I), and inserting ; and ; and (IV) by adding at the end the following: (II) for 2025 and each succeeding year, $0. ; and (ii) in clause (ii)— (I) by striking clause (i)(I) and inserting clause (i)(I)(aa) ; and (II) by adding at the end the following new sentence: The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2024 for purposes of section 1860D–14(a)(1)(D)(iii). ; (B) in subparagraph (B)— (i) in clause (i)— (I) in subclause (V), by striking or at the end; (II) in subclause (VI)— (aa) by striking for a subsequent year and inserting for each of years 2021 through 2024 ; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: (VII) for 2025, is equal to $2,000; or (VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved. ; and (ii) in clause (ii), by striking clause (i)(II) and inserting clause (i) ; (C) in subparagraph (C)(i), by striking and for amounts and inserting and, for a year preceding 2025, for amounts ; and (D) in subparagraph (E), by striking In applying and inserting For each of years 2011 through 2024, in applying . (b) Reinsurance payment amount Section 1860D–15(b)(1) of the Social Security Act ( 42 U.S.C. 1395w–115(b)(1) ) is amended— (1) by striking equal to 80 percent and inserting “equal to— (A) for a year preceding 2025, 80 percent ; (2) in subparagraph (A), as added by subparagraph (A), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (B) for 2025 and each subsequent year, the sum of— (i) with respect to applicable drugs (as defined in section 1860D–14B(g)(2)), an amount equal to 20 percent of such allowable reinsurance costs attributable to that portion of gross covered prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B); and (ii) with respect to covered part D drugs that are not applicable drugs (as so defined), an amount equal to 40 percent of such allowable reinsurance costs attributable to that portion of gross covered prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B). . (c) Manufacturer discount program (1) In general Part D of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–101 et seq. ) is amended by inserting after section 1860D–14A the following new section: 1860D–14B. Manufacturer discount program (a) Establishment The Secretary shall establish a manufacturer discount program (in this section referred to as the program ). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). (b) Terms of agreement (1) In general (A) Agreement An agreement under this section shall require the manufacturer to provide, in accordance with this section, access to discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after January 1, 2025. (B) Clarification Nothing in this section shall be construed as affecting— (i) the application of a coinsurance of 25 percent of the negotiated price, as applied under paragraph (2)(A) of section 1860D–2(b), for costs described in such paragraph; or (ii) the application of the copayment amount described in paragraph (4)(A) of such section, with respect to costs described in such paragraph. (C) Timing of agreement (i) Special rule for 2025 In order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on January 1, 2025, and ending on December 31, 2025, the manufacturer shall enter into such agreement not later than March 1, 2024. (ii) 2026 and subsequent years In order for an agreement with a manufacturer to be in effect under this section with respect to plan year 2026 or a subsequent plan year, the manufacturer shall enter into such agreement (or such agreement shall be renewed under paragraph (4)(A)) not later than a calendar quarter or semi-annual deadline established by the Secretary. (2) Provision of appropriate data Each manufacturer with an agreement in effect under this section shall collect and have available appropriate data, as determined by the Secretary, to ensure that it can demonstrate to the Secretary compliance with the requirements under the program. (3) Compliance with requirements for administration of program Each manufacturer with an agreement in effect under this section shall comply with requirements imposed by the Secretary for purposes of administering the program, including any determination under subparagraph (A) of subsection (c)(1) or procedures established under such subsection (c)(1). (4) Length of agreement (A) In general An agreement under this section shall be effective for an initial period of not less than 12 months and shall be automatically renewed for a period of not less than 1 year unless terminated under subparagraph (B). (B) Termination (i) By the Secretary The Secretary may provide for termination of an agreement under this section for a knowing and willful violation of the requirements of the agreement or other good cause shown. Such termination shall not be effective earlier than 30 days after the date of notice to the manufacturer of such termination. The Secretary shall provide, upon request, a manufacturer with a hearing concerning such a termination, and such hearing shall take place prior to the effective date of the termination with sufficient time for such effective date to be repealed if the Secretary determines appropriate. (ii) By a manufacturer A manufacturer may terminate an agreement under this section for any reason. Any such termination shall be effective, with respect to a plan year— (I) if the termination occurs before January 31 of a plan year, as of the day after the end of the plan year; and (II) if the termination occurs on or after January 31 of a plan year, as of the day after the end of the succeeding plan year. (iii) Effectiveness of termination Any termination under this subparagraph shall not affect discounts for applicable drugs of the manufacturer that are due under the agreement before the effective date of its termination. (c) Duties described The duties described in this subsection are the following: (1) Administration of program Administering the program, including— (A) the determination of the amount of the discounted price of an applicable drug of a manufacturer; (B) the establishment of procedures to ensure that, not later than the applicable number of calendar days after the dispensing of an applicable drug by a pharmacy or mail order service, the pharmacy or mail order service is reimbursed for an amount equal to the difference between— (i) the negotiated price of the applicable drug; and (ii) the discounted price of the applicable drug; (C) the establishment of procedures to ensure that the discounted price for an applicable drug under this section is applied before any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of applicable beneficiaries as the Secretary may specify; and (D) providing a reasonable dispute resolution mechanism to resolve disagreements between manufacturers and applicable beneficiaries. (2) Monitoring compliance The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section. (3) Collection of data from prescription drug plans and MA–PD plans The Secretary may collect appropriate data from prescription drug plans and MA–PD plans in a timeframe that allows for discounted prices to be provided for applicable drugs under this section. (d) Administration (1) In general Subject to paragraph (2), the Secretary shall provide for the implementation of this section, including the performance of the duties described in subsection (c). (2) Limitation In providing for the implementation of this section, the Secretary shall not receive or distribute any funds of a manufacturer under the program. (3) Implementation The Secretary may implement the program under this section by program instruction or otherwise. (4) Administration Chapter 35 of title 44, United States Code, shall not apply to the program under this section. (e) Enforcement (1) Audits Each manufacturer with an agreement in effect under this section shall be subject to periodic audit by the Secretary. (2) Civil money penalty (A) In general The Secretary may impose a civil money penalty on a manufacturer that fails to provide discounts for applicable drugs of the manufacturer dispensed to applicable beneficiaries in accordance with such agreement for each such failure in an amount the Secretary determines is equal to the sum of— (i) the amount that the manufacturer would have paid with respect to such discounts under the agreement, which will then be used to pay the discounts which the manufacturer had failed to provide; and (ii) 25 percent of such amount. (B) Application The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (f) Clarification regarding availability of other covered part D drugs Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not an applicable drug (including a generic drug or a drug that is not on the formulary of the prescription drug plan or MA–PD plan that the applicable beneficiary is enrolled in). (g) Definitions In this section: (1) Applicable beneficiary The term applicable beneficiary means an individual who, on the date of dispensing a covered part D drug— (A) is enrolled in a prescription drug plan or an MA–PD plan; (B) is not enrolled in a qualified retiree prescription drug plan; and (C) has incurred costs, as determined in accordance with section 1860D–2(b)(4)(C), for covered part D drugs in the year that exceed the annual deductible for such year, as specified in section 1860D–2(b)(1). (2) Applicable drug The term applicable drug , with respect to an applicable beneficiary, means a covered part D drug— (A) approved under a new drug application under section 505(c) of the Federal Food, Drug, and Cosmetic Act or, in the case of a biologic product, licensed under section 351 of the Public Health Service Act; and (B) (i) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA–PD plan uses a formulary, which is on the formulary of the prescription drug plan or MA–PD plan that the applicable beneficiary is enrolled in; (ii) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA–PD plan does not use a formulary, for which benefits are available under the prescription drug plan or MA–PD plan that the applicable beneficiary is enrolled in; or (iii) is provided through an exception or appeal. (3) Applicable number of calendar days The term applicable number of calendar days means— (A) with respect to claims for reimbursement submitted electronically, 14 days; and (B) with respect to claims for reimbursement submitted otherwise, 30 days. (4) Discounted price (A) In general The term discounted price means, with respect to an applicable drug of a manufacturer dispensed during a year to an applicable beneficiary— (i) who has not incurred costs, as determined in accordance with section 1860D–2(b)(4)(C), for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B)(i) for the year, 90 percent of the negotiated price of such drug; and (ii) who has incurred such costs, as so determined, in the year that are equal to or exceed such threshold for the year, 80 percent of the negotiated price of such drug. (B) Clarification Nothing in this section shall be construed as affecting the responsibility of an applicable beneficiary for payment of a dispensing fee for an applicable drug. (C) Special case for certain claims (i) Claims spanning deductible In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall above the annual deductible specified in section 1860D–2(b)(1) for the year, the manufacturer of the applicable drug shall provide the discounted price under this section on only the portion of the negotiated price of the applicable drug that falls above such annual deductible. (ii) Claims spanning out-of-pocket threshold In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall entirely below or entirely above the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B)(i) for the year, the manufacturer of the applicable drug shall provide the discounted price— (I) in accordance with subparagraph (A)(i) on the portion of the negotiated price of the applicable drug that falls below such threshold; and (II) in accordance with subparagraph (A)(ii) on the portion of such price of such drug that falls at or above such threshold. (5) Manufacturer The term manufacturer means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. (6) Negotiated price The term negotiated price has the meaning given such term for purposes of section 1860D–2(d)(1)(B), except that such negotiated price shall not include any dispensing fee for the applicable drug. (7) Qualified retiree prescription drug plan The term qualified retiree prescription drug plan has the meaning given such term in section 1860D–22(a)(2). . (2) Sunset of Medicare coverage gap discount program Section 1860D–14A of the Social Security Act ( 42 U.S.C. 1395–114a ) is amended— (A) in subsection (a), in the first sentence, by striking The Secretary and inserting Subject to subsection (h), the Secretary ; and (B) by adding at the end the following new subsection: (h) Sunset of program (1) In general The program shall not apply with respect to applicable drugs dispensed on or after January 1, 2025, and, subject to paragraph (2), agreements under this section shall be terminated as of such date. (2) Continued application for applicable drugs dispensed prior to sunset The provisions of this section (including all responsibilities and duties) shall continue to apply after January 1, 2025, with respect to applicable drugs dispensed prior to such date. . (3) Inclusion of actuarial value of manufacturer discounts in bids Section 1860D–11 of the Social Security Act ( 42 U.S.C. 1395w–111 ) is amended— (A) in subsection (b)(2)(C)(iii)— (i) by striking assumptions regarding the reinsurance an inserting “assumptions regarding— (I) the reinsurance ; and (ii) by adding at the end the following: (II) for 2025 and each subsequent year, the manufacturer discounts provided under section 1860D–14B subtracted from the actuarial value to produce such bid; and ; and (B) in subsection (c)(1)(C)— (i) by striking an actuarial valuation of the reinsurance and inserting “an actuarial valuation of— (i) the reinsurance ; (ii) in clause (i), as inserted by clause (i) of this subparagraph, by adding and at the end; and (iii) by adding at the end the following: (ii) for 2025 and each subsequent year, the manufacturer discounts provided under section 1860D–14B; . (d) Conforming amendments (1) Section 1860D–2 of the Social Security Act ( 42 U.S.C. 1395w–102 ) is amended— (A) in subsection (a)(2)(A)(i)(I), by striking , or an increase in the initial and inserting or, for a year preceding 2025, an increase in the initial ; (B) in subsection (c)(1)(C)— (i) in the subparagraph heading, by striking at initial coverage limit ; and (ii) by inserting for a year preceding 2025 or the annual out-of-pocket threshold specified in subsection (b)(4)(B) for the year for 2025 and each subsequent year after subsection (b)(3) for the year each place it appears; and (C) in subsection (d)(1)(A), by striking or an initial and inserting or, for a year preceding 2025, an initial . (2) Section 1860D–4(a)(4)(B)(i) of the Social Security Act ( 42 U.S.C. 1395w–104(a)(4)(B)(i) ) is amended by striking the initial and inserting for a year preceding 2025, the initial . (3) Section 1860D–14(a) of the Social Security Act ( 42 U.S.C. 1395w–114(a) ) is amended— (A) in paragraph (1)— (i) in subparagraph (C), by striking The continuation and inserting For a year preceding 2025, the continuation ; (ii) in subparagraph (D)(iii), by striking 1860D–2(b)(4)(A)(i)(I) and inserting 1860D–2(b)(4)(A)(i)(I)(aa) ; and (iii) in subparagraph (E), by striking The elimination and inserting For a year preceding 2025, the elimination ; and (B) in paragraph (2)— (i) in subparagraph (C), by striking The continuation and inserting For a year preceding 2025, the continuation ; and (ii) in subparagraph (E), by striking 1860D–2(b)(4)(A)(i)(I) and inserting 1860D–2(b)(4)(A)(i)(I)(aa) (for a year preceding 2025) . (4) Section 1860D–21(d)(7) of the Social Security Act ( 42 U.S.C. 1395w–131(d)(7) ) is amended by striking section 1860D–2(b)(4)(B)(i) and inserting section 1860D–2(b)(4)(C)(i) . (5) Section 1860D–22(a)(2)(A) of the Social Security Act ( 42 U.S.C. 1395w–132(a)(2)(A) ) is amended— (A) by striking the value of any discount and inserting the following: the value of— (i) for years prior to 2025, any discount ; (B) in clause (i), as inserted by subparagraph (A) of this paragraph, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (ii) for 2025 and each subsequent year, any discount provided pursuant to section 1860D–14B. . (6) Section 1860D–41(a)(6) of the Social Security Act ( 42 U.S.C. 1395w–151(a)(6) ) is amended— (A) by inserting for a year before 2025 after 1860D–2(b)(3) ; and (B) by inserting for such year before the period. (7) Section 1860D–43 of the Social Security Act ( 42 U.S.C. 1395w–153 ) is amended— (A) in subsection (a)— (i) by striking paragraph (1) and inserting the following: (1) participate in— (A) for 2011 through 2024, the Medicare coverage gap discount program under section 1860D–14A; and (B) for 2025 and each subsequent year, the manufacturer discount program under section 1860D–14B; ; (ii) by striking paragraph (2) and inserting the following: (2) have entered into and have in effect— (A) for 2011 through 2024, an agreement described in subsection (b) of section 1860D–14A with the Secretary; and (B) for 2025 and each subsequent year, an agreement described in subsection (b) of section 1860D–14B with the Secretary; and ; and (iii) in paragraph (3), by striking such section and inserting section 1860D–14A ; and (B) by striking subsection (b) and inserting the following: (b) Effective date Paragraphs (1)(A), (2)(A), and (3) of subsection (a) shall apply to covered part D drugs dispensed under this part on or after January 1, 2011, and before January 1, 2025, and paragraphs (1)(B) and (2)(B) of such subsection shall apply to covered part D drugs dispensed under this part on or after January 1, 2025. . (8) Section 1927 of the Social Security Act ( 42 U.S.C. 1396r–8 ) is amended— (A) in subsection (c)(1)(C)(i)(VI), by inserting before the period at the end the following: or under the manufacturer discount program under section 1860D–14B ; and (B) in subsection (k)(1)(B)(i)(V), by inserting before the period at the end the following: or under section 1860D–14B . (e) Effective date The amendments made by this section shall apply with respect to plan year 2025 and subsequent plan years. | https://www.govinfo.gov/content/pkg/BILLS-117s4011is/xml/BILLS-117s4011is.xml |
117-s-4012 | II 117th CONGRESS 2d Session S. 4012 IN THE SENATE OF THE UNITED STATES April 6, 2022 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the depreciation of nonresidential real property and residential rental property.
1. Short title This Act may be cited as the Renewing Investment in American Workers and Supply Chains Act . 2. Modification of depreciation of nonresidential real property and residential rental property (a) 20-Year recovery period (1) In general Section 168(e)(3)(F) of the Internal Revenue Code of 1986 is amended to read as follows: (F) 20-year property The term 20-year property means— (i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, (ii) any nonresidential real property, and (iii) any residential rental property. . (2) Bonus depreciation not applicable Section 168(k)(2)(A)(i)(I) of such Code is amended by inserting (other than nonresidential real property and residential rental property) before the comma at the end. (3) Conforming amendment The table contained in section 168(c) of such Code is amended— (A) by striking the row relating to residential rental property, and (B) by striking the row relating to nonresidential real property. (b) Adjustment of deduction To provide neutral cost recovery Section 168 of such Code is amended by adding at the end the following new subsection: (n) Neutral cost recovery for nonresidential real property and residential rental property (1) In general The deduction otherwise provided under section 167(a) with respect to nonresidential real property and residential rental property for any taxable year shall be equal to the product of such amount (determined without regard to this subsection) multiplied by the applicable neutral cost recovery ratio with respect to such property for such taxable year. (2) Neutral cost recovery ratio For purposes of paragraph (1), the term applicable neutral cost recovery ratio means, with respect to any property for any taxable year, the product (not less than 1 and rounded to the nearest 0.001) of— (A) the quotient of— (i) the gross domestic product deflator (as determined by the Bureau of Economic Analysis) for the calendar quarter ending in such taxable year which corresponds to the calendar quarter during which such property was placed in service by the taxpayer, divided by (ii) the gross domestic product deflator (as determined by the Bureau of Economic Analysis) for the calendar quarter during which such property was placed in service by the taxpayer, multiplied by (B) 1.03 to the nth power, where n is the number of full years in the period beginning on the 1st day of the calendar quarter during which such property was placed in service by the taxpayer and ending on the day before the beginning of the corresponding calendar quarter ending during such taxable year. (3) Application to property placed in service before date of enactment In the case of nonresidential real property or residential rental property which is placed in service before the date of enactment of this subsection, subparagraphs (A)(i), (A)(ii), and (B) of paragraph (2) shall each be applied by substituting calendar quarter which includes the date of enactment of this subsection for calendar quarter during which such property was placed in service by the taxpayer . (4) Additional deduction not to affect basis or recapture (A) In general The additional amount determined under this section by reason of this subsection shall not be taken into account in determining the adjusted basis of any applicable property or of any interest in a pass-thru entity which holds such property and shall not be treated as a deduction for depreciation for purposes of sections 1245 and 1250. (B) Pass-thru entity defined For purposes of subparagraph (A), the term pass-thru entity means— (i) a regulated investment company, (ii) a real estate investment trust, (iii) an S corporation, (iv) a partnership, (v) an estate or trust, and (vi) a common trust fund. . (c) Effective dates (1) 20-year recovery period The amendments made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date. (2) Neutral cost recovery The amendments made by subsection (b) shall apply to taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4012is/xml/BILLS-117s4012is.xml |
117-s-4013 | II 117th CONGRESS 2d Session S. 4013 IN THE SENATE OF THE UNITED STATES April 6, 2022 Mr. Sanders (for himself, Mr. Padilla , Mr. Booker , Ms. Warren , Mr. Markey , Mr. Murphy , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To promote United States energy security and independence by bolstering renewable energy supply chains in the United States, and for other purposes.
1. Short title This Act may be cited as the Energy Security and Independence Act of 2022 . 2. Definitions In this Act: (1) Covered energy-efficiency or renewable energy system or technology The term covered energy-efficiency or renewable energy system or technology means— (A) a renewable energy generation system; (B) a renewable energy storage system; (C) an energy-efficiency system (including a heat pump); (D) an energy-efficiency technology; (E) an electric transportation system; (F) a renewable energy technology; and (G) an energy storage technology utilizing energy generated from a renewable energy source. (2) Direct loan (A) In general The term direct loan means a disbursement of funds by the Federal Government to a non-Federal borrower under a contract that requires the repayment of those funds with or without interest. (B) Inclusion The term direct loan includes the purchase of, or participation in— (i) a loan made by another lender; or (ii) a financing arrangement that defers payment for more than 90 days, including the sale of a Government asset on credit terms. (3) Eligible entity The term eligible entity means a private entity, including a manufacturer, or a partnership of private entities. (4) Environmental justice community The term environmental justice community means a community with significant representation of 1 or more communities of color, low-income communities, or Tribal or indigenous communities that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects as compared to other communities. (5) Heat pump The term heat pump means a device that— (A) transfers heat from a colder area to a hotter area by using mechanical energy; and (B) is used to maintain a safe, comfortable, and affordable temperature in a building. (6) Public heat pump The term public heat pump means a heat pump that is owned or operated by— (A) a unit of Federal, State, or local government; or (B) a cooperatively owned utility. (7) Renewable energy The term renewable energy means energy generated from a renewable energy source. (8) Renewable energy source The term renewable energy source means wind, solar, tidal, wave, or geothermal energy. 3. Finding Congress finds that it is in the interests of the United States— (1) to have a viable domestic manufacturing supply chain for components of covered energy-efficiency and renewable energy systems and technologies; and (2) to reduce the reliance of United States manufacturers on components of covered energy-efficiency and renewable energy systems and technologies made in foreign countries. 4. Use of Defense Production Act of 1950 authorities to support domestic industrial base and manufacturing capabilities for renewable energy technologies (a) Renewable energy technologies as strategic and critical materials Section 106 of the Defense Production Act of 1950 ( 50 U.S.C. 4516 ) is amended— (1) by inserting (a) before For purposes ; and (2) by adding at the end the following: (b) The designation of energy as a strategic and critical material under subsection (a) includes the designation of covered energy-efficiency and renewable energy systems and technologies (as defined in section 2 of the Energy Security and Independence Act of 2022 ) as strategic and critical materials. . (b) Appropriation (1) In general In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $100,000,000,000 to the President to carry out subsection (c). (2) Availability of amounts Amounts appropriated under paragraph (1) shall remain available until September 30, 2032. (c) Support for domestic industrial base and manufacturing capabilities (1) In general The President shall use the authorities under titles I and III and section 708(c) of the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) to establish, maintain, protect, or restore the domestic industrial base and manufacturing capabilities for covered energy-efficiency and renewable energy systems and technologies, including by providing loan guarantees, loans, purchase agreements, and grants to manufacturing entities to expand the domestic productive capacity of those entities and repurpose equipment to meet the manufacturing demands of such systems and technologies. (2) Requirements In carrying out paragraph (1), the President shall— (A) identify the domestic industrial base needs to transform the United States domestic energy system into a 100-percent renewable energy system; (B) use the authorities under title I of the Defense Production Act ( 50 U.S.C. 4501 et seq. )— (i) to prioritize contracts and allocate materials, services, and facilities to achieve the goal described in subparagraph (A); and (ii) to allocate the strategic and critical materials described in section 106(b) of that Act, as added by subsection (a), in a manner that prioritizes— (I) environmental justice communities first; (II) publicly owned systems of renewable energy; (III) systems that reduce utility and energy costs in the United States; and (IV) Federal agencies whose buildings can be used as public sources of solar energy for environmental justice communities; and (C) take the actions described in subparagraph (B) in tandem with existing financial and technical assistance programs of the Department of Energy, the Department of Transportation, and such other agencies as the President considers appropriate; and (D) coordinate with the task force established under section 5. 5. Domestic renewable energy industrial base task force (a) In general The President shall establish a domestic renewable energy industrial base task force that includes— (1) manufacturers, engineers, scientists, and planning experts in the fields of— (A) equitable energy; and (B) energy democracy and transportation design; (2) environmental justice community leaders; (3) labor unions; (4) the Secretary of Energy, the Secretary of Transportation, and the Secretary of Labor; (5) staff of the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )); and (6) other relevant Federal, State, and local agencies. (b) Duties The task force established under subsection (a) shall develop a manufacturing and allocation plan— (1) to establish, maintain, protect, and restore a domestic industrial base and manufacturing capabilities for covered energy-efficiency and renewable energy systems and technologies; (2) to reach the goal of a 100 percent renewable energy system as soon as possible, using the best available science and technologies; (3) to prioritize distributed energy resources and storage to boost climate resilience and equity; (4) to make an equitable allocation of Federal renewable energy investments and assistance, in partnership with environmental justice communities and public entities; and (5) to ensure that the domestic industrial base of covered energy-efficiency and renewable energy systems and technologies creates and maintains high-quality jobs that are represented by labor organizations. (c) Appropriations In addition to amounts otherwise available, there is appropriated, out of any money in the Treasury not otherwise appropriated, $25,000,000 to the President to carry out this section for fiscal year 2022, to remain available until September 30, 2031. 6. Renewable energy generation system component manufacturing supply chain assistance (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Energy (referred to in this section as the Secretary ) shall establish a program (referred to in this section as the program ) to provide financial assistance, including grants, direct loans, and loan guarantees, to eligible entities to carry out projects— (1) to construct new facilities that manufacture components of covered energy-efficiency and renewable energy systems and technologies; and (2) to retool, retrofit, or expand existing facilities that manufacture, or have the ability to manufacture, components of covered energy-efficiency and renewable energy systems and technologies. (b) Application To be eligible to receive financial assistance under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Priority In providing financial assistance under the program, the Secretary shall give priority to projects that— (1) have the potential to benefit an environmental justice community, including by reducing the pollution and emissions within, and the utility costs of, such a community; (2) are strategically located near manufacturers of components of covered energy-efficiency and renewable energy systems and technologies to create a geographic concentration of those manufacturers in the manufacturing supply chain; (3) have potential to directly and indirectly create domestic jobs, including jobs for low-income communities, dislocated workers, and workers from groups that are underrepresented in the manufacturing industry, including formerly incarcerated workers; (4) will result in economic development or economic diversification in economically distressed regions or localities; and (5) do not expedite or fast track any applicable environmental review processes. (d) Direct loan conditions A direct loan made under the program shall— (1) bear interest at a rate that does not exceed a level that the Secretary determines to be appropriate; and (2) be subject to such other terms and conditions as the Secretary determines to be appropriate. (e) Cost sharing for grants Section 988(c) of the Energy Policy Act of 2005 ( 42 U.S.C. 16352(c) ) shall apply to a grant made under the program. (f) Conditions of receipt of financial assistance (1) Required agreement An eligible entity awarded financial assistance under the program shall enter into an agreement that specifies that, during the 5-year period immediately following the award of the financial assistance— (A) the eligible entity will not— (i) repurchase an equity security of the eligible entity or any parent company of the eligible entity that is listed on a national securities exchange, except to the extent required under a contractual obligation that is in effect as of the date of enactment of this Act; (ii) outsource or offshore jobs to a location outside of the United States; or (iii) abrogate existing collective bargaining agreements; and (B) the eligible entity will remain neutral in any union organizing effort. (2) Financial protection of Government (A) In general Financial assistance may not be awarded under the program to an eligible entity unless— (i) (I) the eligible entity has issued securities that are traded on a national securities exchange; and (II) the Secretary of the Treasury receives a warrant or equity interest in the eligible entity; or (ii) in the case of an eligible entity other than an eligible entity described in clause (i)(I), the Secretary of the Treasury receives, in the discretion of the Secretary of the Treasury— (I) a warrant or equity interest in the eligible entity; or (II) a senior debt instrument issued by the eligible entity. (B) Terms and conditions The terms and conditions of any warrant, equity interest, or senior debt instrument received under subparagraph (A)(ii) shall be set by the Secretary and shall meet the following requirements: (i) Purposes Such terms and conditions shall be designed to provide for reasonable participation by the Secretary, for the benefit of taxpayers, in— (I) equity appreciation in the case of a warrant or other equity interest; or (II) a reasonable interest rate premium, in the case of a debt instrument. (ii) Authority to sell, exercise, or surrender (I) In general For the primary benefit of taxpayers, the Secretary may sell, exercise, or surrender a warrant or any senior debt instrument received under this paragraph. (II) No voting The Secretary shall not exercise voting power with respect to any shares of common stock acquired under this paragraph. (iii) Sufficiency If the Secretary determines that an eligible entity cannot feasibly issue warrants or other equity interests as required by this paragraph, the Secretary may accept a senior debt instrument in an amount and on such terms as the Secretary determines appropriate. (g) Free, prior, and informed consent for Indigenous communities in the siting process The Secretary shall establish standards and procedural requirements to secure free, prior, and informed consent of Indian Tribes to the siting of projects carried out with financial assistance under the program that affect Indian land, water, livelihoods, and culture, including off-reservation treaty-reserved rights to hunting, fishing, gathering, and protection of, and access to, sacred sites. (h) Prohibition In carrying out the program, the Secretary may not provide financial assistance for projects that will source components of covered energy-efficiency and renewable energy systems and technologies from, or supply components of covered energy-efficiency and renewable energy systems and technologies to, entities that use forced labor (as defined in section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 )). (i) Study and report Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct, and submit to Congress a report describing the results of, a study on— (1) opportunities to convert fossil fuel infrastructure into renewable energy infrastructure; (2) gaps in the current United States manufacturing supply chains for covered energy-efficiency and renewable energy systems and technologies; and (3) benefits to the energy security of the United States of onshoring supply chains for covered energy-efficiency and renewable energy systems and technologies. (j) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000,000 for the period of fiscal years 2023 through 2032. 7. Weatherization assistance program Section 422 of the Energy Conservation and Production Act ( 42 U.S.C. 6872 ) is amended— (1) by striking the section designation and heading and all that follows through For the and inserting the following: 422. Appropriations For the ; and (2) in the matter preceding paragraph (1), by striking are authorized to be appropriated— and all that follows through the period at the end of paragraph (2) and inserting is appropriated, out of any funds in the Treasury not otherwise appropriated, $3,000,000,000 for each of fiscal years 2023 through 2032. . 8. Public heat pumps In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any funds in the Treasury not otherwise appropriated, $10,000,000,000 to the Secretary of Energy, acting through the Office of Energy Efficiency and Renewable Energy, to procure and install public heat pumps, to remain available until September 30, 2032. 9. Minimum labor standards (a) Definitions In this section: (1) Covered entity The term covered entity means an entity that directly or indirectly receives funds or assistance under a covered energy program, without regard to the form, amount, or type of Federal assistance provided. (2) Covered energy program The term covered energy program means— (A) a program authorized under this Act; or (B) the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861 et seq. ). (3) Project labor agreement The term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that— (A) establishes the terms and conditions of employment for a specific construction project; and (B) is an agreement described in section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) ). (b) Labor standard requirements Notwithstanding any other provision of law, a covered entity shall comply with the labor standards under this section. (c) Prevailing wages A covered entity shall ensure the following: (1) Laborers and mechanics Any laborer or mechanic employed by the covered entity, or any contractor or subcontractor in the performance of work funded or assisted, in whole or in part, under a covered energy program, shall be paid wages at rates not less than those prevailing on work of a similar character in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (2) Other workers All individuals employed by the covered entity, or any contractor or subcontractor using funds or other assistance provided under a covered energy program, in the manufacture or furnishing of materials, supplies, articles, or equipment shall be paid wages at rates not less than employees performing similar work or in the particular or similar industries or groups of industries currently operating in the locality in which the materials, supplies, articles, or equipment are to be manufactured or furnished, as determined by the Secretary of Labor in accordance with sections 6501 through 6511 of title 41, United States Code (commonly known as the Public Contracts Act ). (d) Labor-Management cooperation (1) Definitions In this subsection: (A) NLRA definitions The terms employee , employer , and labor organization have the meanings given the terms in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ). (B) Board The term Board means the National Labor Relations Board. (2) In general Notwithstanding any contrary provision of law, including the National Labor Relations Act ( 29 U.S.C. 151 et seq. ), paragraphs (3) through (8) shall apply with respect to any covered entity that is an employer and any labor organization who represents or seeks to represent employees of such covered entity. (3) Labor peace Any employer that is a covered entity shall recognize for purposes of collective bargaining a labor organization that demonstrates that a majority of the employees in a unit appropriate for bargaining who perform or will perform work funded or assisted, in whole or in part, by a covered energy program have signed valid authorizations designating the labor organization as their bargaining representative and that no other labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit pursuant to the National Labor Relations Act ( 29 U.S.C. 151 et seq. ). Upon such showing of majority status, the employer shall notify the labor organization and the Board that the employer has determined that the labor organization represents a majority of the employees and that the employer is recognizing the labor organization as the exclusive representative of the employees for the purposes of collective bargaining pursuant to section 9 of such Act ( 29 U.S.C. 159 ). (4) Certification Should a dispute over majority status or the appropriateness of the unit arise between the employer and the labor organization, either party may request that the Board investigate and resolve the dispute. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the labor organization as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the labor organization as the representative described in section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ). (5) Commencement of bargaining Not later than 10 days after receiving a written request for collective bargaining from a recognized or certified labor organization, or within such period as the parties agree upon, the labor organization and employer shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. (6) Mediation If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. (7) Arbitration If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (6), or such additional period as the parties may agree upon, the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service, with one member selected by the labor organization, one member selected by the employer, and one neutral member mutually agreed to by the parties. The labor organization and employer must each select the members of the tripartite arbitration panel within 14 days of the Service's referral; if the labor organization or employer fail to do so, the Service shall designate any members not selected by the labor organization or the employer. A majority of the tripartite arbitration panel shall render a decision settling the dispute as soon as practicable and not later than within 120 days of the selection of all members of the panel, absent extraordinary circumstances or by agreement or permission of the parties, and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on— (A) the employer's financial status and prospects; (B) the size and type of the employer's operations and business; (C) the employees' cost of living; (D) the employees' ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and (E) the wages and benefits other employers in the same business provide their employees. (8) Contractors and subcontractors Any employer that is a covered entity shall require any contractor or subcontractor whose employees perform or will perform work funded or assisted, in whole or in part, by a covered energy program to comply with the requirements set forth in paragraphs (2) through (7). (e) Project labor agreement A covered entity performing any construction project funded or assisted, in whole or in part, by a covered energy program shall be a party to, or, as applicable, require contractors and subcontractors in the performance of such project to be a party to, a project labor agreement. (f) Limits on background checks A covered entity, and each contractor and subcontractor in the performance of any work funded or assisted, in whole or in part, by a covered energy program, shall not request or otherwise consider the criminal history of an applicant for employment before extending a conditional offer to the applicant, unless— (1) a background check is otherwise required by law; (2) the position is for a Federal law enforcement officer (as defined in section 115(c) of title 18, United States Code) position; or (3) the Secretary of Labor, in consultation with the Secretary of Energy, certifies that precluding criminal history prior to the conditional offer would pose a threat to national security. (g) Employee status A covered entity, and each contractor and subcontractor of the covered entity in the performance of any project funded or assisted, in whole or in part, by a covered energy program, shall consider an individual performing any service in such performance as an employee (and not an independent contractor) of the covered entity, contractor, or subcontractor, respectively, unless— (1) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; (2) the service is performed outside the usual course of the business of the covered entity, contractor, or subcontractor, respectively; and (3) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. 10. Equitable allocation of funds The President and the Secretary of Energy shall each ensure that of the total amount of Federal support and assistance provided under this Act by the President and the Secretary of Energy, respectively, not less than 40 percent shall be invested in environmental justice communities. | https://www.govinfo.gov/content/pkg/BILLS-117s4013is/xml/BILLS-117s4013is.xml |
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