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117-s-4814 | II 117th CONGRESS 2d Session S. 4814 IN THE SENATE OF THE UNITED STATES September 12, 2022 Mr. Hickenlooper (for himself, Ms. Lummis , Ms. Cantwell , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a demonstration program for the active remediation of orbital debris and to require the development of uniform orbital debris standard practices in order to support a safe and sustainable orbital environment, and for other purposes.
1. Short title This Act may be cited as the Orbital Sustainability Act of 2022 or the ORBITS Act of 2022 . 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) The safety and sustainability of operations in low-Earth orbit and nearby orbits in outer space have become increasingly endangered by a growing amount of orbital debris. (2) Exploration and scientific research missions and commercial space services of critical importance to the United States rely on continued and secure access to outer space. (3) Efforts by nongovernmental space entities to apply lessons learned through standards and best practices will benefit from government support for implementation both domestically and internationally. (b) Sense of Congress It is the sense of Congress that to preserve the sustainability of operations in space, the United States Government should— (1) to the extent practicable, develop and carry out programs, establish or update regulations, and commence initiatives to minimize orbital debris, including initiatives to demonstrate active debris remediation of orbital debris generated by the United States Government; (2) lead international efforts to encourage other spacefaring countries to mitigate and remediate orbital debris under their jurisdiction and control; and (3) encourage space system operators to continue implementing best practices for space safety when deploying satellites and constellations of satellites, such as transparent data sharing and designing for system reliability, so as to limit the generation of future orbital debris. 3. Definitions In this Act: (1) Active debris remediation The term active debris remediation — (A) means the deliberate process of facilitating the de-orbit, repurposing, or other disposal of orbital debris using an object or technique that is external or internal to the orbital debris; and (B) does not include de-orbit, repurposing, or other disposal of orbital debris by passive means. (2) Administrator The term Administrator means the Administrator of the National Aeronautics and Space Administration. (3) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Appropriations and the Committee on Science, Space, and Technology of the House of Representatives. (4) Demonstration program The term demonstration program means the active orbital debris remediation demonstration program carried out under section 4(b). (5) Eligible entity The term eligible entity means— (A) a United States-based— (i) non-Federal, commercial entity; (ii) institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); or (iii) nonprofit organization; (B) any other United States-based entity the Administrator considers appropriate; and (C) a partnership of entities described in subparagraphs (A) and (B). (6) Orbital debris The term orbital debris means any human-made space object orbiting Earth that— (A) no longer serves any useful purpose; and (B) (i) has reached the end of its mission; or (ii) is incapable of maneuver or operation. (7) Secretary The term Secretary means the Secretary of Commerce. (8) Space traffic coordination The term space traffic coordination means the planning, coordination, and on-orbit synchronization of activities to enhance the safety and sustainability of operations in the space environment. 4. Active debris remediation (a) Prioritization of orbital debris (1) List Not later than 90 days after the date of the enactment of this Act, the Administrator, in consultation with the Secretary, the Secretary of Defense, the National Space Council, and representatives of the commercial space industry, academia, and nonprofit organizations, shall publish a list of identified orbital debris that pose the greatest immediate risk to the safety and sustainability of orbiting satellites and on-orbit activities. (2) Contents The list required under paragraph (1)— (A) shall be developed using appropriate sources of data and information derived from governmental and nongovernmental sources, including space situational awareness data obtained by the Office of Space Commerce, to the extent practicable; (B) shall include, to the extent practicable— (i) a description of the approximate age, location in orbit, size, tumbling state, post-mission passivation actions taken, and national jurisdiction of each orbital debris identified; and (ii) a ranking of each orbital debris identified in terms of potential risk and feasibility for safe remediation; and (C) may include orbital debris that poses a significant risk to terrestrial people and assets, including risk resulting from potential environmental impacts from the uncontrolled reentry of the orbital debris identified. (3) Form; public availability The list required under paragraph (1) shall be— (A) published in unclassified form; (B) made available to the public on the internet website of the National Aeronautics and Space Administration; and (C) updated periodically. (4) Research and development With respect to orbital debris identified under paragraph (1) that is determined by the Administrator, in consultation with the National Space Council and the National Science and Technology Council, to be ineligible for remediation due to characteristics, size, or location in orbit that makes safe remediation infeasible, the Administrator shall, to the extent practicable, carry out the additional research and development activities necessary, in consultation with the commercial space industry, to mature technologies and enable potential future remediation missions for such orbital debris. (b) Active orbital debris remediation demonstration program (1) Establishment Subject to the availability of appropriations, not later than 180 days after the date of the enactment of this Act, the Administrator, in consultation with the head of each relevant Federal department or agency, shall establish a demonstration program to make competitive awards for the remediation of orbital debris identified under subsection (a)(1). (2) Purpose The purpose of the demonstration program shall be to enable eligible entities to pursue the phased development and demonstration of technologies and processes required for active debris remediation. (3) Procedures and criteria In establishing the demonstration program, the Administrator shall— (A) establish— (i) eligibility criteria for participation; (ii) a process for soliciting proposals from eligible entities; (iii) criteria for the contents of such proposals; (iv) program compliance and evaluation metrics; and (v) program phases and milestones; (B) identify government-furnished data or equipment; and (C) develop a plan for National Aeronautics and Space Administration participation in technology development, as appropriate, and intellectual property rights. (4) Proposal evaluation In evaluating proposals for the demonstration program, the Administrator shall— (A) consider the safety, feasibility, cost, benefit, and maturity of the proposed technology; (B) consider the potential for the proposed demonstration to successfully remediate orbital debris and to advance the commercial state of the art with respect to active debris remediation; (C) carry out a risk analysis of the proposed technology that takes into consideration the potential casualty risk to humans in space or on the Earth’s surface; (D) in an appropriate setting, conduct thorough testing and evaluation of the proposed technology and each component of such technology or system of technologies; and (E) consider the technical and financial feasibility of using the proposed technology to conduct multiple remediation missions. (5) Demonstration mission (A) In general The Administrator shall consult with the head of each relevant Federal department or agency in advance of each demonstration mission. (B) Active debris remediation demonstration mission It is the sense of Congress that the Administrator should consider not proceeding with an active debris remediation demonstration mission until multiple award recipients have demonstrated readiness to proceed. (C) Spectrum considerations The Administrator shall convey any potential spectrum allocations and licensing needs for active debris remediation demonstration missions to the Federal Communications Commission through the National Telecommunications and Information Administration. (6) Reports (A) Recommendations Not later than 1 year after the date of the enactment of this Act, the Administrator, in consultation with the head of each relevant Federal department or agency, shall submit to Congress a report that provides legislative, regulatory, and policy recommendations to improve the demonstration program and active debris remediation missions, as applicable. (B) Technical analysis (i) In general To inform decisions regarding the acquisition of active debris remediation services by the Federal Government, not later than 180 days after the completion of the demonstration program, the Administrator shall submit to Congress a report that— (I) summarizes a technical analysis of technologies developed under the demonstration program; (II) identifies any technology gaps addressed by the demonstration program and any remaining technology gaps; and (III) provides, as applicable, any further legislative, regulatory, and policy recommendations to enable active debris remediation missions. (ii) Availability The Administration shall make the report submitted under clause (i) available to the Secretary, the Secretary of Defense, and other relevant Federal departments and agencies, as determined by the Administrator. (7) International cooperation (A) In general In carrying out the demonstration program, the Administrator, in consultation with the National Space Council and in collaboration with the Secretary of State, may pursue a cooperative relationship with one or more partner countries to enable the remediation of orbital debris identified under subsection (a)(1) that is under the jurisdiction of such partner countries. (B) Arrangement or agreement with partner country Any arrangement or agreement entered into with a partner country under subparagraph (A) shall be— (i) concluded— (I) in the interests of the United States Government; and (II) without prejudice to any contractual arrangement among commercial parties that may be required to complete the active debris remediation mission concerned; and (ii) consistent with the international obligations of the United States under the international legal framework governing outer space activities. (c) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $150,000,000 for fiscal years 2023 through 2027. 5. Active debris remediation services (a) In general To foster the competitive development, operation, improvement, and commercial availability of active debris remediation services, and in consideration of the economic analysis required by subsection (b) and the reports under section 4(b)(6), the Administrator and the head of each relevant Federal department or agency may acquire services for the remediation of orbital debris, whenever practicable, through fair and open competition for contracts that are well-defined, milestone-based, and in accordance with the Federal Acquisition Regulation. (b) Economic analysis Based on the results of the demonstration program, the Secretary, acting through the Office of Space Commerce, shall publish an assessment of the estimated Federal Government and private sector demand for orbital debris remediation services for the 10-year period beginning in 2024. 6. Uniform orbital debris standard practices for United States space activities (a) In general Not later than 90 days after the date of the enactment of this Act, the National Space Council, in coordination with the Secretary, the Administrator of the Federal Aviation Administration, the Secretary of Defense, the Federal Communications Commission, and the Administrator, shall initiate an update to the Orbital Debris Mitigation Standard Practices that— (1) considers planned space systems, including satellite constellations; and (2) addresses— (A) collision risk; (B) casualty probability; (C) post-mission disposal of space systems; (D) time to disposal or de-orbit; (E) spacecraft collision avoidance and automated identification capability; and (F) the ability to track orbital debris of decreasing size. (b) Consultation In developing the update under subsection (a), the National Space Council shall seek advice and input on commercial standards and best practices from representatives of the commercial space industry, academia, and nonprofit organizations. (c) Publication Not later than 1 year after the date of the enactment of this Act, such update shall be published in the Federal Register and posted to the relevant Federal Government websites. (d) Regulations To promote uniformity and avoid duplication in the regulation of space activity, including licensing by the Federal Aviation Administration, the National Oceanic and Atmospheric Administration, and the Federal Communications Commission, such update, after publication, shall be used to inform the further development and promulgation of Federal regulations relating to orbital debris. (e) International promotion To encourage effective and nondiscriminatory standards, best practices, rules, and regulations implemented by other countries, such update shall inform bilateral and multilateral discussions focused on the authorization and continuing supervision of nongovernmental space activities. (f) Review Not later than 5 years after the completion of such update, and every 5 years thereafter, the Secretary, in consultation with representatives of the commercial space industry, academia, and nonprofit organizations, shall— (1) conduct a review of the Orbital Debris Mitigation Standard Practices applicable to space systems; and (2) submit to the National Space Council recommendations for modifications to such standard practices. 7. Standard practices for space traffic coordination (a) In general The Secretary, in coordination with members of the National Space Council and the Federal Communications Commission, shall facilitate the development of standard practices for on-orbit space traffic coordination based on guidelines and best practices used by Government and commercial space industry operators. (b) Consultation In facilitating the development of standard practices under subsection (a), the Secretary, through the Office of Space Commerce, shall engage in frequent and routine consultation with representatives of the commercial space industry, academia, and nonprofit organizations. (c) Promotion of standard practices On completion of such standard practices, the Secretary, the Secretary of State, the Secretary of Transportation, the Administrator, and the Secretary of Defense shall promote the adoption and use of the standard practices for domestic and international space missions. | https://www.govinfo.gov/content/pkg/BILLS-117s4814is/xml/BILLS-117s4814is.xml |
117-s-4815 | II 117th CONGRESS 2d Session S. 4815 IN THE SENATE OF THE UNITED STATES September 12, 2022 Mrs. Capito (for herself, Mr. McConnell , Mr. Thune , Mr. Grassley , Mr. Cramer , Mr. Inhofe , Mrs. Hyde-Smith , Mr. Cassidy , Mr. Hagerty , Mr. Risch , Mrs. Fischer , Mr. Johnson , Mr. Braun , Mr. Graham , Mr. Blunt , Mr. Barrasso , Mr. Sasse , Mr. Tillis , Mr. Toomey , Mr. Rounds , Ms. Ernst , Mr. Wicker , Ms. Lummis , Mr. Crapo , Mr. Young , Mr. Cruz , Mr. Hoeven , Mr. Moran , Mrs. Blackburn , Ms. Murkowski , Mr. Scott of Florida , Mr. Cotton , Mr. Marshall , Mr. Burr , Mr. Daines , Mr. Shelby , Mr. Sullivan , Mr. Tuberville , Mr. Rubio , Mr. Cornyn , Mr. Boozman , Mr. Kennedy , and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To clarify regulatory certainty, and for other purposes.
1. Short title This Act may be cited as the Simplify Timelines and Assure Regulatory Transparency Act or the START Act . 2. Codification of NEPA regulations The revisions to the Code of Federal Regulations made pursuant to the final rule of the Council on Environmental Quality titled Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act and published on July 16, 2020 (85 Fed. Reg. 43304), shall have the same force and effect of law as if enacted by an Act of Congress. 3. Providing regulatory certainty under the Federal Water Pollution Control Act (a) Waters of the United States The definitions of the term waters of the United States and the other terms defined in section 328.3 of title 33, Code of Federal Regulations (as in effect on January 1, 2021), are enacted into law. (b) Codification of section 401 certification rule The final rule of the Environmental Protection Agency entitled Clean Water Act Section 401 Certification Rule (85 Fed. Reg. 42210 (July 13, 2020)) is enacted into law. (c) Codification of Nationwide Permits The Nationwide Permits issued, reissued, or modified, as applicable, in the following final rules of the Corps of Engineers are enacted into law: (1) The final rule of the Corps of Engineers entitled Reissuance and Modification of Nationwide Permits (86 Fed. Reg. 2744 (January 13, 2021)). (2) The final rule of the Corps of Engineers entitled Reissuance and Modification of Nationwide Permits (86 Fed. Reg. 73522 (December 27, 2021)). (d) National pollutant discharge elimination system Section 402(b)(1)(B) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(b)(1)(B) ) is amended by striking five years and inserting 10 years . 4. Prohibition on use of social cost of greenhouse gas estimates raising gasoline prices (a) In general In promulgating regulations, issuing guidance, or taking any agency action (as defined in section 551 of title 5, United States Code) relating to the social cost of greenhouse gases, no Federal agency shall adopt or otherwise use any estimates for the social cost of greenhouse gases that may raise gasoline prices, as determined through a review by the Energy Information Administration. (b) Inclusion The estimates referred to in subsection (a) include the interim estimates in the document of the Interagency Working Group on the Social Cost of Greenhouse Gases entitled Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990 and dated February 2021. 5. Expediting permitting and review processes (a) Definitions In this section: (1) Authorization The term authorization means any license, permit, approval, finding, determination, or other administrative decision issued by a Federal department or agency that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of an energy project, including any authorization described in section 41001(3) of the FAST Act ( 42 U.S.C. 4370m(3) ). (2) Energy project The term energy project means any project involving the exploration, development, production, transportation, combustion, transmission, or distribution of an energy resource or electricity for which— (A) an authorization is required under a Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) (i) the head of the lead agency has determined that an environmental impact statement is required; or (ii) the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as an energy project. (3) Environmental impact statement The term environmental impact statement means the detailed statement of environmental impacts required to be prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Environmental review and authorization process The term environmental review and authorization process means— (A) the process for preparing for an energy project an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) the completion of any authorization decision required for an energy project under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (5) Lead agency The term lead agency means— (A) the Department of Energy; (B) the Department of the Interior; (C) the Department of Agriculture; (D) the Federal Energy Regulatory Commission; (E) the Nuclear Regulatory Commission; or (F) any other appropriate Federal agency, as applicable, that may be responsible for navigating the energy project through the environmental review and authorization process. (6) Project sponsor The term project sponsor means an agency or other entity, including any private or public-private entity, that seeks approval from a lead agency for an energy project. (b) Timely authorizations for energy projects (1) In general (A) Deadline Except as provided in subparagraph (C), all authorization decisions necessary for the construction of an energy project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the energy project by the lead agency. (B) Detail The final environmental impact statement for an energy project shall include an adequate level of detail to inform decisions necessary for the role of any Federal agency involved in the environmental review and authorization process for the energy project. (C) Extension of deadline The head of a lead agency may extend the deadline under subparagraph (A) if— (i) Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph; (ii) the project sponsor requests that the permit or approval follow a different timeline; or (iii) an extension would facilitate completion of the environmental review and authorization process of the energy project. (2) Energy project schedule To the maximum extent practicable and consistent with applicable Federal law, for an energy project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the energy project that is consistent with a time period of not more than 2 years for the completion of the environmental review and authorization process for an energy project, as measured from, as applicable— (A) the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or (B) the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact. (3) Length of environmental impact statement (A) In general Notwithstanding any other provision of law and except as provided in subparagraph (B), to the maximum extent practicable, the text of the items described in paragraphs (4) through (6) of section 1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement for an energy project shall be 200 pages or fewer. (B) Exemption The text referred to in subparagraph (A) of an environmental impact statement for an energy project may exceed 200 pages if the lead agency establishes a new page limit for the environmental impact statement for that energy project. (c) Deadline for filing energy-Related causes of action (1) Definitions In this subsection: (A) Agency action The term agency action has the meaning given the term in section 551 of title 5, United States Code. (B) Energy-related cause of action The term energy-related cause of action means a cause of action that— (i) is filed on or after the date of enactment of this Act; and (ii) seeks judicial review of a final agency action to issue a permit, license, or other form of agency permission for an energy project. (2) Deadline for filing (A) In general Notwithstanding any other provision of Federal law, an energy-related cause of action shall be filed by— (i) not later than 60 days after the date of publication of the applicable final agency action; or (ii) if another Federal law provides for an earlier deadline than the deadline described in clause (i), the earlier deadline. (B) Prohibition An energy-related cause of action that is not filed within the applicable time period described in subparagraph (A) shall be barred. (d) Application of categorical exclusions for energy projects In carrying out requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for an energy project, a Federal agency may use categorical exclusions designated under that Act in the implementing regulations of any other agency, subject to the conditions that— (1) the agency makes a determination, in consultation with the lead agency, that the categorical exclusion applies to the energy project; (2) the energy project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (3) the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the agency, except any list of the agency that designates categorical exclusions. 6. Fracturing authority within States (a) Definition of Federal land In this section, the term Federal land means— (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); (2) National Forest System land; (3) land under the jurisdiction of the Bureau of Reclamation; and (4) land under the jurisdiction of the Corps of Engineers. (b) State authority (1) In general A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State. (2) Federal land The treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located. 7. Federal land freedom (a) Definitions In this section: (1) Available federal land The term available Federal land means any Federal land that, as of May 31, 2013— (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian Tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a congressionally designated wilderness area. (2) State The term State means— (A) a State; and (B) the District of Columbia. (3) State leasing, permitting, and regulatory program The term State leasing, permitting, and regulatory program means a program established pursuant to State law that regulates the exploration and development of oil, natural gas, and other forms of energy on land located in the State. (b) State control of energy development and production on all available federal land (1) State leasing, permitting, and regulatory programs Any State that has established a State leasing, permitting, and regulatory program may— (A) submit to the Secretaries of the Interior, Agriculture, and Energy a declaration that a State leasing, permitting, and regulatory program has been established or amended; and (B) seek to transfer responsibility for leasing, permitting, and regulating oil, natural gas, and other forms of energy development from the Federal Government to the State. (2) State action authorized Notwithstanding any other provision of law, on submission of a declaration under paragraph (1)(A), the State submitting the declaration may lease, permit, and regulate the exploration and development of oil, natural gas, and other forms of energy on Federal land located in the State in lieu of the Federal Government. (3) Effect of State action Any action by a State to lease, permit, or regulate the exploration and development of oil, natural gas, and other forms of energy pursuant to paragraph (2) shall not be subject to, or considered a Federal action, Federal permit, or Federal license under— (A) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘‘Administrative Procedure Act’’); (B) division A of subtitle III of title 54, United States Code; (C) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (D) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (c) No effect on Federal revenues (1) In general Any lease or permit issued by a State pursuant to subsection (b) shall include provisions for the collection of royalties or other revenues in an amount equal to the amount of royalties or revenues that would have been collected if the lease or permit had been issued by the Federal Government. (2) Disposition of revenues Any revenues collected by a State from leasing or permitting on Federal land pursuant to subsection (b) shall be deposited in the same Federal account in which the revenues would have been deposited if the lease or permit had been issued by the Federal Government. (3) Effect on State processing fees Nothing in this section prohibits a State from collecting and retaining a fee from an applicant to cover the administrative costs of processing an application for a lease or permit. 8. Expediting completion of the Mountain Valley pipeline (a) Definition of Mountain Valley Pipeline In this section, the term Mountain Valley Pipeline means the Mountain Valley Pipeline project, as generally described and approved in Federal Energy Regulatory Commission Docket Nos. CP16–10 and CP19–477. (b) Expedited approval Notwithstanding any other provision of law, not later than 21 days after the date of enactment of this Act and for the purpose of facilitating the completion of the Mountain Valley Pipeline— (1) the Secretary of the Army shall issue all permits or verifications necessary— (A) to complete the construction of the Mountain Valley Pipeline across the waters of the United States; and (B) to allow for the operation and maintenance of the Mountain Valley Pipeline; (2) the Secretary of Agriculture shall amend the Land and Resource Management Plan for the Jefferson National Forest in a manner that is substantively identical to the record of decision with respect to the Mountain Valley Pipeline issued on January 11, 2021; and (3) the Secretary of the Interior shall— (A) reissue the biological opinion and incidental take statement for the Mountain Valley Pipeline in a manner that is substantively identical to the biological opinion and incidental take statement previously issued on September 4, 2020; and (B) grant all necessary rights-of-way and temporary use permits in a manner that is substantively identical to those permits approved in the record of decision with respect to the Mountain Valley Pipeline issued on January 14, 2021. (c) Judicial review No action taken by the Secretary of the Army, the Federal Energy Regulatory Commission, the Secretary of Agriculture, or the Secretary of the Interior that grants an authorization, permit, verification, biological opinion, incidental take statement, or any other approval related to the Mountain Valley Pipeline, including the issuance of any authorization, permit, verification, authorization, biological opinion, incidental take statement, or other approval described in subsection (b), shall be subject to judicial review. (d) Effect This section preempts any statute (including any other section of this Act), regulation, judicial decision, or agency guidance that is inconsistent with the issuance of any authorization, permit, verification, authorization, biological opinion, incidental take statement, or other approval described in subsection (b). 9. Faster project consultation Section 7(b)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(b)(1) ) is amended— (1) in subparagraph (A), by striking 90-day and inserting 60-day ; and (2) in subparagraph (B)— (A) in the matter preceding clause (i)— (i) by striking 90 days and inserting 60 days ; and (ii) by striking 90th day and inserting 60th day ; (B) in clause (i), in the matter preceding subclause (I), by striking 150th day and inserting 100th day ; and (C) in clause (ii), by striking 150 or more and inserting 100 or more . 10. New source review permitting (a) Clarification of definition of a modification for emission rate increases, pollution control, efficiency, safety, and reliability projects Paragraph (4) of section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ) is amended— (1) by inserting (A) before The term ; (2) by inserting before the period at the end the following: . For purposes of the preceding sentence, a change increases the amount of any air pollutant emitted by such source only if the maximum hourly emission rate of an air pollutant that is achievable by such source after the change is higher than the maximum hourly emission rate of such air pollutant that was achievable by such source during any hour in the 10-year period immediately preceding the change ; and (3) by adding at the end the following: (B) Notwithstanding subparagraph (A), the term modification does not include a change at a stationary source that is designed— (i) to reduce the amount of any air pollutant emitted by the source per unit of production; or (ii) to restore, maintain, or improve the reliability of operations at, or the safety of, the source, except, with respect to either clause (i) or (ii), when the change would be a modification as defined in subparagraph (A) and the Administrator determines that the increase in the maximum achievable hourly emission rate of a pollutant from such change would cause an adverse effect on human health or the environment. . (b) Clarification of definition of construction for prevention of significant deterioration Subparagraph (C) of section 169(2) of the Clean Air Act ( 42 U.S.C. 7479(2) ) is amended to read as follows: (C) The term construction , when used in connection with a major emitting facility, includes a modification (as defined in section 111(a)) at such facility, except that for purposes of this subparagraph a modification does not include a change at a major emitting facility that does not result in a significant emissions increase, or a significant net emissions increase, in annual actual emissions at such facility. . (c) Clarification of definition of modifications and modified for nonattainment areas Paragraph (4) of section 171 of the Clean Air Act ( 42 U.S.C. 7501 ) is amended to read as follows: (4) The terms modifications and modified mean a modification as defined in section 111(a)(4), except that such terms do not include a change at a major emitting facility that does not result in a significant emissions increase, or a significant net emissions increase, in annual actual emissions at such facility. . (d) Rule of construction Nothing in this section or the amendments made by this section shall be construed to treat any change as a modification for purposes of any provision of the Clean Air Act ( 42 U.S.C. 7401 et seq. ) if such change would not have been so treated as of the day before the date of enactment of this Act. 11. Prohibition on retroactive permit vetoes Section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) is amended by striking subsection (c) and inserting the following: (c) Authority of EPA Administrator (1) Possible prohibition of specification Until such time as the Secretary has issued a permit under this section, the Administrator may prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and the Administrator may deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever the Administrator determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas. (2) Consultation required Before making a determination under paragraph (1), the Administrator shall consult with the Secretary. (3) Written findings required The Administrator shall set forth in writing and make public the findings and reasons of the Administrator for making any determination under this subsection. . 12. Policy review under the Clean Air Act Section 309 of the Clean Air Act ( 42 U.S.C. 7609 ) is amended to read as follows: 309. Policy review (a) Environmental impact of proposed legislation (1) In general The Administrator shall review, and comment in writing, on the environmental impact of any matter relating to the duties and responsibilities granted to the authority of the Administrator pursuant to this Act or any other law contained in any legislation proposed by a Federal department. (2) Publish A written comment referred to in paragraph (1) shall be made public at the conclusion of any review conducted under that paragraph. (b) Unsatisfactory legislation In the event the Administrator determines that any legislation reviewed under subsection (a)(1) is unsatisfactory from the standpoint of public health, welfare, or environmental quality, the Administrator shall publish the determination of the Administrator and the matter shall be referred to the Council on Environmental Quality. . | https://www.govinfo.gov/content/pkg/BILLS-117s4815is/xml/BILLS-117s4815is.xml |
117-s-4816 | II 117th CONGRESS 2d Session S. 4816 IN THE SENATE OF THE UNITED STATES September 12, 2022 Mr. Ossoff (for himself, Mr. Rounds , Mrs. Shaheen , 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 require the Archivist of the United States to submit to Congress a comprehensive plan for reducing the backlog of requests for records from the National Personnel Records Center, and for other purposes.
1. Short title This Act may be cited as the Access for Veterans to Records Act of 2022 . 2. Plan to eliminate records backlog at the National Personnel Records Center (a) Plan required Not later than 60 days after the date of the enactment of this Act, the Archivist of the United States shall submit to the appropriate congressional committees a comprehensive plan to eliminate the backlog of requests for records from the National Personnel Records Center and to improve the efficiency and responsiveness of operations at the National Personnel Records Center, that includes, at a minimum, the following: (1) The number and percentage of unresolved veteran record requests that have been pending for more than— (A) 20 days; (B) 90 days; and (C) one year. (2) Target timeframes to eliminate the backlog. (3) A detailed plan for using existing funds to improve information technology infrastructure, including secure access to appropriate agency Federal records, to prevent future backlogs. (4) Actions to improve customer service for requesters. (5) Measurable goals with respect to the comprehensive plan and metrics for tracking progress toward such goals. (6) Strategies to prevent future record request backlogs, including backlogs caused by an event that prevents employees of the Center from reporting to work in person. (b) Updates Not later than 90 days after the date on which the comprehensive plan is submitted under subsection (a), and semiannually thereafter until the National Personnel Records Center resolves 90 percent of all requests for separation documents (other than documents subject to fees or involving records damaged or lost in the 1973 fire) in 20 days or less, the Archivist of the United States shall submit to the appropriate congressional committees an update of such plan that— (1) describes progress made by the National Personnel Records Center during the preceding 180-day period with respect to record request backlog reduction and efficiency and responsiveness improvement; (2) provides data on progress made toward the goals identified in the comprehensive plan; and (3) describes any changes made to the comprehensive plan. (c) Consultation requirement In carrying out subsections (a) and (b), the Archivist of the United States shall consult with the Secretary of Veterans Affairs. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Homeland Security and Governmental Affairs and the Committee on Veterans’ Affairs of the Senate; and (2) the Committee on Oversight and Reform and the Committee on Veterans’ Affairs of the House of Representatives. 3. Additional funding In addition to amounts otherwise available, there is authorized to be appropriated to the National Archives and Records Administration, $20,000,000 to address backlogs in responding to requests from veterans for military personnel records. 4. Additional staffing Not later than 30 days after the date of the enactment of this Act, the Archivist of the United States shall ensure that the National Personnel Records Center maintains staffing levels that enable the maximum processing of records requests possible in order to achieve the performance goal of responding to 90 percent of all requests for separation documents (other than documents subject to fees or involving records damaged or lost in the 1973 fire) serviced in 20 days or less. 5. Additional reporting The Inspector General for the National Archives and Records Administration shall, for two years following the date of the enactment of this Act, include in every semiannual report submitted to Congress pursuant to the Inspector General Act of 1978, a detailed summary of— (1) efforts taken by the National Archives and Records Administration to address the backlog of records requests at the National Personnel Records Center; and (2) any recommendations for action proposed by the Inspector General related to reducing the backlog of records requests at the National Personnel Records Center and the status of compliance with those recommendations by the National Archives and Records Administration. | https://www.govinfo.gov/content/pkg/BILLS-117s4816is/xml/BILLS-117s4816is.xml |
117-s-4817 | II 117th CONGRESS 2d Session S. 4817 IN THE SENATE OF THE UNITED STATES September 12, 2022 Mr. Crapo (for himself, Mr. Grassley , Mr. Cornyn , Mr. Thune , Mr. Burr , Mr. Toomey , Mr. Scott of South Carolina , Mr. Cassidy , Mr. Lankford , Mr. Daines , Mr. Portman , Mr. Young , Mr. Sasse , and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prevent the use of additional Internal Revenue Service funds from being used for audits of taxpayers with taxable incomes below $400,000 in order to protect low- and middle-income earning American taxpayers from an onslaught of audits from an army of new Internal Revenue Service auditors funded by an unprecedented, nearly $80,000,000,000, infusion of new funds.
1. Limitations related to the Internal Revenue Service (a) In general Section 10301 of Public Law 117–169 is amended— (1) by striking In general .— and inserting (a) In general .— , and (2) by adding at the end the following: (b) Limitations related to the Internal Revenue Service None of the funds appropriated under subsection (a)(1) may be used to audit taxpayers with taxable incomes below $400,000. . | https://www.govinfo.gov/content/pkg/BILLS-117s4817is/xml/BILLS-117s4817is.xml |
117-s-4818 | II 117th CONGRESS 2d Session S. 4818 IN THE SENATE OF THE UNITED STATES September 12, 2022 Mr. Cruz (for himself, Mrs. Blackburn , Mrs. Hyde-Smith , Mr. Lankford , Mr. Marshall , Mr. Inhofe , Mr. Braun , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the use of Federal and local funds to impose or enforce a COVID–19 vaccine mandate in District of Columbia schools, and to repeal the Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021 enacted by the District of Columbia Council.
1. Prohibition on use of Federal and local funds to impose or enforce COVID–19 vaccine mandate in District of Columbia schools (a) Definitions In this section: (1) Covered school The term covered school means an elementary school or a secondary school, as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), in the District of Columbia. (2) COVID–19 vaccine The term COVID–19 vaccine means any vaccine for the prevention of Coronavirus Disease 2019 (COVID–19) caused by severe acute respiratory syndrome coronavirus 2 (SARS–CoV–2) that is approved under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) or section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ). (b) Prohibition No Federal or local funds may be used by the District of Columbia or a covered school to impose or enforce a COVID–19 vaccine requirement on a student in connection with enrollment by the student in a covered school, including any requirement that a student receive a COVID–19 vaccine in order to be able to attend in-person classroom instruction or participate in any school-related activity on or off campus, including an athletic or academic competition. 2. Repeal of Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021 The Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021 (D.C. Law 24–85), enacted by the District of Columbia Council on January 12, 2022, and effective on March 2, 2022, shall have no force or effect. | https://www.govinfo.gov/content/pkg/BILLS-117s4818is/xml/BILLS-117s4818is.xml |
117-s-4819 | II 117th CONGRESS 2d Session S. 4819 IN THE SENATE OF THE UNITED STATES September 12, 2022 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a minimum temperature for thermostats at the headquarters of the Department of Energy and the Environmental Protection Agency, and for other purposes.
1. Short title This Act may be cited as the Lead by Example Act of 2022 . 2. Thermostats at DOE and EPA headquarters (a) In general The Secretary of Energy and the Administrator of the Environmental Protection Agency shall set all thermostats in the 1 or more buildings comprising the headquarters of the Department of Energy and the Environmental Protection Agency, respectively, to not lower than 78 degrees Fahrenheit when the air conditioning system is in operation. (b) Reports Not later than 90 days after the date of enactment of this Act, the Secretary of Energy and the Administrator of the Environmental Protection Agency shall each submit to Congress a report describing the temperature at which thermostats have been set in the 1 or more buildings comprising the headquarters of the Department of Energy and the Environmental Protection Agency, respectively, during the period beginning on January 20, 2021, and ending on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4819is/xml/BILLS-117s4819is.xml |
117-s-4820 | II 117th CONGRESS 2d Session S. 4820 IN THE SENATE OF THE UNITED STATES September 12, 2022 Mr. Lee (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To auction spectrum and to authorize the Federal Communications Commission to borrow funds from the Treasury, to be repaid out of auction proceeds, to ensure rural communications providers have the resources to replace communications equipment and services to protect their networks from Chinese Communist Party espionage.
1. Short title This Act may be cited as the Protecting Communications Networks from Chinese Communist Party Espionage Act . 2. Spectrum auction (a) Identification Not later than 21 months after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and the Federal Communications Commission (referred to in this section as the Commission ) shall submit to the President, the Commission, and the relevant congressional committees (as defined in section 90008(a) of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 921 note; Public Law 117–58 )) a report that identifies 350 megahertz of electromagnetic spectrum between the frequencies of 3100 megahertz and 3450 megahertz, inclusive, to be reallocated by the Commission through a system of competitive bidding under subsection (b) for non-Federal use or shared Federal and non-Federal use, or a combination thereof. (b) Reallocation of spectrum through auction (1) In general Not later than 7 years after the date of enactment of this Act, the Commission shall— (A) notwithstanding paragraph (11) or (15)(A) of section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ), in coordination with the Assistant Secretary of Commerce for Communications and Information, conduct a system of competitive bidding under that section to award licenses for non-Federal use or shared Federal and non-Federal use, or a combination thereof, of the band or bands of electromagnetic spectrum identified under subsection (a); and (B) promulgate rules for the use of spectrum reallocated under subparagraph (A). (2) Auction proceeds to cover 110 percent of Federal relocation or sharing costs Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(16)(B) ). (3) Extension of auction authority Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) ) is amended by striking section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act and inserting section 2(a) of the Protecting Communications Networks from Chinese Communist Party Espionage Act . (c) Use of auction proceeds Notwithstanding subparagraphs (A), (C)(i), and (D) of section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) ), and except as provided in subparagraph (B) of that paragraph, the proceeds (including deposits and upfront payments from successful bidders) of competitive bidding under subsection (b) of this section (in this subsection referred to as covered proceeds ) shall be deposited or available as follows: (1) Such amount of the covered proceeds as is necessary to cover 110 percent of the relocation or sharing costs of Federal entities relocated from or sharing the frequencies identified under subsection (a) shall be deposited in the Spectrum Relocation Fund established under section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 ). (2) After the amount required to be deposited by paragraph (1) of this subsection is so deposited, the Commission shall use such amounts as are necessary to reimburse the general fund of the Treasury for any amounts borrowed under section (d) of this section. (3) After compliance with paragraphs (1) and (2) of this subsection, the Commission shall deposit all remaining amounts in the general fund of the Treasury for the sole purpose of deficit reduction. (d) FCC borrowing authority The Commission may borrow from the Treasury of the United States an amount not to exceed $3,700,000,000 to carry out the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 et seq. ), notwithstanding the limitation on expenditures under section 4(k) of that Act ( 47 U.S.C. 1603(k) ) and provided that the Commission shall not use any funds borrowed under this subsection in a manner that may result in outlays on or after September 30, 2031. (e) Relation to spectrum auction under Infrastructure Investment and Jobs Act Paragraphs (2), (3), and (4) of section 90008(b) of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 921 note; Public Law 117–58 ) are repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s4820is/xml/BILLS-117s4820is.xml |
117-s-4821 | II 117th CONGRESS 2d Session S. 4821 IN THE SENATE OF THE UNITED STATES September 12, 2022 Mr. Lankford (for himself and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To increase oversight of foreign direct investment in agricultural land in the United States, and for other purposes.
1. Short title This Act may be cited as the Security and Oversight for International Landholdings Act of 2022 or the SOIL Act of 2022 . 2. Review by Committee on Foreign Investment in the United States of certain agricultural real estate transactions Section 721(a)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(4) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking ; and and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iii) any transaction described in subparagraph (B)(vi) proposed or pending on or after the date of the enactment of this clause. ; and (2) in subparagraph (B), by adding at the end the following: (vi) Any acquisition or transfer of an interest, other than a security, in agricultural land held by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country— (I) designated as a nonmarket economy country pursuant to section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) ); or (II) identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to section 108B of the National Security Act of 1947 ( 50 U.S.C. 3043b )(commonly known as the Annual Threat Assessment ). . 3. Expansion of membership in Committee on Foreign Investment in the United States Section 721(k)(2) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(k)(2) ) is amended— (1) by redesignating subparagraphs (H), (I), and (J), as subparagraphs (I), (J), and (K), respectively; and (2) inserting after subparagraph (G), the following new subparagraph: (H) The Secretary of Agriculture. . 4. Prohibition on use of funds for certain agricultural real estate holdings No assistance, including subsidies, may be provided by any Federal agency to a person for an agricultural real estate holding wholly or partly owned by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country— (1) designated as a nonmarket economy country pursuant to section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) ); or (2) identified as a country that poses as risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to section 108B of the National Security Act of 1947 ( 50 U.S.C. 3043b )(commonly known as the Annual Threat Assessment ). 5. Disclosure requirements for foreign agricultural real estate holdings (a) Reporting requirements Section 2(a) of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501(a) ) is amended— (1) in the first sentence of the matter preceding paragraph (1)— (A) by inserting , or enters into a leasing agreement the period of which is longer than 5 years with respect to agricultural land, after agricultural land ; and (B) by striking acquisition or transfer and inserting acquisition, transfer, or lease ; and (2) in paragraph (4), by striking acquired or transferred and inserting acquired, transferred, or leased . (b) Revocation of minimum acreage requirement Section 9(1) of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508(1) ) is amended by inserting , subject to the condition that the Secretary may not exclude land from this definition based on the acreage of the land before the semicolon at the end. 6. Reports of holdings of agricultural land in the United States by foreign persons Section 6 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3505 ) is amended— (1) by striking the section designation and heading and all that follows through Not later than and inserting the following: 6. Reports (a) Transmission of reports to States Not later than ; and (2) by adding at the end the following: (b) Annual report (1) In general Annually, the Secretary shall prepare and make publicly available a report describing holdings of agricultural land by foreign persons, as determined by reports submitted under section 2, including— (A) an analysis of the countries with the most extensive agricultural land holdings on a State-by-State and county-by-county basis; (B) data and an analysis of agricultural land holdings in each county in the United States by a foreign person from— (i) the People’s Republic of China; (ii) the Russian Federation; or (iii) any other country that the Secretary determines to be appropriate; and (C) an analysis of the sectors and industries for which the agricultural land holdings are used. (2) Transmission to States The Secretary shall transmit the report prepared under paragraph (1) to each State department of agriculture or appropriate State agency described in subsection (a) in conjunction with the applicable reports transmitted under that subsection. . | https://www.govinfo.gov/content/pkg/BILLS-117s4821is/xml/BILLS-117s4821is.xml |
117-s-4822 | II Calendar No. 484 117th CONGRESS 2d Session S. 4822 IN THE SENATE OF THE UNITED STATES September 12, 2022 Mr. Whitehouse (for himself, Mr. Wyden , Mr. Schumer , Mr. Van Hollen , Mr. Leahy , Mrs. Feinstein , Mrs. Murray , Mr. Durbin , Mr. Reed , Mr. Carper , Ms. Stabenow , Ms. Cantwell , Mr. Menendez , Mr. Cardin , Mr. Sanders , Mr. Brown , Mr. Casey , Ms. Klobuchar , Mr. Tester , Mrs. Shaheen , Mr. Warner , Mr. Merkley , Mr. Bennet , Mrs. Gillibrand , Mr. Coons , Mr. Blumenthal , Mr. Schatz , Ms. Baldwin , Mr. Murphy , Ms. Hirono , Mr. Heinrich , Mr. King , Mr. Kaine , Ms. Warren , Mr. Markey , Mr. Booker , Mr. Peters , Ms. Duckworth , Ms. Hassan , Ms. Cortez Masto , Ms. Smith , Ms. Rosen , Mr. Luján , Mr. Hickenlooper , Mr. Padilla , Mr. Ossoff , Mr. Warnock , Mr. Manchin , Mr. Kelly , and Ms. Sinema ) introduced the following bill; which was read the first time September 13, 2022 Read the second time and placed on the calendar A BILL To amend the Federal Election Campaign Act of 1971 to provide for additional disclosure requirements for corporations, labor organizations, Super PACs and other entities, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2022 or the DISCLOSE Act of 2022 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 101. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 102. Study and report on illicit foreign money in Federal elections. Sec. 103. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Sec. 104. Disbursements and activities subject to foreign money ban. Sec. 105. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. TITLE II—Reporting of Campaign-Related Disbursements Sec. 201. Reporting of campaign-related disbursements. Sec. 202. Reporting of Federal judicial nomination disbursements. Sec. 203. Coordination with FinCEN. Sec. 204. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 205. Effective date. TITLE III—Other Administrative Reforms Sec. 301. Petition for certiorari. Sec. 302. Judicial review of actions related to campaign finance laws. Sec. 303. Effective date. TITLE IV—Stand by every ad Sec. 401. Short title. Sec. 402. Stand by every ad. Sec. 403. Disclaimer requirements for communications made through prerecorded telephone calls. Sec. 404. No expansion of persons subject to disclaimer requirements on internet communications. Sec. 405. Effective date. TITLE V—Severability Sec. 501. Severability. 2. Findings Congress finds the following: (1) Campaign finance disclosure is a narrowly tailored and minimally restrictive means to advance substantial government interests, including fostering an informed electorate capable of engaging in self-government and holding their elected officials accountable, detecting and deterring quid pro quo corruption, and identifying information necessary to enforce other campaign finance laws, including campaign contribution limits and the prohibition on foreign money in U.S. campaigns. To further these substantial interests, campaign finance disclosure must be timely and complete, and must disclose the true and original source of money given, transferred, and spent to influence Federal elections. Current law does not meet this objective because corporations and other entities that the Supreme Court has permitted to spend money to influence Federal elections are subject to few if any transparency requirements. (2) As the Supreme Court recognized in its per curiam opinion in Buckley v. Valeo , 424 U.S. 1, (1976), disclosure requirements certainly in most applications appear to be the least restrictive means of curbing the evils of campaign ignorance and corruption that Congress found to exist. Buckley , 424 U.S. at 68. In Citizens United v. FEC , the Court reiterated that disclosure is a less restrictive alternative to more comprehensive regulations of speech. 558 U.S. 310, 369 (2010). (3) No subsequent decision has called these holdings into question, including the Court’s decision in Americans for Prosperity Foundation v. Bonta , 141 S. Ct. 2373 (2021). That case did not involve campaign finance disclosure, and the Court did not overturn its longstanding recognition of the substantial interests furthered by such disclosure. (4) Campaign finance disclosure is also essential to enforce the Federal Election Campaign Act’s prohibition on contributions by and solicitations of foreign nationals. See section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ). (5) Congress should close loopholes allowing spending by foreign nationals in domestic elections. For example, in 2021, the Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process, found reason to believe and conciliated a matter where an experienced political consultant knowingly and willfully violated Federal law by soliciting a contribution from a foreign national by offering to transmit a $2,000,000 contribution to a super PAC through his company and two 501(c)(4) organizations, to conceal the origin of the funds. This scheme was only unveiled after appearing in a The Telegraph UK article and video capturing the solicitation. See Conciliation Agreement, MURs 7165 & 7196 (Great America PAC, et al.), date June 28, 2021; Factual and Legal Analysis, MURs 7165 & 7196 (Jesse Benton), dated Mar. 2, 2021. I Closing Loopholes Allowing Spending by Foreign Nationals in Elections 101. Clarification of application of foreign money ban to certain disbursements and activities Section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; (2) by striking As used in this section, the term and inserting the following: Definitions .—For purposes of this section— (1) Foreign national The term ; (3) by moving paragraphs (1) and (2) two ems to the right and redesignating them as subparagraphs (A) and (B), respectively; and (4) by adding at the end the following new paragraph: (2) Contribution and donation For purposes of paragraphs (1) and (2) of subsection (a), the term contribution or donation includes any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication (as defined in section 304(f)(3)). . 102. Study and report on illicit foreign money in Federal elections (a) Study For each 4-year election cycle (beginning with the 4-year election cycle ending in 2020), the Comptroller General shall conduct a study on the incidence of illicit foreign money in all elections for Federal office held during the preceding 4-year election cycle, including what information is known about the presence of such money in elections for Federal office. (b) Report (1) In general Not later than the applicable date with respect to any 4-year election cycle, the Comptroller General shall submit to the appropriate congressional committees a report on the study conducted under subsection (a). (2) Matters included The report submitted under paragraph (1) shall include a description of the extent to which illicit foreign money was used to target particular groups, including rural communities, African-American and other minority communities, and military and veteran communities, based on such targeting information as is available and accessible to the Comptroller General. (3) Applicable date For purposes of paragraph (1), the term applicable date means— (A) in the case of the 4-year election cycle ending in 2020, the date that is 1 year after the date of the enactment of this Act; and (B) in the case of any other 4-year election cycle, the date that is 1 year after the date on which such 4-year election cycle ends. (c) Definitions As used in this section: (1) 4-year election cycle The term 4-year election cycle means the 4-year period ending on the date of the general election for the offices of President and Vice President. (2) Illicit foreign money The term illicit foreign money means any contribution, donation, expenditure, or disbursement by a foreign national (as defined in section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C.30121(b))) prohibited under such section. (3) Election; Federal office The terms election and Federal office have the meanings given such terms under section 301 of the Federal Election Campaign Act of 1971 ( 53 U.S.C. 30101 ). (4) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on House Administration of the House of Representatives; (B) the Committee on Rules and Administration of the Senate; (C) the Committee on the Judiciary of the House of Representatives; and (D) the Committee on the Judiciary of the Senate. (d) Sunset This section shall not apply to any 4-year election cycle beginning after the election for the offices of President and Vice President in 2032. 103. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda (a) In general Section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ), as amended by section 101, is amended by adding at the end the following new paragraphs: (3) Federal, State, or local election The term Federal, State, or local election includes a State or local ballot initiative or referendum, but only in the case of— (A) a covered foreign national as defined in paragraph (4); or (B) a foreign principal described in section 1(b)(2) or 1(b)(3) of the Foreign Agent Registration Act of 1938, as amended ( 22 U.S.C. 611(b)(2) or (b)(3)) or an agent of such a foreign principal under such Act. (4) Covered foreign national (A) In general The term covered foreign national means— (i) a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(b) ) that is a government of a foreign country or a foreign political party; (ii) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in clause (i) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in clause (i); or (iii) any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in clause (i). (B) Clarification regarding application to citizens of the United States In the case of a citizen of the United States, clause (ii) of subparagraph (A) applies only to the extent that the person involved acts within the scope of that person’s status as the agent of a foreign principal described in clause (i) of subparagraph (A). . (b) Effective date The amendment made by this section shall apply with respect to elections held in 2023 or any succeeding year. 104. Disbursements and activities subject to foreign money ban (a) Disbursements described Section 319(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1) ) is amended— (1) by striking or at the end of subparagraph (B); and (2) by striking subparagraph (C) and inserting the following: (C) an expenditure; (D) an independent expenditure; (E) a disbursement for an electioneering communication (within the meaning of section 304(f)(3)); (F) a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate; (G) a disbursement by a covered foreign national (as defined in subsection (b)(4)) for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy); (H) a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform (as defined in subsection (b)(5)), that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a covered foreign national (as defined in subsection (b)(4)); (I) a disbursement by a covered foreign national (as defined in subsection (b)(4)) to compensate any person for internet activity that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy); or (J) a disbursement by a covered foreign national (as defined in subsection (b)(4)) for a Federal judicial nomination communication (as defined in section 324(g)(2)); . (b) Definition of online platform Section 319(b) of such Act ( 52 U.S.C. 30121(b) ), as amended by sections 101 and 103, is amended by adding at the end the following new paragraph: (5) Online platform (A) In general For purposes of this section, subject to subparagraph (B), the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which— (i) (I) sells qualified political advertisements; and (II) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or (ii) is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor). (B) Exemption Such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. (C) Third-party advertising vendor defined For purposes of this subsection, the term third-party advertising vendor includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. . (c) Effective date The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act. 105. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals (a) Prohibition Chapter 29 of title 18, United States Code is amended by adding at the end the following: 612. Establishment of corporation to conceal election contributions and donations by foreign nationals (a) Offense It shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 )) prohibited under such section 319. (b) Penalty Any person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both. . (b) Table of sections The table of sections for chapter 29 of title 18, United States Code is amended by adding at the end the following new item: 612. Establishment of corporation to conceal election contributions and donations by foreign nationals. . II Reporting of Campaign-Related Disbursements 201. Reporting of campaign-related disbursements (a) In general Section 324 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30126 ) is amended to read as follows: 324. Disclosure of campaign-related disbursements by covered organizations (a) Disclosure statement (1) In general Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)— (A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and (B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. (2) Information described The information described in this paragraph is as follows: (A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15(d) of that Act ( 15 U.S.C. 78o(d) )) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that— (i) identifies each beneficial owner by name and current residential or business street address; and (ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. (B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. (C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. (D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. (E) (i) If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account, for each such payment to the account— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2023, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2023. (F) (i) If the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each payment to the covered organization— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2023, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2023. (G) Such other information as required in rules established by the Commission to promote the purposes of this section. (3) Exceptions (A) Amounts received in ordinary course of business The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. (B) Donor restriction on use of funds The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if— (i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and (ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. (C) Threat of harassment or reprisal The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. (4) Other definitions For purposes of this section: (A) Beneficial owner defined (i) In general Except as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly— (I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or (II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. (ii) Exceptions The term beneficial owner shall not include— (I) a minor child; (II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; (IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or (V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). (iii) Anti-abuse rule The exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). (B) Disclosure date The term disclosure date means— (i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and (ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. (C) Election reporting cycle The term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office. (D) Payment The term payment includes any contribution, donation, transfer, payment of dues, or other payment. (b) Coordination with other provisions (1) Other reports filed with the Commission Information included in a statement filed under this section may be excluded from statements and reports filed under section 304. (2) Treatment as separate segregated fund A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. (c) Filing Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. (d) Campaign-Related disbursement defined (1) In general In this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following: (A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office. (B) An applicable public communication. (C) An electioneering communication, as defined in section 304(f)(3). (D) A covered transfer. (2) Applicable public communications (A) In general The term applicable public communication means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. (B) Exception Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (3) Intent not required A disbursement for an item described in subparagraph (A), (B), (C) or (D) of paragraph (1) shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement. (e) Covered organization defined In this section, the term covered organization means any of the following: (1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). (4) A labor organization (as defined in section 316(b)). (5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)). (6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts. (f) Covered transfer defined (1) In general In this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization— (A) designates, requests, or suggests that the amounts be used for— (i) campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (B) made such transfer or payment in response to a solicitation or other request for a donation or payment for— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (C) engaged in discussions with the recipient of the transfer or payment regarding— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; or (D) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. (2) Exclusions The term covered transfer does not include any of the following: (A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. (B) A disbursement made by a covered organization if— (i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and (ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements. (3) Special rule regarding transfers among affiliates (A) Special rule A transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. (B) Determination of amount of certain payments among affiliates In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. (C) Description of transfers between affiliates A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if— (i) one of the organizations is an affiliate of the other organization; or (ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements. (D) Determination of affiliate status For purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if— (i) the governing instrument of the organization requires it to be bound by decisions of the other organization; (ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or (iii) the organization is chartered by the other organization. (E) Coverage of transfers to affiliated section 501(c)(3) organizations This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. (g) No effect on other reporting requirements Except as provided in subsection (b)(1), nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements. . (b) Conforming amendment Section 304(f)(6) of such Act ( 52 U.S.C. 30104 ) is amended by striking Any requirement and inserting Except as provided in section 324(b), any requirement . (c) Regulations Not later than 6 months after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations relating the application of the exemption under section 324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by subsection (a)). Such regulations— (1) shall require that the legal burden of establishing eligibility for such exemption is upon the organization required to make the report required under section 324(a)(1) of such Act (as added by subsection (a)), and (2) shall be consistent with the principles applied in Citizens United v. Federal Election Commission , 558 U.S. 310 (2010). 202. Reporting of Federal judicial nomination disbursements (a) Findings Congress makes the following findings: (1) A fair and impartial judiciary is critical for our democracy and crucial to maintain the faith of the people of the United States in the justice system. As the Supreme Court held in Caperton v. Massey , there is a serious risk of actual bias—based on objective and reasonable perceptions—when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case. ( Caperton v. A. T. Massey Coal Co ., 556 U.S. 868, 884 (2009)). (2) Public trust in government is at a historic low. According to polling, most Americans believe that corporations have too much power and influence in politics and the courts. (3) The prevalence and pervasiveness of dark money drives public concern about corruption in politics and the courts. Dark money is funding for organizations and political activities that cannot be traced to actual donors. It is made possible by loopholes in our tax laws and regulations, weak oversight by the Internal Revenue Service, and donor-friendly court decisions. (4) Under current law, social welfare organizations and business leagues can use funds to influence elections so long as political activity is not their primary activity. Super PACs can accept and spend unlimited contributions from any non-foreign source. These groups can spend tens of millions of dollars on political activities. Such dark money groups spent an estimated $1,050,000,000 in the 2020 election cycle. (5) Dark money is used to shape judicial decision-making. This can take many forms, akin to agency capture: influencing judicial selection by controlling who gets nominated and funding candidate advertisements; creating public relations campaigns aimed at mobilizing the judiciary around particular issues; and drafting law review articles, amicus briefs, and other products which tell judges how to decide a given case and provide ready-made arguments for willing judges to adopt. (6) Over the past decade, nonprofit organizations that do not disclose their donors have spent hundreds of millions of dollars to influence the nomination and confirmation process for Federal judges. One organization alone has spent nearly $40,000,000 on advertisements supporting or opposing Supreme Court nominees since 2016. (7) Anonymous money spent on judicial nominations is not subject to any disclosure requirements. Federal election laws only regulate contributions and expenditures relating to electoral politics; thus, expenditures, contributions, and advocacy efforts for Federal judgeships are not covered under the Federal Election Campaign Act of 1971. Without more disclosure, the public has no way of knowing whether the people spending money supporting or opposing judicial nominations have business before the courts. (8) Congress and the American people have a compelling interest in knowing who is funding these campaigns to select and confirm judges to lifetime appointments on the Federal bench. (b) Reporting Section 324 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30126 ), as amended by section 201, is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: (g) Application to Federal judicial nominations (1) In general For purposes of this section— (A) a disbursement by a covered organization for a Federal judicial nomination communication shall be treated as a campaign-related disbursement; and (B) in the case of campaign-related disbursements which are for Federal judicial nomination communications— (i) the dollar amounts in paragraphs (1) and (2) of subsection (a) shall be applied separately with respect to such disbursements and other campaign-related disbursements; (ii) the election reporting cycle shall be the calendar year in which the disbursement for the Federal judicial nomination communication is made; (iii) references to a candidate in subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C) shall be treated as references to a nominee for a Federal judge or justice; (iv) the reference to an election in subsection (a)(2)(C) shall be treated as a reference to the nomination of such nominee. (2) Federal judicial nomination communication (A) In general The term Federal judicial nomination communication means any communication— (i) that is by means of any broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and (ii) which promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice. (B) Exception Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (C) Intent not required A disbursement for an item described in subparagraph (A) shall be treated as a disbursement for a Federal judicial nomination communication regardless of the intent of the person making the disbursement. . 203. Coordination with FinCEN (a) In general The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as amended by this title. (b) Report Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324. 204. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers Section 319(b)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) ), as amended by section 101, is amended— (1) by striking includes any disbursement and inserting includes— (A) any disbursement ; (2) by striking the period at the end and inserting ; and , and (3) by adding at the end the following new subparagraph: (B) any disbursement, other than a disbursement described in section 324(a)(3)(A), to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the 2-year period ending on the date of the disbursement. . 205. Effective date The amendments made by this title shall apply with respect to disbursements made on or after January 1, 2023, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. III Other Administrative Reforms 301. Petition for certiorari Section 307(a)(6) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107(a)(6) ) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal . 302. Judicial review of actions related to campaign finance laws (a) In general Title IV of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30141 et seq. ) is amended by inserting after section 406 the following new section: 407. Judicial review (a) In general If any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act, including title V, or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. (2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Clarifying scope of jurisdiction If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c) Intervention by Members of Congress In any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. (d) Challenge by Members of Congress Any Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986. . (b) Conforming amendments (1) Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows: 9011. Judicial review For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971. . (2) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows: 9041. Judicial review For provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971. . (3) Section 310 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30110 ) is repealed. (4) Section 403 of the Bipartisan Campaign Reform Act of 2002 ( 52 U.S.C. 30110 note) is repealed. 303. Effective date The amendments made by this title shall take effect and apply on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out this title and the amendments made by this title. IV Stand by every ad 401. Short title This title may be cited as the Stand By Every Ad Act . 402. Stand by every ad (a) Expanded disclaimer requirements for certain communications Section 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120 ) is amended by adding at the end the following new subsection: (e) Expanded disclaimer requirements for communications not authorized by candidates or committees (1) In general Except as provided in paragraph (6), any communication described in paragraph (3) of subsection (a) which is transmitted in an audio or video format (including an internet or digital communication), or which is an internet or digital communication transmitted in a text or graphic format, shall include, in addition to the requirements of paragraph (3) of subsection (a), the following: (A) The individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). (B) If the communication is transmitted in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324— (i) the Top Five Funders list (if applicable); or (ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Five Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Five Funders list, the name of a website which contains the Top Five Funders list (if applicable) or, in the case of an internet or digital communication, a hyperlink to such website. (C) If the communication is transmitted in an audio format and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324— (i) the Top Two Funders list (if applicable); or (ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Two Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Two Funders list, the name of a website which contains the Top Two Funders list (if applicable). (2) Disclosure statements described (A) Individual disclosure statements The individual disclosure statement described in this subparagraph is the following: I am ________, and I approve this message. , with the blank filled in with the name of the applicable individual. (B) Organizational disclosure statements The organizational disclosure statement described in this subparagraph is the following: I am ________, the ________ of ________, and ________ approves this message. , with— (i) the first blank to be filled in with the name of the applicable individual; (ii) the second blank to be filled in with the title of the applicable individual; and (iii) the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication. (3) Method of conveyance of statement (A) Communications in text or graphic format In the case of a communication to which this subsection applies which is transmitted in a text or graphic format, the disclosure statements required under paragraph (1) shall appear in letters at least as large as the majority of the text in the communication. (B) Communications transmitted in audio format In the case of a communication to which this subsection applies which is transmitted in an audio format, the disclosure statements required under paragraph (1) shall be made by audio by the applicable individual in a clear and conspicuous manner. (C) Communications transmitted in video format In the case of a communication to which this subsection applies which is transmitted in a video format, the information required under paragraph (1)— (i) shall appear in writing at the end of the communication or in a crawl along the bottom of the communication in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 6 seconds; and (ii) shall also be conveyed by an unobscured, full-screen view of the applicable individual or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual, except in the case of a Top Five Funders list. (4) Applicable individual defined The term applicable individual means, with respect to a communication to which this subsection applies— (A) if the communication is paid for by an individual, the individual involved; (B) if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); (C) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; and (D) if the communication is paid for by any other person, the highest ranking official of such person. (5) Top Five Funders list and Top Two Funders list defined (A) Top Five Funders list The term Top Five Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the 5 persons who, during the 12-month period ending on the date of the disbursement, provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If 2 or more people provided the fifth largest of such payments, the person paying for the communication shall select 1 of those persons to be included on the Top Five Funders list. (B) Top two funders list The term Top Two Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the persons who, during the 12-month period ending on the date of the disbursement, provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If 2 or more persons provided the second largest of such payments, the person paying for the communication shall select 1 of those persons to be included on the Top Two Funders list. (C) Exclusion of certain payments For purposes of subparagraphs (A) and (B), in determining the amount of payments made by a person to a person paying for a communication, there shall be excluded the following: (i) Any amounts provided in the ordinary course of any trade or business conducted by the person paying for the communication or in the form of investments in the person paying for the communication. (ii) Any payment which the person prohibited, in writing, from being used for campaign-related disbursements, but only if the person paying for the communication agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. (6) Special rules for certain communications (A) Exception for communications paid for by political parties and certain political committees This subsection does not apply to any communication to which subsection (d)(2) applies. (B) Treatment of video communications lasting 10 seconds or less In the case of a communication to which this subsection applies which is transmitted in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, the communication shall meet the following requirements: (i) The communication shall include the individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). (ii) The statement described in clause (i) shall appear in writing at the end of the communication, or in a crawl along the bottom of the communication, in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. (iii) The communication shall include, in a clear and conspicuous manner, a website address with a landing page which will provide all of the information described in paragraph (1) with respect to the communication. Such address shall appear for the full duration of the communication. (iv) To the extent that the format in which the communication is made permits the use of a hyperlink, the communication shall include a hyperlink to the website address described in clause (iii). . (b) Application of expanded requirements to public communications consisting of campaign-related disbursements (1) In general Section 318(a) of such Act ( 52 U.S.C. 30120(a) ) is amended by striking for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate and inserting for a campaign-related disbursement, as defined in section 324, consisting of a public communication . (2) Clarification of exemption from inclusion of candidate disclaimer statement in Federal judicial nomination communications Section 318(a)(3) of such Act ( 52 U.S.C. 30120(a)(3) ) is amended by striking shall clearly state and inserting shall (except in the case of a Federal judicial nomination communication, as defined in section 324(d)(3)) clearly state . (c) Exception for communications paid for by political parties and certain political committees Section 318(d)(2) of such Act ( 52 U.S.C. 30120(d)(2) ) is amended— (1) in the heading, by striking Others and inserting Certain political committees ; (2) by striking Any communication and inserting (A) Any communication ; (3) by inserting which (except to the extent provided in subparagraph (B)) is paid for by a political committee (including a political committee of a political party) and after subsection (a) ; (4) by striking or other person each place it appears; and (5) by adding at the end the following new subparagraph: (B) (i) This paragraph does not apply to a communication paid for in whole or in part during a calendar year with a campaign-related disbursement, but only if the covered organization making the campaign-related disbursement made campaign-related disbursements (as defined in section 324) aggregating more than $10,000 during such calendar year. (ii) For purposes of clause (i), in determining the amount of campaign-related disbursements made by a covered organization during a year, there shall be excluded the following: (I) Any amounts received by the covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments in the covered organization. (II) Any amounts received by the covered organization from a person who prohibited, in writing, the organization from using such amounts for campaign-related disbursements, but only if the covered organization agreed to follow the prohibition and deposited the amounts in an account which is segregated from any account used to make campaign-related disbursements. . (d) Modification of additional requirements for certain communications Section 318(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(d) ) is amended— (1) in paragraph (1)(A)— (A) by striking which is transmitted through radio and inserting which is in an audio format ; and (B) by striking By radio in the heading and inserting Audio format ; (2) in paragraph (1)(B)— (A) by striking which is transmitted through television and inserting which is in video format ; and (B) by striking By television in the heading and inserting Video format ; and (3) in paragraph (2)— (A) by striking transmitted through radio or television and inserting made in audio or video format ; and (B) by striking through television in the second sentence and inserting in video format . 403. Disclaimer requirements for communications made through prerecorded telephone calls (a) Application of requirements (1) In general Section 318(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(a) ) is amended by striking mailing each place it appears and inserting mailing, telephone call consisting in substantial part of a prerecorded audio message . (2) Application to communications subject to expanded disclaimer requirements Section 318(e)(1) of such Act ( 52 U.S.C. 30120(e)(1) ), as added by section 302(a), is amended in the matter preceding subparagraph (A) by striking which is transmitted in an audio or video format and inserting which is transmitted in an audio or video format or which consists of a telephone call consisting in substantial part of a prerecorded audio message . (b) Treatment as communication transmitted in audio format (1) Communications by candidates or authorized persons Section 318(d) of such Act ( 52 U.S.C. 30120(d) ) is amended by adding at the end the following new paragraph: (3) Prerecorded telephone calls Any communication described in paragraph (1), (2), or (3) of subsection (a) (other than a communication which is subject to subsection (e)) which is a telephone call consisting in substantial part of a prerecorded audio message shall include, in addition to the requirements of such paragraph, the audio statement required under subparagraph (A) of paragraph (1) or the audio statement required under paragraph (2) (whichever is applicable), except that the statement shall be made at the beginning of the telephone call. . (2) Communications subject to expanded disclaimer requirements Section 318(e)(3) of such Act ( 52 U.S.C. 30120(e)(3) ), as added by section 302(a), is amended by adding at the end the following new subparagraph: (D) Prerecorded telephone calls In the case of a communication to which this subsection applies which is a telephone call consisting in substantial part of a prerecorded audio message, the communication shall be considered to be transmitted in an audio format. . 404. No expansion of persons subject to disclaimer requirements on internet communications Nothing in this title or the amendments made by this title may be construed to require any person who is not required under section 318 of the Federal Election Campaign Act of 1971 to include a disclaimer on communications made by the person through the internet to include any disclaimer on any such communications. 405. Effective date The amendments made by this title shall apply with respect to communications made on or after January 1, 2023, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. V Severability 501. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.
September 13, 2022 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s4822pcs/xml/BILLS-117s4822pcs.xml |
117-s-4823 | II 117th CONGRESS 2d Session S. 4823 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Padilla (for himself, Mr. Markey , Mr. Sanders , Ms. Warren , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to remove the overtime wages exemption for certain employees, and for other purposes.
1. Short title This Act may be cited as the Guaranteeing Overtime for Truckers Act . 2. Amendment to the Fair Labor Standards Act of 1938 Section 13(b)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(b)(1) ) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s4823is/xml/BILLS-117s4823is.xml |
117-s-4824 | II 117th CONGRESS 2d Session S. 4824 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Menendez (for himself and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for proper oversight of North Korea policy, and for other purposes.
1. Short title This Act may be cited as the North Korea Policy Oversight Act of 2022 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) Nuclear nonproliferation treaty The term nuclear nonproliferation treaty means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (21 UST 483). 3. Findings Congress makes the following findings: (1) The world faces a greater risk of nuclear conflict today than at any time since the height of the Cold War, due to Russia’s threatened use of nuclear weapons during its invasion of Ukraine, China’s pursuing a rapid expansion of its nuclear arsenal, Iran’s continued efforts to pursue nuclear weapons, and Kim Jong-un’s relentless pursuit of nuclear weapons and ballistic missiles in the face of global condemnation and severe economic sanctions by the international community. (2) The North Korean nuclear program did not arise instantaneously, but is the culmination of the rogue regime's illegal efforts over 7 decades to acquire a viable deterrent that threatens both the United States and our critical allies in the Indo-Pacific region. (3) North Korea has conducted 6 nuclear tests since 2006, with each test increasing in explosive strength and sophistication. (4) North Korea's last nuclear test, occurring on September 3, 2017, was its largest nuclear explosion to date, registering a 6.3 magnitude earthquake according to the United States Geological Survey with an estimated yield of 140 kilotons. (5) According to open source analysis, North Korea has produced enough fissile material for at least 30 to 60 nuclear weapons. (6) North Korea maintains a robust ballistic missile portfolio that includes a diverse array of delivery systems capable of striking targets throughout the region, including short-range Scuds, medium-range No-Dong missiles, an increasingly capable cruise missile program, and intercontinental ballistic missiles that are potentially capable of targeting the United States homeland. (7) The Department of Defense estimates that North Korea currently wields approximately 200 launchers capable of firing short and medium range ballistic missiles. (8) Since January 2022, North Korea has conducted 13 ballistic missile tests, including at least three assessed in open source analysis to be intercontinental ballistic missiles. (9) Rigorous international economic sanctions applied since the passage of the North Korea Sanctions and Policy Enhancement Act of 2016 ( Public Law 114–122 ), including by the United States and the United Nations Security Council, intensified pressure on the regime and focused international attention on the urgency of the challenge posed by the Kim regime in Pyongyang. (10) The Government of the Democratic People’s Republic of Korea has flagrantly defied the international community by illicitly developing its nuclear and ballistic missile programs, in violation of United Nations Security Council Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2371 (2017), 2375 (2017), and 2397 (2017). (11) The Government of the Democratic People’s Republic of Korea engages in gross human rights abuses against its own people and citizens of other countries, including the United States, the Republic of Korea, and Japan. (12) In 2018 and 2019, the United States and North Korea engaged in intensive diplomacy, including three leader-level summits between Donald Trump and Kim Jong-Un, resulting in the first leader-level commitment from North Korea to denuclearize, as stated in the 2018 Singapore Joint Statement. (13) The stakes for the security of the United States and United States allies are such that all credible diplomatic options must be prioritized, resourced, and fully pursued, in addition to maintaining robust and credible deterrence. (14) Economic pressure and sanctions provide critical leverage in any such diplomatic negotiations and must be maintained and strengthened until the North Korean regime takes meaningful and verifiable actions toward denuclearization. (15) The North Korean regime has a record of failing to live up to its diplomatic commitments, rejecting good faith efforts by United States and international negotiators, and leveraging talks to extract concessions such as sanctions relief. (16) In order to prevent the North Korean regime from further developing, using, or disseminating nuclear or ballistic weapons, technology, and related material, the United States Government should continue a campaign of economic pressure and sanctions, counter-proliferation, containment, and deterrence until North Korea completely, verifiably, and irreversibly denuclearizes. (17) The North Korea Sanctions and Policy Enhancement Act of 2016 states that there can be no sanctions relief unless North Korea has made significant progress toward completely, verifiably, and irreversibly dismantling all of its nuclear, chemical, biological, and radiological weapons programs, including all programs for the development of systems designed in whole or in part for the delivery of such weapons . (18) The United States Government has successfully pursued a policy of deterrence, which has kept the American people safe from a nuclear attack from the Russian Federation, China, and other states with nuclear weapons, which have a combined nuclear arsenal of more than 7,000 warheads. (19) Over time, the United States policy of deterrence, containment, and diplomacy to reduce nuclear weapons risks protected the American people and contributed to the peaceful dissolution of the Soviet Union. (20) The United States, the Republic of Korea, and Japan are all free societies that are committed to the principles of inclusive democracy, respect for human potential and individual freedom, and the belief that the peaceful spread of these principles will result in a safer and brighter future for all of mankind. (21) The Governments and people of the United States, the Republic of Korea, and Japan can help realize this future through further strengthening their economic, political, social, cultural, and security relationships. (22) The Governments and people of the United States, the Republic of Korea, and Japan share a commitment to free and open markets, high standards for the free flow of commerce and trade, and the establishment of an inclusive architecture for regional and global trade and development. (23) The United States-Japan and United States-Republic of Korea security alliances have evolved considerably over many decades and will continue to share greater responsibilities and dedicate themselves to a secure and prosperous region and world. (24) Robust military posture, including regular training and exercises, by the United States, the Republic of Korea, and Japan, is critical to ensuring peace and stability in Northeast Asia. (25) In the absence of an imminent threat to the United States or its allies, a preventive war against North Korea would pose extraordinary risks to the United States and security in Northeast Asia and would require consent of Congress under article I of the Constitution. (26) With China engaging in a strategic breakout , as noted by United States Strategic Commander Admiral Charles Richard in August 2021, the United States faces an unprecedented strategic challenge in the Indo-Pacific region as China’s nuclear weapons program will alter the nuclear balance in the Indo-Pacific, including Northeast Asia. (27) An effective policy of deterrence requires— (A) clear, consistent, and credible messaging of costs to an adversary such that it recognizes that its use of nuclear weapons would result in massive retaliation; and (B) the vigorous use of diplomatic, economic, military, and other coercive tools to ensure stable deterrence and prevent an adversary from proliferating material or technology. (28) The United States requires a comprehensive diplomatic strategy that outlines the fundamental principles, actions, and verification and compliance mechanisms necessary to properly engage the Government of the Democratic People’s Republic of Korea on the full denuclearization of North Korea. 4. Statements of policy (a) In general It is the policy of the United States— (1) to pursue all credible diplomatic means to achieve the complete and verifiable dismantlement of North Korean nuclear weapons and ballistic and cruise missile programs; (2) until such time as denuclearization is achieved— (A) to deter North Korea from using weapons of mass destruction or leveraging those weapons to coerce United States allies; (B) to contain attempts by North Korea to proliferate such weapons and technologies; (C) to ensure that the United States and allies maintain credible deterrence against North Korea, including the presence of United States military troops in the Korean Peninsula and Japan, as well as the development and deployment of new military capabilities; and (D) to continue the maximum pressure campaign against North Korea and its enablers, in cooperation with the United Nations and the international community; (3) should diplomacy and deterrence fail to result in the complete, verifiable denuclearization of North Korea, to reserve the right to utilize all available options to protect and defend United States national security interests and meet United States treaty obligations; and (4) to uphold the Nuclear Nonproliferation Treaty and not recognize North Korea as a legitimate nuclear weapons state. (b) Diplomacy It is the policy of the United States— (1) to pursue diplomatic engagement, as appropriate and consistent with United States national security interests, with the North Korean regime for the purposes of— (A) advancing meaningful negotiations regarding denuclearization, including the Government of North Korea abandoning and dismantling its unlawful missile and nuclear weapons programs, ceasing its proliferation activities, and coming into compliance with all relevant international agreements and United Nations Security Council resolutions; (B) reducing the risks of military miscalculation; and (C) creating opportunities for the development of confidence building measures as part of a broader effort to denuclearize North Korea; (2) to formulate and carry out policy affecting the Korean Peninsula in close cooperation with United States allies, particularly the Republic of Korea; (3) to encourage all nations to deny North Korea the ability to maintain diplomatic missions on foreign soil until such time as the Government of the Democratic People’s Republic of Korea takes credible and verifiable steps toward denuclearization; (4) to encourage all nations to fully implement and enforce United Nations sanctions with respect to North Korea, including sanctions related to ending the practice of hosting overseas North Korean workers; (5) to increase the effectiveness of United States sanctions by seeking to work through the United Nations and with other like-minded countries to ensure a multilateral approach to sanctions; (6) to provide unmistakable assurance to Japan and the Republic of Korea, including through extended deterrence commitments and the presence of forward-deployed United States military forces, that the United States is committed to fulfilling its treaty obligations if they are attacked; (7) to resist actions by the People’s Republic of China (PRC) to use North Korea issues as a way to draw the attention of the United States Government away from other important regional issues and challenges; (8) to provide support for North Korean refugees and asylum seekers in accordance with United States law; (9) to promote the human rights and dignity of the North Korean people, including through the United Nations and other multilateral institutions; and (10) to seek opportunities for humanitarian actions, such as family reunification and the return of human remains. (c) Economic pressure It is the policy of the United States to sustain and calibrate economic pressure on North Korea until the regime undertakes meaningful and verifiable actions toward denuclearization, including by— (1) encouraging all nations to robustly implement and enforce existing United Nations sanctions; (2) leveraging the strength of the United States financial system to deny access by the Government of the Democratic People’s Republic of Korea and those with whom such government facilitates illicit financial transactions to the United States and global markets, including through the use of secondary sanctions; (3) encouraging all nations, consistent with United Nations Security Council resolutions, to end the practice of hosting North Korean citizens as guest workers, recognizing that such workers are demonstrated to constitute an illicit source of revenue for the Kim regime and its nuclear ambitions; (4) working with the international community on rigorous interdiction of shipments to and from North Korea, including ship-to-ship transfers, consistent with United Nations Security Council resolutions that have banned nearly every major export from North Korea; and (5) strictly implementing and enforcing United States laws with respect to sanctioning entities, including Russian and Chinese entities, that knowingly engage with sanctioned entities from North Korea or trade in items prohibited under United Nations Security Council resolutions. (d) Proliferation of nuclear and missile technology It is the policy of the United States— (1) to prevent the transfer of nuclear weapons, missile technology, or related material to or from North Korea and other states or non-state actors; (2) to support the efforts of the international community to detect, interdict, and prevent the transfers of nuclear or missile technology or related items to or from North Korea; (3) to prioritize close coordination with global partners, including through technical assistance and capacity building, to enhance the ability of the global community to monitor, interdict, and prosecute entities that engage in transfer of nuclear weapons, missile technology, or related material to or from North Korea; and (4) consistent with United States obligations under the Nuclear Nonproliferation Treaty to encourage all countries that are party to such treaty and International Atomic Energy Agency agreements to abide by their obligations and commitments. (e) Alliances and military posture It is the policy of the United States— (1) to reaffirm the importance of the United States-Japan and United States-Republic of Korea alliances for maintaining peace and stability in the Indo-Pacific region and beyond; (2) to reaffirm United States extended deterrence commitments to Japan and the Republic of Korea, and to back up such commitments with concrete actions such as prioritizing nuclear modernization to sustain credible deterrence; (3) to reaffirm the importance of the forward-deployed presence of United States military forces in Japan and Korea, and affirm close alliance coordination on any adjustment of United States military posture in the region; (4) to strengthen United States efforts to confront emerging or asymmetric challenges, including cyber and space; (5) to safeguard maritime security and ensure freedom of navigation, commerce, and overflight in the Indo-Pacific region; and (6) to cooperate with allies and partners in the provision of public goods to the region, including humanitarian relief and disaster response. (f) Military measures It is the policy of the United States— (1) to keep United States security commitments to United States allies in the face of North Korea’s continuing threat, including taking necessary actions for United States self-defense and the defense of United States allies, including joint military exercises, modernization of weapons systems deployed in the region, and robust counter-provocation planning by the United States and Republic of Korea Combined Forces Command; (2) consistent with longstanding United States interests in maintaining stability in Asia, to develop and deploy effective and reliable anti-ballistic missile capabilities to defend the United States homeland, United States forces in the region, and United States allies Japan and South Korea; (3) to formulate and carry out military planning and operations impacting the Korean Peninsula in close cooperation with United States allies, particularly the Republic of Korea and Japan; (4) to deter North Korea in a manner that bolsters the force posture and military strength of our alliance and partner networks in the broader Asia-Pacific region; and (5) to maintain, as necessary and appropriate, credible and overwhelming military options against the Government of the Democratic People’s Republic of Korea, consistent with efforts to deter the regime from use of nuclear weapons, ballistic missiles, and related technology. (g) Human rights It is the policy of the United States— (1) to continue to make it a priority to improve information access in North Korea by exploring the use of new and emerging technologies and expanding nongovernmental radio broadcasting to North Korea, including news and information, to increase information dissemination in the Democratic People’s Republic of Korea ( DPRK ); (2) to commit to exploring appropriate opportunities for coordinating efforts to plan for humanitarian needs in the DPRK; (3) to press for non-choreographed access for the Special Rapporteur on the situation of human rights in the DPRK and the United Nations High Commissioner for Human Rights; (4) to continue to seek cooperation from foreign governments to allow the United States to process North Korean refugees overseas for United States resettlement; (5) to urge the Government of the People’s Republic of China to halt forcible repatriation of North Koreans; (6) to promote democracy, human rights, and a market economy in North Korea; (7) to increase the availability of nongovernmental controlled information inside North Korea; and (8) to uphold the North Korean regime to resolve the issue of Japanese citizens abducted by the North Korean regime and to emphasize the need for their safe return. (h) Information dissemination efforts It is the policy of the United States— (1) to increase the flow of information, news, and cultural programming into North Korea, including through radio and television broadcasts, digital media, and other means; (2) to increase the flow of information to North Korean citizens, including through radio and television broadcasts, digital media, and other means; and (3) to fulfill all requirements under United States law, including the North Korea Sanctions and Policy Enhancement Act of 2016, with regard to providing resources for freedom of information efforts into North Korea, and to regularly consult with Congress regarding such efforts. (i) Strategy required (1) In general The President shall submit to the national security committees a detailed strategy, which may include a classified annex, for the implementation of policies outlined in subsections (b) through (h), augmented by briefings to the national security committees on a quarterly basis or as requested. (2) National security committees defined In this subsection, the term national security committees means— (A) the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives. 5. Diplomatic strategy (a) Diplomatic strategy report (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for a period of two years, the President shall submit to the appropriate congressional committees a report that describes— (A) how the diplomatic negotiations with the Government of the Democratic People's Republic of Korea are expected to proceed; and (B) actions taken by the United States Government to address the threats posed by, and the capabilities of, the Democratic People's Republic of Korea. (2) Elements Each report required under paragraph (1) shall include— (A) an overview of ongoing efforts by the United States Government to develop diplomatic strategies to ensure that North Korea returns to negotiations with the United States, as well as a negotiation strategy for the United States Government in the event that North Korea returns to negotiations with the United States, including an assessment of strategies— (i) to achieve peaceful denuclearization of North Korea; (ii) to eliminate the threat posed by the ballistic and cruise missile programs of the Democratic People's Republic of Korea; and (iii) to continue the maximum pressure campaign, in coordination with United States allies; (B) an assessment of— (i) the roadmap toward peaceful denuclearization of North Korea and the elimination of the nuclear, ballistic, and cruise missile threats posed by the Democratic People's Republic of Korea; (ii) specific actions that the Government of the Democratic People's Republic of Korea would need to take for such roadmap to become viable; (iii) specific actions that the United States Government could possibly take for such roadmap to become viable; (iv) specific actions that other countries in the Indo-Pacific, including the Republic of Korea, Japan, China, and Russia, could possibly take for such roadmap to become viable; and (v) specific actions that international and regional institutions could possibly take for such roadmap to become viable; and (C) a summary of the United States strategy to increase international coordination and cooperation, whether unilaterally, bilaterally, or multilaterally, including sanctions implementation, enforcement, and interdiction— (i) to encourage credible diplomatic engagement by the DPRK; and (ii) to address any threat posed by the nuclear, ballistic, and cruise missile programs of the Democratic People's Republic of Korea. (3) Form Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex. (4) Updates Should the United States and North Korea engage in bilateral or multilateral diplomacy to achieve, implement, or verify that North Korea’s denuclearization is ongoing, the President shall augment the first strategy report submitted with written updates on the negotiation process, to be submitted to the appropriate congressional committees every 45 days thereafter. (b) Policy of the United States with respect to sanctions against the Democratic People’s Republic of Korea Not later than 30 days after terminating any sanction with respect to the activities of the Government of the Democratic People’s Republic of Korea, a person acting for or on behalf of that government, or any other person as provided for in Executive Order 13687 or Executive Order 13722, to the extent relevant, the Secretary of State shall submit to the appropriate congressional committees a report regarding the cessation of any illicit activity, including any implicated by United Nations Security Council Resolution 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2371 (2017), or 2375 (2017), by that government or person. (c) Alliances and military posture and extended deterrence (1) Report on United States force posture in the United States Indo-Pacific command area of responsibility (A) In general Not later than 90 days after the date of the enactment of this Act, and annually thereafter for a period of two years, the Secretary of Defense shall submit to the appropriate congressional committees a report providing an assessment of the effect of any negotiations or agreements with the DPRK on United States security interests and United States military presence and alliance implications in the United States Indo-Pacific Command area of responsibility. (B) Elements The report required under subparagraph (A) shall include— (i) a review of current and emerging United States national security interests in the United States Indo-Pacific Command area of responsibility; (ii) a review of current United States military force posture and deployment plans of the United States Indo-Pacific Command; and (iii) the views of counterpart governments, including military commanders in the region, of the impact of negotiations or agreements with the DPRK on United States extended deterrence commitments to the Republic of Korea. (2) Report on United States force posture in the United States Forces Korea area of responsibility (A) In general Not later than 90 days after the date of the enactment of this Act, and every year thereafter for a period of two years, the Secretary of Defense shall submit to the appropriate congressional committees a report providing an assessment of the effect of any negotiations or agreements with the DPRK on United States security interests and United States military presence and alliance implications in the United States Forces Korea area of responsibility. (B) Elements The report required under subparagraph (A) shall include— (i) a review of current and emerging United States national security interests in the United States Forces Korea area of responsibility; (ii) a review of current United States military force posture and deployment plans of the United States Forces Korea; and (iii) the views of counterpart governments, including military commanders in the region, of the impact of negotiations or agreements with the DPRK on United States extended deterrence commitments to the Republic of Korea. (3) Report on United States force posture in the United States forces Japan area of responsibility (A) In general Not later than 90 days after the date of the enactment of this Act, and annually thereafter for a period of two years, the Secretary of Defense shall submit to the appropriate congressional committees a report providing an assessment of the effect of any negotiations or agreements with the DPRK on United States security interests and United States military presence and alliance implications in the United States Forces Japan area of responsibility. (B) Elements The report required under subparagraph (A) shall include— (i) a review of current and emerging United States national security interests in the United States Forces Japan area of responsibility; (ii) a review of current United States military force posture and deployment plans of the United States Forces Japan; and (iii) the views of counterpart governments, including military commanders in the region, of the impact of negotiations or agreements with the DPRK on United States extended deterrence commitments to Japan. (4) Authority to consolidate reports Any reports required to be submitted under this subsection to the appropriate congressional committees that are subject to a deadline for submission consisting of the same unit of time may be consolidated into a single report. The consolidated report shall contain all information required under this Act with respect to the reports comprising such consolidated report. 6. Briefings (a) Member briefings (1) In general Following each round of diplomatic talks between the United States and North Korea, the Secretary of State and the Director of National Intelligence shall hold, for the appropriate congressional committees and congressional leaders, briefings on the negotiations. (2) Classification The briefings required under paragraph shall be held in a classified format. (b) Staff briefings (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, with the concurrence of the Director of National Intelligence, shall hold monthly briefings for cleared national security staff members of the appropriate congressional committees. (2) Classification The briefings required under paragraph (1) shall be held in a classified format. 7. Congressional hearings During each quarterly period that diplomatic talks undertaken between the United States and North Korea continue, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives shall, as appropriate, hold hearings and otherwise obtain information in order to fully review the negotiations. 8. Oversight of agreements with North Korea (a) Transmission to congress of nuclear agreements with north korea and verification assessment with respect to such agreements (1) Transmission of agreements Not later than 5 days after reaching an agreement with North Korea relating to the nuclear and missile program of North Korea, the President shall transmit to the appropriate congressional committees, the majority and minority leader of the Senate and the Speaker, majority leader, and minority leader of the House of Representatives— (A) the agreement, including all related materials and annexes; and (B) a verification assessment report prepared by the Secretary of State in accordance with paragraph (2). (2) Verification assessment report (A) In general The Secretary of State shall prepare, with respect to an agreement described in paragraph (1), a report assessing— (i) the extent to which the United States Government will be able to verify that North Korea is complying with its obligations and commitments under the agreement, including how North Korea might attempt to conceal its program; (ii) the adequacy of the safeguards and other control mechanisms and other assurances contained in the agreement with respect to North Korean nuclear and missile programs to ensure North Korea activities are limited to the subset of activities permitted under the agreement; and (iii) the capacity and capability of the United States and international organizations, such as the International Atomic Energy Agency, to effectively implement the verification regime required by or related to the agreement, including whether the United States or international organizations will have— (I) sufficient access to— (aa) all nuclear facilities that span the entire nuclear fuel cycle; (bb) facilities associated with the nuclear weaponization program; (cc) facilities associated with its missile program; and (dd) declared and undeclared sites; and (II) the ability to investigate suspicious sites or allegations of covert nuclear-related activities. (B) Classified annex The report required under subparagraph (A) shall be transmitted in unclassified form, but shall include a classified annex prepared in consultation with the Director of National Intelligence, summarizing relevant classified information. (b) Sense of congress on north korea final agreement It is the sense of Congress that any binding agreement between the United States and the Democratic People’s Republic of Korea should be submitted to the United States as a treaty and subject to the advice and consent of the Senate in accordance with article II, section 2, clause 2 of the Constitution of the United States. 9. Additional reports (a) Verification and compliance reports (1) In general Not later than 90 days after entering into an agreement with North Korea, the Secretary of State, with the concurrence of the Director of National Intelligence, shall submit to the appropriate congressional committees a report on North Korea’s record of verification and compliance. (2) Classification The report required under paragraph— (A) may be submitted in classified form; (B) shall contain an unclassified executive summary; and (C) may contain an unclassified annex. (b) Semi-Annual report Not later than 180 days after entering into an agreement with North Korea, and not less frequently than once every 180 days thereafter for a period of two years, the President shall submit to the appropriate congressional committees and leadership a report on North Korea’s nuclear and missile program and the compliance of North Korea with the agreement during the period covered by the report, which shall include— (1) a description of any action or failure to act by the Government of the Democratic People’s Republic of Korea that breached the agreement or is in noncompliance with the terms of the agreement; (2) a description of the status and activities of any North Korea nuclear facilities related to the nuclear fuel cycle, including mining and exploration, milling, conversion, enrichment, fuel fabrication, reactors, reprocessing, and storage; (3) a description of the status and activities of any North Korea nuclear facilities related to the North Korean nuclear weaponization program, including research and development, education and training, and testing; (4) a description of the status and activities of any North Korea missile facilities, including research and development, production, testing, and basing; (5) a description of any delay by the Government of the Democratic People’s Republic of Korea of more than 1 week in providing inspectors access to facilities, people, and documents in North Korea as required by the agreement; (6) a description of any covert nuclear activities undertaken by the Government of the Democratic People’s Republic of Korea, including any covert nuclear weapons-related, covert fissile material activities, covert missile activities, or research and development; and (7) a description of any transfer or diversion by the Government of the Democratic People’s Republic of Korea of its nuclear materials, components, technology, or equipment to state or non-state actors. 10. Report on North Korean cyber activities to fund its weapons program (a) Finding As North Korea continues to be cut off from the international financial system, North Korea increasingly relies on new methods and means—such as cryptocurrency, digital currency, and cyberattacks—to finance its nuclear weapons and ballistic missiles programs. A February 2022 United Nations report found that North Korean hackers stole more than $50,000,000 in cryptocurrencies between 2020 and mid-2021. The report follows the United Nations’ 2019 findings that North Korea had accumulated an estimated $2,000,000,000 in stolen assets to facilitate its weapons program through cyberattacks. (b) Report (1) In general Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, and the Attorney General, shall submit to the appropriate congressional committees a report on North Korea’s use of cyberattacks and cryptocurrency and other digital currency to finance its nuclear weapons and ballistic missiles programs, including through the evasion of sanctions. (2) Elements The report required under subparagraph (A) shall include— (A) a review of how North Korea uses cyberattacks, including stealing virtual assets, to support its nuclear weapons and ballistic missiles programs; (B) a discussion of how cryptocurrency exchanges and exchange operators facilitate North Korean theft, and recommendations for sanctioning persons and entities linked to illicit cryptocurrency exchange; (C) a review of how the United States Government is tracing, disrupting, interdicting, and deterring these attacks, including— (i) efforts to deter telecommunications companies from facilitating North Korean cyberattacks directed at digital financial platforms; (ii) efforts to deter over-the-counter (OTC) brokers and other actors from laundering digital assets and converting such assets to fiat currencies; (iii) efforts to coordinate cryptocurrency regulations with partners and allies, including through forums like the United Nations, the Financial Action Task Force, the Group of Seven, and the Group of Twenty; and (iv) efforts to increase intelligence sharing on cyber threats with partners and allies to better trace North Korean cyberattacks and cyber theft of digital assets; and (D) a review of how the United States Government is working with its allies and partners, as well as international institutions and the private sector, to trace, disrupt, interdict, and deter North Korea’s cyberattacks. 11. Imposition of sanctions with respect to use of cryptocurrency to evade sanctions imposed with respect to North Korea and abduction by North Korean persons of citizens of Japan Section 104(a) of the North Korea Sanctions and Policy Enhancement Act of 2016 ( 22 U.S.C. 9214(a) ) is amended— (1) in paragraph (14), by striking ; or and inserting a semicolon; (2) by redesignating paragraph (15) as paragraph (17); (3) by inserting after paragraph (14) the following: (15) knowingly uses or has used, or directly facilitates or has directly facilitated the use of, cryptocurrency, a digital currency, or a comparable monetary instrument to evade sanctions with respect to North Korea imposed by the United States or pursuant to an applicable United Nations Security Council resolution; (16) is a North Korean person and knowingly participated in or facilitated the abduction of a citizen of Japan; or ; and (4) in paragraph (17), as redesignated by paragraph (2) of this section, by striking (14) and inserting (16) . 12. Report on the political, economic, social stability of North Korea Not later than 180 days after the enactment of this Act, the Secretary of State, the Secretary of Defense, and the Director of National Intelligence shall jointly submit to Congress a classified report on the political, economic, and social stability of North Korea. 13. Special representative for North Korea (a) In general There is established, within the Department of State, the Office of the Special Representative for North Korea (in this section referred to as the Office ). The head of the Office shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate. The head of the Office shall report directly to the Secretary of State. (b) Duties The head of the Office shall have such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the policy of the United States towards North Korea, preparations for possible negotiations with North Korea, and long-term planning for various scenarios with respect to the Korean Peninsula. (c) Independence of the Office The Office of the Special Representative for North Korea shall maintain management and budget independence and shall maintain an adequate number of dedicated staff. (d) Briefing Not later than 180 days after the date of the enactment of this Act, the Department of State shall brief the appropriate congressional committees on the structure and priorities of the Office, including with respect to staffing and management. | https://www.govinfo.gov/content/pkg/BILLS-117s4824is/xml/BILLS-117s4824is.xml |
117-s-4825 | II 117th CONGRESS 2d Session S. 4825 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Rubio (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To criminalize the intentional obstruction of roadways on the Interstate System.
1. Short title This Act may be cited as the Safe Passage on Interstates Act . 2. Obstruction of interstate highways (a) In general Chapter 65 of title 18, United States Code, is amended by adding at the end the following: 1370. Obstruction of interstate highways (a) Definition In this section, the term interstate highway means a highway on the Interstate System (as defined in section 101(a) of title 23). (b) Offense (1) In general It shall be unlawful to knowingly engage in an activity described in paragraph (2) on an interstate highway with the intent to obstruct the free, convenient, and normal use of the interstate highway. (2) Activities described The activities described in this paragraph are— (A) deliberately delaying traffic on an interstate highway; (B) standing or approaching a motor vehicle on an interstate highway; or (C) endangering the safe movement of a motor vehicle on an interstate highway. (3) Exception Paragraph (1) shall not apply to any lawful activity conducted or authorized by the United States, a State, or a political subdivision of a State. (c) Penalties (1) In general Any person who violates subsection (b) shall be fined not more than $10,000, imprisoned for not more than 15 years, or both. (2) Obstruction of emergency vehicle Any person who, in the course of violating subsection (b), knowingly obstructs the passage of an authorized emergency vehicle (as defined in section 1001.4 of title 36, Code of Federal Regulations, or any successor regulation) shall be fined not more than $15,000, imprisoned for not more than 20 years, or both. (3) Violation resulting in death Any person who commits a violation of subsection (b) that results in the death of any other person shall be fined not more than the applicable amount under paragraph (1) or (2) of this subsection, imprisoned for any term of years or for life, or both. . (b) Technical and conforming amendment The table of sections for chapter 65 of title 18, United States Code, is amended by adding at the end the following: 1370. Obstruction of interstate highways. . | https://www.govinfo.gov/content/pkg/BILLS-117s4825is/xml/BILLS-117s4825is.xml |
117-s-4826 | II 117th CONGRESS 2d Session S. 4826 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mrs. Feinstein (for herself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Healthy Forests Restoration Act of 2003 to modify the definition of the term at-risk community .
1. Short title This Act may be cited as the Community Wildfire Protection Act of 2022 . 2. Definition of at-risk community Section 101(1) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511(1) ) is amended— (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. | https://www.govinfo.gov/content/pkg/BILLS-117s4826is/xml/BILLS-117s4826is.xml |
117-s-4827 | II 117th CONGRESS 2d Session S. 4827 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Cassidy (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Health and Human Services to establish a national sepsis data trust, and to fund State-based pilots and programs to establish interoperable State-based sepsis data trusts.
1. Short title This Act may be cited as the National Sepsis Data Trust, Outcomes, and Innovation Act or LuLu’s Law . 2. Treating and eliminating the burden of sepsis Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–7. Treating and eliminating the burden of sepsis (a) Definition; designation (1) Definition of sepsis Not later than 120 days after the date of enactment of the National Sepsis Data Trust, Outcomes, and Innovation Act , the Secretary shall issue a rule specifying a definition of sepsis. Such definition may specify that sepsis is a life-threatening organ dysfunction caused by a dysregulated host response to infection. Such definition shall be standardized across departments, agencies, and other entities within the Department of Health of Human Services. (2) Nationally notifiable disease The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall take such steps as may be necessary to include sepsis on the list of nationally notifiable diseases published by the Centers for Disease Control and Prevention. (b) National strategy (1) In general The Secretary shall develop a national strategy— (A) to treat and eliminate the burden of sepsis, with the specific goals of, with respect to sepsis— (i) coordinating data (including through the data trust established under subsection (d)); (ii) spurring research; and (iii) developing diagnostic tools and treatments; (B) to decrease instances of sepsis and mitigate long-term health effects of sepsis; and (C) that includes specific actions to be taken to treat and eliminate the burden of sepsis among at-risk populations identified pursuant to paragraph (3). (2) Coordination In developing the strategy under paragraph (1), the Secretary may coordinate among agencies within the Department of Health and Human Services and other Federal agencies, academic institutions, and non-profit organizations. (3) At-risk populations The Secretary shall identify population groups the Secretary determines to be at a higher risk for contracting sepsis, which shall include— (A) children; (B) pregnant women or women in the one year postpartum period; (C) active members of the Armed Forces and veterans; (D) disabled and elderly individuals; (E) individuals residing on federally-recognized Tribal lands; and (F) such other groups as the Secretary determines to be at higher risk for contracting sepsis. (c) State-Based sepsis data trust pilot programs (1) In general Subject to the availability of appropriations, the Secretary shall award grants to not more than 5 States to establish pilot programs— (A) to collect into State-based sepsis data trusts that use standardized data formats and coding (as determined by the Secretary) de-identified patient data concerning— (i) demographic information about each case of sepsis in each such State; (ii) administrative information with respect to each such case, including the date of diagnosis and the source of information; (iii) pathological and genetic material characterizing each such case (including deoxyribonucleic acids (DNA), ribonucleic acids (RNA), single cell RNA, genes, chromosomes, genotype, alleles, epigenetic alteration or modifications to DNA or RNA, single nucleotide polymorphisms (SNPs), uninterpreted data that results from analysis of a biological sample from a diagnosed sepsis patient or other source, and any information extrapolated, derived, or inferred therefrom); (iv) clinical information, including relevant diagnoses, treatment, and patient-reported outcomes of the individuals with sepsis and sepsis survivors; (v) with respect to each case of sepsis in each such State, the number of staff working in the relevant unit of the health care provider involved; (vi) provider payments that result from a sepsis diagnosis; and (vii) other elements determined appropriate by the Secretary; and (B) to combine and connect data so collected among such States. (2) Data trust guidelines (A) In general The Secretary shall establish governance guidelines, data access requirements, privacy and security protocols, and other such standards as may be required to support the establishment of interoperable State-based sepsis data trusts for purposes of the national sepsis data trust to be established under subsection (d). (B) Data sharing The guidelines established under subparagraph (A) shall specify that— (i) no entity participating in the data trust may share patient data with any entity not participating in the data trust; and (ii) an entity shall agree, as a condition on participation in the data trust to not share any patient data with any entity not participating in the data trust. (3) Selection criteria In reviewing applications submitted by States for grants under this section, the Secretary shall consider whether the States submitting such applications demonstrate established partnerships with a range of public and private stakeholders. Of the States that demonstrate such partnerships, the Secretary shall select— (A) at least one State that has a death rate from septicemia of greater than 15 people per 100,000 people per year and 1,500 deaths per year for the 5 calendar years preceding the declaration of the public health emergency with respect to COVID–19; (B) at least one rural State with above average sepsis mortality rate; (C) a selection of other States in such a manner as to ensure diversity of population density, geographic location, and general health care access and infrastructure; and (D) other States in such a matter as to ensure geographic and population diversity. (4) Alternative criteria If no State meeting the criteria specified in paragraph (3) establishes a pilot program in coordination with the Secretary within 3 years of the date of enactment of the National Sepsis Data Trust, Outcomes, and Innovation Act , the Secretary may identify alternative requirements for such States. (5) Reporting Not later than 18 months after the date on which a State successfully (as determined by the Secretary) establishes a State-based sepsis data trust using funds received through a grant under this subsection, the State shall submit to the Secretary a report. Such report shall include, with respect to the State-based sepsis data trust involved— (A) the process by which the State established the data trust, including governance and data access rules; (B) the process by which data was collected, de-identified, and standardized across multiple data systems; (C) implementation barriers experienced and the course of corrective action taken to address these barriers; and (D) lessons learned through the establishment of the data trust. (6) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2023 through 2028. (d) National Sepsis Data Trust (1) In general The Secretary shall establish a national sepsis data trust to improve research, outcomes, and innovation in support of the national strategy developed under subsection (b) (including the actions to be taken pursuant to paragraph (1)(C) of such subsection). Such national sepsis data trust shall— (A) accelerate innovation that seeks to improve sepsis prevention, diagnosis, treatment, outcomes, and survivor support, including through— (i) advancing the pace of academic research; and (ii) catalyzing more investment in mechanisms that provide promise in the early recognition and expeditious treatment of sepsis; (B) support public health efforts to improve sepsis care, particularly in underserved geographic areas and among at-risk and underserved communities; (C) improve the targeting of antimicrobial drugs and other substances for the treatment of sepsis, promoting both better care and improved antimicrobial stewardship; (D) coordinate and integrate the development of State-based sepsis data trusts, including by defining data elements to be included in State-based sepsis data trusts, including self-reported data on age, race, ethnicity, primary language, membership in a federally-recognized Tribe, status as a member of the Armed Forces, status as a veteran, status as pregnant or recently pregnant, and any other data the Secretary determines appropriate; (E) provide for appropriate privacy and security of de-identified data in the data trust by— (i) prohibiting any entity participating in the data trust from sharing patient data with any entity not participating in the data trust; and (ii) ensuring that an entity agrees, as a condition on participation in the data trust to not share any patient data with any entity not participating in the data trust; and (F) allow access to data de-identified data in the data trust by health care providers and other entities participating in the data trust. (2) State grants and contracts (A) In general In addition to awarding grants under subsection (c), the Secretary may award grants directly to States to support the development and operation of State-based sepsis data trusts (or award grants or contracts to academic or nonprofit organizations designated by a State to operate the State-based sepsis data trust involved) to combine and connect data collected by the State concerning— (i) demographic information about each case of sepsis in each such State; (ii) administrative information with respect to each such case, including the date of diagnosis and the source of information; (iii) pathological and genetic data characterizing each such case; (iv) clinical information, including relevant diagnoses, treatment, and patient-reported outcomes of the individuals with sepsis and sepsis survivors; and (v) other elements, as the Secretary determines appropriate. (B) Matching funds The Secretary may award a grant or contract under paragraph (2) only if the State involved (or the academic or nonprofit private organization designated by a State to operate the State-based sepsis data trust involved) agrees, with respect to the costs of the program to be funded through the award, to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs. (C) Data trust guidelines The guidelines developed under subsection (c)(2) shall apply with respect to State-based sepsis data trusts established under this paragraph in the same manner and to the same extent as such guidelines apply with respect to State-based sepsis data trusts established under subsection (c) (including the data sharing limitations specified in paragraph (2)(B) of such subsection). (3) Report on government sepsis data activities and resources Not later than 180 days after the date of enactment of the National Sepsis Data Trust, Outcomes, and Innovation Act , the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing the following: (A) An outline of existing Federal efforts to collect and make available data on sepsis and its associated conditions, including existing Federal repositories of sepsis-relevant de-identified patient data. (B) A summary of the use of these sepsis data by third parties, including public health professionals, physicians and nurses, and researchers. (C) A description of Federal efforts to improve care related to sepsis and infection in underserved populations and communities that experience disproportionately poor health outcomes. (e) Definitions In this section: (1) De-identified The term de-identified means, with respect to data in a data trust established under or pursuant to this section, information that has been de-identified (and remains de-identified) in accordance with the applicable requirements of section 164.514 of title 45, Code of Federal Regulations (or any successor regulation). (2) National sepsis data trust The term national sepsis data trust means an interoperable, de-identified, privacy-protected collection, curation, and storage system that contains de-identified data from a variety of sources established by individual States, with data made available to entities and individuals approved by the Secretary. . | https://www.govinfo.gov/content/pkg/BILLS-117s4827is/xml/BILLS-117s4827is.xml |
117-s-4828 | II 117th CONGRESS 2d Session S. 4828 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Peters (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 provide consistent leadership, purpose, and administrative support for the primary governmentwide executive councils, and for other purposes.
1. Short title This Act may be cited as the Governmentwide Executive Councils Administration and Performance Improvement Act . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of General Services. (2) Associate Administrator The term Associate Administrator means the head of the Office of Executive Councils established pursuant to section 4. (3) Director The term Director means the Director of the Office of Management and Budget. (4) Governmentwide executive council The term governmentwide executive council means— (A) the Chief Acquisition Officers Council, established pursuant to Section 1311 of title 41, United States Code; (B) the Chief Data Officer Council, established pursuant to Section 3520A of title 44, United States Code; (C) the Chief Financial Officers Council, established pursuant to Section 302 of the Chief Financial Officers Act of 1990 ( 31 U.S.C. 901 note; Public Law 101–576 ); (D) the Chief Human Capital Officers Council, established pursuant to Section 1303 of the Homeland Security Act of 2002 ( 5 U.S.C. 1401 note; Public Law 107–296 ); (E) the Chief Information Officers Council, established pursuant to Section 3603 of title 44, United States Code; (F) the Performance Improvement Council, established pursuant to Section 1124(b) of title 31, United States Code; and (G) any other council designated as a governmentwide executive council, pursuant to the requirements of section 6 of this Act. 3. Responsibilities of governmentwide executive councils (a) In general In addition to any authority provided to a governmentwide executive council elsewhere in law, each governmentwide executive council shall— (1) maintain a publicly accessible website that includes information relating to the mission, purpose, priorities, and membership of the governmentwide executive council; (2) develop and publish on the website described in paragraph (1) a charter outlining the roles of members, responsibilities, procedures, and other relevant information concerning the governmentwide executive council; (3) provide legislative, policy, project funding, or shared services recommendations to the Director and the Administrator related to the specific area of expertise of the governmentwide executive council; and (4) serve as a primary advisory body to the Director on the development and execution of— (A) the Federal Government performance plan under section 1115(a) of title 31, United States Code; and (B) the Federal Government priority goals under section 1120(a) of title 31, United States Code. (b) Strategic plan (1) In general Not more than 90 days after the date of enactment of this Act, each governmentwide executive council, after receiving input and recommendations from all members, shall publish a strategic plan for the governmentwide executive council that identifies the goals, priorities, and expectations of the governmentwide executive council. (2) Updates The leadership of each governmentwide executive council shall update and affirm the strategic plan required under paragraph (1) not less frequently than once every 2 years. (3) Submission to Congress Each governmentwide executive council shall promptly submit the strategic plan published under paragraph (1), or updated under paragraph (2), to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives . 4. Harmonizing administrative support for governmentwide executive councils (a) Office of Executive Councils There is established in the General Services Administration the Office of Executive Councils. (b) Duties The Office of Executive Councils shall— (1) in consultation with the Director, provide administrative, project management, and other support to the governmentwide executive councils; (2) detail employees to 1 or more governmentwide executive council, as needed, to support the operations and functions of each governmentwide executive council; (3) collect and transfer funds to support the priorities of the governmentwide executive councils, as provided in appropriations acts; and (4) subject to approval of the leadership of a governmentwide executive council, submit any reports, provide any information, or respond to any requests required by Congress. (c) Functional Independence The Office of Executive Councils shall by headed by an Associate Administrator who shall— (1) be appointed by the President; (2) report to the Director; (3) carry out additional duties and functions the Director, in consultation with the Administrator, requests; and (4) represent the collective viewpoints and priorities of the governmentwide executive councils and their membership. (d) Prohibition The Office of Executive Councils may not provide any administrative or project management services to an entity unless the entity is designated by the Director and affirmed by Congress pursuant to section 6. 5. Harmonizing governmentwide executive council leadership roles (a) Title 41 Section 1311 of title 41, United States Code, is amended— (1) in subsection (b)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4); and (2) in subsection (c)— (A) in paragraph (1), by striking Deputy Director for Management of the Office of Management and Budget and inserting Administrator ; (B) by striking paragraph (3); and (C) by redesignating paragraph (4) as paragraph (3). (b) Title 44 Title 44, United States Code, is amended— (1) in section 3520A— (A) in subsection (a), by striking Office of Management and Budget and inserting executive branch ; (B) in subsection (c) by striking paragraphs (2) and (3) and inserting the following: (2) Chair The Chair of the Council shall be the Administrator of the Office of Electronic Government. (3) Vice chair The Council shall select from among its members a Vice Chair of the Council. ; (C) by redesignating subsections (d) and (e) as subsections (e) and (f); and (D) by inserting before subsection (e), as so redesignated, the following: (d) Support The Administrator of General Services shall provide administrative and other support for the Council. ; and (2) in section 3603— (A) in subsection (b)— (i) by striking paragraphs (1) and (3); (ii) by redesignating paragraphs (2) and (4) through (7) as paragraphs (1) through (5), respectively; and (iii) in paragraph (1), as so redesignated, by inserting before the period , who shall serve as Chair of the Council ; and (B) in subsection (c)(1), by striking on behalf of the Deputy Director for Management . (c) Chief Financial Officers Act of 1990 Section 302 of the Chief Financial Officers Act of 1990 ( 31 U.S.C. 901 note) is amended— (1) in subsection (a)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) in paragraph (1), as so redesignated, by inserting , who shall serve as chair of the council after Management and Budget ; and (D) in paragraph (2), as so redesignated, by inserting , who shall serve as vice chair of the council after Secretary of Treasury ; and (2) by adding at the end the following: (c) Support The Administrator of General Services shall provide administrative and other support for the council. . (d) Homeland Security Act of 2002 Section 1303 of the Homeland Security Act of 2002 ( 5 U.S.C. 1401 note) is amended by adding at the end the following: (e) Support The Administrator of General Services shall provide administrative and other support for the Council. . (e) Title 31 Section 1124(b) of title 31, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) Establishment There is established in the executive branch a Performance Improvement Council. ; (2) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5); and (3) by inserting after paragraph (1) the following: (2) Membership The Performance Improvement Council shall consist of— (A) a designee of the Director of the Office of Management and Budget; (B) the Performance Improvement Officer from each agency defined in section 901(b) of this title; (C) other Performance Improvement Officers as determined appropriate by the chairperson; and (D) other individuals as determined appropriate by the chairperson. . (3) Chairperson and vice chairperson (A) Chairperson The chairperson of the Performance Improvement Council shall be a designee of the Deputy Director of Management of the Office of Management and Budget. (B) Vice chairperson The Performance Improvement Council shall select from among its members a Performance Improvement Officer to serve as vice chairperson. . 6. Authorities of the Director (a) Designation Subject to the requirements in subsection (b), the Director may designate 1 or more other councils to be a governmentwide executive council. (b) Submission to Congress; Review (1) Justification for designation If the Director makes the determination to designate 1 or more councils to be a governmentwide executive council, the Director shall— (A) provide a justification for the designation to the Committees on Homeland Security and Governmental Affairs and Appropriations of the Senate and the Committees on Oversight and Reform and Appropriations of the House of Representatives; and (B) include in the justification required under subparagraph (A)— (i) the name of the council; (ii) the names of the chair and vice chair of the council; (iii) the agencies that will be members of the council; (iv) the expected goals, functions, and priorities of the council; (v) the expected annual costs to support the functions of the council; and (vi) any other information the Director determines to be necessary regarding the designation of the council to be a governmentwide executive council. (2) Approval Any designation by the Director shall be deemed approved unless, not later than 30 days after the date on which each chair and ranking member of the committees described under paragraph (1)(A) receive the justification, the chair and ranking member of 1 or more of the Committees provided the justification under paragraph (1)(A) jointly notify the Director of their disapproval for the designation. (c) Requirements If the designation of a new governmentwide executive council is approved pursuant to subsections (a) and (b), that governmentwide executive council shall be subject to the requirements under section 3. 7. Technical Amendments (a) Title 31 Section 503 of title 31, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (12); and (B) by redesignating paragraphs (13) and (14) as paragraphs (12) and (13); and (2) in subsection (b)— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9). (b) Title 44 Section 3602(f) of title 44, United States Code, is amended— (1) by striking paragraph (7); and (2) by redesignating paragraphs (8) through (17) as paragraphs (7) through (16). | https://www.govinfo.gov/content/pkg/BILLS-117s4828is/xml/BILLS-117s4828is.xml |
117-s-4829 | II 117th CONGRESS 2d Session S. 4829 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Peters (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To create intergovernmental coordination on addressing perfluoroalkyl and polyfluoroalkyl substance contamination, and for other purposes.
1. Short title This Act may be cited as the PFAS Intergovernmental Coordination Act . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (B) the Committee on Oversight and Reform of the House of Representatives . (2) Director The term Director means the Director of the Office of Management and Budget. (3) PFAS The term PFAS means a perfluoroalkyl or polyfluoroalkyl substance that is man-made and has not fewer than 1 fully fluorinated carbon atom. (4) Working group The term working group means the working group established under section 3(a). 3. Creation of working group (a) Establishment Not later than 90 days after the date of enactment of this Act, the Director shall establish a working group to facilitate more effective cooperation, coordination, and mutual accountability among every level of the Federal Government and State, local, and Tribal governments on a holistic response to PFAS contamination in communities across the United States. (b) Termination (1) Termination date The working group shall terminate on the date that is 2 years after the date on which the working group is established. (2) Extension Based on the recommendation of the working group described in section 6(a)(2), the Director may extend the working group beyond the termination date. 4. Membership and meetings (a) Appointment The Director shall appoint to the working group representatives with expertise in PFAS from Federal agencies, State, local, and Tribal governments and academic research institutions, including— (1) not less than 1 representative from— (A) the Environmental Protection Agency; (B) the Department of Defense; (C) the Council on Environmental Quality; (D) the Department of Veterans Affairs; (E) the Department of Agriculture; (F) the National Science Foundation; (G) an institution of higher education engaged in PFAS contamination research; and (H) any other relevant entity, as determined by the Director; (2) not less than 5 representatives from the Department of Health and Human Services, including not less than 1 representative from— (A) the Centers for Disease Control and Prevention; (B) the Agency for Toxic Substances and Disease Registry; (C) the National Institute for Occupation Safety and Health; (D) the National Institutes of Health; and (E) the Food and Drug Administration; and (3) not less than 15 representatives from a diverse cross-section of State, local, and Tribal governments, including not less than 5 representatives from— (A) State governments; (B) local governments; and (C) Tribal governments. (b) Consultation The Director may consult relevant entities in selecting appointees to the working group. (c) Chair The Director may chair the working group or designate a chair. (d) Meetings The working group shall convene on a quarterly basis. 5. Duties of the working group The duties of the working group shall include— (1) considering the common challenges in addressing PFAS contamination across every level of the Federal Government and State, local, and Tribal governments; (2) facilitating more effective cooperation, coordination, and mutual accountability among every level of the Federal Government and State, local, and Tribal governments on a holistic response to PFAS contamination; (3) incorporating the diverse perspectives of the working group to devise ways to— (A) improve the administration and coordination of responses to PFAS contamination; and (B) mitigate future PFAS contamination; (4) providing steps for more productive intergovernmental collaboration in the future, including enhanced communication protocols and recommendations and solutions that would fully address PFAS contamination across the Federal Government and State, local, and Tribal governments; and (5) any other relevant duties as determined by the working group. 6. Report (a) Report Not later than 2 years after the date of enactment of this Act, the Director shall submit to the appropriate congressional committees a report that— (1) describes any guidelines created in performing the duties under section 5; and (2) makes a recommendation with respect to extending the authorization of the working group. (b) Briefing Not later than 90 days after the date on which the Director submits the report required under subsection (a), the Director shall brief the appropriate congressional committees on the implementation of any guidelines described in subsection (a)(1). (c) Publishing After Congress has been given the opportunity to review the report described in subsection (a) and has been briefed by the Director, and not later than 120 days after the date on which the Director submits such report, the Director shall make the report publicly available. | https://www.govinfo.gov/content/pkg/BILLS-117s4829is/xml/BILLS-117s4829is.xml |
117-s-4830 | II 117th CONGRESS 2d Session S. 4830 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Moran (for himself and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To reaffirm actions taken by the Secretary of the Interior for the benefit of Indian Tribes, and for other purposes.
1. Ratification and confirmation of actions Any action taken by the Secretary of the Interior pursuant to the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ) (48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq. ), for any Indian Tribe that was federally recognized on the date of the action is ratified and confirmed, to the extent such action is subjected to challenge based on whether the Indian Tribe was federally recognized or under Federal jurisdiction on June 18, 1934, as if the action had, by prior Act of Congress, been specifically authorized and directed. | https://www.govinfo.gov/content/pkg/BILLS-117s4830is/xml/BILLS-117s4830is.xml |
117-s-4831 | II 117th CONGRESS 2d Session S. 4831 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Lee (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 Federal Reserve Act to limit the ability of Federal Reserve banks to issue central bank digital currency.
1. Short title This Act may be cited as the No Central Bank Digital Currency Act or the No CBDC Act . 2. Central bank digital currency 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, the Board, the Secretary of the Treasury, any other agency, or any entity directed to act on behalf of the Federal reserve bank, the Board, the Secretary, or other agency, may mint or issue a central bank digital currency directly to an individual (including central bank digital currency issued to an individual through a custodial intermediary) or a digital currency intermediary, offer related products or services directly to an individual, or maintain an account on behalf of an individual (including an account in a specially designated account at a digital currency intermediary or supervised commercial bank). No Federal reserve bank may hold digital currencies minted or issued by the United States Government as assets or liabilities on their balance sheets or use such digital currencies as part of fulfilling the requirements under section 2A. . | https://www.govinfo.gov/content/pkg/BILLS-117s4831is/xml/BILLS-117s4831is.xml |
117-s-4832 | II 117th CONGRESS 2d Session S. 4832 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Thune (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To temporarily prohibit the hiring of additional Internal Revenue Service employees until a certain level of taxpayer services have improved, and for other purposes.
1. Short title This Act may be cited as the Increase Reliable Services Now Act . 2. Temporary prohibition on additional tax enforcement personnel (a) In general Notwithstanding any other provisions of law, the Internal Revenue Service may not hire any person for the purpose of conducting enforcement activities during the period beginning on the date of the enactment of this Act and ending on the first date after such date on which— (1) the Internal Revenue Service has maintained, for 6 consecutive months— (A) a level of service for accounts management phone lines of not less than 70 percent; and (B) an average speed of answering calls in 5 minutes or less; and (2) not less than 90 percent of the regular employees of the Internal Revenue Service perform work in person at their job sites. (b) Enforcement activities For purposes of this section, the term enforcement activities means activities described in section 10301(a)(1)(A)(ii) of Public Law 117–169 . 3. Prohibition on use of additional Internal Revenue Service funds for taxpayer audits Section 10301(a)(1)((A)(ii) of Public Law 117–169 is amended by inserting before the period at the end the following: : Provided further , That the Internal Revenue Service shall not audit taxpayers with taxable incomes below $400,000 at a greater rate than such taxpayers were audited for the most recent taxable year beginning before the date of the enactment of this Act . 4. Temporary prohibition on Internal Revenue Service hiring (a) In general Notwithstanding any other provisions of law, the Internal Revenue Service may not hire any person (other than for activities related to return processing and call center operations) during the period beginning on the date of the enactment of this Act and ending on the first date after such date on which the Internal Revenue Service meets the requirements of subsection (b). (b) Requirements The requirements specified in this subsection are the following: (1) With respect to the processing of taxpayer correspondence, tax forms, and payments, the Internal Revenue Service has a backlog not in excess of 1,000,000 cases. (2) With respect to tax returns eligible for a refund, refunds are issued to taxpayers on average within six weeks or less of the receipt of the return. | https://www.govinfo.gov/content/pkg/BILLS-117s4832is/xml/BILLS-117s4832is.xml |
117-s-4833 | II 117th CONGRESS 2d Session S. 4833 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mrs. Feinstein (for herself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To improve the health and resiliency of giant sequoias, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Save Our Sequoias Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Shared stewardship agreement for giant sequoias. Sec. 4. Giant Sequoia Lands Coalition. Sec. 5. Giant Sequoia Health and Resiliency Assessment. Sec. 6. Giant sequoia emergency response. Sec. 7. Fuels reduction in vulnerable habitat. Sec. 8. Projects in insect- or disease-affected treatment areas. Sec. 9. Giant Sequoia Reforestation and Rehabilitation Strategy. Sec. 10. Giant Sequoia Strike Teams. Sec. 11. Giant sequoia collaborative restoration grants. Sec. 12. Good neighbor authority for giant sequoias. Sec. 13. Stewardship contracting for giant sequoias. Sec. 14. Giant Sequoia Emergency Protection Program and Fund. Sec. 15. Authorization of appropriations. 2. Definitions In this Act: (1) Assessment The term Assessment means the Giant Sequoia Health and Resiliency Assessment required by section 5. (2) Coalition The term Coalition means the Giant Sequoia Lands Coalition established under section 4. (3) Collaborative process The term collaborative process means a process relating to the management of covered National Forest System lands or covered public lands by which a project or forest management activity is developed and implemented by the Secretary concerned through collaboration with multiple interested persons representing diverse interests. (4) Covered National Forest System lands The term covered National Forest System lands means the proclaimed National Forest System lands reserved or withdrawn from the public domain of the United States covering the Sequoia National Forest and Giant Sequoia National Monument, Sierra National Forest, and Tahoe National Forest. (5) Covered public lands The term covered public lands means— (A) the Case Mountain Extensive Recreation Management Area in California managed by the Bureau of Land Management; and (B) Kings Canyon National Park, Sequoia National Park, and Yosemite National Park in California managed by the National Park Service. (6) Giant sequoia The term giant sequoia means a tree of the species Sequoiadendron giganteum. (7) Grove-specific hazardous fuels reduction plan The term grove-specific hazardous fuels reduction plan means a plan developed by the applicable land management agency prior to conducting an analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to address hazardous fuels in 1 or more giant sequoia groves. (8) Protection Project The term Protection Project means a project to carry out forest management activities that are intended to benefit giant sequoias, including— (A) activities recommended by the Assessment; (B) conducting hazardous fuels management, including mechanical thinning, mastication, and prescribed burning; (C) removing hazard trees, as determined by the responsible official; (D) removing trees to address overstocking or crowding in a forest stand, consistent with the appropriate basal area of the forest stand as determined by the responsible official; (E) activities included in the applicable grove-specific hazardous fuels reduction plan; (F) using treatments to address insects and disease and control competing vegetation; and (G) any combination of activities described in subparagraphs (A) through (F). (9) Reforestation The term reforestation means the act of renewing tree cover, taking into consideration species composition and resilience, by establishing young trees through— (A) natural regeneration; (B) natural regeneration with— (i) site preparation; (ii) vegetation competition control; or (iii) both; or (C) planting or direct seeding. (10) Rehabilitation The term rehabilitation means any action taken during the 5-year period beginning on the date on which a wildland fire is contained to repair or improve fire-impacted lands which are unlikely to recover to management-approved conditions. (11) Relevant congressional committees The term relevant congressional committees means— (A) the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Appropriations of the Senate; and (B) the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives. (12) Responsible official The term responsible official means an employee of the Department of the Interior or the Forest Service who has the authority to make and implement a decision on a proposed action. (13) Secretary The term Secretary means the Secretary of the Interior. (14) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to covered National Forest System lands, or their designee; and (B) the Secretary of the Interior, with respect to covered public lands, or their designee. (15) Strategy The term Strategy means the Giant Sequoia Reforestation and Rehabilitation Strategy established under section 9. (16) Strike Team The term Strike Team means a Giant Sequoia Strike Team established under section 10. (17) Tribe The term Tribe means— (A) the Tule River Indian Tribe; and (B) any other Tribal government the jurisdictional boundaries of which encompass at least 1 giant sequoia grove. (18) Tule River Indian Tribe The term Tule River Indian Tribe means the Tule River Indian Tribe of the Tule River Reservation, California. 3. Shared stewardship agreement for giant sequoias (a) In general Not later than 90 days after receiving a request from the Governor of the State of California or a Tribe, the Secretary shall enter into an agreement with the Secretary of Agriculture and the Governor or Tribe, as applicable, that submitted the request, to jointly carry out the following: (1) Not later than 30 days after entering into the agreement, establish the Giant Sequoia Lands Coalition or certify an existing group meeting the requirements of section 4(b) as the Giant Sequoia Lands Coalition. (2) Not later than 120 days after the Giant Sequoia Lands Coalition submits the Assessment under section 5, conduct Protection Projects under section 6. (3) Not later than 120 days after entering into the agreement, begin developing and implementing reforestation and rehabilitation of giant sequoias, with priority given to actions described in the Strategy. (b) No request submitted If the Secretary has not received a request from the Governor of the State of California or a Tribe under subsection (a) before the date that is 90 days after the date of enactment of this Act, the Secretary shall enter into the agreement under subsection (a) and jointly implement such agreement with the Secretary of Agriculture. (c) Future participation If the Secretary receives a request from the Governor of the State of California or a Tribe any time after entering into the agreement under subsection (a) or (b), the Secretary shall accept the Governor or Tribe, as applicable, that submitted the request as a party to such agreement. 4. Giant Sequoia Lands Coalition (a) Establishment (1) In general In accordance with the timeline and agreement established in section 3(a)(1), the Secretary and the Secretary of Agriculture, in consultation with the other parties to such agreement, shall jointly establish, and appoint members to, the Giant Sequoia Lands Coalition. (2) Existing coalition A previously established group that meets the membership requirements under subsection (b) may be designated by the Secretary and the Secretary of Agriculture as the Coalition under paragraph (1) if the parties to the agreement established under section 3 approve such designation. (b) Membership (1) Members The Secretary and the Secretary of Agriculture shall jointly appoint to the Coalition 1 member from each of— (A) the National Park Service, representing Sequoia and Kings Canyon National Parks; (B) the National Park Service, representing Yosemite National Park; (C) the Forest Service, representing Sequoia National Forest and Giant Sequoia National Monument; (D) the Forest Service, representing Sierra National Forest; (E) the Forest Service, representing Tahoe National Forest; (F) the Bureau of Land Management, representing Case Mountain Extensive Recreation Management Area; (G) the Tule River Indian Tribe, representing the Black Mountain Grove; (H) the State of California, representing Calaveras Big Trees State Park; (I) the State of California, representing Mountain Home Demonstration State Forest; (J) an academic institution with demonstrated experience managing and owning a giant sequoia grove, representing Whitaker’s Research Forest; and (K) the County of Tulare, California, representing Balch Park. (2) Affiliate partners The Coalition may designate organizations or agencies with demonstrated experience and knowledge on giant sequoia management and resiliency as affiliate partners of the Coalition to enhance the work of the Coalition under subsection (c). (3) Local government participation Upon the written request of a local government in California whose jurisdictional boundaries encompass at least 1 giant sequoia grove, or the governing body of a Tribe other than the Tule River Indian Tribe, the Secretary shall appoint 1 member from such government or governing body to serve as a member of the Coalition, subject to the same requirements outlined in this section. (4) Term (A) Length The term of an appointment as a member of the Coalition shall be 5 years. (B) Limit Members of the Coalition may serve no more than 2 terms. (5) Vacancy The Secretary and the Secretary of Agriculture shall jointly appoint a new member to fill a vacancy on the Coalition not later than 6 months after the date on which such vacancy occurs. (6) Decisions Decisions of the Coalition shall be made by majority vote, a quorum of ½ the total members of the Coalition being present. (7) Meetings (A) In general Not later than 60 days after all members of the Coalition are appointed under subsection (a), the Coalition shall hold its first meeting. (B) Regular meetings The Coalition shall meet not less than twice per year. (8) Priority The Secretary concerned shall appoint members under paragraph (1) who have a demonstrated experience and knowledge on managing giant sequoia groves. (c) Duties The duties of the Coalition are to— (1) prepare the Assessment under section 5; (2) observe implementation, and provide policy recommendations to the Secretary concerned, with respect to— (A) Protection Projects carried out under section 6; and (B) the Strategy established under section 9; (3) facilitate collaboration and coordination on Protection Projects, particularly projects that cross jurisdictional boundaries; (4) facilitate information sharing, including best available science as described in section 5(d) and mapping resources; and (5) support the development and dissemination of educational materials and programs that inform the public about the threats to the health and resiliency of giant sequoia groves and actions being taken to reduce the risk to such groves from high-severity wildfire, insects, and drought. (d) Pay and expenses (1) Compensation (A) Federal employee members All members of the Coalition who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Non-Federal employee members All members of the Coalition not described in subparagraph (A) shall serve without compensation. (2) Reimbursement A member of the Coalition may be reimbursed for travel and lodging expenses incurred while attending a meeting of the Coalition or any other meeting of members approved for reimbursement by the Coalition in the same amounts and under the same conditions as Federal employees under section 5703 of title 5, United States Code. (3) Expenses The Secretary concerned may pay the expenses of the Coalition that such Secretary concerned determines to be reasonable and appropriate. (4) Administrative support, technical services, and staff support The Secretary concerned shall make personnel of the Department of the Interior or the Department of Agriculture, as applicable, available to the Coalition for administrative support, technical services, development and dissemination of educational materials, and staff support that such Secretary concerned determines necessary to carry out this section. (e) Federal Advisory Committee Act (1) In general The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Coalition, except that the Coalition shall terminate on the date that is 10 years after the date of enactment of this Act. (2) Renewal Prior to the termination of the Coalition under paragraph (1), the Coalition may be renewed in accordance with subsections (b) and (c) of section 14 of the Federal Advisory Committee Act (5 U.S.C. App.). 5. Giant Sequoia Health and Resiliency Assessment (a) In general Not later than 180 days after the first meeting of the Coalition, the Coalition shall submit to the relevant congressional committees a Giant Sequoia Health and Resiliency Assessment that, based on the best available science— (1) identifies— (A) each giant sequoia grove that has experienced a— (i) stand-replacing disturbance; or (ii) disturbance but continues to have living giant sequoias within the grove, including identifying the tree mortality and regeneration of giant sequoias within such grove; (B) each giant sequoia grove that is at high risk of experiencing a stand-replacing disturbance; (C) lands located within 1 mile of giant sequoia groves that are at risk of experiencing high-severity wildfires that could adversely impact such giant sequoia groves; and (D) each giant sequoia grove that has experienced a disturbance and is unlikely to naturally regenerate and is in need of reforestation; (2) analyzes the resiliency of each giant sequoia grove to threats, such as— (A) high-severity wildfire; (B) insects, including beetle kill; and (C) drought; (3) with respect to Protection Projects, proposes a list of highest priority Protection Projects, giving priority to projects located on lands identified under subparagraphs (B) and (C) of paragraph (1); (4) examines how historical, Tribal, and current approaches to wildland fire suppression and forest management activities across various jurisdictions have impacted the health and resiliency of giant sequoia groves with respect to— (A) high-severity wildfires; (B) insects, including beetle kill; and (C) drought; and (5) includes program and policy recommendations that address— (A) Federal and State policies that impede activities to improve the health and resiliency of giant sequoias and proposed policy changes to address such impediments; (B) new Federal and State policies necessary to increase the pace and scale of treatments that improve the health and resiliency of giant sequoias; (C) options to enhance communication, coordination, and collaboration, particularly for cross-boundary projects, to improve the health and resiliency of giant sequoias; (D) research gaps that should be addressed to improve the best available science on the giant sequoias; and (E) options and best practices for conducting Protection Projects without causing the incidental taking of threatened or endangered species. (b) Annual updates Not later than 1 year after the submission of the Assessment under subsection (a), and annually thereafter, the Coalition shall submit an updated Assessment to the relevant congressional committees that— (1) includes any new data, information, or best available science that has changed or become available since the previous Assessment was submitted; (2) with respect to Protection Projects— (A) includes information on the number of Protection Projects initiated the previous year and the estimated timeline for completing those projects; (B) includes information on the number of Protection Projects planned in the upcoming year and the estimated timeline for completing those projects; (C) provides status updates and long-term monitoring reports on giant sequoia groves after the completion of Protection Projects, including comparing the efficacy of those Protection Projects; (D) if either Secretary concerned failed to initiate at least 1 Protection Project in the previous year, a written explanation that includes— (i) a detailed explanation of what impediments resulted in failing to initiate at least 1 Protection Project; (ii) a detailed explanation of what actions the Secretary concerned is taking to ensure that at least 1 Protection Project is initiated the following year; and (iii) recommendations to Congress on any policies that need to be changed to assist the Secretary concerned in initiating Protection Projects; and (3) with respect to reforestation and rehabilitation of giant sequoias— (A) contains updates on the implementation of the Strategy under section 9, including grove-level data on reforestation and rehabilitation activities; and (B) provides status updates and monitoring reports on giant sequoia groves that have experienced natural or artificial regeneration as part of the Strategy under section 9. (c) Dashboard (1) Requirement to maintain The Coalition shall create and maintain a website that— (A) publishes the Assessment, annual updates to the Assessment, and other educational materials developed by the Coalition; (B) contains searchable information about individual giant sequoia groves, including the— (i) resiliency of such groves to threats described in paragraphs (1) and (2) of subsection (a); (ii) Protection Projects that have been proposed, initiated, or completed in such groves; and (iii) reforestation and rehabilitation activities that have been proposed, initiated, or completed in such groves; and (C) maintains a searchable database to track— (i) the status of Federal environmental reviews and authorizations for specific Protection Projects and reforestation and rehabilitation activities; and (ii) the projected cost of Protection Projects and reforestation and rehabilitation activities. (2) Searchable database The Coalition shall include information on the status of Protection Projects in the searchable database created under paragraph (1)(C), including— (A) a comprehensive permitting timetable; (B) the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable; (C) any modifications of the permitting timetable required under subparagraph (A), including an explanation as to why the permitting timetable was modified; and (D) information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available. (d) Best available science In utilizing the best available science for the Assessment, the Coalition shall include— (1) data and peer-reviewed research from academic institutions with a demonstrated history of studying giant sequoias and with experience analyzing distinct management strategies to improve giant sequoia resiliency; (2) traditional ecological knowledge from each Tribe related to improving the health and resiliency of giant sequoia groves; and (3) data from Federal, State, and Tribal governments or agencies. (e) Technology improvements In carrying out this section, the Secretary concerned may enter into memorandums of understanding or agreements with other Federal agencies or departments, State or local governments, Tribal governments, private entities, or academic institutions to improve, with respect to the Assessment, the use and integration of— (1) advanced remote sensing and geospatial technologies; (2) statistical modeling and analysis; or (3) any other technology the Secretary concerned determines will benefit the quality of information used in the Assessment. (f) Planning The Coalition shall make information from this Assessment available to the Secretary concerned and the State of California to integrate into— (1) the State of California’s Wildfire and Forest Resilience Action Plan; and (2) the Forest Service’s 10-year Wildfire Crisis Strategy (or successor plan). 6. Giant sequoia emergency response (a) In general (1) Emergency determination Congress determines that— (A) an emergency exists on covered public lands and covered National Forest System lands that makes it necessary to carry out Protection Projects that take needed actions to respond to the threat of wildfires, insects, and drought to giant sequoias; and (B) Protection Projects are necessary to control the immediate impacts of the emergency described in subparagraph (A) and to mitigate harm to life, property, or important natural or cultural resources on covered public lands and covered National Forest System lands. (2) Application The emergency determination established under paragraph (1)(A) shall apply to all covered public lands and covered National Forest System lands. (3) Effect The emergency determination established under paragraph (1)(A) shall go into effect on the date the Coalition submits the Assessment. (4) Expiration The emergency determination established under paragraph (1)(A) shall expire on the earlier of— (A) the date that is 10 years after the effective date of that emergency determination; and (B) the date on which the Secretary and the Secretary of Agriculture jointly— (i) determine that such an emergency no longer exists; (ii) certify that at least 90 percent of giant sequoia groves are not under the threat of stand-replacing wildfire; and (iii) submit the determination and certification described in clauses (i) and (ii), respectively, to the relevant congressional committees. (b) Implementation While the emergency determination established under subsection (a) is in effect— (1) a responsible official may carry out a Protection Project described in subsection (c) in accordance with— (A) section 220.4(b) of title 36, Code of Federal Regulations (or a successor regulation); (B) section 800.12 of title 36, Code of Federal Regulations (or a successor regulation); (C) section 1506.12 of title 40, Code of Federal Regulations (or a successor regulation); and (D) section 46.150 of title 43, Code of Federal Regulations (or a successor regulation); and (2) the informal consultation requirements under sections 402.05 of title 50 and 800.12 of title 36, Code of Federal Regulations (or successor regulations), shall apply to Protection Projects. (c) Requirements A Protection Project referred to in subsection (b)(1) is a Protection Project or reforestation or rehabilitation activity that— (1) covers an area of not more than— (A) 2,000 acres within giant sequoia groves where a grove-specific hazardous fuels reduction plan has been developed by the relevant land management agency or on lands identified under section 5(a)(1)(B); and (B) 3,000 acres on lands identified under section 5(a)(1)(C); (2) was— (A) proposed by the Assessment under section 5(a)(3); (B) developed through a collaborative process; or (C) proposed by a resource advisory committee (as defined in section 201 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7121 )); (3) as practicable, incorporates prescribed fire as a component of the grove-specific hazardous fuels reduction plan; and (4) occurs on Federal land or non-Federal land with the consent of the non-Federal landowner. (d) Use of other authorities To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out Protection Projects, including— (1) good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); and (2) stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ). (e) Savings clause With respect to joint Protection Projects and reforestation and rehabilitation activities involving a Tribe, nothing in this section shall be construed to add any additional regulatory requirements onto the Tribe. 7. Fuels reduction in vulnerable habitat (a) Sense of Congress It is the sense of Congress that— (1) fire regimes in giant sequoia groves are dominated by fire regime I and fire regime III (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 )); (2) fire regime IV (as defined in that section) occurs incidentally within or adjacent to giant sequoia groves; and (3) to ensure that the restoration of giant sequoia groves meets forest health and wildfire resiliency goals, ecological restoration of ecosystem types that are fire regime IV (as so defined) should be considered for Protection Projects. (b) Definition of fire regime IV Section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ) is amended— (1) by redesignating paragraphs (11) through (16) as paragraphs (12) through (17), respectively; and (2) by inserting after paragraph (10) the following: (11) Fire regime IV The term fire regime IV means an area in which historically there are stand replacement severity fires with a frequency of more than 35 and less than 200 years. . (c) Restoration in fire regime IV (1) Authorized hazardous fuel reduction projects Section 102(a)(3) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6512(a)(3) ) is amended by striking or fire regime III and inserting fire regime III, or fire regime IV . (2) Administrative review Section 603(c) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(c) ) is amended by striking paragraph (2) and inserting the following: (2) Location (A) In general A project under this section shall be located in an area that is— (i) in the wildland-urban interface; or (ii) (I) outside the wildland-urban interface; (II) in condition class 2 or condition class 3; and (III) in fire regime I, fire regime II, fire regime III, or fire regime IV (subject to the condition that not more than 30 percent of the area may be in fire regime IV). (B) Definitions In this paragraph, the terms condition class 2 , condition class 3 , fire regime I , fire regime II , fire regime III , fire regime IV , and wildland-urban interface have the meanings given those terms in section 101. . (3) Wildfire resilience projects Section 605(c) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591d(c) ) is amended by striking paragraph (2) and inserting the following: (2) Location (A) In general A project under this section shall be— (i) prioritized within the wildland-urban interface; (ii) if located outside the wildland-urban interface, located in an area— (I) in condition class 2 or condition class 3; (II) in fire regime I, fire regime II, fire regime III, or fire regime IV (subject to the condition that not more than 30 percent of the area may be in fire regime IV); and (III) that contains a very high wildfire hazard potential; and (iii) limited to areas designated under section 602(b) as of the date of enactment of this Act. (B) Definitions In this paragraph, the terms condition class 2 , condition class 3 , fire regime I , fire regime II , fire regime III , fire regime IV , and wildland-urban interface have the meanings given those terms in section 101. . (4) Establishment of fuel breaks in forests and other wildland vegetation Section 40806(d) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592b(d) ) is amended— (A) in paragraph (2)— (i) by striking subparagraph (B) and inserting the following: (ii) if located outside the wildland-urban interface or a public drinking water source area, an area— (I) in condition class 2 or condition class 3; (II) in fire regime I, fire regime II, fire regime III, or fire regime IV (subject to the condition that not more than 30 percent of the area may be in fire regime IV); and (III) that contains a very high wildfire hazard potential; or ; and (ii) by redesignating subparagraphs (A) and (C) as clauses (i) and (iii), respectively, and indenting appropriately; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (C) by striking Treatments in the matter preceding subparagraph (A) (as so designated) and inserting the following: (1) In general Treatments ; and (D) by adding at the end the following: (2) Definitions In this subsection, the terms condition class 2 , condition class 3 , fire regime I , fire regime II , fire regime III , fire regime IV , and wildland-urban interface have the meanings given those terms in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). . 8. Projects in insect- or disease-affected treatment areas (a) Designation of treatment areas Section 602 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591a ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) by striking the subsection designation and heading and all that follows through In this section, the term in the matter preceding subparagraph (A) (as so redesignated) and inserting the following: (a) Definitions In this section and section 603: (1) Declining forest health The term ; and (C) by adding at the end the following: (2) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to land of the National Forest System described in section 3(1)(A); and (B) the Secretary of the Interior, with respect to covered public lands (as defined in section 2 of the Save Our Sequoias Act ). ; (2) in subsection (b)— (A) in paragraph (1), by inserting of Agriculture after Secretary ; and (B) in paragraph (2), by inserting concerned after Secretary ; (3) in subsection (c)(1), by inserting of Agriculture or the Secretary of the Interior after Secretary ; (4) in subsection (d)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking Secretary may carry out priority projects on Federal land and inserting Secretary concerned may carry out priority projects on land described in subparagraphs (A) and (B) of subsection (a)(2) ; (B) by redesignating paragraph (4) as paragraph (5); (C) by inserting after paragraph (3) the following: (4) References For purposes of this subsection, any reference contained in section 101(2), subsection (b), (c), or (d) of section 102, or section 104, 105, or 106 to Federal land shall be considered to be a reference to land described in subparagraphs (A) and (B) of subsection (a)(2). ; and (D) in paragraph (5) (as so redesignated), by inserting concerned after Secretary each place it appears; and (5) in subsection (e), by inserting concerned after Secretary . (b) Administrative review Section 603 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b ) is amended— (1) by inserting concerned after Secretary each place it appears; (2) in subsection (d)— (A) in paragraph (2), by striking Federal land and inserting land described in subparagraph (A) or (B) of section 602(a)(2) ; and (B) in paragraph (4), by inserting or land use plan before the period at the end; (3) in subsection (e), by inserting , or the land use plan established under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) for the unit of public lands, after National Forest System ; and (4) in subsection (g)(2)— (A) in subparagraph (D), by striking and at the end; (B) in subparagraph (E), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (F) the Committee on Energy and Natural Resources of the Senate. . 9. Giant Sequoia Reforestation and Rehabilitation Strategy (a) Reforestation and rehabilitation strategy (1) In general In accordance with the timeline and agreement established in section 3(a)(3), the Secretary and the Secretary of Agriculture, in consultation with the other parties to such agreement, shall jointly develop and implement a strategy, to be known as the Giant Sequoia Reforestation and Rehabilitation Strategy , to enhance the reforestation and rehabilitation of giant sequoia groves that— (A) identifies giant sequoia groves in need of natural or artificial regeneration, giving highest priority to groves identified under section 5(a)(1)(A)(i); (B) creates a priority list of reforestation and rehabilitation activities; (C) identifies and addresses— (i) barriers to reforestation or rehabilitation including— (I) regulatory barriers; (II) seedling shortages or related nursery infrastructure capacity constraints; (III) labor and workforce shortages; (IV) technology and science gaps; and (V) site preparation challenges; (ii) potential public-private partnership opportunities to complete high-priority reforestation or rehabilitation projects; (iii) a timeline for addressing the backlog of reforestation for giant sequoias in the 10-year period after the agreement is entered into under section 3; and (iv) strategies to ensure genetic diversity across giant sequoia groves; and (D) includes program and policy recommendations needed to improve the efficiency or effectiveness of the Strategy. (2) Assessment The Secretary may incorporate the Strategy into the Assessment under section 5. (b) Priority reforestation projects amendment Section 3(e)(4)(C)(ii)(I) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1601(e)(4)(C)(ii)(I) ) is amended— (1) in item (bb), by striking and ; (2) in item (cc), by striking the period and inserting ; and ; and (3) by adding at the end the following: (dd) shall include reforestation and rehabilitation activities conducted under section 9 of the Save Our Sequoias Act . . 10. Giant Sequoia Strike Teams (a) Establishment Each Secretary concerned shall establish a Giant Sequoia Strike Team to assist the Secretary concerned with the implementation of— (1) primarily, section 6; and (2) secondarily, section 9. (b) Duties Each Strike Team shall— (1) assist the Secretary concerned with any reviews, including analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), consultations under division A of subtitle III of title 54, United States Code, and consultations under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (2) implement any necessary site preparation work in advance of or as part of a Protection Project or reforestation or rehabilitation activity; (3) implement Protection Projects under section 6; and (4) implement reforestation or rehabilitation activities under section 9. (c) Members The Secretary concerned may appoint not more than 10 individuals each to serve on a Strike Team comprised of— (1) employees of the Department of the Interior; (2) employees of the Forest Service; (3) private contractors from any nonprofit organization, State government, Tribal government, local government, academic institution, or private organization; and (4) volunteers from any nonprofit organization, State government, Tribal government, local government, academic institution, or private organization. 11. Giant sequoia collaborative restoration grants (a) In general The Secretary, in consultation with the other parties to the agreement under section 3, shall establish a program to award grants to eligible entities to advance, facilitate, or improve giant sequoia health and resiliency. (b) Eligible entity The Secretary may award grants under this section to any nonprofit organization, Tribal government, local government, academic institution, or private organization to help advance, facilitate, or improve giant sequoia health and resiliency. (c) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that— (1) primarily, are likely to have the greatest impact on giant sequoia health and resiliency; and (2) secondarily— (A) are small businesses or Tribal entities, particularly in rural areas; and (B) create or support jobs, particularly in rural areas. (d) Use of grant funds Funds from grants awarded under this section shall be used to— (1) create, expand, or develop markets for hazardous fuels removed under section 6; (2) facilitate hazardous fuel removal under section 6, including by reducing the cost of transporting hazardous fuels removed as part of a Protection Project; (3) expand, enhance, develop, or create permanent or temporary facilities or land that can store or process hazardous fuels removed under section 6; and (4) establish, develop, expand, enhance, or improve nursery capacity or infrastructure necessary to facilitate the Strategy established under section 9. 12. Good neighbor authority for giant sequoias Section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ) is amended— (1) in subsection (a)— (A) in paragraph (4)(A)— (i) in clause (ii), by striking and at the end; (ii) by redesignating clause (iii) as clause (iv); (iii) by inserting after clause (ii) the following: (iii) activities conducted under section 6 of the Save Our Sequoias Act ; ; (iv) in clause (iv), as so redesignated, by striking the period at the end and inserting ; or ; and (v) by adding at the end the following: (v) any combination of activities specified in clauses (i) through (iv). ; and (B) in paragraph (10)(B) by striking land. and inserting land, Kings Canyon National Park, Sequoia National Park, and Yosemite National Park. ; and (2) in subsection (b)(2), by striking subparagraph (C) and inserting the following: (C) Treatment of revenue Funds received from the sale of timber by a Governor or county under a good neighbor agreement shall be retained and used by the Governor or county— (i) to carry out authorized restoration services under such good neighbor agreement; and (ii) if there are funds remaining after carrying out the services under clause (i), to carry out authorized restoration services under other good neighbor agreements. . 13. Stewardship contracting for giant sequoias (a) National Park Service Section 604(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(a) ) is amended— (1) by striking paragraph (2) and inserting the following: (2) Director The term Director means the Director of the Bureau of Land Management with respect to Bureau of Land Management land and the Director of the National Park Service with respect to land within Kings Canyon National Park, Sequoia National Park, and Yosemite National Park. ; and (2) by adding at the end the following: (3) Public lands The term public lands means— (A) Bureau of Land Management land; and (B) land within Kings Canyon National Park, Sequoia National Park, and Yosemite National Park. . (b) Giant sequoia stewardship contracts Section 604(c) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(c) ) is amended by adding at the end the following: (8) Promoting the health and resiliency of giant sequoias. . 14. Giant Sequoia Emergency Protection Program and Fund (a) In general Subchapter II of chapter 1011 of title 54, United States Code, is amended by adding at the end the following: 101123. Giant Sequoia Emergency Protection Program and Fund (a) Giant sequoia Emergency protection program The National Park Foundation, in coordination with the National Forest Foundation, shall design and implement a comprehensive program to assist and promote philanthropic programs of support that benefit— (1) primarily, the management and conservation of giant sequoias on Service land and covered National Forest System lands to promote resiliency to wildfires, insects, and drought; and (2) secondarily, the reforestation of giant sequoias on Service land and covered National Forest System lands impacted by wildfire. (b) Giant Sequoia Emergency Protection Fund The National Park Foundation, in coordination with the National Forest Foundation, shall establish a joint special account, to be known as the Giant Sequoia Emergency Protection Fund (referred to as the Fund in this section), to be administered in support of the program established under subsection (a). (c) Funds for giant sequoia emergency protection The following shall apply to the Fund: (1) The Fund shall consist of any gifts, devises, or bequests that are provided to the National Park Foundation or National Forest Foundation for such purpose. (2) The National Park Foundation and National Forest Foundation shall deposit any funds received for the Fund in a federally insured interest-bearing account or may invest funds in appropriate security obligations, as mutually agreed upon. (3) Any accrued interest or dividends earned on funds received for the Fund shall be added to the principal and form a part of the Fund. (d) Use of funds Funds shall be available to the National Park Foundation and National Forest Foundation without further appropriation for projects and activities approved by the Chief of the Forest Service or the Director, as appropriate, or their designees, to— (1) primarily, support the management and conservation of giant sequoias on Service land and covered National Forest System lands to promote resiliency to wildfires, insects, and drought; and (2) secondarily, support the reforestation of giant sequoias on Service land and covered National Forest System lands impacted by wildfire. (e) Summary Beginning 1 year after the date of enactment of this section, the National Park Foundation and National Forest Foundation shall include with their annual reports a summary of the status of the program and Fund created under this section that includes— (1) a statement of the amounts deposited in the Fund during the fiscal year; (2) the amount of the balance remaining in the Fund at the end of the fiscal year; and (3) a description of the program and projects funded during the fiscal year. (f) Covered National Forest System lands defined In this section, the term covered National Forest System lands has the meaning given such term in section 2 of the Save our Sequoias Act . . (b) Conforming amendment The table of sections for subchapter II of chapter 1011 of title 54, United States Code, is amended by adding at the end the following: 101123. Giant Sequoia Emergency Protection Program and Fund. . 15. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act and the amendments made by this Act— (1) for fiscal year 2024, $10,000,000; (2) for fiscal year 2025, $25,000,000; (3) for each of fiscal years 2026 through 2028, $30,000,000; and (4) for each of fiscal years 2029 through 2033, $40,000,000. (b) Limitation Of the amounts authorized under subsection (a), not less than 90 percent of funds shall be used to carry out sections 6 and 9 and the amendments made by those sections. | https://www.govinfo.gov/content/pkg/BILLS-117s4833is/xml/BILLS-117s4833is.xml |
117-s-4834 | II 117th CONGRESS 2d Session S. 4834 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Cornyn (for himself, Mr. Blumenthal , Mr. Tillis , Mr. Durbin , Mr. Kennedy , Mr. Leahy , Mr. Cruz , Ms. Klobuchar , Mr. Grassley , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reauthorize the National Internet Crimes Against Children Task Force Program.
1. Short title This Act may be cited as the Providing Resources, Officers, and Technology to Eradicate Cyber Threats to Our Children Act of 2022 or the PROTECT Our Children Act of 2022 . 2. Reauthorization Section 107(a)(10) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21117(a)(10) ) is amended by striking 2022 and inserting 2024 . | https://www.govinfo.gov/content/pkg/BILLS-117s4834is/xml/BILLS-117s4834is.xml |
117-s-4835 | II 117th CONGRESS 2d Session S. 4835 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. King introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the removal of small-diameter trees in fire hazard areas, and for other purposes.
1. Short title This Act may be cited as the Small-diameter Timber and Underutilized Material Act of 2022 . 2. Definitions In this Act: (1) Federal land The term Federal land means land under the jurisdiction of— (A) the Bureau of Land Management; (B) the Bureau of Reclamation; (C) the National Park Service; (D) the United States Fish and Wildlife Service; or (E) the Forest Service. (2) Fire hazard area The term fire hazard area means an area that— (A) has been identified by the Secretary concerned as having a very high wildfire hazard potential; (B) is located on Federal land; and (C) is located west of the 100th meridian. (3) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to Federal land administered by that Secretary; and (B) the Secretary of the Interior, with respect to Federal land administered by that Secretary. (4) Small-diameter tree The term small-diameter tree means a tree, or portion thereof, that has a diameter at breast height of not greater than 8 inches. 3. Prices (a) In general Except as provided in subsection (b), notwithstanding any other provision of law— (1) the Secretary concerned may not— (A) charge a fee to authorize a person to remove a small-diameter tree in a fire hazard area, including a fee for a special use permit; or (B) recover any processing or monitoring cost of authorizing a person to remove a small-diameter tree in a fire hazard area; and (2) if the Secretary concerned authorizes a person to remove a small-diameter tree, including through a timber sale, in a fire hazard area, the Secretary concerned shall not require the person to pay any amount for the small-diameter tree. (b) Fees The Secretary concerned may charge a fee for removal of a small-diameter tree of a particular species of tree in a fire hazard area if the Secretary concerned— (1) determines that the fee is appropriate; and (2) discloses that determination to the public. (c) No volume determinations; appraisals As part of a small-diameter tree removal described in subsection (a), the Secretary concerned may not— (1) require a volume determination, including by scaling, measuring, weighing, or counting small-diameter trees before or after cutting or removal; or (2) conduct a timber appraisal to determine the fair-market value of the small-diameter trees being removed. (d) Applicability This section shall only apply to contracts authorizing a person to remove a small-diameter tree as described in subsection (a) entered into on or after the date of enactment of this Act. 4. Free-use area designation The Secretary of Agriculture, acting through the Chief of the Forest Service, shall designate as a free-use area under section 223.6 of title 36, Code of Federal Regulations (or a successor regulation), any fire hazard area in the National Forest System that contains a small-diameter tree. 5. Tree designation The Secretary concerned shall seek to designate for removal small-diameter trees in a fire hazard area— (1) to the maximum extent practicable, through means that do not include physically marking a small-diameter tree for removal; and (2) by providing a written description of— (A) the small-diameter trees to be removed and to be retained from a project area; or (B) the desired post-harvest stand characteristics within the project area from which the small-diameter tree would be removed. | https://www.govinfo.gov/content/pkg/BILLS-117s4835is/xml/BILLS-117s4835is.xml |
117-s-4836 | II 117th CONGRESS 2d Session S. 4836 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To allow COVID–19 relief funds to be used for disaster assistance, and for other purposes.
1. Short title This Act may be cited as the Prioritizing Disaster Relief Act . 2. Use of COVID–19 relief funds for disaster relief (a) Definitions In this section: (1) COVID–19 relief funds The term COVID–19 relief funds means amounts appropriated under the following Acts related to COVID–19 relief: (A) The CARES Act ( Public Law 116–136 ; 134 Stat. 281). (B) The American Rescue Plan Act of 2021 ( Public Law 117–2 ; 135 Stat. 4). (C) The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–23 ; 134 Stat. 146). (D) The Emergency Aid for Returning Americans Affected by Coronavirus Act ( Public Law 116–148 ; 134 Stat. 661). (E) The Families First Coronavirus Response Act ( Public Law 116–127 ; 134 Stat. 178). (F) The Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ; 134 Stat. 620). (G) The Coronavirus Response and Relief Supplemental Appropriations Act ( Public Law 116–260 ; 134 Stat. 1182). (H) The Continuing Appropriations Act, 2021 and Other Extensions Act ( Public Law 116–159 ; 134 Stat. 709). (I) The Extending Government Funding and Delivering Emergency Assistance Act ( Public Law 117–43 ; 134 Stat. 344). (2) Indian Tribe; Tribal organization The terms Indian Tribe and Tribal organization have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) State The term State means each State of the United States, the District of Columbia, and any territory or possession of the United States. (b) Use of funds for disaster relief (1) In general Notwithstanding any limitation on the use of COVID–19 relief funds under any other provision of law, a State, unit of local government, Indian Tribe, or Tribal organization may use COVID–19 relief funds for expenses related to assisting communities, individuals, and businesses affected by and located within the designated area of a major disaster or emergency declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191) before, on, or after the date of enactment of this Act. (2) Supplement, not supplant COVID–19 relief funds used in accordance with paragraph (1) shall supplement and not supplant any other Federal disaster assistance made available to a community, individual, or business. | https://www.govinfo.gov/content/pkg/BILLS-117s4836is/xml/BILLS-117s4836is.xml |
117-s-4837 | II 117th CONGRESS 2d Session S. 4837 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Omnibus Public Land Management Act of 2009 to establish within the Mount Hood National Forest in the State of Oregon Indian Treaty Resources Emphasis Zones, and for other purposes.
1. Indian Treaty Resources Emphasis Zones, Mount Hood National Forest (a) In general Subtitle C of title I of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1007) is amended by adding at the end the following: 1208. Indian Treaty Resources Emphasis Zones (a) Definitions In this section: (1) National Forest The term National Forest means the Mount Hood National Forest in the State. (2) Reservation The term Reservation means the reservation of the Tribe. (3) Traditional ecological knowledge The term traditional ecological knowledge means a body of observations, oral and written knowledge, practices, and beliefs that promotes environmental sustainability and the responsible stewardship of natural resources through relationships between humans and environmental systems, applied across biological, physical, and cultural systems. (4) Treaty The term Treaty means the Treaty between the United States and the confederated tribes and bands of Indians in Middle Oregon, concluded at Wasco June 25, 1855 (12 Stat. 963). (5) Tribe The term Tribe means the Confederated Tribes of the Warm Springs Reservation of Oregon. (6) Zone The term Zone means an Indian Treaty Resources Emphasis Zone established under subsection (b)(1). (b) Establishment (1) In general There is established within the area of the National Forest described in paragraph (3) 1 or more zones, each of which shall be known as an Indian Treaty Resources Emphasis Zone , consisting of any area within the National Forest with respect to which the Tribe and the Secretary enter into a memorandum of understanding under subsection (c)(1) to protect and enhance Treaty resources or to protect the Reservation from wildfire. (2) Purposes The purposes of a Zone are— (A) to meet the trust responsibility of the United States in protecting the exercise of off-Reservation Treaty rights reserved by the Treaty in the National Forest; (B) to ensure that land and resource management priorities in the Zone maintain and enhance resources, activities, and access reserved by the Treaty; (C) to protect Treaty rights and resources and the Reservation from wildfire, drought, and insect and disease outbreaks in the National Forest; (D) to recognize and integrate traditional ecological knowledge as an important part of the best available scientific information that is used in forest and resource management areas within the Zone; (E) to improve the technical understanding of Forest Service employees in the National Forest with respect to the trust responsibilities of the Federal Government (including the application of those responsibilities to ongoing forest management processes and practices); and (F) to enable a co-management strategy between the Forest Service and the Tribe. (3) Scope This section shall apply to any area within the boundaries of the National Forest in which the Tribe retains Treaty rights. (c) Management strategy (1) Memorandum of understanding Not later than 60 days after the date of enactment of this section, the Secretary shall seek to enter into a memorandum of understanding with the Tribe— (A) to better fulfill the trust relationship between the United States and the Tribe by ensuring that the Forest Service includes the Tribe in the land and resource management decision-making process in a Zone to avoid adverse effects on Treaty rights and management of the resources on which the Treaty rights depend; and (B) to cooperatively develop a management strategy for the 1 or more Zones, including guiding documents for the management of the National Forest and ecosystems for Treaty rights and resources within the Zones. (2) Requirements A memorandum of understanding entered into under paragraph (1) shall— (A) include an assessment of wildfire risk to— (i) the Reservation from the National Forest; and (ii) Treaty and cultural resources within the National Forest; (B) provide that forest restoration and management planning within a Zone includes, and is guided by, reserved Treaty rights, and the resources on which the Treaty rights depend; (C) include requirements that no temporary or permanent road shall be constructed within a Zone, except as necessary— (i) to meet the requirements for the administration of a Zone; (ii) to protect public health and safety; (iii) to respond to an emergency; or (iv) for the control of fire, insects, or diseases, subject to such terms and conditions as the Secretary determines to be appropriate; and (D) to the maximum extent practicable, to meet the purposes of this section, provide for— (i) the retention of large trees, as appropriate for the historic forest structure or promotion of fire-resilient stands; and (ii) the retention of any commercial revenue generated from activities in a Zone for restoration planning and implementation authorized by this section. (3) Road maintenance (A) In general Subject to appropriations, the Secretary shall maintain existing roads determined by the Secretary, in consultation with the Tribe, to be necessary for authorized existing uses and the administration of a Zone. (B) Inclusion in memorandum of understanding The requirement under this paragraph shall— (i) not expire; and (ii) be included in any memorandum of understanding entered into under paragraph (1). (4) Valid existing rights The designation of a Zone shall be subject to valid existing rights. (5) Withdrawal Subject to valid existing rights, all public land within a Zone, and all land and interests in land acquired by the United States within a Zone, shall be withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (6) Deadlines To the maximum extent practicable, the Secretary shall— (A) not later than the date that is 180 days after the date of enactment of this section, ratify a memorandum of understanding under paragraph (1); and (B) not later than the date that is 2 years and 180 days after the date of enactment of this section, complete a management strategy for the 1 or more Zones. (d) Requirements for implementation In carrying out this section, the Secretary shall, to the maximum extent practicable— (1) use all existing authorities available to the Secretary, including, as applicable— (A) the Tribal Forest Protection Act of 2004 ( Public Law 108–278 ; 118 Stat. 868); (B) the good neighbor authority under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); (C) title XXVI of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 et seq. ); (D) the stewardship end result contracting authority under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ); (E) section 102 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5321 ); and (F) the authority to enter into contracts with the Tribe to expedite projects, on request by the Tribe, under section 8703 of the Agriculture Improvement Act of 2018 ( 25 U.S.C. 3115b ); (2) develop a programmatic analysis for integrating the management strategy for the 1 or more Zones under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (3) pursue a programmatic biological assessment to implement the actions analyzed under paragraph (2) under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ). (e) Review of MOU Not later than 5 years after the date on which a memorandum of understanding is entered into under subsection (c)(1), and not less frequently than once every 5 years thereafter, the Secretary shall, in coordination with the Tribe, review the accomplishments of the memorandum of understanding to determine if the memorandum of understanding shall be extended or modified. (f) Funding agreement The Secretary shall develop a funding agreement with the Tribe, including the use of appropriated funding, to ensure that the Tribe, in partnership with the Forest Service, has the capacity to participate in designing, implementing, and monitoring projects within a Zone. (g) Monitoring (1) In general The Secretary shall enter into an agreement with the Tribe under which the Tribe may, at the discretion of the Tribe— (A) review and provide comments on any land management prescriptions developed by the Secretary for a Zone; (B) monitor— (i) the long-term effectiveness of restoration and management treatments of actions carried out in a Zone; and (ii) any other action or lack of action that is detrimental to the purposes of a Zone; and (C) share any other information with the Forest Service that the Tribe determines to be necessary to further the purposes of a Zone. (h) Management of cultural foods obligations (1) In general If the management plan described in section 1207(c) has not been developed and implemented as of the date of enactment of this section, the Secretary shall— (A) develop and implement a management plan in accordance with that section not later than 180 days after the date of enactment of this section; or (B) enter into a contract with the Tribe to draft a management plan described in that section pursuant to the authority of the Secretary under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ). (2) Definition of cultural foods For purposes of the management plan described in paragraph (1), the Secretary shall ensure that the term cultural foods shall be defined by the Tribe. (3) Inclusion The management plan described in paragraph (1) may be included in the management strategy for the 1 or more Zones developed under subsection (c). (i) Land and resource management plan To the maximum extent practicable, any revisions to the land and resource management plan applicable to the National Forest under the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ) shall— (1) be made in consultation with the Tribe and other Indian Tribes with historical or legal interests; (2) be consistent with the management strategy for the 1 or more Zones; and (3) protect Treaty rights, and allow management of the resources on which the Treaty rights depend, for purposes of considering any changes to the applicable land and resource management plan or land allocation under the applicable land and resource management plan. (j) Effect Nothing in this section— (1) enlarges, establishes, or diminishes the rights of any Indian Tribe, including— (A) the exercise of hunting, fishing, gathering, and pasturing of livestock rights in usual and accustomed areas; and (B) Indian hunting, fishing, or gathering activities conducted under an agreement with the State; (2) provides any Indian Tribe with exclusive use of any area within the National Forest; or (3) limits the authority of the Secretary to enter into a separate agreement with any other Indian Tribe with a treaty right or recognized legal interest in the National Forest. (k) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $3,500,000 for each of fiscal years 2023 through 2027. (2) Authority to use other funds The Secretary may use existing funds of the Forest Service and Forest Service program revenue generated from forest restoration activities to carry out the management strategy for the 1 or more Zones. . (b) Clerical amendment The table of contents of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 991) is amended by inserting after the item relating to section 1207 the following: Sec. 1208. Indian Treaty Resources Emphasis Zones. . | https://www.govinfo.gov/content/pkg/BILLS-117s4837is/xml/BILLS-117s4837is.xml |
117-s-4838 | II 117th CONGRESS 2d Session S. 4838 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Moran (for himself, Mr. Tester , Mr. Cramer , Ms. Hassan , Mr. Tillis , Mrs. Murray , Mr. Rounds , Ms. Sinema , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to increase the rate for allowances based on mileage for beneficiary travel, and for other purposes.
1. Short title This Act may be cited as the Veterans Medical Mileage Adjustment Act of 2022 . 2. Increase in rate for allowances based on mileage for beneficiary travel Section 111(a) of title 38, United States Code, is amended, in the first sentence, by striking 41.5 cents and inserting 45.5 cents . | https://www.govinfo.gov/content/pkg/BILLS-117s4838is/xml/BILLS-117s4838is.xml |
117-s-4839 | II 117th CONGRESS 2d Session S. 4839 IN THE SENATE OF THE UNITED STATES September 13, 2022 Ms. Baldwin (for herself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize and expand a grant program for State and Tribal response to opioid and stimulant use and misuse, and for other purposes.
1. Short title This Act may be cited as the State Opioid Response Grant Authorization Act of 2022 . 2. Grant program for State and Tribal response to opioid and stimulant use and misuse Section 1003 of the 21st Century Cures Act ( 42 U.S.C. 290ee3 note) is amended to read as follows: 1003. Grant program for State and Tribal response to opioid and stimulant use and misuse (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall carry out the grant program described in subsection (b) for purposes of addressing opioid use disorder and stimulant misuse and use disorders, within States, Indian Tribes, and populations served by Tribal organizations and Urban Indian organizations. (b) Grants program (1) In general Subject to the availability of appropriations, the Secretary shall award grants to States, Indian Tribes, Tribal organizations, and Urban Indian organizations for the purpose of addressing opioid use disorder and stimulant use and misuse, within such States, such Indian Tribes, and populations served by such Tribal organizations and Urban Indian organizations, in accordance with paragraph (2). (2) Minimum allocations; preference In determining grant amounts for each recipient of a grant under paragraph (1), the Secretary shall— (A) ensure that each State receives not less than $12,000,000; and (B) give preference to States, Indian Tribes, Tribal organizations, and Urban Indian organizations— (i) whose populations have an incidence or prevalence of opioid use disorder that is substantially higher relative to the populations of other States, Indian Tribes, Tribal organizations, or Urban Indian organizations, as applicable; or (ii) whose areas are more rural relative to the populations of other States, Indian Tribes, Tribal organizations, or Urban Indian organizations, as applicable. (3) Formula methodology (A) In general At least 30 days before publishing a funding opportunity announcement with respect to grants under this section, the Secretary shall— (i) develop a formula methodology, consistent with paragraph (2), to be followed in allocating grant funds awarded under this section among grantees, which includes performance assessments for continuation awards; and (ii) not later than 30 days after developing the formula methodology under clause (i), submit the formula methodology to— (I) the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate; and (II) the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives. (B) Transition period for new formula methodology The Secretary shall set a 2-year transition period for the implementation of any new formula methodology if such new formula methodology would reduce the allocation of any State by more than 10 percent. (C) Consideration The Secretary shall ensure that the formula developed under subparagraph (A) avoids a significant cliff between States with similar mortality rates related to opioid use disorders to prevent unusually large funding changes in States when compared to prior year allocations. (D) Report Not later than 2 years after the date of the enactment of the State Opioid Response Grant Authorization Act of 2022 , the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that assesses— (i) how grant funding is allocated to States under this section and how such allocations have changed over time; (ii) how any changes within the specified 2-year period after the date of enactment of the State Opioid Response Grant Authorization Act of 2022 have affected the efforts of States to address opioid use disorder or stimulant use and misuse; and (iii) the use of funding provided through the grant program under this section and other similar grant programs administered by the Substance Abuse and Mental Health Services Administration. (4) Use of funds Grants awarded under this subsection shall be used for carrying out activities that supplement activities pertaining to opioid use disorder and stimulant use and misuse, undertaken by the State agency responsible for administering the substance abuse prevention and treatment block grant under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ), which may include public health-related activities such as the following: (A) Implementing substance use disorder and overdose prevention activities and evaluating such activities to identify effective strategies to prevent substance use disorders and overdoses. (B) Establishing or improving prescription drug monitoring programs. (C) Training for health care practitioners, such as best practices for prescribing opioids and stimulants, pain management, recognizing potential cases of substance use disorders, referral of patients to treatment programs, preventing diversion of controlled substances, and overdose prevention. (D) Supporting access to health care services, including— (i) services provided by federally-certified opioid or stimulant treatment programs; (ii) outpatient and residential substance use disorder treatment services that utilize, or refer patients to, medication-assisted treatment, where clinically appropriate; (iii) services to treat substance use disorders provided by other appropriate health care providers and at other locations; or (iv) overdose prevention programs and services, including drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected overdose. (E) Recovery support services, including— (i) community-based services that include peer supports; (ii) mutual aid recovery programs that support medication-assisted treatment; (iii) services to address housing needs, transportation needs, food insecurity, and employment issues; or (iv) resources or programs that support families that include an individual with a substance use disorder, including education, training, outreach, and peer support services. (F) Other public health-related activities, as the grant recipient determines appropriate, related to addressing substance use disorders within the State, Indian Tribe, Tribal organization, or Urban Indian organization, including directing resources in accordance with local needs related to substance use disorders. (c) Accountability and oversight A State receiving a grant under subsection (b) shall include in reporting related to substance use disorders submitted to the Secretary pursuant to section 1942 of the Public Health Service Act ( 42 U.S.C. 300x–52 ), a description of— (1) the purposes for which the grant funds received by the State under such subsection for the preceding fiscal year were expended and a description of the activities of the State under the grant; (2) the ultimate recipients of amounts provided to the State; and (3) the number of individuals served through each of the activities of the State under the grant and the total number of individuals served through the grant. (d) Limitations Any funds made available pursuant to subsection (i)— (1) notwithstanding any transfer authority in any appropriations Act, shall not be used for any purpose other than the grant program under subsection (b); and (2) shall be subject to the same requirements as substance use disorders prevention and treatment programs under titles V and XIX of the Public Health Service Act ( 42 U.S.C. 290aa et seq. , 300w et seq.). (e) Indian Tribes, Tribal organizations, and Urban Indian organizations The Secretary, in consultation with Indian Tribes, Tribal organizations, and Urban Indian organizations, shall identify and establish appropriate mechanisms for Indian Tribes, Tribal organizations, and Urban Indian organizations to demonstrate or report information as required under subsections (b), (c), and (d). (f) Report to Congress Not later than September 30, 2024, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report that includes a summary of the information provided to the Secretary in reports made pursuant to subsections (c) and (e), including— (1) the purposes for which grant funds are awarded under this section; (2) the activities of the grant recipients; and (3) for each State, Indian Tribe, Tribal organization, and Urban Indian organization that receives a grant under this section, the funding level provided to such recipient. (g) Technical assistance The Secretary, acting, as appropriate, through the Tribal Training and Technical Assistance Center of the Substance Abuse and Mental Health Services Administration, shall provide States, Indian Tribes, Tribal organizations, and Urban Indian organizations, as applicable, with— (1) technical assistance concerning grant application and submission procedures under this section; (2) award management activities; and (3) enhancement of outreach and direct support to rural and underserved communities and providers in addressing substance use disorders. (h) Definitions In this section: (1) Indian Tribe; Tribal organization The terms Indian Tribe and Tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) State The term State has the meaning given such term in section 1954(b) of the Public Health Service Act ( 42 U.S.C. 300x–64(b) ). (3) Urban indian organization The term Urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (i) Authorization of appropriations (1) In general For purposes of carrying out the grant program under subsection (b), there is authorized to be appropriated $2,700,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. (2) Federal administrative expenses Of the amounts made available for each fiscal year to award grants under subsection (b), the Secretary shall use not more than 2 percent for Federal administrative expenses, training, technical assistance, and evaluation. (3) Set aside Of the amounts made available for each fiscal year to award grants under subsection (b) for a fiscal year, the Secretary shall— (A) award 5 percent to Indian Tribes, Tribal organizations, and Urban Indian organizations; and (B) award up to 15 percent to States with the highest age-adjusted rates of drug overdose death over the most recent 2-year period, according to the Director of the Centers for Disease Control and Prevention. . | https://www.govinfo.gov/content/pkg/BILLS-117s4839is/xml/BILLS-117s4839is.xml |
117-s-4840 | II 117th CONGRESS 2d Session S. 4840 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Graham (for himself, Mr. Daines , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.
1. Short title This Act may be cited as the Protecting Pain-Capable Unborn Children from Late-Term Abortions Act . 2. Legislative findings and declaration of constitutional authority for enactment Congress finds and declares the following: (1) Medical and other authorities now know more about human prenatal development than ever before, including that— (A) an unborn child first moves about in the womb and first reacts to touch at approximately 8 weeks gestation; (B) the eyes begin to form at 5 weeks gestation and finish forming by 10 weeks gestation; (C) eye movements can be detected by ultrasound at 12 weeks gestation; (D) by 8 to 9 weeks gestation, an unborn child has detectable brain waves; (E) at 9 weeks gestation— (i) an unborn child’s diaphragm is developing, and he or she may even hiccup; and (ii) an unborn child is beginning to move about freely in the womb; (F) by 9 to 11 weeks gestation, teeth as well as external genitalia begin to form; (G) by 10 weeks gestation— (i) all of an unborn child’s organ rudiments are formed and in place; (ii) the digestive system and kidneys start to function; and (iii) an unborn child will show a preference for either right-handedness or left-handedness; and (H) at 12 weeks gestation— (i) an unborn child can open and close his or her fingers, starts to make sucking motions, and senses stimulation from the world outside the womb; and (ii) fingernails and fingerprints begin to form. (2) The Supreme Court of the United States has acknowledged that, by at least 12 weeks gestation, an unborn child has taken on the human form in all relevant aspects. Gonzales v. Carhart, 550 U.S. 124, 160 (2007). (3) Pain receptors (also known as nociceptors ) begin forming at 7 weeks gestational age. Nerves linking these pain receptors to the brain’s thalamus and subcortical plate form between 12 and 20 weeks gestational age. At no later than 16 weeks gestational age, the first contact occurs between the subcortical plate and these forming fibers. (4) In considering the use of anesthesia for invasive medical procedures performed on the fetus, doctors have concluded, based on the evidence, that from as early as 12 weeks gestational age, and certainly by 15 weeks gestational age, the fetus is extremely sensitive to painful stimuli, making it necessary to apply adequate analgesia and anesthesia to prevent fetal suffering. (5) Substantial evidence indicates that neural elements, such as the thalamus and subcortical plate, which develop at specific times during the early development of an unborn child, serve as pain-processing structures, and are different from the neural elements used for pain processing by adults. Recent evidence, particularly since 2016, demonstrates that structures responsible for pain show signs of sufficient maturation beginning at 15 weeks of gestation. (6) In an unborn child, application of painful stimuli is associated with significant increases in stress hormones known as the stress response. (7) Subjection to painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life. (8) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia. (9) The assertion by some medical experts that an unborn child is incapable of experiencing pain until a point in pregnancy later than 24 weeks gestational age predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provide strong evidence for the conclusion that a functioning cortex is not necessary to experience pain. (10) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, such as those with hydranencephaly, nevertheless experience pain. (11) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does. (12) The assertion of some medical experts that an unborn child remains in a coma-like sleep state that precludes an unborn child from experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate an unborn child with anesthesia and provide analgesia to prevent an unborn child from engaging in vigorous movement in reaction to invasive surgery. (13) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain at least by 15 weeks gestational age, if not earlier. (14) Abortion carries significant physical and psychological risks to the pregnant woman, and these physical and psychological risks increase with gestational age. (15) The majority of abortion procedures performed after 15 weeks gestation are dismemberment abortion procedures which involve the use of surgical instruments to crush and tear an unborn child apart before removing the pieces of the dead child from the womb. (16) Medical complications from dismemberment abortions include pelvic infection, incomplete abortions (retained tissue), blood clots, heavy bleeding or hemorrhage, laceration, tear, or other injury to the cervix, puncture, laceration, tear, or other injury to the uterus, injury to the bowel or bladder, depression, anxiety, substance abuse, and other emotional or psychological problems. Further, in abortions performed after 15 weeks gestation, there is a higher risk of requiring a hysterectomy, other reparative surgery, or a blood transfusion. (17) In subparagraphs (J) and (K) of section 2(14) of the Partial-Birth Abortion Ban Act of 2003 ( Public Law 108–105 ; 117 Stat. 1201), Congress found and declared that late-term abortion, such as a dismemberment abortion, confuses the medical, legal, and ethical duties of physicians to preserve and promote life, as the physician acts directly against the physical life of a child and undermines the public’s perception of the appropriate role of a physician . (18) The [Supreme] Court has given state and federal legislatures wide discretion to pass legislation in areas where there is medical and scientific uncertainty. Gonzales v. Carhart, 550 U.S. at 163. The law need not give abortion doctors unfettered choice in the course of their medical practice, nor should it elevate their status above other physicians in the medical community. Gonzales v. Carhart, 550 U.S. at 163. Medical uncertainty does not foreclose the exercise of legislative power in the abortion context any more than it does in other contexts. Gonzales v. Carhart, 550 U.S. at 164. (19) The Supreme Court has held that [i]t is time to heed the Constitution and return the issue of abortion to the people’s elected representatives. Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228, 2243 (2022). (20) The Supreme Court has also held that [a] law regulating abortion, like other health and welfare laws, is entitled to a strong presumption of validity. . . . It must be sustained if there is a rational basis on which the legislature could have thought that it would serve legitimate state interests. . . . These legitimate interests include respect for and preservation of prenatal life at all stages of development . . . ; the protection of maternal health and safety; the elimination of particularly gruesome or barbaric medical procedures; the preservation of the integrity of the medical profession; the mitigation of fetal pain; and the prevention of discrimination on the basis of race, sex, or disability. Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. at 2239. (21) It is the purpose of Congress to assert a legitimate governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. (22) Congress has authority to extend protection to pain-capable unborn children under— (A) the Commerce Clause of section 8 of article I of the Constitution of the United States, as interpreted by the Supreme Court; and (B) the Equal Protection and Due Process Clauses of section 1, and the Enforcement Clause of section 5, of the 14th Amendment to the Constitution. 3. Federal minimum protections for pain-capable unborn children (a) In general Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: 1532. Federal minimum protections for pain-capable unborn children (a) Unlawful conduct Subject to subsection (g) and notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b). (b) Minimum requirements for abortions (1) Assessment of the age of the unborn child The physician performing or attempting the abortion shall first make a determination of the probable gestational age of the unborn child or reasonably rely upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of gestational age. (2) Prohibition on performance of certain abortions (A) Generally for unborn children 15 weeks or older Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable gestational age, as determined under paragraph (1), of the unborn child is 15 weeks or greater. (B) Exceptions Subparagraph (A) does not apply if— (i) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions; (ii) the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion— (I) she has obtained counseling for the rape; or (II) she has obtained medical treatment for the rape or an injury related to the rape; or (iii) the pregnancy is a result of rape against a minor or incest against a minor, and the rape or incest has been reported at any time prior to the abortion to either— (I) a government agency legally authorized to act on reports of child abuse; or (II) a law enforcement agency. (C) Requirement as to manner of procedure performed Notwithstanding the definitions of abortion and attempt in this section, a physician terminating or attempting to terminate a pregnancy under an exception provided by subparagraph (B) may do so only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive. (D) Requirement that a physician trained in neonatal resuscitation be present If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). (E) Children born alive after attempted abortions When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002 ), the following shall apply: (i) Degree of care required Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth. (ii) Immediate admission to a hospital Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. (iii) Mandatory reporting of violations A health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both. (F) Documentation requirements (i) Documentation pertaining to adults A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(ii) shall, prior to the abortion, place in the patient medical file documentation from a hospital licensed by the State or operated under authority of a Federal agency, a medical clinic licensed by the State or operated under authority of a Federal agency, from a personal physician licensed by the State, a counselor licensed by the State, or a victim’s rights advocate provided by a law enforcement agency that the adult woman seeking the abortion obtained medical treatment or counseling for the rape or an injury related to the rape. (ii) Documentation pertaining to minors A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file— (I) documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or (II) as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. (G) Informed consent (i) Consent form required The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. (ii) Content of consent form The Informed Consent Authorization form shall be presented in person by the physician and shall consist of— (I) a statement by the physician indicating the probable gestational age of the pain-capable unborn child; (II) a statement that Federal law allows abortion after 15 weeks probable gestational age only if— (aa) the mother’s life is endangered by a physical disorder, physical illness, or physical injury; or (bb) the pregnancy was the result of— (AA) rape; or (BB) an act of incest against a minor; (III) a statement that the pregnancy must be terminated by the method most likely to allow the child to be born alive unless this would cause significant risk to the mother; (IV) a statement that in any case in which an abortion procedure results in a child born alive, Federal law requires that child to be given every form of medical assistance that is provided to children spontaneously born prematurely, including transportation and admittance to a hospital; (V) a statement that these requirements are binding upon the physician and all other medical personnel who are subject to criminal and civil penalties and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and (VI) affirmation that each signer has filled out the informed consent form to the best of their knowledge and understands the information contained in the form. (iii) Signatories required The Informed Consent Authorization form shall be signed in person by the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness. (iv) Retention of consent form The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient’s medical file. (H) Requirement for data retention Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient’s medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient’s medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. (I) Additional exceptions and requirements (i) In cases of risk of death or major injury to the mother Subparagraphs (C), (D), and (G) shall not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk of— (I) the death of the pregnant woman; or (II) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. (ii) Exclusion of certain facilities Notwithstanding the definitions of the terms medical treatment and counseling in subsection (g), the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital). (iii) Rule of construction in cases of reports to law enforcement The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. (c) Criminal penalty Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both. (d) Bar to prosecution A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. (e) Civil remedies (1) Civil action by a woman on whom an abortion is performed A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. (2) Civil action by a parent of a minor on whom an abortion is performed A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct. (3) Appropriate relief Appropriate relief in a civil action under this subsection includes— (A) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (B) statutory damages equal to 3 times the cost of the abortion; and (C) punitive damages. (4) Attorneys fees for plaintiff The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. (5) Attorneys fees for defendant If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff. (6) Awards against woman Except as provided in paragraph (5), in a civil action under this subsection, no damages, attorney’s fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. (f) Data collection (1) Data submissions Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (in this subsection referred to as the Center ) not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. (2) Contents of summary The summary shall include the number of abortions performed or attempted on an unborn child who had a gestational age of 15 weeks or more and specify the following for each abortion under subsection (b)(2)(B): (A) The probable gestational age of the unborn child. (B) The method used to carry out the abortion. (C) The location where the abortion was conducted. (D) The exception under subsection (b)(2)(B) under which the abortion was conducted. (E) Any incident of live birth resulting from the abortion. (3) Exclusions from data submissions A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (4) Public report The Center shall annually issue a public report providing statistics by State for the previous year compiled from all of the summaries made to the Center under this subsection. The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. The annual report shall be issued by July 1 of the calendar year following the year in which the abortions were performed or attempted. (g) Rules of construction (1) Greater protection Nothing in this section may be construed to preempt or limit any Federal, State, or local law that provides greater protections for an unborn child than those provided in this section. (2) Creating or recognizing right Nothing in this section shall be construed to— (A) create or recognize a right to abortion; or (B) make lawful an abortion that is unlawful on the date of enactment of this section. (h) Definitions In this section the following definitions apply: (1) Abortion The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device— (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; or (ii) to remove a dead unborn child. (2) Attempt The term attempt , with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. (3) Counseling The term counseling means counseling provided by a counselor licensed by the State, or a victims rights advocate provided by a law enforcement agency. (4) Facility The term facility means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility. (5) Fertilization The term fertilization means the fusion of a human spermatozoon with a human ovum. (6) Gestational age The term gestational age , with respect to an unborn child, means the age of the unborn child calculated from the first day of the pregnant woman’s last menstrual period. (7) Medical treatment The term medical treatment means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State. (8) Minor The term minor means an individual who has not attained the age of 18 years. (9) Perform The term perform , with respect to an abortion, includes inducing an abortion through a medical or chemical intervention, including writing a prescription for a drug or device intended to result in an abortion. (10) Physician The term physician means a person licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise legally authorized to perform an abortion. (11) Probable gestational age of the unborn child The term probable gestational age of the unborn child means what, in reasonable medical judgment, will with reasonable probability be the gestational age at the time the abortion is performed or induced. (12) Reasonable medical judgment The term reasonable medical judgment means a medical judgment that would be made by a reasonably prudent physician in the field of obstetrics, maternal fetal medicine, or neonatology who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. (13) State The term State means any of the several States, the District of Columbia, or any territory or possession of the United States. (14) Unborn child The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1. (15) Woman The term woman means a female human being whether or not she has reached the age of majority. . (b) Clerical amendment The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item: 1532. Federal minimum protections for pain-capable unborn child protection. . (c) Chapter heading amendments (1) Chapter heading in chapter The chapter heading for chapter 74 of title 18, United States Code, is amended by striking Partial-Birth Abortions and inserting Abortions . (2) Table of chapters for part I The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended to read as follows: 74. Abortions 1531 . | https://www.govinfo.gov/content/pkg/BILLS-117s4840is/xml/BILLS-117s4840is.xml |
117-s-4841 | II 117th CONGRESS 2d Session S. 4841 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Warnock (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend titles 10 and 38, United States Code, to improve benefits and services for surviving spouses, and for other purposes.
1. Short title This Act may be cited as the Love Lives On Act of 2022 . 2. Removal of expiration on entitlement to Marine Gunnery Sergeant John David Fry Scholarship for surviving spouses Section 3311(f) of title 38, United States Code, is amended— (1) by striking paragraph (2); (2) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (3) in paragraph (2), as redesignated by paragraph (2) of this section, by striking in paragraph (4) and inserting in paragraph (3) ; and (4) in paragraph (3)(A), as redesignated by paragraph (2) of this section, by striking under paragraph (3) and inserting under paragraph (2) . 3. Modification of entitlement to veterans dependency and indemnity compensation for surviving spouses who remarry (a) In general Section 103(d) of title 38, United States Code, is amended— (1) in paragraph (2)(B)— (A) by inserting (i) before The remarriage ; (B) in clause (i), as designated by subparagraph (A), by striking Notwithstanding the previous sentence and inserting the following: (ii) Notwithstanding clause (i) ; and (C) by adding at the end the following new clause: (iii) Notwithstanding clause (ii), the remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 of this title to the surviving spouse of a veteran. ; and (2) in paragraph (5)— (A) by striking subparagraph (A); and (B) by renumbering subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively. (b) Resumption of payments to certain individuals previously denied dependency and indemnity compensation Beginning on the first day of the first month after the date of the enactment of this Act, the Secretary shall resume payment of dependency and indemnity compensation under section 1311 of such title to each living individual who— (1) is the surviving spouse of a veteran; and (2) remarried before— (A) reaching age 55; and (B) the date of the enactment of this Act. 4. Continued eligibility for survivor benefit plan for certain surviving spouses who remarry Section 1450(b)(2) of title 10, United States Code, is amended— (1) by striking An annuity and inserting the following: (A) In general (A) Subject to subparagraph (B), an annuity ; and (2) by adding at the end the following new subparagraph: (B) Treatment of survivors of members who die on active duty The Secretary may not terminate payment of an annuity for a surviving spouse described in subparagraph (A) or (B) of section 1448(d)(1) solely because that surviving spouse remarries. In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of Love Lives On Act of 2022 , the Secretary shall resume payment of the annuity to that surviving spouse— (i) except as provided by clause (ii), for each month that begins on or after the date that is one year after such date of enactment; or (ii) on January 1, 2023, in the case of a surviving spouse who elected to transfer payment of that annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on December 31, 2019. . 5. Access to commissary and exchange privileges for remarried spouses (a) Benefits Section 1062 of title 10, United States Code, is amended— (1) by striking The Secretary of Defense and inserting the following: (a) Certain unremarried former spouses The Secretary of Defense ; (2) by striking commissary and exchange privileges and inserting use commissary stores and MWR retail facilities ; (3) by adding at the end the following new subsection: (b) Certain remarried surviving spouses The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services. ; and (4) by adding at the end the following new subsection: (c) MWR retail facilities defined In this section, the term MWR retail facilities has the meaning given that term in section 1063(e) of this title. . (b) Clerical amendments (1) Section heading The heading of section 1062 of title 10, United States Code, is amended to read as follows: 1062. Certain former spouses and surviving spouses . (2) Table of sections The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by striking the item relating to section 1062 and inserting the following new item: 1062. Certain former spouses and surviving spouses. . 6. Expansion of definition of dependent under TRICARE program to include a remarried widow or widower whose subsequent marriage has ended Section 1072(2) of title 10, United States Code, is amended— (1) in subparagraph (H), by striking ; and and inserting a semicolon; (2) in subparagraph (I)(v), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (J) a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment. . 7. Definition of surviving spouse for purposes of veterans benefits Paragraph (3) of section 101 of title 38, United States Code, is amended to read as follows: (3) The term surviving spouse means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran's death, and who lived with the veteran continuously from the date of marriage to the date of the veteran's death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. . | https://www.govinfo.gov/content/pkg/BILLS-117s4841is/xml/BILLS-117s4841is.xml |
117-s-4842 | II 117th CONGRESS 2d Session S. 4842 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Cruz (for himself, Ms. Cantwell , Ms. Baldwin , Mr. Wicker , and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the United States Coast Guard to implement new rules for Merchant Marine credentialing for veterans and members of the Uniformed Services, and for other purposes.
1. Short title This Act may be cited as the Military to Mariners Act of 2022 . 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) The United States Uniformed Services are composed of the world’s most highly trained and professional servicemembers. (2) A robust Merchant Marine and ensuring United States mariners can compete in the global workforce are vital to economic and national security. (3) Attracting additional trained and credentialed mariners, particularly from active duty servicemembers and military veterans, will support United States national security requirements and provide meaningful, well-paying jobs to United States veterans. (4) There is a need to ensure that the Federal Government has a robust, state of the art, and efficient merchant mariner credentialing system to support economic and national security. (b) Sense of congress It is the sense of Congress that— (1) veterans and members of the Uniformed Services who pursue credentialing to join the United States Merchant Marine should receive vigorous support; and (2) it is incumbent upon the regulatory bodies of the United States to streamline regulations to facilitate transition of veterans and members of the Uniformed Services into the United States Merchant Marine to maintain a strong maritime presence in the United States and worldwide. 3. Modification of sea service requirements for merchant mariner credentials for veterans and members of the Uniformed Services (a) Definitions In this section: (1) Merchant mariner credential The term merchant mariner credential has the meaning given the term in section 7510 of title 46, United States Code. (2) Secretary The term Secretary means the Secretary of the department in which the Coast Guard is operating. (3) Uniformed Services The term Uniformed Services has the meaning given the term uniformed services in section 2101 of title 5, United States Code. (b) Review and regulations Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this Act, the Secretary shall— (1) review and examine— (A) the requirements and procedures for veterans and members of the Uniformed Services to receive a merchant mariner credential; (B) the classifications of sea service acquired through training and service as a member of the Uniformed Services and level of equivalence to sea service on merchant vessels; (C) the amount of sea service, including percent of the total time onboard for purposes of equivalent underway service, that will be accepted as required experience for all endorsements for applicants for a merchant mariner credential who are veterans or members of the Uniformed Services; (2) provide the availability for a fully internet-based application process for a merchant mariner credential, to the maximum extent practicable; and (3) issue new regulations to— (A) reduce paperwork, delay, and other burdens for applicants for a merchant mariner credential who are veterans and members of the Uniformed Services, and, if determined to be appropriate, increase the acceptable percentages of time equivalent to sea service for such applicants; and (B) reduce burdens and create a means of alternative compliance to demonstrate instructor competency for Standards of Training, Certification and Watchkeeping for Seafarers courses. (c) Consultation In carrying out subsection (b), the Secretary shall consult with the National Merchant Marine Personnel Advisory Committee taking into account the present and future needs of the United States Merchant Marine labor workforce. (d) Report Not later than 180 days after the date of enactment of this Act, the Committee on the Marine Transportation System shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Armed Services of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Armed Services of the House of Representatives, a report that contains an update on the activities carried out to implement— (1) the July 2020 report by the Committee on the Marine Transportation System to the White House Office of Trade and Manufacturing Policy on the implementation of Executive Order 13860 (84 Fed. Reg. 8407; relating to supporting the transition of active duty servicemembers and military veterans into the Merchant Marine); and (2) section 3511 of the National Defense Authorization Act of 2020 ( Public Law 116–92 ; 133 Stat. 1978). (e) Assessment of skillbridge for employment as a merchant mariner The Secretary of the department in which the Coast Guard is operating, in collaboration with the Secretary of Defense, shall assess the use of the SkillBridge program of the Department of Defense as a means for transitioning active duty sea service personnel toward employment as a merchant mariner. | https://www.govinfo.gov/content/pkg/BILLS-117s4842is/xml/BILLS-117s4842is.xml |
117-s-4843 | II 117th CONGRESS 2d Session S. 4843 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Cruz (for himself, Mr. Cotton , Mr. Rubio , Mrs. Blackburn , Mr. Young , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To permit visiting dignitaries and service members from Taiwan to display the flag of the Republic of China.
1. Short title This Act may be cited as the Taiwan Symbols of Sovereignty (SOS) Act of 2022 . 2. Requirement to permit dignitaries and service members from Taiwan to display the flag of the Republic of China (a) In general The Secretary of State and the Secretary of Defense shall permit members of the Armed Forces and Government representatives from the Republic of China (Taiwan) or the Taipei Economic and Cultural Representative Office (TECRO) to display, for the official purposes set forth in subsection (b), symbols of Republic of China sovereignty, including— (1) the flag of the Republic of China (Taiwan); and (2) the corresponding emblems or insignia of military units. (b) Official purposes The official purposes referred to in subsection (a) are— (1) the wearing of official uniforms; (2) conducting government hosted ceremonies or functions; and (3) appearances on Department of State and Department of Defense social media accounts promoting engagements with Taiwan. | https://www.govinfo.gov/content/pkg/BILLS-117s4843is/xml/BILLS-117s4843is.xml |
117-s-4844 | II 117th CONGRESS 2d Session S. 4844 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Merkley (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes.
1. Short title This Act may be cited as the National Nursing Workforce Center Act of 2022 . 2. State nursing workforce centers Title VII of the Public Health Service Act ( 42 U.S.C. 292 et seq. ) is amended— (1) by redesignating part G ( 42 U.S.C. 295j et seq. ) as part H; and (2) by inserting after part F the following new part: G Nursing workforce centers 785. State and regional nursing workforce center data collection pilot program (a) In general The Secretary shall carry out a 3-year pilot program to establish new or enhance existing State-based nursing workforce centers, evaluate the impact of State-based nursing workforce centers on outcomes, and assess the feasibility of nursing workforce public-private partnerships. The Secretary shall begin implementation of such pilot program not later than 1 year after the date of enactment of the National Nursing Workforce Center Act of 2022 . (b) Grant terms (1) Number of grants awarded The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). (2) Term The term of a grant awarded under the pilot program under subsection (a) shall be 3 years. (3) Matching requirement As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non-Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. Such contributions may be made directly or through donations from public or private entities. (c) Eligibility To be eligible to receive a grant under this section, an entity shall be— (1) a State agency; (2) a State board of nursing; (3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; (4) a community-based organization; (5) a school of nursing (as defined in section 801); or (6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. (d) Equitable distribution In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that such grants are equitably distributed among— (1) the geographical regions of the United States; and (2) States with an existing nursing workforce center and States without any such existing center. (e) Priority In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that— (1) propose to provide statewide services; (2) have expertise in the State’s nursing workforce issues; (3) have a history of convening entities to address nursing workforce issues; and (4) have partnerships with entities that traditionally educate and employ the State’s nurses. (f) Use of funds A nursing workforce center supported under this section may use funds provided under this section for the following statewide activities: (1) Conducting comprehensive analysis of and research on— (A) existing State nursing workforce data and gaps in such data; (B) 2- and 4-year nursing education programs, including with respect to— (i) faculty capacity and pay; (ii) enrollment, retention, and graduation; (iii) services for nursing students and the outcomes of such services; (iv) facility needs; and (v) clinical placement capacity; (C) State-specific scholarships, grants, and financial aid; and (D) factors contributing to retention and recruitment challenges and to nurses leaving the workplace or profession. (2) Conducting strategic nursing workforce planning with employers across all work settings and nursing education. (3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. (4) Establishing and implementing programs to— (A) support and retain faculty to increase enrollment in schools of nursing; (B) recruit and retain nurses in all settings where nurses practice; (C) support leadership development; (D) prepare the nursing workforce to address social determinants of health and health inequities; (E) prepare nurses for public health crisis and pandemic response; (F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and (G) diversify the nursing workforce. (g) Reports Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. Each such report shall include— (1) a description of initiatives to study the unique characteristics of State nursing workforces, and efforts to increase the number of new nurses, recruit nurses to the nursing profession, and retain nurses in the workplace; (2) impact data on nurses served by nursing workforce centers, including demographic information of the individuals served, the number of such individuals, and the types of services provided; (3) the effectiveness of establishing formal public-private relationships at understanding the national nursing workforce through improved data collection and standardization; (4) data on continuous evaluation and quality improvement, and other relevant data as determined by the Secretary; and (5) the Secretary’s recommendations and best practices for— (A) reducing shortages among different nursing specialties; (B) reducing shortages in rural and underserved areas; (C) improving geographical distribution of the nursing workforce; and (D) reducing shortages among different types of nursing employers. (h) Authorization of appropriations To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025. . 3. State and regional centers for health workforce analysis (a) Expansion of covered programs Section 761(c)(1)(A) of the Public Health Service Act ( 42 U.S.C. 294n(c)(1)(A) ) is amended by striking under this title and inserting under this Act . (b) Analysis and technical assistance Section 761(c) of the Public Health Service Act ( 42 U.S.C. 294n(c) ) is amended by adding at the end the following: (3) Minimum requirement At least one grant or contract awarded under this subsection shall be awarded to an eligible entity that demonstrates— (A) a mission to advance and support the nursing workforce; (B) experience and expertise in guiding State-level nursing workforce centers; (C) experience in working with nursing workforce data; (D) expertise in analytical methods and tools appropriate for nursing workforce research; and (E) awareness of emerging topics, issues, and trends related to the nursing workforce. (4) Analysis and reporting Analysis and reporting carried out pursuant to a grant or contract under this subsection may include— (A) collaborating with nursing workforce centers to produce or deliver, with respect to the supply of nurses, the demand for nurses, and the capacity to educate and train the nursing workforce— (i) regional and national reports; (ii) articles in peer-reviewed journals; (iii) presentations at national and international conferences and meetings; and (iv) policy briefs, fact sheets, articles, blogs, and other publications available in the public domain; (B) evaluating the programs and activities of the nursing workforce centers overall; (C) developing evidence-based or evidence-informed strategies and best practices to alleviate nursing workforce shortages across States and regions; and (D) conducting rapid data analysis and short-term, issue-specific research. (5) Technical Assistance Technical assistance provided pursuant to this subsection may include— (A) providing technical assistance to nursing workforce centers on the collection, analysis, and reporting of standardized supply, demand, and education and training data to inform analysis conducted pursuant to paragraph (1); (B) collaborating with nursing workforce centers to identify and deliver evidence-based or evidence-informed strategies to alleviate nursing shortages and the maldistribution of nurses; (C) providing online and in-person training opportunities for nurses and other staff at nursing workforce centers; and (D) developing and maintaining a website that— (i) is accessible to grant and contract recipients under section 785 and this section; (ii) supports resources for the provision of technical assistance under this section, such as— (I) evidence-based or evidence-informed educational materials, tools, recent findings of interest, and links to relevant resources; and (II) logistical and administrative information, such as online trainings, webinars, and publications; and (iii) includes a publicly accessible repository of webinars, tools, and resources. (6) Definition In this subsection, the term nursing workforce center means a nursing workforce center funded under section 785. . | https://www.govinfo.gov/content/pkg/BILLS-117s4844is/xml/BILLS-117s4844is.xml |
117-s-4845 | II 117th CONGRESS 2d Session S. 4845 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Cruz (for himself and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for safe schools and safe communities.
1. Short title This Act may be cited as the Securing Our Schools Act of 2022 . 2. Nonprofit security grant program Section 2009 of the Homeland Security Act of 2002 ( 6 U.S.C. 609a ) is amended— (1) in subsection (e), by striking 2020 through 2024 and inserting 2023 through 2030 ; (2) by redesignating subsection (f) as subsection (i); (3) by inserting after subsection (e) the following: (f) Feedback (1) In general If the Administrator denies an application for a grant under this section, not later than 120 days after the date of the denial, the Administrator shall— (A) notify the applicant; and (B) provide an explanation for the denial. (2) Explanation An explanation described in paragraph (1)(B) shall include information identifying the reason for the denial of the application, including— (A) any factors that led to a lower score or rank compared to other applicants; and (B) an identification of any deficiencies in the application. (g) Administrative costs and technical assistance A State through which the Administrator makes a grant to an eligible nonprofit organization under this section shall receive a 5-percent increase in the amount of the grant— (1) for administrative costs; and (2) to provide technical assistance to the eligible nonprofit organization. (h) Application update and improvements (1) Public meeting Not later than 90 days after the date of enactment of the Securing Our Schools Act of 2022 , the Administrator shall hold a public meeting to solicit recommendations on updating the application process for a grant under this section. (2) Report Not later than 180 days after the date of enactment of the Securing Our Schools Act of 2022 , the Administrator shall— (A) develop recommendations to modernize and update the application process for a grant under this section, which shall include considerations for— (i) establishing a more streamlined application process; (ii) establishing greater uniformity in the application process among all applicants and the guidance provided to States through which the Administrator makes grants to eligible nonprofit organizations under this section; (iii) ensuring that the application template is compatible with the latest or most widely used version of software programs; and (iv) coordinating with the Administrator of General Services to ensure that applications submitted under this section are compatible across online platforms of the Federal Government; and (B) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes— (i) the recommendations developed under subparagraph (A); and (ii) a description of whether the recommendations developed under subparagraph (A) are consistent with feedback received at the public meeting required under paragraph (1). (3) Implementation of recommendations Not later than 270 days after the date of enactment of the Securing Our Schools Act of 2022 , the Administrator shall implement the recommendations developed under paragraph (2)(A). (4) Paperwork reduction act waiver For the purpose of meeting the deadlines established under this subsection, the Secretary may waive the application of subchapter I of chapter 35 of title 44, United States Code, to the requirements of this subsection. ; and (4) in subsection (i), as so redesignated— (A) in paragraph (1), by striking $75 million for each of fiscal years 2020 through 2024 and inserting $540,000,000 for each of fiscal years 2023 through 2030 ; (B) by striking paragraph (2); and (C) by adding at the end the following: (2) High-risk urban areas Of the amounts made available to carry out this section for each of fiscal years 2023 through 2030, not less than 0.35 percent shall be for grants to eligible recipients located in each high-risk urban area receiving grants under section 2003. (3) Salaries and expenses Of the amounts made available to carry out this section in any fiscal year, the Administrator may transfer to another account of the Federal Emergency Management Agency not more than 3 percent for salaries and administrative expenses, including any necessary expenses to provide feedback or technical assistance to applicants for a grant under this section in accordance with subsection (g). . 3. Securing schools (a) In general (1) Appropriation There are authorized to be appropriated, and there are appropriated, to the Secretary of Education to carry out subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7111 ), $2,560,000,000 for fiscal years 2023 to 2032. (2) School security The Secretary of Education shall use 50 percent of the funds appropriated under paragraph (1) to carry out clause (v) of section 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7114(b)(3)(B) ). (b) Elementary and Secondary Education Act of 1965 Section 4104 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7114 ) is amended in subsection (b)(3)(B)— (1) in clause (iii), by striking and at the end; and (2) by inserting after clause (iv) the following: (v) improving school conditions for student learning, by enabling local educational agencies to use funds available under subsection (a)(3) for the purpose of planning and designing school buildings and facilities, installing infrastructure, and implementing technology or other measures, that strengthen security on school premises, which may include— (I) controlling access to school premises or facilities, through the use of metal detectors, or other measures, or technology, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available), which may include— (aa) secured campus external gate or locked doors or check-in points; (bb) active shooter alert systems; (cc) access control; (dd) internal door locks; (ee) peepholes for classroom doors; (ff) school site alarm and protection systems; (gg) metal detectors or x-ray machines (including portable); (hh) door locking mechanisms and access control doors; (ii) increased lighting on school grounds; (jj) emergency call boxes; (kk) two-way radios; (ll) emergency alerts; (mm) surveillance cameras or systems and infrastructure (such as poles and wiring); (nn) software costs and warranties; (oo) fencing and gating; and (pp) emergency generators to provide back-up power for phone systems, critical lighting, and essential outlets; (II) implementing any technology or measure, or installing any infrastructure, to cover and conceal students within the school during crisis situations; (III) implementing technology to provide coordination with law enforcement and notification to relevant law enforcement and first responders during such a situation, which shall include— (aa) emergency planning and preparation; (bb) emphasis on a school safety plan with buy in from all elements of the school community, including board members, employees, students, parents, law enforcers, government and business leaders, the media, and local residents; (cc) school implementation of threat assessment programs; (dd) development of district-based mandatory incident reporting systems; (ee) establishment of local school safety advisory groups (including parents, families, judges, first responders, health and human service professionals, and mental health professionals); (ff) evidence-based training for school resource officers, school personnel, and students to prevent student violence to enable them to recognize and quickly respond to warning signs; (gg) development and operations of anonymous reporting systems; (hh) evidence-based school threat assessment and crisis intervention teams; (ii) programs to facilitate coordination with local law enforcement; (jj) liability and insurance for school districts; (kk) trauma-informed training for school staff on responses to active shooter situations; and (ll) community engagement for planning and implementing safety policies and procedures; (IV) implementing any technology or measure, including hiring school security officers, or installing any infrastructure, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available) to increase the safety of school students and staff; (V) implementing any technology or measure, or installing any infrastructure, for school safety reinforcement, including bullet-resistant doors and windows; and (VI) implementing any technology or system that would reduce the time needed to disseminate official information to parents regarding the safety of their children during and immediately following a crisis; . 4. Improving school security through the COPS ON THE BEAT program Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b) ) is amended— (1) in paragraph (22), by striking and at the end; (2) in paragraph (23), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (24) to pay salaries and expenses of school resource officers at public, charter, and private elementary schools and secondary schools (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); and (25) to improve physical school security at public, charter, and private elementary schools and secondary schools (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) by obtaining security equipment to protect students in schools and equip law enforcement officers responding to school security issues and installing physical structure improvements, including— (A) fencing, external gates, door locks, and check-in points, to establish a secured campus; (B) active shooter alert systems; (C) access controls; (D) internal door locks; (E) school site alarm and protection systems; (F) metal detector or x-ray machines (including portable machines); (G) ballistic safety equipment for schools and responding law enforcement officers; (H) increased lighting on school grounds; (I) emergency call boxes; (J) two-way radios; (K) emergency alert systems; (L) surveillance cameras or systems, including infrastructure for such systems such as poles and wiring; (M) software costs and warranties; and (N) emergency generators to provide back-up power for phone systems, critical lighting, and essential outlets. . 5. Student mental health (a) Student access to mental health program fund (1) Definitions In this subsection: (A) Eligible school The term eligible school means a school in which the lowest grade at the school is not lower than grade 6 and the highest grade at the school is not higher than grade 12. (B) Secretary The term Secretary means the Secretary of Education. (2) Student access to mental health program fund (A) In general From the funds made available to carry out section 2001 of the American Rescue Plan Act of 2021 ( 20 U.S.C. 3401 note), $10,000,000,000 shall be transferred to establish the Student Access to Mental Health Program Fund , to remain available through September 30, 2031. The Secretary shall use amounts available in such Fund to award grants to States, from allocations under subparagraph (B), to enable the States to support the salary of a mental health professional in eligible schools located in the State. (B) Allocation From the amounts available in the Fund established under subparagraph (A), the Secretary shall make an allocation to each State in the same proportion as the number of eligible schools located in the State. (C) Partnership (i) In general A State awarded a grant under this subsection shall comply with the following: (I) The State shall use the grant funds to cover the cost of the salary, which shall be not more than $55,000, for 10 years for a mental health professional to serve eligible schools located in the State. Such mental health professional shall serve not more than 5 eligible schools in any school year by rotating among the schools for not less than 1 day a week at each such school. (II) The State shall expend non-Federal funds to pay for the other costs of recruitment, training, and benefits for each such mental health professional, and any other expenses related to such employment. (ii) Conditions of grants A State awarded a grant under this subsection shall require that each eligible school served by the grant— (I) provide to the parents of any student enrolled in the school who has not reached age 19 who meets with a mental health professional employed at the school with all counseling records and mental health assessments for such student; (II) not teach Critical Race Theory or include Critical Race Theory in any school program; and (III) not advocate for abortion or abortion services in any form. (b) Funds for programs The unobligated balance of funds made available to carry out sections 2021 and 6002 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) shall be transferred to, and evenly divided among, the following programs: (1) Project AWARE State Educational Agency Grant Program carried out by the Secretary of Health and Human Services. (2) Student Support and Academic Enrichment Grant Program carried out by the Secretary of Education. (3) Community Mental Health Services Block Grant Program carried out by the Secretary of Health and Human Services. (4) Children’s Mental Health Initiative of the Substance Abuse and Mental Health Services Administration. (c) Best practices (1) ESEA definitions In this subsection, the terms elementary school and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Development and dissemination of best practices Not later than 1 year after the date of enactment of this Act, the Administrator of the Substance Abuse and Mental Health Services Administration, the Secretary of Health and Human Services, and the Secretary of Education shall work in consultation to— (A) develop best practices for identifying warning signs of mental health problems with students and identify warning signs for teachers and administrator that a student is at high-risk for violence, specifically for a mass shooting; (B) develop best practices for identifying warning signs of mental health problems with children and identify warning signs for individuals who work at a social service agency that a child under the age of 18 is at high-risk for violence, specifically for a mass shooting; and (C) disseminate the best practices developed under subparagraphs (A) and (B) to each elementary school and secondary school in the United States, and publish the best practices on a publicly accessible website of the Department of Education and the Substance Abuse and Mental Health Services Administration. (d) GAO study (1) In general The Comptroller General of the United States shall conduct a study on how many elementary schools and secondary schools in the United States have a mental health provider for students, how many students take advantage of the mental health services, the main causes for students to access the services. (2) ESEA definitions In this subsection, the terms elementary school and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 6. Authorization and appropriations of funds The unobligated balance of funds made available to carry out section 18003 of division B of the CARES Act ( Public Law 116–136 ; 134 Stat. 565), section 313 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116–260 ; 134 Stat. 1929), and section 2001 of the American Rescue Plan Act of 2021 ( 20 U.S.C. 3401 note) shall be transferred to the Secretary of Education to be used to carry out this Act in an amount not to exceed $38,000,000,000. 7. No Federal funding for abortions (a) In general No funds authorized or appropriated by this Act, or an amendment made by this Act, shall be expended for any abortion or counseling that results in encouraging, facilitating, or referral for an abortion. (b) Health benefits coverage No funds authorized or appropriated by this Act, or an amendment made by this Act, shall be expended for health benefits coverage that includes coverage of abortion. (c) Exceptions The limitations established in paragraphs (a) and (b) shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. | https://www.govinfo.gov/content/pkg/BILLS-117s4845is/xml/BILLS-117s4845is.xml |
117-s-4846 | II 117th CONGRESS 2d Session S. 4846 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Kaine (for himself, Ms. Baldwin , Mrs. Feinstein , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to require institutions of higher education to have an independent advocate for campus sexual assault prevention and response.
1. Short title This Act may be cited as the Survivor Outreach and Support Campus Act or the SOS Campus Act . 2. Independent advocate for campus sexual assault prevention and response Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is amended by adding at the end the following: 124. Independent advocate for campus sexual assault prevention and response (a) Advocate (1) In general (A) Designation Each institution of higher education that receives Federal financial assistance under title IV shall designate an independent advocate for campus sexual assault prevention and response (referred to in this section as the Advocate ) who shall be appointed based on experience and a demonstrated ability of the individual to effectively provide sexual assault victim services. (B) Notification of existence of and information for the advocate Each employee of an institution described in subparagraph (A) who receives a report of sexual assault shall notify the victim of the existence of, contact information for, and services provided by the Advocate of the institution. (C) Appointment Not later than 180 days after the date of enactment of the Survivor Outreach and Support Campus Act , the Secretary shall prescribe regulations for institutions to follow in appointing Advocates under this section. At a minimum, each Advocate shall— (i) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the institution; and (ii) submit to such individual an annual report summarizing how the resources supplied to the Advocate were used, including the number of male and female sexual assault victims assisted. (2) Role of the advocate In carrying out the responsibilities described in this section, the Advocate shall represent the interests of the student victim even when in conflict with the interests of the institution. The Advocate may not be disciplined, penalized, or otherwise retaliated against by the institution for representing the interest of the victim, in the event of a conflict of interest with the institution. (b) Sexual assault In this section, the term sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. (c) Responsibilities of the advocate Each Advocate shall carry out the following, regardless of whether the victim wishes the victim's report to remain confidential: (1) (A) Ensure that victims of sexual assault at the institution receive, with the victim’s consent, the following sexual assault victim’s assistance services available 24 hours a day: (i) Information on how to report a campus sexual assault to law enforcement. (ii) Emergency medical care, including follow up medical care as requested. (iii) Medical forensic or evidentiary examinations. (B) Ensure that victims of sexual assault at the institution receive, with the victim’s consent, the following sexual assault victim’s assistance services: (i) Crisis intervention counseling and ongoing counseling. (ii) Information on the victim’s rights and referrals to additional support services. (iii) Information on legal services. (C) Provide the services described in subparagraphs (A) and (B) either— (i) pursuant to a memorandum of understanding (that includes transportation services) at a rape crisis center, legal organization, or other community-based organization located within a reasonable distance from the institution; or (ii) on the campus of the institution in consultation with a rape crisis center, legal organization, or other community-based organization. (D) Ensure that a victim of sexual assault may not be disciplined, penalized, or otherwise retaliated against for reporting such assault to the Advocate. (2) Guide victims of sexual assault who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the institution or local law enforcement. (3) Attend, at the request of the victim of sexual assault, any administrative or institution-based adjudication proceeding related to such assault as an advocate for the victim. (4) Maintain the privacy and confidentiality of the victim and any witness of such sexual assault, and shall not notify the institution or any other authority of the identity of the victim or any such witness or the alleged circumstances surrounding the reported sexual assault, unless otherwise required by the applicable laws in the State where such institution is located. (5) Conduct a public information campaign to inform the students enrolled at the institution of the existence of, contact information for, and services provided by the Advocate, including— (A) posting information— (i) on the website of the institution; (ii) in student orientation materials; and (iii) on posters displayed in dormitories, cafeterias, sports arenas, locker rooms, entertainment facilities, and classrooms; and (B) training coaches, faculty, school administrators, resident advisors, and other staff to provide information on the existence of, contact information for, and services provided by the Advocate. (d) Clery Act and title IX Nothing in this section shall alter or amend the rights, duties, and responsibilities under section 485(f) or title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) (also known as the Patsy Takemoto Mink Equal Opportunity in Education Act ). . | https://www.govinfo.gov/content/pkg/BILLS-117s4846is/xml/BILLS-117s4846is.xml |
117-s-4847 | II 117th CONGRESS 2d Session S. 4847 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Brown (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To develop a scenario-based training curriculum for law enforcement personnel, and for other purposes.
1. Short title This Act may be cited as the Law Enforcement Scenario-Based Training for Safety and De-Escalation Act of 2022 . 2. Law enforcement scenario-based training curriculum (a) In general Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services, shall develop a scenario-based training curriculum for use in accordance with the grant program under section 3. (b) Curriculum In developing the curriculum under subsection (a), the Attorney General shall— (1) develop a scenario-based training curriculum that addresses— (A) improving community-police relations; (B) officer safety; (C) officer resilience; (D) situational awareness; (E) physical and emotional responses to stress; (F) critical decision-making and problem-solving; (G) de-escalation; (H) use of force and deadly force; and (I) crisis intervention; (2) consult with relevant professional law enforcement associations, community-based organizations, and defense and national security agencies in the development and dissemination of the curriculum; (3) provide expertise and technical assistance to entities seeking to implement the curriculum; (4) evaluate best practices of scenario-based training methods and curriculum content to maintain state-of-the-art expertise in scenario-based learning methodology; and (5) develop a certification process for entities that have successfully implemented the curriculum. 3. Law enforcement scenario-based training grant program (a) In general Beginning on the date that is 1 year after the date of enactment of this Act, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services, shall be authorized to make grants to States, units of local government, Indian Tribal governments, other public and private entities, and multi-jurisdictional or regional consortia to provide law enforcement personnel with access to a scenario-based training curriculum that is substantially similar to the curriculum developed under section 2. (b) Application An applicant seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require. (c) Reports (1) Grantee reports On the date that is 1 year after receiving a grant under this section, each grant recipient shall submit to the Attorney General a report on— (A) any benefits of, and barriers to, delivering the curriculum to law enforcement personnel; and (B) recommendations for improving the access of law enforcement personnel to scenario-based training. (2) Office of Community Oriented Policing Services reports Not later than 1 year after initially awarding grants under this section, and annually thereafter, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services, shall submit to Congress a report on— (A) the number of entities that received grants under this section; (B) the cumulative number and proportion of law enforcement personnel in each State that received training under the scenario-based training curriculum described in section 2, or a curriculum that is substantially similar to that curriculum; (C) any benefits of, and barriers to, delivering such curriculum to law enforcement personnel; (D) recommendations for improving the curriculum developed under section 2; and (E) recommendations for improving the grant program under this section. (d) Funding No additional funds are authorized to be appropriated to carry out this Act. The Attorney General shall carry out this Act using unobligated amounts that are otherwise made available to the Department of Justice. 4. Definitions In this Act: (1) Community-based organizations The term community-based organization means a grassroots organization that— (A) works in communities to improve police accountability and transparency; and (B) has a national presence and membership. (2) Professional law enforcement association The term professional law enforcement association means a law enforcement membership association that works for the needs of Federal, State, local, or Indian Tribal law enforcement groups and with the civilian community on matters of common interest. (3) Scenario-based training The term scenario-based training means the use of live-action simulations and role playing to place law enforcement personnel in an interactive learning environment to replicate real-life scenarios or teach particular skills or techniques. (4) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s4847is/xml/BILLS-117s4847is.xml |
117-s-4848 | II 117th CONGRESS 2d Session S. 4848 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Graham (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for the designation of the Russian Federation as a state sponsor of terrorism.
1. Short title This Act may be cited as the Russia is a State Sponsor of Terrorism Act . 2. Findings Congress finds the following: (1) United States law authorizes the designation of countries that have repeatedly provided support for acts of international terrorism as state sponsors of terrorism. (2) Cuba, the Democratic People’s Republic of Korea, Iran, and Syria have been designated as state sponsors of terrorism. (3) At the direction of President Vladimir Putin, the Government of the Russian Federation has promoted, and continues to promote, acts of international terrorism against political opponents and nation states. (4) Under the orders of President Putin, the Government of the Russian Federation engaged in a campaign of terror that utilized brutal force to target its civilians during the Second Chechen War. (5) Actions by the Government of the Russian Federation against civilian centers, such as Grozny (the capital of Chechnya), left countless innocent men, women, and children dead or wounded. (6) Since 2014, the Government of the Russian Federation— (A) has supported separatists engaging in acts of violence against Ukrainian civilians in the Donbas region; and (B) has detained United States citizens as hostages. (7) The Government of the Russian Federation provides material support to Syria, a nation currently designated as a state sponsor of terrorism. (8) According to the Congressional Research Service, the Russian Federation spreads terror throughout the world through private military networks of mercenaries, such as the Wagner Group, in an effort to project power cheaply and deniably . (9) The Wagner Group collaborates with the Ministry of Defense of the Russian Federation to support the foreign policy objectives of the Russian Federation. (10) The Department of the Treasury— (A) has identified the Wagner Group as a designated Russian Ministry of Defense proxy force ; and (B) has stated that Wagner’s activities in other countries, including Ukraine, Syria, Sudan, and Libya, have generated insecurity and incited violence against innocent civilians . (11) In February 2022, more than 400 Russian mercenaries from the Wagner Group were dispatched to Kyiv with orders from the Kremlin to assassinate President Volodymyr Zelensky and members of the Government of Ukraine. (12) On March 1, 2022, Jason Blazakis, former Director of the Counterterrorism Finance and Designations Office, Bureau of Counterterrorism, Department of State, wrote in reference to white supremacist groups that Russia provides sanctuary to a U.S.-designated terrorist group, the Russian Imperial Movement, which operates with impunity in Russian territory. . (13) On March 17, 2022, President Volodymyr Zelensky called for the world to acknowledge the Russian Federation as a terrorist state. (14) The Verkhovna Rada of Ukraine has appealed to Congress to encourage the Department of State to recognize the Russian Federation as a state sponsor of terrorism, noting that the Russian Federation has for years supported and financed terrorist regimes and terrorist organizations, including being the main supplier of weapons to the Assad regime in Syria and supporting terrorists in the Middle East and Latin America, organizing acts of international terrorism, including the poisoning of the Skripal family in the United Kingdom of Great Britain and Northern Ireland, the downing of a civilian Malaysian airliner and other acts of terrorism . (15) On May 24, 2022, Ukrainian prosecutors accused 2 Wagner Group mercenaries of committing war crimes against civilians near Kyiv. (16) On July 18, 2022, the United Kingdom’s Ministry of Defence confirmed that the Wagner Group plays a central role in recent fighting in Ukraine, including Russia’s capture of Popasna and Lysyschansk. (17) The United States has a range of tools available to hold the Russian Federation accountable, reduce its war machine, and isolate it economically and diplomatically, including by designating it as a state sponsor of terrorism and imposing corresponding sanctions. 3. Designation of the Russian Federation as a state sponsor of terrorism (a) In general Beginning on the date of the enactment of this Act, the Russian Federation shall be deemed to have repeatedly provided support for acts of international terrorism and shall be designated as a state sponsor of terrorism pursuant to— (1) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) ); (2) section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ); (3) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); and (4) any other relevant provision of law. (b) Technical and conforming amendments Section 1605A(h)(6) of title 28, United States Code, is amended— (1) by inserting Congress or before the Secretary of State ; and (2) by striking section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) ), . 4. Waiver The President may remove the designation required under section 3(a) on the date that is 30 days after the date on which the President certifies to the Committee on Foreign Relations of the Senate , the Committee on Foreign Affairs of the House of Representatives , the majority leader and minority leader of the Senate, and the Speaker, majority leader, and minority leader of the House of Representatives that— (1) the Russian Federation is no longer supporting acts of international terrorism; and (2) removing such designation is in the national security interests of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s4848is/xml/BILLS-117s4848is.xml |
117-s-4849 | II 117th CONGRESS 2d Session S. 4849 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Commandant of the Coast Guard to establish a process to update the vessel response plan program, and for other purposes.
1. Short title This Act may be cited as the Oil Spill Response Review Act of 2022 . 2. Findings Congress makes the following findings: (1) Even a minor oil spill can cause significant harm to individual organisms, entire populations, and ecosystems. (2) The impacts from certain oil spills can last for years or even decades. (3) The 2010 Deepwater Horizon oil spill in the Gulf of Mexico released more than 100,000,000 gallons of oil before it was contained 86 days later. (4) The 1989 Exxon Valdez spill released about 11,000,000 gallons of oil, and cleanup efforts continued intermittently for 3 years. (5) Since 2018, the Coast Guard has only verified the accuracy of salvage and marine firefighting information in 71 of over 3,000 submitted VRPs. (6) The National Response Center collects oil spill incident data, but data are often initial, unverified estimates. 3. Definitions In this Act: (1) Commandant The term Commandant means the Commandant of the Coast Guard. (2) ACP The term ACP means an area contingency plan. (3) VRP The term VRP means a vessel response plan. 4. Increasing data collection and verification to update the VRP program (a) In general The Commandant shall develop and carry out a process to update its review of VRPs, which are required to be submitted to the Coast Guard under part 155 of title 33, Code of Federal Regulations, by increasing the collection and improving the quality of incident data on oil spill location and response capability. (b) Activities In developing and carrying out the process required by subsection (a), the Commandant shall— (1) not less frequently than every 3 years, verify the efficacy of— (A) information submitted to the Commandant pursuant to part 300 of title 40, Code of Federal Regulations (or successor regulations), through random selection and auditing of all reported information from not less than 30 percent of— (i) submitted VRPs; (ii) area drills conducted pursuant to section 311(j)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(7) ); and (iii) responses to oil spill incidents that require mobilization of contracted response resources; and (B) oil spill data stored in the Marine Information for Safety and Law Enforcement database and reported by on-scene coordinators pursuant to section 300.300 of title 40, Code of Federal Regulations (or any successor regulation); (2) not less frequently than annually, review, and update as necessary— (A) the information contained in the Coast Guard Response Resource Inventory and other tools used to document the availability and status of oil spill response equipment so as to ensure that such information and tools remain current and accurate; and (B) processes for data submission to the Response Resource Inventory to ensure that Oil Spill Removal Organizations and other participating entities submit accurate and regularly updated information; (3) establish procedures for— (A) incorporating oil spill incident data from oil spill reports and VRP exercises into— (i) VRPs, including alternative planning criteria review and approval processes; and (ii) ACP development; (B) mitigating the impact of military personnel rotations in Coast Guard field units on knowledge and awareness of VRP requirements, including knowledge relating to the evaluation of proposed alternatives to national planning requirements; and (C) evaluating the consequences of reporting inaccurate data in VRPs submitted to the Commandant pursuant to part 300 of title 40, Code of Federal Regulations, and submitted for storage in the Marine Information for Safety and Law Enforcement database pursuant to section 300.300 of that title (or any successor regulation); (4) develop standard tools, job aids, and guidance that— (A) may be shared with vessel owners and operators and Coast Guard field units to assist with accurately calculating and measuring the performance and viability of proposed alternatives against national planning criteria requirements and coastal zone ACPs; and (B) recognize regionally specific challenges; (5) review subcontracts related to submitted VRPs to ensure that all necessary equipment and response resources are obligated to satisfy the VRP planning requirements and respond to an oil spill, as applicable; (6) not less frequently than every 5 years, review, and revise as necessary, Coast Guard planning, preparedness, and oil spill response strategies based on analyses of— (A) incident data on oil spill location and response capability; (B) oil spill risk assessments; (C) oil spill response effectiveness and the effects of such response on the environment; and (D) oil spill response exercises conducted pursuant to section 311(j)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(7) ); and (7) collaborate with the heads of other Federal agencies to increase Federal Government engagement with State, local, and Tribal agencies and stakeholders, including regulated entities, for the purpose of strengthening coordination and efficiency of oil spill responses. (c) Public availability of data Subject to section 552 of title 5, United States Code, the Commandant shall make available to the public the data described in subsection (b)(1). (d) Annual report Not less frequently than annually, the Commandant shall submit to Congress a report on the status of ongoing and planned efforts to improve the policies, guidance, and processes of the VRP program, including actions of the Maritime Oil Spill Response Plan Advisory Group, based on feedback, public comment, and other engagement from the Coast Guard and maritime transportation industry stakeholders. 5. Expenditure purposes of Oil Spill Liability Trust Fund Section 9509(c)(1) of title 26, United States Code, is amended— (1) in subparagraph (E), by striking and at the end; (2) in subparagraph (F), by striking the period at the end and inserting , and ; and (3) by adding at the end the following: (G) to increase support for marine pollution disaster planning, preparedness, and response strategies, including for— (i) incident data collection and verification and for regular updates to vessel response plans and area contingency plan review; and (ii) training and equipping residents of Tribal and remote communities with resources and information for effective planning, preparedness, and response. . 6. National oil spill response study (a) In general The Comptroller General of the United States shall conduct a study on Coast Guard and Environmental Protection Agency oversight of national, regional, and local area oil spill response frameworks. (b) Elements The study required by subsection (a) shall include the following: (1) An assessment of lessons learned with respect to oil spill responses based on research conducted as a result of the Deepwater Horizon oil spill in 2010 and other marine pollution disasters, which shall include an assessment of— (A) oil spill response and prevention technologies; and (B) methods and best practices for oil spill mitigation and prevention. (2) An analysis of major changes in national, regional, and local area oil spill response frameworks since 2010 for the purpose of assessing whether such changes have improved oil spill responses. (3) An analysis of available information on the short-term and long-term effects of the use of chemical dispersants and potential alternatives in oil spill and marine pollution responses. (4) Recommendations for legislative and regulatory action that would facilitate better implementation of best available technologies and methods for effective oil spill response. (c) Report (1) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). (2) Public availability The report submitted under paragraph (1) shall be made publicly available on the internet website of the Comptroller General. | https://www.govinfo.gov/content/pkg/BILLS-117s4849is/xml/BILLS-117s4849is.xml |
117-s-4850 | II 117th CONGRESS 2d Session S. 4850 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Thune (for himself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend Public Law 117–169 to prohibit the Environmental Protection Agency from using funds for methane monitoring to be used to monitor emissions of methane from livestock, and for other purposes.
1. Methane monitoring Section 60105(e) of Public Law 117–169 is amended— (1) by striking In addition to and inserting the following: (1) In general In addition to ; and (2) by adding at the end the following: (2) Prohibition Amounts made available under paragraph (1) may not be used to monitor emissions of methane from livestock. . | https://www.govinfo.gov/content/pkg/BILLS-117s4850is/xml/BILLS-117s4850is.xml |
117-s-4851 | II 117th CONGRESS 2d Session S. 4851 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mrs. Capito (for herself, Mr. Murphy , Ms. Smith , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services to carry out a national project to prevent and cure Parkinson’s, to be known as the National Parkinson’s Project, and for other purposes.
1. Short title This Act may be cited as the National Plan to End Parkinson’s Act . 2. National Parkinson’s Project (a) Definition of Parkinson’s In this section, the term Parkinson’s means— (1) Parkinson’s disease; and (2) Parkinsonisms, including multiple system atrophy, Lewy body disease, corticobasal degeneration, progressive supranuclear palsy, and Parkinson’s-related dementia. (b) Establishment The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall carry out a national project to prevent and cure Parkinson’s, to be known as the National Parkinson’s Project (referred to in this section as the Project ). (c) Activities carried out through project In carrying out the Project, the Secretary shall— (1) create, maintain, and periodically update an integrated national plan to prevent and cure Parkinson’s; (2) carry out the annual assessment under subsection (d); (3) evaluate all Federal programs related to Parkinson’s, including budget requests and approvals; (4) provide information (including an estimate of the level of Federal investment necessary to prevent and cure Parkinson’s), and coordination of Parkinson’s research and services, across all Federal agencies; (5) accelerate the development of treatments and other approaches to prevent, halt, or reverse the course of, Parkinson’s; (6) improve the— (A) early diagnosis of Parkinson’s; and (B) coordination of the care and treatment of individuals with Parkinson’s; (7) ensure the inclusion of populations at higher risk for Parkinson’s—or least likely to receive a diagnosis or care with respect to Parkinson’s—in clinical research, and implement service efforts to decrease health disparities with respect to Parkinson’s; (8) review the impact of Parkinson’s on the physical, mental, and social health of those living with Parkinson’s and their care partners; (9) review social determinants of health, diversity, equity, and inclusion associated with Parkinson’s; and (10) coordinate with international bodies to integrate and inform the global mission to prevent and cure Parkinson’s. (d) Annual assessment Not later than 24 months after the date of enactment of this Act, and annually thereafter, the Secretary shall carry out an assessment of the Nation’s progress in preparing for and responding to the escalating burden of Parkinson’s, including— (1) the formulation of recommendations for priority actions based on the assessment; (2) a description of the steps that have been or should be taken to implement the recommendations; and (3) such other items as the Secretary deems appropriate. (e) Advisory council (1) In general The Secretary shall establish and maintain an Advisory Council on Parkinson’s Research, Care, and Services (referred to in this section as the Advisory Council ). (2) Membership (A) Federal members The Advisory Council shall be comprised of diverse and inclusive representatives from— (i) the Centers for Disease Control and Prevention; (ii) the Administration on Aging; (iii) the Centers for Medicare & Medicaid Services; (iv) the Indian Health Service; (v) the Office of the Director of the National Institutes of Health; (vi) the National Institute of Neurological Disorders and Stroke; (vii) the National Institute of Environmental Health Sciences; (viii) the National Institute on Aging; (ix) the National Science Foundation; (x) the Department of Veterans Affairs; (xi) the Food and Drug Administration; (xii) the Department of Defense; (xiii) the Environmental Protection Agency; (xiv) the Office of Minority Health; and (xv) other relevant Federal departments and agencies as determined by the Secretary. (B) Non-Federal members In addition to the members listed in subparagraph (A), the Advisory Council shall include 17 expert members from outside the Federal Government, to be appointed by the Secretary, which members shall include— (i) 4 Parkinson’s patient advocates, one of whom is living with young-onset Parkinson’s; (ii) 2 Parkinson’s family caregivers; (iii) 2 health care providers; (iv) 2 representatives of State health departments; (v) 2 biomedical researchers with Parkinson’s-related expertise in basic, translational, clinical, or drug development science; (vi) 1 movement disorder specialist who treats Parkinson’s patients; (vii) 1 dementia specialist who treats Parkinson’s patients; and (viii) 3 representatives, one from each of 3 nonprofit organizations that have demonstrated experience in Parkinson’s research or Parkinson’s patient care and other services. (3) Meetings (A) Quarterly meetings The Advisory Council shall meet at least once each quarter. (B) Annual research meeting The Advisory Council shall convene an annual meeting of Federal and non-Federal organizations to discuss Parkinson’s research. (C) Open meetings The meetings of the Advisory Council shall be open to the public. (4) Advice The Advisory Council shall advise the Secretary on Parkinson’s-related issues. (5) Annual report Not later than 18 months after the date of enactment of this Act and annually thereafter, the Advisory Council shall provide to the Secretary and Congress a report containing— (A) an evaluation of all federally funded efforts in Parkinson’s research, prevention, clinical care, and institutional-, home-, and community-based programs and the outcomes of such efforts; (B) recommendations for priority actions to expand, eliminate, coordinate, refocus, or condense Federal programs based on each program’s performance, mission, and purpose; (C) recommendations to— (i) reduce the financial impact of Parkinson’s on— (I) the Medicare program and other federally funded programs; and (II) families living with Parkinson’s; (ii) improve health outcomes; (iii) prevent Parkinson’s; and (iv) eliminate exposure to environmental triggers of Parkinson’s; and (D) an evaluation of the implementation, including outcomes, of the national plan under subsection (c)(1). (6) Termination The Advisory Council shall terminate at the end of calendar year 2035. (f) Data sharing Agencies both within the Department of Health and Human Services and outside of the Department that have data relating to Parkinson’s shall share such data with the Secretary of Health and Human Services, or the Secretary's designee, to enable the Secretary, or the Secretary's designee, to complete the report described in subsection (g). (g) Annual report The Secretary shall submit to the Congress— (1) an annual report that includes an evaluation of all federally funded efforts in Parkinson’s research, prevention, diagnosis, treatment, clinical care, and institutional-, home-, and community-based programs and the outcomes of such efforts; (2) an evaluation of all such programs based on performance, mission, and purpose; (3) recommendations for— (A) priority actions based on the evaluation conducted by the Secretary and the Advisory Council to— (i) reduce the financial impact of Parkinson’s on— (I) the Medicare program and other federally funded programs; and (II) families living with Parkinson’s disease; (ii) improve health outcomes; (iii) prevent Parkinson’s; and (iv) eliminate exposure to environmental triggers of Parkinson’s; (B) priority actions to improve all federally funded efforts in Parkinson's research, prevention, diagnosis, treatment, clinical care, and institutional-, home-, and community-based programs; and (C) implementation steps to address priority actions described in subparagraphs (A) and (B); and (4) an up-to-date version of the national plan under subsection (c)(1). (h) Sunset The section shall cease to be effective at the end of calendar year 2035. | https://www.govinfo.gov/content/pkg/BILLS-117s4851is/xml/BILLS-117s4851is.xml |
117-s-4852 | II 117th CONGRESS 2d Session S. 4852 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To permanently authorize the SBIR and STTR programs.
1. Permanency of SBIR and STTR programs (a) SBIR Section 9(m) of the Small Business Act ( 15 U.S.C. 638(m) ) is amended— (1) in the subsection heading, by striking Termination and inserting SBIR program authorization ; and (2) by striking terminate on September 30, 2022 and inserting be in effect for each fiscal year . (b) STTR Section 9(n)(1)(A) of the Small Business Act ( 15 U.S.C. 638(n)(1)(A) ) is amended by striking through fiscal year 2022 . | https://www.govinfo.gov/content/pkg/BILLS-117s4852is/xml/BILLS-117s4852is.xml |
117-s-4853 | II 117th CONGRESS 2d Session S. 4853 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Cornyn (for himself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require a study of the programs, acquisitions, and budget of the Department of Defense.
1. Short title This Act may be cited as the American Defense Programs, Logistics, and Acquisitions for our Nation’s Security Act of 2022 or the American Defense PLANS Act of 2022 . 2. Study of the programs, acquisitions, and budget of the Department of Defense (a) In general The Secretary of Defense shall seek to enter into an arrangement with a federally funded research and development center under which the center will— (1) conduct a study of the programs, acquisitions, and budget of the Department of Defense; and (2) make recommendations with respect to how the Department can ensure that program development cycles and acquisition of new technologies within the Department can best keep pace with the increasing rate at which technologies acquired for programs of the Department become outdated or are replaced by new technologies. (b) Report required Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study required by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s4853is/xml/BILLS-117s4853is.xml |
117-s-4854 | 117th CONGRESS 2d Session S. 4854 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mrs. Blackburn (for herself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 36, United States Code, to repeal the Federal charter of the National Education Association.
1. Short title This Act may be cited as the National Education Association Charter Repeal Act . 2. Findings (1) The National Education Association (referred to in this section as the NEA ) was chartered in 1906 by an Act of Congress for the purpose to elevate the character and advance the interests of the profession of teaching; and to promote the cause of education in the United States and remains the only labor union that has a Federal charter. (2) The NEA is expected to uphold the honor and legitimacy that a Federal charter grants to an organization. (3) The NEA can no longer be considered a public service worthy of its Federal charter as it has drifted substantially from its core mission and has become a massive political operation dedicated to imposing a radical progressive agenda on schools in the United States. (4) The NEA and its political agenda are often at cross-purposes with parents, teachers, and students, and the NEA no longer primarily serves the purposes of advancing the profession of teaching or promoting the cause of education in the United States. (5) According to disclosures made to the Department of Labor's Office of Labor-Management Standards, from September 2019 through August 2021, the NEA spent over $116,700,000 on political activities and lobbying, and in the 2020 election cycle, 95.7 percent of the candidate campaign contributions made by the NEA went to candidates in the Democratic party. (6) In July 2021, the NEA adopted measures to support critical race theory, calling it reasonable and appropriate, and to spend $56,500 on researching and shaming organizations that are fighting the inclusion of critical race theory in schools. (7) In December 2021, NEA board member Mollie Page Mumau published a social media post calling for the death of individuals who decide not to receive the COVID–19 vaccine. (8) In July 2022, the NEA adopted measures to spend $140,000 to create an enemies list of parents and groups that disagree with teaching gender identity and sexual orientation in classrooms. (9) The NEA and other teacher unions stood in the way of reopening schools in 2020 and 2021 by threatening strikes, lobbying to keep schools closed, and influencing the Centers for Disease Control and Prevention to make it harder for schools to reopen. (10) In August 2022, the National Center for Education Statistics (NCES) conducted a special administration of the National Assessment of Education Progress long-term trend reading and mathematics assessments for age 9 students to examine student achievement during the COVID–19 pandemic. The NCES reported the largest average score decline in reading since 1990, and the first ever score decline in mathematics. 3. Repeal of National Education Association Charter (a) In General Chapter 1511 of title 36, United States Code, is repealed. (b) Table of Chapters The table of chapters at the beginning of part B of subtitle II of title 36, United States Code, is amended by striking the item relating to chapter 1511. | https://www.govinfo.gov/content/pkg/BILLS-117s4854is/xml/BILLS-117s4854is.xml |
117-s-4855 | II 117th CONGRESS 2d Session S. 4855 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To protect the rights of student athletes and to provide for transparency and accountability with respect to student athlete name, image, and likeness agreements, and for other purposes.
1. Short title This Act may be cited as the Collegiate Athlete Compensation Rights Act . 2. Definitions In this Act: (1) Athletic association The term athletic association means any organization or other group that— (A) has 2 or more conferences as members; and (B) arranges, sets rules for, or regulates varsity intercollegiate sports competition. (2) Athletic department The term athletic department means a department at an institution responsible for sponsoring 1 or more varsity intercollegiate athletic programs. (3) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Energy and Commerce and the Committee on Education and Labor of the House of Representatives. (4) Booster With respect to an institution, the term booster means— (A) an individual or entity that, directly or indirectly, through any other individual or entity or in any other manner— (i) has provided a donation to obtain season tickets for any varsity intercollegiate athletic program at the institution that exceeds the annual amount determined by the Commission; (ii) has made a financial contribution directly to the athletic department or other athletics management organization of the institution in an amount that exceeds the annual amount determined by the Commission; (iii) is party to any agreement for use of the trademarks of the institution in connection with any varsity intercollegiate athletic program under which the total payments exceed such amount; (iv) has made any combination of such financial donations, contributions, expenditures, or payments in connection with an activity described in any of clauses (i) through (iii), that, in the aggregate, exceed such amount; (v) has arranged or provided employment for 1 or more student athletes; or (vi) has assisted, or been requested by an employee of the institution to assist, in the recruitment of a prospective student athlete; and (B) includes any entity, group or collective, including any tax-exempt or nonprofit entity, that is controlled by, or receives or has received 25 percent or more of its funding or assets from, 1 or more individuals or entities described in subparagraph (A) of the institution. (5) Certified agent The term certified agent means an athlete agent (as defined in section 2 of the Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7801 )), a contract advisor, a financial advisor, a marketing representative, a brand manager, or a similarly employed individual who is certified by the Commission as being in full compliance with all requirements established by the Commission— (A) to represent a student athlete in a name, image, and likeness agreement; (B) to provide consulting services to a student athlete with respect to a name, image, and likeness agreement; or (C) to recruit or solicit, directly or indirectly, a student athlete— (i) to engage in an activity described in subparagraph (A) or (B); or (ii) to represent or attempt to represent a student athlete for the purpose of marketing the name, image, or likeness of the student athlete. (6) Chair The term Chair means the Chair of the Federal Trade Commission. (7) Commission The term Commission means the Federal Trade Commission. (8) Conference The term conference means any organization that— (A) is not an athletic association; (B) has 2 or more institutions as members; and (C) arranges championships, sets rules for, or regulates varsity intercollegiate sports competition. (9) Cost of attendance The term cost of attendance — (A) has the meaning given the term in section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ); and (B) shall be calculated by the financial aid office of an institution by applying the same standards, policies, and procedures for all students at such institution. (10) Covered compensation (A) In general With respect to a name, image, and likeness agreement, the term covered compensation means any payment, remuneration, or benefit, including cash, awards, gifts, and in-kind contributions, that— (i) is provided by a third party to a student athlete; (ii) is commensurate with the market value for the activity carried out under the name, image, and likeness agreement; and (iii) is not, or is not intended to be, a recruiting inducement or compensation for participation in a varsity intercollegiate sport. (B) Exclusion The term covered compensation does not include grant-in-aid. (11) Grant-in-aid The term grant-in-aid means— (A) tuition, room, board, books, fees, and personal expenses paid or provided by an institution up to the full cost of attendance; (B) Federal Pell Grants and other State and Federal grants unrelated to, and not awarded with respect to, participation in varsity intercollegiate sports competition; (C) health insurance and the costs of health care wholly or partly self-funded by an athletic association, a conference, or an institution; (D) disability and loss of value insurance that is wholly or partly self-funded by an athletic association, a conference, or an institution; (E) career counseling or job placement services available to all students at an institution; or (F) payment of hourly wages and benefits for work actually performed (and not for participation in a varsity intercollegiate athletic program) at a rate commensurate with the prevailing rate in the locality of an institution for similar work. (12) Image The term image , with respect to a student athlete, means a photograph, video, or computer-generated representation that identifies, is linked to, or is reasonably linkable to the student athlete. (13) Institution The term institution means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (14) Likeness The term likeness , with respect to a student athlete, means— (A) with respect to a student athlete of a sport for which the student athlete has a jersey number, the jersey number associated with the student athlete and the sport in which the student athlete participates at a particular institution during the period of the participation of the student athlete in the sport at the institution, if the jersey number is accompanied by— (i) a logo or color scheme that is clearly associated with the institution; or (ii) some other means by which the jersey number is associated with the particular student athlete; and (B) with respect to any student athlete— (i) the uniquely identifiable voice, catch phrase, or nickname of the student athlete; or (ii) any other mark that identifies or distinguishes the student athlete. (15) Loss of value insurance The term loss of value insurance means insurance that protects the future contract value of a student athlete from decreasing below a predetermined amount due to significant injury or illness suffered by the student athlete during the designated coverage period of the insurance policy. (16) Name The term name , with respect to a student athlete, means the first or last name, the nickname, or the username on any internet platform of the student athlete when used in a context that reasonably identifies the student athlete with specificity or particularity. (17) Name, image, and likeness agreement The term name, image, and likeness agreement means a contract or similar arrangement between a student athlete and a third party regarding the commercial use of the name, image, or likeness of the student athlete in exchange for covered compensation. (18) Prospective student athlete The term prospective student athlete means an individual attending an elementary school or a secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) who participates in a sport program. (19) Publicity right The term publicity right — (A) means a right that is recognized under a Federal or State law that permits an individual to control and profit from the commercial use of the name, image, or likeness of the individual; and (B) includes any right that is licensed under a name, image, and likeness agreement. (20) Student athlete The term student athlete means any individual enrolled at an institution who participates as a team member or competitor in varsity intercollegiate sports competition sponsored by the institution. (21) Third party The term third party means an individual or entity that is not— (A) an institution; (B) an athletic department; (C) an organization or a foundation that provides financial support to an institution or athletic department; (D) a conference; (E) an athletic association; (F) a certified agent; or (G) an employee of any such individual or entity. (22) Varsity intercollegiate athletic program The term varsity intercollegiate athletic program means a sport played at the intercollegiate level, administered by an athletic department, for which eligibility requirements for participation by student athletes are established by an athletic association. (23) Varsity intercollegiate sports competition The term varsity intercollegiate sports competition means a competition involving 2 or more varsity intercollegiate athletic programs sponsored by different institutions. 3. Student athlete name, image, and likeness rights and protections (a) In general Except as provided in section 4, an athletic association, a conference, or an institution, or any representative of such an entity, shall permit a student athlete or a group of student athletes— (1) to market, or to earn covered compensation for the value of, their name, image, or likeness; and (2) to obtain or retain a certified agent for any matter or activity relating to such covered compensation. (b) Consent and compensation for group use (1) In general Subject to paragraph (2), a third party may not use the name, image, or likeness of any group described in subsection (a) to sell or promote any product or service unless the third party obtains the written consent from each member of the group for that purpose. (2) Certain third party agreements with institutions, conferences, and athletic associations (A) In general Paragraph (1) shall not apply to a third party that enters into an agreement with an institution, a conference, or an athletic association to produce or distribute live, archival, or delayed audiocast or videocast of a varsity intercollegiate sports competition of the institution, including— (i) a commercial that promotes such a competition; and (ii) audio or video distributions of such a competition. (B) Rule of construction Nothing in this paragraph may be construed to require an institution, a conference, or an athletic associations to provide compensation or payment to any student athlete for appearing in an audiocast or videocast of a varsity intercollegiate sports competition of an institution. (c) Rescission of agreements In the case of a student athlete who no longer participates in a varsity intercollegiate athletic program, the student athlete may rescind a name, image, and likeness agreement with a remaining term of more than 1 year— (1) without being held liable for breach; and (2) with no obligation to return payments received before giving notice of the rescission. (d) Educational resources The Commission shall make available on a publicly accessible internet website of the Commission educational resources for student athletes with respect to financial and contract literacy and earning covered compensation for the commercial use of the name, image, or likeness of the student athlete, which shall— (1) generally describe the legal and business concepts to be considered in licensing publicity rights; and (2) include information concerning the implications of contract provisions that may restrict a student athlete’s choice of institutions or bind the student athlete to long-term arrangements. 4. Prohibitions on certain activities of institutions, boosters, and third parties (a) Restrictions on earning covered compensation Except as provided in a rule established in accordance with section 8, an athletic association, a conference, or an institution may not— (1) adopt or maintain a contract, rule, regulation, standard, or other requirement that prevents or unduly restricts a student athlete from earning covered compensation for the use of the name, image, or likeness of the student athlete; (2) impose a speech restriction for student athletes that is more stringent than any speech restriction imposed on other students at the same institution; (3) limit athletic opportunities for a student athlete solely on the basis of the student athlete’s commercial use of his or her name, image, or likeness; or (4) coordinate or cooperate with any other institution, conference, or athletic association to limit payment offered to a student athlete under a name, image, and likeness agreement. (b) Classification of student athletes Notwithstanding any other provision of Federal or State law, a student athlete shall not be considered an employee of an athletic association, a conference, or an institution with respect to the participation of the student athlete in a varsity intercollegiate sports competition. (c) Scholarships An institution, a conference, or an athletic association may not revoke, reduce, or impose a condition on an athletic scholarship of a student athlete based on the student athlete having earned covered compensation or having obtained a certified agent in accordance with this Act. (d) Preventing conflicts of interest An institution, an athletic association, a conference, or a business partner of such an entity may not— (1) represent a student athlete or prospective student athlete in a name, image, and likeness agreement; (2) arrange a name, image, and likeness agreement on behalf of a student athlete or prospective student athlete; (3) enter into a name, image, and likeness agreement with a student athlete or prospective student athlete; (4) regulate the representation of a student athlete or a group of student athletes or a prospective student athlete or group of prospective student athletes with respect to a name, image, and likeness agreement; or (5) engage in the certification or promotion of individuals for such representation. (e) Certified agent restriction (1) In general A certified agent may not represent a prospective student athlete in a name, image, and likeness agreement if the prospective student athlete plans to enroll in an institution and participate in a varsity intercollegiate sports competition for such institution. (2) Exclusion For purposes of this subsection, a family member of a prospective student athlete shall not be considered to be a certified agent with respect to representation of the prospective student athlete. (f) Conflicts with contracts or rules of institution (1) In general Except as provided in paragraph (2), a third party may not enter into, or offer to enter into, a name, image, and likeness agreement with a student athlete that provides covered compensation if a provision of the name, image, and likeness agreement conflicts with a provision of a contract, rule, regulation, standard, or other requirement of the applicable institution. (2) Exception A third party may enter into, or offer to enter into, a name, image, and likeness agreement with a student athlete that conflicts with a provision of a contract, rule, regulation, standard, or other requirement of the applicable institution if— (A) the institution consents, in writing, to the name, image, and likeness agreement; or (B) the contract, rule, regulation, standard, or other requirement unduly restricts student athletes from earning covered compensation for the use of the name, image, or likeness of the student athlete, as determined by the Commission. (3) Disclosures (A) Conflicts An institution asserting a conflict described in paragraph (1) shall disclose to the certified agent and the Commission each relevant term of the contract, rule, regulation, standard, or other requirement of the varsity intercollegiate athletic program. (B) Restrictions A certified agent asserting a restriction described in paragraph (2)(B) shall disclose to the Commission the nature of such restriction. (g) Agent activities An individual may not carry out any agent activity or representation of a student athlete with respect to a student athlete name, image, and likeness agreement unless the individual is a certified agent. (h) Prohibited agreements An athletic association, a conference, or an institution may prohibit a student athlete from entering into a name, image, and likeness agreement with a third party for the promotion of gambling, tobacco, or alcohol products, or adult entertainment. 5. Transparency and accountability relating to name, image, and likeness agreements and student athlete endorsements (a) Receipt of covered compensation Not later than 5 days after the date on which a student athlete receives covered compensation under a name, image, and likeness agreement, the certified agent representing the student athlete shall report to the institution— (1) the receipt and amount of such covered compensation; and (2) the terms and conditions of the name, image, and likeness agreement, including the name of each party to the agreement. (b) Written consent required An institution may not publicly disclose any information with respect to a name, image, and likeness agreement between a student athlete and a third party without the express written consent of the student athlete. 6. Limitation on transfer penalties; prohibition on inducements (a) Limitation on transfer penalties An institution, an athletic association, or a conference shall allow a student athlete to transfer from one institution to another not less than once without losing or delaying grant-in-aid opportunities or eligibility to participate in a varsity intercollegiate sports competition if— (1) not less than 7 days before transferring, the student athlete provides to his or her institution notice of intent to transfer; and (2) the transfer does not occur during— (A) the season of the varsity intercollegiate sports competition of the student athlete; or (B) the 60-day period before the commencement of such season. (b) Prohibition on inducements (1) In general An institution, an athletic association, a conference, a booster, a third party, or any agent of such an entity, may not offer or provide— (A) a student athlete with any compensation or benefit (other than grant-in-aid) that is— (i) conditioned on the student athlete enrolling in, maintaining enrollment in, or transferring to a particular institution; or (ii) intended to induce the student athlete to enroll in, maintain enrollment in, or transfer to a particular institution; or (B) a prospective student athlete with any compensation or benefit (other than grant-in-aid) that is— (i) conditioned on the prospective student athlete enrolling in a particular institution; or (ii) intended to induce the prospective student athlete to enroll in a particular institution. (2) Campus tours Notwithstanding paragraph (1), an institution, an athletic association, or a conference may provide to a student athlete or a prospective student athlete reimbursement for expenses relating to campus tours or visits. 7. Enforcement by the Commission (a) Office of Sport (1) Establishment Not later than 30 days after the date of the enactment of this Act, the Chair shall— (A) establish within the Commission the Office of Sport (in this section referred to as the Office ); and (B) appoint a Director of the Office (in this section referred to as the Director ). (2) Purpose The purpose of the Office is to assist the Commission in protecting amateur, collegiate, and professional athletes from unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (b) Duties (1) In general The Director shall engage in activities that include— (A) leading and coordinating the Commission’s work in furtherance of the purpose described in subsection (a)(2); (B) coordinating and consulting with the Bureau of Consumer Protection of the Commission and the Bureau of Competition of the Commission; (C) developing guidance and recommendations; and (D) organizing public workshops, issuing reports, and providing educational materials. (2) Oversight of name, image, and likeness rights and protections With respect to the implementation of this Act, the duties of the Office are as follows: (A) To establish a process for hearing, addressing, and resolving complaints, concerns, conflicts, and grievances from student athletes, institutions, conferences, athletic associations, certified agents, and third parties alleging violations of this Act or any rule or standard developed under this Act. (B) To establish a certification process and set and enforce standards for, and maintain a registry of, certified agents. (C) To determine the financial limits for boosters, as described in clauses (i) and (ii) of section 2(4)(A). (D) On an ongoing basis and as necessary, to gather and compile information relating to the development and status of the student athlete name, image, and likeness market. (E) To provide confidential guidance to student athletes. (F) To develop rules to carry out the activities described in this paragraph. (c) Enforcement authority (1) In general A violation of this Act or any rule or standard developed pursuant to subsection (b)(2) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Federal Trade Commission The Commission shall enforce this Act and any rule or standard developed pursuant to subsection (b)(2) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (3) Nonprofit organizations Notwithstanding section 4 of the Federal Trade Commission Act ( 15 U.S.C. 44 ) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act and any rule or standard developed pursuant to subsection (b)(2) in the same manner provided in paragraph (1), with respect to organizations not organized to carry on business for their own profit or that of their members. (4) Penalties; privileges and immunities Any person who violates this Act or any rule or standard developed pursuant to subsection (b)(2) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). 8. Role of athletic associations and conferences Athletic associations and conferences may— (1) establish rules, consistent with this Act and any rule or standard developed under this Act; (2) establish rules that prohibit payments of compensation to prospective student athletes and student athletes by institutions, conferences, and athletic associations; and (3) enforce the rules established under paragraphs (1) and (2) by declaring ineligible for a varsity intercollegiate sports competition a student athlete or a prospective student athlete who receives payments in violation of this Act or any rule or standard developed under this Act. 9. Comptroller General report on health, safety, and education needs (a) In general Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the health, safety, and education needs of student athletes. (b) Contents of report The report required by subsection (a) shall include the following: (1) An analysis of the current state of student athlete health insurance coverage in the United States, including a comparison of amounts and types of coverage offered by institutions of varying sizes and resources. (2) An analysis of the degree to which student athletes are not covered for injuries or conditions related to their participation in athletics. (3) An analysis of the additional cost to institutions of providing health insurance coverage to student athletes for each year, up to 5 years, after graduation. (4) An analysis of the need for health and safety standards for varsity intercollegiate athletic programs. (5) An analysis of the current authorities and activities of the Department of Health and Human Services to determine whether the Department of Health and Human Services possesses the appropriate authority or expertise to develop and enforce such health and safety standards. (6) An analysis of the extent to which student athletes are unable to complete their degree due to losing scholarship support before graduation within 4 years. (7) An analysis of the additional cost to institutions of providing guaranteed scholarships for student athletes for each additional year, up to 5 years, after a typical 4-year enrollment. 10. Limitation of liability (a) In general An institution, a conference, and an athletic association shall comply with the requirements of this Act and with any rule or standard developed under this Act, but shall not be held liable under any provision of Federal or State law for prohibiting a student athlete or prospective student athlete from being paid by an institution, conference, or athletic association or for prohibiting a student athlete or prospective student athlete from being paid for the commercial use of the name, image, or likeness of the student athlete or prospective student athlete before the date of the enactment of this Act. (b) Rule of construction Except as provided in subsection (a), nothing in this Act or the fact or circumstances of the enactment of this Act may be construed to or relied upon by any court— (1) to alter the application of Federal or State antitrust law to intercollegiate athletics; (2) to imply the creation of any cause of action not created expressly by this Act; or (3) to retroactively create liability, or invalidate legal defenses, related to aspects of intercollegiate athletics not directly addressed by this Act. 11. Relationship to State laws (a) In general No State or political subdivision of a State may establish or continue in effect any law, regulation, rule, requirement, or standard that governs or regulates the compensation, publicity rights, employment status, or eligibility for competition of a student athlete or prospective student athlete, including any provision that governs or regulates the commercial use of the name, image, or likeness of a student athlete or prospective student athlete; (b) Unauthorized use by a third party A State or political subdivision of a State may establish and enforce laws that prohibit the unauthorized use of the name, image, and likeness of a student athlete or prospective student athlete by a third party. 12. Authorization of appropriations There is authorized to be appropriated to the Commission such sums as are necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4855is/xml/BILLS-117s4855is.xml |
117-s-4856 | II 117th CONGRESS 2d Session S. 4856 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Cruz (for himself, Mr. Cotton , Mr. Hagerty , Ms. Ernst , Mr. Barrasso , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the denial of admission to the United States for individuals subject to sanctions pursuant to Executive Order 13876, and for other purposes.
1. Short title This Act may be cited as the Strengthening Entry Visa Enforcement and Restrictions Act of 2022 or the SEVER Act of 2022 . 2. Denial of visas to certain representatives to United Nations Section 407(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( Public Law 101–246 ; 8 U.S.C. 1102 note) is amended by striking ; and and inserting , or is subject to sanctions pursuant to Executive Order 13876 ( 50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on September 15, 2022; and . | https://www.govinfo.gov/content/pkg/BILLS-117s4856is/xml/BILLS-117s4856is.xml |
117-s-4857 | II 117th CONGRESS 2d Session S. 4857 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Reed (for himself, Ms. Cortez Masto , and Ms. Warren ) 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 require companies to file public reports after meeting certain quantitative thresholds, and for other purposes.
1. Short title This Act may be cited as the Private Markets Transparency and Accountability Act . 2. Requirement to file registration statement (a) In general Section 12(g) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(g) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (i), by moving the margins 2 ems to the right; and (ii) in clause (ii)— (I) by moving the margins 2 ems to the right; and (II) by striking and at the end; (B) by redesignating subparagraph (B) as subparagraph (D); and (C) by inserting after subparagraph (A) the following: (B) within 18 months after the last day of the first fiscal year ended on which the issuer has a valuation exceeding $700,000,000 (excluding the value of shares held by affiliates of the issuer), (C) within 18 months after the last day of the first fiscal year ended on which the issuer has— (i) revenues exceeding $5,000,000,000; and (ii) not less than 5,000 employees, and ; (2) in paragraph (4)— (A) in the first sentence— (i) by striking Registration and inserting the following: Except in the case of an issuer, the registration of a security of which is required under paragraph (1)(B), registration ; and (ii) by striking persons persons and inserting persons ; and (B) by inserting after the first sentence the following: In the case of an issuer, the registration of a security of which is required under paragraph (1)(B), registration of the security may be terminated at the discretion of the Commission if the Commission finds, based on a certification submitted by the issuer under paragraph (7), and such other data and information as the Commission may require, that the valuation of the issuer has fallen below $250,000,000. ; and (3) by adding at the end the following: (7) Certification required With respect to an issuer, the registration of a security of which is required under paragraph (1)(B), the issuer shall submit to the Commission an annual certification with respect to the value of shares held by affiliates of the issuer (along with shareholdings of those affiliates), beginning on the date on which that security is first registered under that provision or such earlier date on which the Commission requests information about the valuation of the issuer or the holdings of the affiliates of the issuer. (8) Registration (A) In general Except as provided in subparagraph (B), with respect to an issuer, the registration of a security of which is required under subparagraph (B) or (C) of paragraph (1), the issuer shall file with the Commission such supplementary and periodic information, documents, and reports as may be required by the Commission under section 13 for a security registered under this section. (B) Application The requirement under subparagraph (A) shall cease to apply with respect to an issuer on the earlier of— (i) 18 months after the first fiscal year on which the issuer meets the thresholds in subparagraph (A) or (B) of paragraph (1); or (ii) the date of the first sale of common equity securities of the issuer pursuant to an effective registration statement under the Securities Act of 1933 ( 15 U.S.C. 77a et seq. ). (9) Definitions; determinations (A) Definitions For purposes of paragraphs (1) and (7), with respect to an issuer— (i) the term affiliate has the meaning given the term in section 230.405 of title 17, Code of Federal Regulations, as in effect on the date of enactment of this paragraph; and (ii) the term employee includes— (I) any individual performing clerical, administrative, support, or other similar function for the issuer; and (II) any independent contractor acting on behalf of the issuer. (B) Determinations The procedures and criteria to be used in determining the valuation of an issuer for the purposes of paragraph (1)(B) may, as determined by the Commission, by rule— (i) require a minimum trading period; (ii) rely on sales in a private market; or (iii) rely on certified financial statements. . (b) Rules (1) Filings The Securities and Exchange Commission may, by rule, as the Commission determines consistent with the public interest and the protection of investors, tailor the content of the information, documents, or reports required to be filed by an issuer, the registration of a security of which is required under paragraph (1)(C) of section 12(g)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(g)(1) ), as added by subsection (a). (2) Transition thresholds The Securities and Exchange Commission may, by rule, establish transition thresholds for exiting from status as a reporting company under subparagraphs (B) and (C) of section 12(g)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(g)(1) ), as added by subsection (a). (3) Investment companies (A) Definition In this paragraph, the term covered investment company means a person that is excluded from the definition of investment company under subsection (b) or (c) of section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ). (B) Potential exemption The Securities and Exchange Commission may, by rule, exempt covered investment companies from the meaning of the term issuer for purposes of subparagraph (B) of section 12(g)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(g)(1) ), as added by subsection (a), if the Commission finds that doing so is— (i) necessary or appropriate in the public interest or for the protection of investors; or (ii) otherwise in furtherance of the purposes of the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-117s4857is/xml/BILLS-117s4857is.xml |
117-s-4858 | II 117th CONGRESS 2d Session S. 4858 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Marshall 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 require electronic communication service providers and remote computing services to report to the Attorney General the unlawful sale and distribution of controlled substances.
1. Short title This Act may be cited as the Cooper Davis Act . 2. Reporting requirements of electronic communication service providers and remote computing services for the unlawful sale and distribution of controlled substances (a) In general Part E of the Controlled Substances Act ( 21 U.S.C. 871 et seq. ) is amended by adding at the end the following: 521. Reporting requirements of electronic communication service providers and remote computing services for the unlawful sale and distribution of controlled substances (a) Definitions In this section, the terms electronic communication service , electronic mail address , provider , remote computing service , and website have the meanings given those terms in section 2258E of title 18, United States Code. (b) Duty To report (1) In general (A) Duty In order to reduce the proliferation of the unlawful sale or distribution of controlled substances, a provider— (i) shall, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(A), take the actions described in subparagraph (B); and (ii) may, after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(B), take the actions described in subparagraph (B). (B) Actions described The actions described in this subparagraph are— (i) providing to the Drug Enforcement Administration the mailing address, telephone number, facsimile number, and electronic mailing address of, and individual point of contact for, such provider; and (ii) making a report of such facts or circumstances to the Drug Enforcement Administration. (2) Facts and circumstances (A) Apparent violations The facts or circumstances described in this subparagraph are any facts or circumstances from which there is an apparent violation of section 401, 402, 403, or 406. (B) Imminent violations The facts or circumstances described in this subparagraph are any facts or circumstances that indicate that a violation described in subparagraph (A) may be planned or imminent. (c) Contents of report In an effort to prevent future violations of the sections described in subsection (b)(2)(A), and to the extent the information is within the custody or control of a provider, the facts and circumstances included in each report under subsection (b)(1) shall, at the sole discretion of the provider, include the following information: (1) Information about the involved individual Information relating to the identity of any individual who appears to have violated or plans to violate the sections described in subsection (b)(2)(A), which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, payment information (excluding personally identifiable information), screen names or monikers for the account used or any other accounts associated with the individual, or any other identifying information, including self-reported identifying information. (2) Historical reference Information relating to when and how a customer or subscriber of a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to or discovered by the provider, including a date and time stamp and time zone. (3) Geographic location information Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or zip code, provided by the customer or subscriber, or stored or obtained by the provider, and any information as to whether a virtual private network was used. (4) Data relating to the sale of controlled substances Any data, including symbols, photos, video, icons, or direct messages, relating to apparent activity involving the unlawful sale or distribution of a controlled substance or other content relating to the incident such report is regarding. (5) Complete communication The complete communication containing the intent to unlawfully sell or distribute a controlled substance, including— (A) any data or information regarding the transmission of the communication; and (B) any data or other digital files contained in, or attached to, the communication. (d) Forwarding of report to other Federal law enforcement agencies, State and local law enforcement agencies, and foreign law enforcement agencies The Drug Enforcement Administration shall make available each report made under subsection (b)(1) to other Federal law enforcement agencies, State and local law enforcement agencies, and foreign law enforcement agencies involved in the investigation of violations described in subsection (b)(2)(A). (e) Attorney general responsibilities (1) In general The Attorney General shall enforce this section. (2) Designation of federal agencies The Attorney General may designate a Federal law enforcement agency or agencies to which the Drug Enforcement Administration shall forward a report under subsection (d). (3) Designation of foreign agencies The Attorney General may— (A) in consultation with the Secretary of State, designate foreign law enforcement agencies to which a report may be forwarded under subsection (d); (B) establish the conditions under which such a report may be forwarded to such agencies; and (C) develop a process for foreign law enforcement agencies to request assistance from Federal law enforcement agencies in obtaining evidence related to a report referred under subsection (d). (4) Reporting designated foreign agencies The Attorney General may maintain and make available to the Department of State, providers, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a list of the foreign law enforcement agencies designated under paragraph (3). (5) Notification to providers (A) In general The Drug Enforcement Administration may notify a provider of the information described in subparagraph (B), if— (i) a provider notifies the Drug Enforcement Administration that the provider is making a report under this section as the result of a request by a foreign law enforcement agency; and (ii) the Drug Enforcement Administration forwards the report described in clause (i) to— (I) the requesting foreign law enforcement agency; or (II) another agency in the same country designated by the Attorney General under paragraph (3). (B) Information described The information described in this subparagraph is— (i) the identity of the foreign law enforcement agency to which the report was forwarded; and (ii) the date on which the report was forwarded. (C) Notification of inability to forward report If a provider notifies the Drug Enforcement Administration that the provider is making a report under this section as the result of a request by a foreign law enforcement agency and the Drug Enforcement Administration is unable to forward the report as described in subparagraph (A)(ii), the Drug Enforcement Administration shall notify the provider that the Drug Enforcement Administration was unable to forward the report. (f) Failure To report A provider that knowingly and willfully fails to make a report required under subsection (b)(1) shall be fined— (1) in the case of an initial knowing and willful failure to make a report, not more than $150,000; and (2) in the case of any second or subsequent knowing and willful failure to make a report, not more than $300,000. (g) Protection of privacy Nothing in this section shall be construed to require a provider to— (1) monitor any user, subscriber, or customer of that provider; (2) monitor the content of any communication of any person described in paragraph (1); or (3) affirmatively search, screen, or scan for facts or circumstances described in subsections (b) and (c). (h) Conditions of disclosure of information contained within report (1) In general Except as provided in paragraph (2), a law enforcement agency that receives a report under subsection (d) shall not disclose any information contained in that report. (2) Permitted disclosures by law enforcement A law enforcement agency may disclose information in a report received under subsection (d)— (A) to an attorney for the government for use in the performance of the official duties of that attorney; (B) to such officers and employees of that law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions; (C) to such other government personnel (including personnel of a State or subdivision of a State) as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing Federal criminal law; (D) if the report discloses a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such State law; (E) to a defendant in a criminal case or the attorney for that defendant to the extent the information relates to a criminal charge pending against that defendant; (F) to a provider if necessary to facilitate response to legal process issued in connection to a criminal investigation, prosecution, or post-conviction remedy relating to that report; and (G) as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose. (i) Preservation (1) In general (A) Request to preserve contents For the purposes of this section, a completed submission by a provider of a report to the Drug Enforcement Administration under subsection (b)(1) shall be treated as a request to preserve the contents provided in the report for 90 days after the submission to the Drug Enforcement Administration. (B) Notification to user A provider may not notify a user, subscriber, or customer of the provider of a preservation request described in subparagraph (A) unless— (i) the provider has notified the Drug Enforcement Administration of its intent to provide that notice; (ii) 5 business days have elapsed since the notification under clause (i); and (iii) the Drug Enforcement Administration has not obtained a court order for nondisclosure. (2) Preservation of commingled content Pursuant to paragraph (1)(A), a provider shall preserve any data or other digital files that are reasonably accessible and may provide context or additional information about the reported material or person. (3) Protection of preserved materials A provider preserving materials under this section shall maintain the materials in a secure location and take appropriate steps to limit access to the materials by agents or employees of the service to that access necessary to comply with the requirements of this subsection. (4) Authorities and duties not affected Nothing in this section shall be construed as replacing, amending, or otherwise interfering with the authorities and duties under section 2703 of title 18, United States Code. . (b) Technical and conforming amendment The table of contents for the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) is amended by inserting after the item relating to section 520 the following: Sec. 521. Reporting requirements of electronic communication service providers and remote computing services for the unlawful sale and distribution of controlled substances. . | https://www.govinfo.gov/content/pkg/BILLS-117s4858is/xml/BILLS-117s4858is.xml |
117-s-4859 | II 117th CONGRESS 2d Session S. 4859 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Cornyn (for himself, Mr. Peters , Mr. Grassley , Ms. Sinema , Mr. Tillis , Mrs. Feinstein , and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reauthorize the Project Safe Neighborhoods Grant Program Authorization Act of 2018, and for other purposes.
1. Short title This Act may be cited as the Project Safe Neighborhoods Reauthorization Act of 2022 . 2. Findings Congress finds the following: (1) Launched in 2001, the Project Safe Neighborhoods program is a nationwide initiative that brings together Federal, State, local, and Tribal law enforcement officials, prosecutors, community leaders, and other stakeholders to identify the most pressing crime problems in a community and work collaboratively to address those problems. (2) The Project Safe Neighborhoods program— (A) operates in all 94 Federal judicial districts throughout the 50 States and territories of the United States; and (B) implements 4 key components to successfully reduce violent crime in communities, including community engagement, prevention and intervention, focused and strategic enforcement, and accountability. 3. Reauthorization (a) Definitions Section 2 of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60701 ) is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (2) by inserting before paragraph (2), as so redesignated, the following: (1) the term crime analyst means an individual employed by a law enforcement agency for the purpose of separating information into key components and contributing to plans of action to understand, mitigate, and neutralize criminal threats; ; and (3) by inserting after paragraph (2), as so redesignated, the following: (3) the term law enforcement assistant means an individual employed by a law enforcement agency or a prosecuting agency for the purpose of aiding law enforcement officers in investigative or administrative duties; . (b) Use of funds Section 4(b) of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60703 ) is amended— (1) in paragraph (3), by striking or at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) hiring crime analysts to assist with violent crime reduction efforts; (6) the cost of overtime for law enforcement officers, prosecutors, and law enforcement assistants that assist with the Program; and (7) purchasing, implementing, and using technology to assist with violent crime reduction efforts. . (c) Authorization of appropriations Section 6 of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60705 ) is amended by striking “fiscal years 2019 through 2021” and inserting fiscal years 2023 through 2026 . | https://www.govinfo.gov/content/pkg/BILLS-117s4859is/xml/BILLS-117s4859is.xml |
117-s-4860 | II 117th CONGRESS 2d Session S. 4860 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Wyden (for himself and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the establishment of a grazing management program on Federal land in Malheur County, Oregon, and for other purposes.
1. Short title This Act may be cited as the Malheur Community Empowerment for the Owyhee Act . 2. Definitions In this Act: (1) Bureau The term Bureau means the Bureau of Land Management. (2) Commissioner The term Commissioner means the Commissioner of Reclamation. (3) County The term County means Malheur County, Oregon. (4) Federal land The term Federal land means land in the County managed by the Bureau. (5) Long-term ecological health The term long-term ecological health , with respect to an ecosystem, means the ability of the ecological processes of the ecosystem to function in a manner that maintains the composition, structure, activity, and resilience of the ecosystem over time, including an ecologically appropriate diversity of plant and animal communities, habitats, and conditions that are sustainable through successional processes. (6) Loop road (A) In general The term loop road means a route managed and maintained by the Bureau or the County, as applicable, for the purpose of providing directed tourism and educational opportunities in the County. (B) Inclusion The term loop road includes each of the roads described in paragraphs (2) through (5) of section 6(b). (7) Malheur CEO group The term Malheur CEO Group means the Malheur Community Empowerment for Owyhee Group established under section 4(a). (8) Operational flexibility The term operational flexibility , with respect to grazing on the Federal land, means any approved seasonal adjustments of livestock positioning for the purposes of that grazing pursuant to a flexible grazing use authorized under the program. (9) Program The term program means the Malheur County Grazing Management Program authorized under section 3(a). (10) Secretary The term Secretary means the Secretary of the Interior. (11) State The term State means the State of Oregon. 3. Malheur County Grazing Management Program (a) In general The Secretary may carry out a grazing management program on the Federal land, to be known as the Malheur County Grazing Management Program , in accordance with the memorandum entitled Bureau of Land Management Instruction Memorandum 2018–109 , to provide to authorized grazing permittees and lessees increased operational flexibility to improve the long-term ecological health of the Federal land. (b) Permit operational flexibility (1) Flexible grazing use alternative for a grazing permit or lease For purposes of renewing a grazing permit or lease under the program, pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Secretary shall develop and analyze at least 1 alternative to provide operational flexibility in livestock grazing use to account for changing conditions. (2) Interim flexible grazing use for a grazing permit or lease For purposes of using operational flexibility pending the renewal of a grazing permit or lease under the program, the Bureau may authorize temporary changes in livestock grazing use in accordance with applicable laws (including regulations) after providing notice to the applicable individuals and entities described in paragraph (3). (3) Consultation The Secretary shall develop alternatives under paragraph (1) in consultation with— (A) the applicable grazing permittee or lessee; (B) affected Federal and State agencies; (C) the Malheur CEO Group; (D) other landowners in the affected allotment; and (E) interested members of the public. (4) Monitoring plans (A) In general The Secretary shall develop cooperative rangeland monitoring plans and rangeland health objectives to apply to actions taken under paragraph (1) or (2) and to improve the long-term ecological health of the Federal land under the program, in consultation with grazing permittees or lessees and other individuals and entities described in paragraph (3). (B) Requirements A monitoring plan developed under subparagraph (A) shall— (i) identify situations in which providing operational flexibility in grazing permit or lease uses is appropriate to improve long-term ecological health of the Federal land; (ii) identify ways in which progress would be measured toward long-term ecological health of the Federal land; (iii) include— (I) a description of the condition standards for which the monitoring is tracking, including baseline conditions and desired outcome conditions; (II) a description of monitoring methods and protocols; (III) a schedule for collecting data; (IV) an identification of the responsible party for data collection and storage; (V) an evaluation schedule; (VI) a description of the anticipated use of the data; (VII) provisions for adjusting any components of the monitoring plan; and (VIII) a description of the method to communicate the criteria for adjusting livestock grazing use; and (iv) provide for annual reports on the effects of operational flexibility in grazing permit or lease uses under the program. (5) Terms and conditions (A) Preferred alternative If the Secretary determines that an alternative considered under the program that provides operational flexibility is the preferred alternative, the Secretary shall incorporate the alternative, including applicable monitoring plans developed under paragraph (4), into the terms and conditions of the applicable grazing permit or lease. (B) Adjustments Before implementing any measure for purposes of operational flexibility with respect to a grazing use authorized under the terms and conditions of a permit or lease with respect to which an alternative has been incorporated under subparagraph (A), the grazing permittee or lessee shall notify the Secretary in writing of the proposed adjustment. (C) Additional requirements The Secretary may include any other requirements in a permit or lease with respect to which an alternative has been incorporated under subparagraph (A) that the Secretary determines to be necessary. (c) Review; termination (1) Review (A) In general Subject to subparagraph (B), not earlier than the date that is 8 years after the date of enactment of this Act, the Secretary shall conduct a review of the program to determine whether the objectives of the program are being met. (B) No effect on program permits and leases The review of the program under subparagraph (A) shall not affect the existence, renewal, or termination of a grazing permit or lease entered into under the program. (2) Termination If, based on the review conducted under paragraph (1), the Secretary determines that the objectives of the program are not being met, the Secretary shall, on the date that is 10 years after the date of enactment of this Act— (A) modify the program in a manner to ensure that the objectives of the program would be met; or (B) terminate the program. (d) No effect on grazing rights or privileges Nothing in this Act— (1) affects the rights or privileges provided under the Act of 10 June 28, 1934 (commonly known as the Taylor Grazing Act ; 43 U.S.C. 315 et seq. ); or (2) requires the Secretary to consider modifying or terminating the classification of any existing grazing district on the Federal land in any subsequent plan or decision of the Secretary. 4. Malheur Community Empowerment for Owyhee Group (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory group, to be known as the Malheur Community Empowerment for Owyhee Group — (1) to provide to the Secretary advice and recommendations relating to the implementation of actions proposed to be carried out under this Act, including monitoring and operational flexibility of grazing use of the Federal land; (2) to be listed as an interested party for pending Bureau management decisions on the Federal land under this Act; and (3) to provide advice and recommendations to the State and the County commissioners on economic development issues relating to the Federal land under this Act. (b) Membership (1) In general The Malheur CEO Group shall consist of— (A) 8 voting members, to be appointed by the Secretary, based on recommendations from the Vale District Bureau manager and the County commissioners, of whom— (i) 3 shall be representatives of grazing permittees and lessees in the County; (ii) 3 shall be representatives of other businesses or conservation or recreation organizations in the County, of whom at least 2 shall reside in the County; (iii) 1 shall be a representative of the Burns Paiute Tribe; and (iv) 1 shall be a representative of the Fort McDermott Tribe; and (B) 4 nonvoting members, to be appointed by the Secretary, based on recommendations from the Vale District Bureau manager and the County commissioners, of whom— (i) 1 shall be a representative of the Bureau Vale District; (ii) 1 shall be a representative of the United States Fish and Wildlife Service; (iii) 1 shall be a representative of the State; and (iv) 1 shall be a representative of the County. (2) Appointment (A) Initial appointments Not later than 180 days after the date of enactment of this Act, the Secretary shall appoint the initial members of the Malheur CEO Group. (B) Terms Each member of the Malheur CEO Group shall serve for a term of 3 years. (C) Reappointment A member of the Malheur CEO Group may be reappointed for 1 or more additional 3-year terms. (D) Vacancies A vacancy on the Malheur CEO Group shall be filled— (i) as soon as practicable after the vacancy occurs; and (ii) in the same manner as the original appointment. (3) Compensation and expenses (A) Compensation Members of the Malheur CEO Group shall serve without compensation. (B) Travel expenses Each member of the Malheur CEO Group shall receive from the Secretary travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (4) Chairperson A chairperson shall be elected by a majority of the voting members of the Malheur CEO Group. (5) Secretary The representative from the Bureau Vale District appointed under paragraph (1)(B)(i) shall be— (A) the secretary and recordkeeper for the Malheur CEO Group; and (B) responsible for convening meetings of the Malheur CEO Group. (c) Duties (1) In general The Malheur CEO Group shall— (A) review any program project proposed to the Bureau by— (i) a member of the Malheur CEO Group; (ii) a grazing permittee or lessee on the Federal land; or (iii) any other member of the public; (B) subject to paragraph (2), propose program projects and funding recommendations to the Secretary under this section; (C) cooperate with appropriate officials of land management agencies in the County in recommending program projects consistent with purposes of this section; (D) review program monitoring data and, in accordance with this subsection, recommend program project modifications, if appropriate; and (E) provide frequent opportunities for citizens, organizations, Indian Tribes, land management agencies, and other interested parties to participate openly and meaningfully in program project development and implementation. (2) Projects proposed to secretary The Malheur CEO Group may propose a program project to the Secretary if the program project has been approved by a majority of the members voting at an official meeting of the Malheur CEO Group. (d) Meetings (1) In general A quorum is required for an official meeting of the Malheur CEO Group. (2) Biannual meetings The Malheur CEO Group shall hold official meetings not less frequently than biannually. (3) Virtual meetings An official meeting of the Malheur CEO Group may be held virtually. (4) Quorum A quorum of the Malheur CEO Group shall consist of a majority of the members of the Malheur CEO Group participating in person or virtually. (5) Open meetings Each meeting of the Malheur CEO Group shall— (A) not later than the date that is 1 week before the date of the meeting, be announced— (i) on the public website of the Bureau; and (ii) in a local newspaper of record, as determined by the Secretary; and (B) be held open to the public. (6) Records The secretary of the Malheur CEO Group described in subsection (b)(5) shall— (A) maintain records of each official meeting of the Malheur CEO Group; and (B) make the records maintained under subparagraph (A) available for public inspection. (e) Bylaws (1) In general The members of the Malheur CEO Group shall establish bylaws for the Malheur CEO Group. (2) Requirement Bylaws may be established under paragraph (1) on approval by a majority of the members of the Malheur CEO Group. (f) Consultation During any period in which the program and the Malheur CEO Group are in existence, the Secretary shall consult with the Malheur CEO Group— (1) not less frequently than once every 60 days; or (2) as otherwise agreed to by— (A) the Secretary; and (B) the Malheur CEO Group. (g) FACA applicability The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Malheur CEO Group. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $51,000 for each of fiscal years 2023 through 2027. (2) Administrative costs Of the amounts made available under paragraph (1), not more than 10 percent may be used for administrative costs relating to the Malheur CEO Group. 5. Land designations (a) Definitions In this section: (1) Map The term Map means the map entitled Proposed Wilderness Malheur County and dated November 6, 2019. (2) Wilderness area The term wilderness area means a wilderness area designated by subsection (b)(1). (b) Designation of wilderness areas (1) In general In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following Federal land in the County comprising approximately 1,133,841 acres, as generally depicted on the Map, is designated as wilderness and as components of the National Wilderness Preservation System: (A) Fifteenmile creek wilderness Certain Federal land, comprising approximately 58,599 acres, as generally depicted on the Map, which shall be known as the Fifteenmile Creek Wilderness . (B) Oregon canyon mountains wilderness Certain Federal land, comprising approximately 57,891 acres, as generally depicted on the Map, which shall be known as the Oregon Canyon Mountains Wilderness . (C) Twelvemile creek wilderness Certain Federal land, comprising approximately 37,779 acres, as generally depicted on the Map, which shall be known as the Twelvemile Creek Wilderness . (D) Upper west little owyhee wilderness Certain Federal land, comprising approximately 93,159 acres, as generally depicted on the Map, which shall be known as the Upper West Little Owyhee Wilderness . (E) Lookout butte wilderness Certain Federal land, comprising approximately 66,194 acres, as generally depicted on the Map, which shall be known as the Lookout Butte Wilderness . (F) Mary Gautreaux Owyhee River Canyon Wilderness Certain Federal land, comprising approximately 223,586 acres, as generally depicted on the Map, which shall be known as the Mary Gautreaux Owyhee River Canyon Wilderness . (G) Twin butte wilderness Certain Federal land, comprising approximately 18,135 acres, as generally depicted on the Map, which shall be known as the Twin Butte Wilderness . (H) Cairn c wilderness Certain Federal land, comprising approximately 8,946 acres, as generally depicted on the Map, which shall be known as the Cairn C Wilderness . (I) Oregon butte wilderness Certain Federal land, comprising approximately 32,010 acres, as generally depicted on the Map, which shall be known as the Oregon Butte Wilderness . (J) Deer flat wilderness Certain Federal land, comprising approximately 12,266 acres, as generally depicted on the Map, which shall be known as the Deer Flat Wilderness . (K) Sacramento hill wilderness Certain Federal, comprising approximately 9,568 acres, as generally depicted on the Map, which shall be known as the Sacramento Hill Wilderness . (L) Coyote wells wilderness Certain Federal land, comprising approximately 7,147 acres, as generally depicted on the Map, which shall be known as the Coyote Wells Wilderness . (M) Big grassey wilderness Certain Federal land, comprising approximately 45,192 acres, as generally depicted on the Map, which shall be known as the Big Grassey Wilderness . (N) Little groundhog reservoir wilderness Certain Federal land, comprising approximately 5,272 acres, as generally depicted on the Map, which shall be known as the Little Groundhog Reservoir Wilderness . (O) Mary Gautreaux Lower Owyhee Canyon Wilderness Certain Federal land, comprising approximately 79,947 acres, as generally depicted on the Map, which shall be known as the Mary Gautreaux Lower Owyhee Canyon Wilderness . (P) Jordan crater wilderness Certain Federal land, comprising approximately 31,141 acres, as generally depicted on the Map, which shall be known as the Jordan Crater Wilderness . (Q) Owyhee breaks wilderness Certain Federal land, comprising approximately 29,471 acres, as generally depicted on the Map, which shall be known as the Owyhee Breaks Wilderness . (R) Dry creek wilderness Certain Federal land, comprising approximately 33,209 acres, as generally depicted on the Map, which shall be known as the Dry Creek Wilderness . (S) Dry creek buttes wilderness Certain Federal land, comprising approximately 53,782 acres, as generally depicted on the Map, which shall be known as the Dry Creek Buttes Wilderness . (T) Upper leslie gulch wilderness Certain Federal land, comprising approximately 2,911 acres, as generally depicted on the Map, which shall be known as the Upper Leslie Gulch Wilderness . (U) Slocum creek wilderness Certain Federal land, comprising approximately 7,528 acres, as generally depicted on the Map, which shall be known as the Slocum Creek Wilderness . (V) Honeycombs wilderness Certain Federal land, comprising approximately 40,099 acres, as generally depicted on the Map, which shall be known as the Honeycombs Wilderness . (W) Wild horse basin wilderness Certain Federal land, comprising approximately 18,381 acres, as generally depicted on the Map, which shall be known as the Wild Horse Basin Wilderness . (X) Quartz mountain wilderness Certain Federal land, comprising approximately 32,781 acres, as generally depicted on the Map, which shall be known as the Quartz Mountain Wilderness . (Y) The tongue wilderness Certain Federal land, comprising approximately 6,800 acres, as generally depicted on the Map, which shall be known as The Tongue Wilderness . (Z) Burnt mountain wilderness Certain Federal land, comprising approximately 8,109 acres, as generally depicted on the Map, which shall be known as the Burnt Mountain Wilderness . (AA) Cottonwood creek wilderness Certain Federal land, comprising approximately 77,828 acres, as generally depicted on the Map, which shall be known as the Cottonwood Creek Wilderness . (BB) Castle rock wilderness Certain Federal land, comprising approximately 6,151 acres, as generally depicted on the Map, which shall be known as the Castle Rock Wilderness . (CC) West fork bendire wilderness Certain Federal land, comprising approximately 10,519 acres, as generally depicted on the Map, which shall be known as the West Fork Bendire Wilderness . (DD) Beaver dam creek wilderness Certain Federal land, comprising approximately 19,080 acres, as generally depicted on the Map, which shall be known as the Beaver Dam Creek Wilderness . (2) Maps and legal descriptions (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a map and legal description of each wilderness area. (B) Effect Each map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map or legal description. (C) Public availability The maps and legal descriptions prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau. (3) Management (A) In general Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (i) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (ii) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (B) Grazing The Secretary shall allow the continuation of the grazing of livestock, including the maintenance, construction, or replacement of authorized supporting facilities, in the wilderness areas, if established before the date of enactment of this Act, in accordance with— (i) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and (ii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405). (C) Fire management and related activities The Secretary may carry out any activities in the wilderness areas that the Secretary determines to be necessary for the control of fire, insects, and diseases, in accordance with— (i) section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ); and (ii) the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98–40). (D) Roads adjacent to wilderness areas Nothing in this Act requires the closure of any adjacent road outside the boundary of a wilderness area. (c) Management of land not designated as wilderness (1) Release of wilderness study area (A) Finding Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), any portion of the Federal land designated as a wilderness study area, as depicted on the Map, on the date of enactment of this Act that is not designated as wilderness by subsection (b)(1) has been adequately studied for wilderness designation. (B) Release Except as provided in paragraph (2), the land described in subparagraph (A)— (i) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (ii) shall be managed in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), including any applicable land use plan adopted under section 202 of that Act ( 43 U.S.C. 1712 ). (2) Management of certain land with wilderness characteristics Any portion of the Federal land that was previously determined by the Secretary to be land with wilderness characteristics that is not designated as wilderness by subsection (b)(1) shall be managed by the Secretary in accordance with the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ). 6. Economic development (a) Definition of map In this section, the term Map means the map entitled Lake Owyhee, Succor Creek, Birch Creek, and Three Forks Scenic Loops and dated November 6, 2019. (b) Loop roads requirements (1) In general The Secretary, in coordination with the County, shall work with Travel Oregon to establish the loop roads. (2) Owyhee dam road (A) Safety upgrades (i) In general The Secretary shall seek to enter into an arrangement with the County to fund safety upgrades, in accordance with County road standards, to the Owyhee Dam Road to ensure access to the recreational opportunities of the Owyhee Reservoir, including improved signage and surfacing. (ii) Deadline for upgrades Any upgrades carried out with funds provided under clause (i) shall be completed not later than 1 year after the date of enactment of this Act, weather permitting. (iii) Compliance with standards If the County receives any funds under this subparagraph, the County shall ensure that, not later than 1 year after the date of enactment of this Act, weather permitting, the Owyhee Dam Road is in compliance with the applicable standards of— (I) the State; (II) the County; and (III) each affected County road district. (B) Authorization of appropriations In addition to amounts made available under subsection (f)(1), there is authorized to be appropriated to the Secretary to carry out subparagraph (A) $6,000,000. (3) Succor creek scenic loop The Secretary shall work with the County on a plan to improve the Succor Creek Scenic Loop, as generally depicted on the Map, to accommodate visitors and residents. (4) Birch creek scenic loop The Secretary shall work with the County on a plan to improve the Birch Creek Scenic Loop, as generally depicted on the Map, to accommodate visitors and residents. (5) Three forks scenic loop The Secretary shall work with the County on a plan to improve the Three Forks Scenic Loop, as generally depicted on the Map— (A) to accommodate visitors and residents; and (B) to provide a connection to the Idaho Scenic Byway. (c) Improvements to state parks and other amenities Not later than 180 days after the date of enactment of this Act— (1) the Commissioner, in coordination with the Owyhee Irrigation District, shall work with Travel Oregon or the Oregon Parks and Recreation Department, as appropriate, to carry out a feasibility study regarding each of— (A) the establishment of not more than 2 marinas on the Owyhee Reservoir; (B) improvements to existing Oregon State Parks bordering the Owyhee Reservoir; (C) the establishment of a network of hostelries in the County using former hotels and bunkhouses that are not currently in use; (D) improvements to private camps on the shore of the Owyhee Reservoir; (E) the establishment of a dude ranch at Birch Creek; and (F) any other economic development proposals for the Owyhee Reservoir or the County; and (2) the Secretary shall work with the County to carry out a feasibility study regarding the rails-to-trails project known as Rails to Trails: The Oregon Eastern Branch/The Oregon and Northwestern Railroad . (d) Gateway to the oregon owyhee Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with Travel Oregon, shall complete a feasibility study on how best to market communities or sections of the County as the Gateway to the Oregon Owyhee . (e) Jordan valley airstrip improvements To support firefighting efforts (1) In general The Secretary shall work with firefighting entities in the County to determine— (A) the need for the use of the Jordan Valley Airstrip to support firefighting efforts; and (B) the conditions under which the Jordan Valley Airstrip may be used to support firefighting efforts. (2) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Malheur CEO Group a report describing the need and conditions described in subparagraphs (A) and (B) of paragraph (1), including methods by which to meet those conditions. (f) Authorization of appropriations There are authorized to be appropriated for fiscal year 2023— (1) to the Secretary— (A) to carry out subsection (b), $2,000,000; (B) to carry out subsection (c)(2), $2,000,000; (C) to carry out subsection (d), $500,000; and (D) to carry out subsection (e), $500,000; and (2) to the Commissioner to carry out subsection (c)(1), $1,000,000. 7. Land conveyance to Burns Paiute Tribe (a) Conveyance and taking into Trust As soon as practicable after the date of enactment of this Act, the Secretary shall— (1) transfer to the Burns Paiute Tribe all right, title, and interest in and to the land in the State described in subsection (b) for the purpose of protecting and conserving cultural and natural values and to be part of the reservation of the Burns Paiute Tribe; and (2) take the land transferred under paragraph (1) into trust for the benefit of the Burns Paiute Tribe. (b) Description of land The land referred to in subsection (a)(1) is the following, as depicted on the map entitled Malheur Reservation Paiute Indian Tribe Grant, Malheur, and Harney Counties, Oregon and dated March 15, 1958: (1) Jonesboro Ranch The parcel commonly known as Jonesboro Ranch , located approximately 6 miles east of Juntura, Oregon, consisting of 21,548 acres of Federal land, 6,686 acres of certain private land associated with the Jonesboro Ranch containing the pastures referred to as Saddle Horse and Trail Horse , Indian Creek , Sperry Creek , Antelope Swales , Horse Camp , Dinner Creek , Upper Hunter Creek , and Tim’s Peak , and more particularly described as follows: (A) T. 20 S., R. 38 E., secs. 25 and 36. (B) T. 20 S., R. 39 E., secs. 25–36. (C) T. 20 S., R. 40 E., secs. 30, 31, and 32. (D) T. 21 S., R. 39 E., secs. 1–18, 20–29, and 32–36. (E) T. 21 S., R. 40 E., secs. 5–8, 17–19, 30, and 31. (F) T. 22 S., R. 39 E., secs. 1–5, 8, and 9. (2) Road Gulch; Black Canyon The approximately 4,137 acres of State land containing the pastures referred to as “Road Gulch” and “Black Canyon” and more particularly described as follows: (A) T. 20 S., R. 39 E., secs. 10, 11, 15, 14, 13, 21–28, and 36. (B) T 20 S., R. 40 E., secs. 19, 30, 31, and 32. (c) Applicable law Land taken into trust under subsection (a)(2) shall be administered in accordance with the laws (including regulations) generally applicable to property held in trust by the United States for the benefit of an Indian Tribe. (d) Map of trust land As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map depicting the land taken into trust under subsection (a)(2). (e) Land exchange Not later than 3 years after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the State under which the Secretary would exchange Federal land for the portions of the area described in subsection (b)(2) that are owned by the State. (f) Payment in lieu of taxes program Any land taken into trust under subsection (a)(2) shall be eligible for payments under the payment in lieu of taxes program established under chapter 69 of title 31, United States Code. (g) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. 8. Effect on Tribal rights and certain existing uses Nothing in this Act, including any designation or nondesignation of land transferred into trust to be held by the United States for the benefit of the Burns Paiute Tribe under section 7— (1) alters, modifies, enlarges, diminishes, or abrogates rights secured by a treaty, statute, Executive order, or other Federal law of any Indian Tribe, including off-reservation reserved rights; or (2) affects— (A) existing rights-of-way; or (B) preexisting grazing uses and existing water rights or mining claims, except as specifically negotiated between any applicable Indian Tribe and the Secretary. | https://www.govinfo.gov/content/pkg/BILLS-117s4860is/xml/BILLS-117s4860is.xml |
117-s-4861 | II 117th CONGRESS 2d Session S. 4861 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Rounds (for himself, Mr. Hoeven , Mr. Marshall , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to exempt employees in certain farm-related service industries and employees of State, local, and Tribal governments from entry-level driver training requirements for operating a commercial motor vehicle and allow States to issue restricted commercial driver’s licenses to owners and employees of certain small businesses, and for other purposes.
1. Short title This Act may be cited as the Trucking Regulations Unduly Constricting Known Service-providers Act of 2022 or the TRUCKS Act of 2022 . 2. Entry-level driver training (a) In general Section 31305 of title 49, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), in the first sentence, by inserting (referred to in this section as the Secretary ) after Secretary of Transportation ; and (2) by adding at the end the following: (e) Exemption from entry-Level training requirements (1) Definition of Tribal government In this subsection, the term Tribal government means the governing body of an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). (2) Exemption A State may exempt from all entry-level training requirements established under subsection (c) any individual who is— (A) an employee of— (i) an agri-chemical business; (ii) a custom harvester; (iii) a farm retail outlet or supplier; (iv) a livestock feeder; or (v) any other farm-related service industry that the Secretary, by regulation, determines to be appropriate; or (B) an employee of— (i) the State; (ii) any unit of local government in the State, including a county (or equivalent jurisdiction); or (iii) a Tribal government. (3) Application An exemption under this subsection may be applied with respect to— (A) obtaining or upgrading a commercial driver’s license with respect to any commercial motor vehicle group described in section 383.91(a) of title 49, Code of Federal Regulations (or a successor regulation); and (B) obtaining an endorsement to operate any type of commercial motor vehicle described in section 383.93(b) of that title (or a successor regulation). (f) Restricted CDLs for small businesses (1) Definitions In this subsection: (A) Endorsement The term endorsement has the meaning given the term in section 383.5 of title 49, Code of Federal Regulations (or a successor regulation). (B) Good driving record (i) In general The term good driving record , with respect to a driver, means that, for the applicable period described in clause (ii), the driver— (I) subject to clause (iii), has not held more than 1 driver’s license; (II) has not had a driver’s license suspended, revoked, or canceled; (III) has not been convicted of any disqualifying offense described in section 383.51(b) of title 49, Code of Federal Regulations (or a successor regulation), with respect to any type of motor vehicle described in that section; (IV) has not been convicted of any serious traffic violation with respect to any type of motor vehicle; (V) has not been convicted of any violation of a State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident; and (VI) has no record of an accident with respect to which the driver was at fault. (ii) Period described The period referred to in clause (i) is— (I) for a driver with not less than 1 year, and not more than 2 years, of driving experience, the period constituting the entire driving history of the driver; and (II) for a driver with more than 2 years of driving experience, the 2-year period ending on, as applicable— (aa) the date on which the driver is issued a restricted driver’s license under this subsection; or (bb) the date on which the applicable restricted driver’s license issued under this subsection is renewed. (iii) Number of driver’s licenses Subject to any applicable regulations promulgated or guidance issued by the Secretary, a State may consider certain combinations of driver’s or operator’s licenses, such as a regular license and a school bus license or a regular license and a restricted commercial driver’s license issued pursuant to this subsection, to be a single license for purposes of clause (i)(I), as the State determines to be appropriate. (C) Qualified applicant The term qualified applicant means an applicant for a restricted commercial driver’s license who— (i) is an owner or employee of a business that employs not more than 9 employees who hold a commercial driver’s license as of the date on which the restricted commercial driver’s license is issued, regardless of the total number of employees employed by the business; (ii) has held a driver’s license for at least 1 year as of the date on which the restricted commercial driver’s license is issued; and (iii) has a good driving record. (D) Restricted commercial driver’s license The term restricted commercial driver’s license means a commercial driver’s license that complies with, and is issued in compliance with, this subsection. (2) Issuance of restricted CDL (A) In general A State may issue a restricted commercial driver’s license pursuant to this subsection only to a qualified applicant. (B) Commercial motor vehicle groups A State may issue a restricted commercial driver’s license pursuant to this subsection with respect to any commercial motor vehicle group, or any combination of commercial motor vehicle groups, described in section 383.91(a) of title 49, Code of Federal Regulations (or a successor regulation), as the State determines to be appropriate. (C) Waiver of entry-level training requirements With respect to the issuance of a restricted commercial driver’s license to a qualified applicant pursuant to this subsection, a State may waive all entry-level training requirements established under subsection (c). (3) Requirement (A) In general Except as otherwise provided in this subsection, a restricted commercial driver’s license issued pursuant to this subsection, and the issuance of that restricted commercial driver’s license by a State, shall comply with all applicable requirements of— (i) this chapter; and (ii) part 383 of title 49, Code of Federal Regulations (or successor regulations). (B) Nonapplication of certain regulations Sections 383.131, 383.133, and 383.135 of title 49, Code of Federal Regulations (or successor regulations), shall not apply with respect to a restricted commercial driver’s license, or the issuance of a restricted commercial driver’s license, pursuant to this subsection. (4) Endorsements and privileges (A) In general A restricted commercial driver’s license issued pursuant to this subsection shall not be issued with any endorsements on the license document. (B) Tank vehicles and hazardous materials privileges Notwithstanding any other provision of law (including regulations), a State may provide that the holder of a restricted commercial driver’s license issued pursuant to this subsection may drive vehicles carrying placarded quantities of hazardous materials of the type and in the quantities described in section 383.3(f)(3)(v) of title 49, Code of Federal Regulations (or a successor regulation), or in such lesser quantities as the State determines to be appropriate. (5) Renewal (A) Renewal cycle A restricted commercial driver’s license issued pursuant to this subsection shall have the same renewal cycle as an unrestricted commercial driver’s license issued by the same State. (B) Good driving record Prior to renewal of a restricted commercial driver’s license issued under this subsection, the State issuing the restricted commercial driver’s license shall confirm that the holder of the restricted commercial driver’s license has a good driving record. (6) Reciprocity A restricted commercial driver’s license issued pursuant to this subsection shall be accorded the same reciprocity as a commercial driver’s license meeting all of the requirements of part 383 of title 49, Code of Federal Regulations (or successor regulations). (7) Limitation on additional restrictions Any restrictions imposed on a restricted commercial driver’s license issued pursuant to this subsection, the holder of such a license, or the issuance of such a license by a State shall not— (A) limit the use by the holder of the restricted commercial driver’s license in a motor vehicle that is not a commercial motor vehicle; or (B) affect the power of a State to administer the driver licensing program of the State for operators of vehicles that are not commercial motor vehicles. (8) Prohibition An individual may not hold a restricted commercial driver’s license issued pursuant to this subsection and an unrestricted commercial driver’s license at the same time. . (b) Commercial driver's license uniform standards Section 31308(1) of title 49, United States Code, is amended, in the matter preceding subparagraph (A), by inserting except as otherwise provided in subsections (d) through (f) of section 31305 or any other provision of Federal law (including regulations), before an individual issued . | https://www.govinfo.gov/content/pkg/BILLS-117s4861is/xml/BILLS-117s4861is.xml |
117-s-4862 | II 117th CONGRESS 2d Session S. 4862 IN THE SENATE OF THE UNITED STATES September 15, 2022 Ms. Rosen (for herself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a commission on long-term care.
1. Short title This Act may be cited as the Supporting Our Seniors Act . 2. Commission on Long-Term Care (a) In general There is established a commission to be known as the Commission on Long-Term Care (referred to in this section as the Commission ). (b) Membership (1) Composition (A) Members The Commission shall be composed of 12 members, of whom— (i) 6 shall be appointed by the President; (ii) 2 shall be appointed by the Speaker of the House of Representatives; (iii) 1 shall be appointed by the minority leader of the House of Representatives; (iv) 2 shall be appointed by the majority leader of the Senate; and (v) 1 shall be appointed by the minority leader of the Senate. (B) Qualifications Each member appointed under subparagraph (A) shall have experience in one or more of the following areas: (i) Palliative care. (ii) Home and community-based services delivery. (iii) Labor and workforce development. (iv) Aging and geriatrics. (v) Advocating for the disability community. (vi) Long-term care insurance. (vii) Advocating for patients and caregivers. (C) Diversity of qualifications (i) In general In making appointments to the Commission under subparagraph (A), the President and the congressional leaders shall make every effort to select individuals whose qualifications are not already represented by other members of the Commission. (ii) Representation of all qualification areas If no member of the Commission has experience in an area identified in subparagraph (B), the Secretary of Health and Human Services shall appoint an agency detailee or stakeholder representative who has experience in such area to be present for all meetings of the Commission. (2) Date of appointments The appointments of the members of the Commission shall be made not later than 90 days after the date of enactment of this Act. (3) Member terms; vacancies (A) Member terms Members shall be appointed to the Commission for terms of 6 years (in the case of members appointed by the President) and 4 years (in the case of all other members). There shall be no limitation on the number of terms a member may be appointed for. (B) Vacancies Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Chairperson The President shall select a Chairperson for the Commission from among its members. (c) Meetings (1) Initial meeting Not later than 60 days after the date on which a majority of the members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Meetings The Commission shall meet at the call of the Chairperson. (3) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (d) Duties of the Commission (1) In general The Commission shall not later than 1 year after the date of enactment of this Act, and on a yearly basis thereafter, submit policy recommendations to Congress, the President, appropriate Federal agencies, and the public with respect to the following: (A) Long-term care coverage for non-Medicaid eligible population. (B) Considerations for aging in place. (C) Financing options for long-term care for low and middle income individuals. (D) Caregiver supports and workforce stability and preparedness. (E) Access to comprehensive care, including geriatric care as appropriate, coordination of medical and personal care needs, access to palliative care as needed, including both concurrently with curative treatment for serious illness or injury and as hospice end-of-life care. (F) Affordability of services. (G) Considerations for children and non-senior adults with disabilities. (H) Support for adult children caring for aging parents, including through health benefits, tax credits, and other tax incentives for caregivers who are not able to claim their parents as dependents for tax purposes. (I) Integrating meals, access to basic services, wraparound community services. (J) Reducing hospitalization costs through increased access to home-based services, including with options through the Medicare and Medicaid programs. (2) Interaction with outside groups In developing the recommendations under paragraph (1), the Commission shall regularly consult with— (A) a wide variety of stakeholder groups; (B) the Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Commission; and (C) State and county aging agencies. (3) Federal agency response Not later than 6 months after the submission of a report required under paragraph (1), any Federal agency that is affected by a recommendation described in the report shall submit to Congress a report containing the response of the Federal agency to the recommendation and the plans of the Federal agency to address the recommendation. (e) Powers of the Commission (1) In general The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. The Commission shall have the authority to exercise these powers via video conference or other remote technology as it determines to be appropriate. (2) Information from federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property so long as such gifts or donations are publicly disclosed. (f) Commission personnel matters (1) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (2) Staff (A) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees At the discretion of the relevant agency, any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (4) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (g) Termination of the Commission The Commission shall terminate on the date that is 10 years after the date of enactment of this Act. 3. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4862is/xml/BILLS-117s4862is.xml |
117-s-4863 | II 117th CONGRESS 2d Session S. 4863 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Cardin (for himself, Ms. Duckworth , Ms. Hirono , Mrs. Shaheen , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to improve the Women’s Business Center Program, and for other purposes.
1. Short title This Act may be cited as the Women’s Business Centers Improvement Act of 2022 . 2. Amendments to Women’s Business Center Program Section 29 of the Small Business Act ( 15 U.S.C. 656 ) is amended to read as follows: 29. Women’s Business Center Program (a) Definitions In this section: (1) Assistant Administrator The term Assistant Administrator means the Assistant Administrator of the Office of Women’s Business Ownership established under subsection (j). (2) Eligible entity The term eligible entity means— (A) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (B) a State, regional, or local economic development organization, if the organization certifies that grant funds received under this section will not be commingled with other funds; (C) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965, unless the institution is receiving a grant under section 21; (D) a development, credit, or finance corporation chartered by a State, if the corporation certifies that grant funds received under this section will not be commingled with other funds; or (E) any combination of entities listed in subparagraphs (A) through (D). (3) Relevant organizations The term relevant organizations means— (A) organizations that advocate for or work with women entrepreneurs, women’s business ownership, or women’s business centers; and (B) other organizations as the Administrator determines appropriate. (4) Resource partners The term resource partners means small business development centers, chapters of the Service Corps of Retired Executives established under section 8(b)(1)(B), and Veteran Business Outreach Centers described in section 32. (5) Women’s business center The term women’s business center means the location at which counseling and training on the management, operations (including manufacturing, services, and retail), access to capital, international trade, government procurement opportunities, and any other matter that is needed to start, maintain, or expand a small business concern owned and controlled by women. (6) Women’s Business Center Organization The term Women’s Business Center Organization means a membership organization formed by women’s business centers to pursue matters of common concern. (b) Authority (1) Establishment There is established a Women’s Business Center Program under which the Administrator may enter into a cooperative agreement with an eligible entity to provide a grant to the eligible entity to operate 1 or more women’s business centers for the benefit of small business concerns owned and controlled by women. (2) Use of funds A women’s business center established using funds made available under this section shall be designed to provide entrepreneurial counseling and training that meets the needs of the small business concerns owned and controlled by women, especially concerns owned and controlled by women who are both socially and economically disadvantaged, as defined in section 8(a), and shall provide— (A) financial assistance, including counseling and training on how to— (i) apply for and secure business credit and investment capital; (ii) prepare and present financial statements; and (iii) manage cash flow and other financial operations of a small business concern; (B) management assistance, including counseling and training on how to plan, organize, staff, direct, and control each major activity and function of a small business concern; (C) marketing assistance, including counseling and training on how to— (i) identify and segment domestic and international market opportunities; (ii) prepare and execute marketing plans; (iii) develop pricing strategies; (iv) locate contract opportunities; (v) negotiate contracts; and (vi) use various public relations and advertising techniques; and (D) other services, as needed, in order to meet the changing and evolving needs of the small business community. (3) Types of grants (A) Initial grant The amount of an initial grant, which shall be for a 5-year term, provided under this section to an eligible entity shall be not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation). (B) Continuation grants (i) In general The Administrator may award a continuation grant, which shall be for a 5-year term, of not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation) to an eligible entity that received an initial grant under subparagraph (A). (ii) No limitation There shall be no limitation on the number of continuation grants an eligible entity may receive under this section. (c) Application (1) Initial grants and continuation grants To receive an initial grant or continuation grant under this section, an eligible entity shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may require, including— (A) a certification that the eligible entity— (i) has designated an executive director or program manager, who may be compensated using grant funds awarded under this section or other sources, to manage each women’s business center for which a grant under subsection (b) is sought; and (ii) meets accounting and reporting requirements established by the Director of the Office of Management and Budget; (B) information demonstrating the experience and effectiveness of the eligible entity in— (i) providing entrepreneurial counseling and training described in subsection (b)(2); (ii) providing training and services to a representative number of women who are both socially and economically disadvantaged; and (iii) working with resource partners, offices of the Administration, and other public and private entities engaging in entrepreneurial and small business development; and (C) a 5-year plan that— (i) includes information relating to the assistance to be provided by each women’s business center in the area in which each center is located; (ii) describes the ability of the eligible entity to meet the needs of the market to be served by each women’s business center; (iii) describes the ability of the eligible entity to obtain the matching funds required under subsection (e); and (iv) describes the ability of the eligible entity to provide entrepreneurial counseling and training described in subsection (b)(2), including to a representative number of women who are both socially and economically disadvantaged. (2) Record retention (A) In general The Administrator shall maintain a copy of each application submitted under this subsection for not less than 5 years. (B) Paperwork reduction The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out subparagraph (A). (d) Selection of eligible entities (1) In general In selecting recipients of initial grants, the Administrator shall consider— (A) the experience of the applicant in providing entrepreneurial counseling and training; (B) the amount of time needed for the applicant to commence operation of a women’s business center; (C) the capacity of the applicant to meet the accreditation standards established under subsection (j)(4) in a timely manner and the likelihood that the recipient will become accredited; (D) the ability of the applicant to sustain operations, including the applicant’s ability to obtain matching funds under subsection (e), for a 5-year period; (E) the proposed location of a women’s business center to be operated by the applicant and the location’s proximity to Veteran Business Outreach Centers and to recipients of grants under section 8(b)(1) or 21; (F) the counsel of a Women's Business Center Organization or another relevant organization on the level of unmet need in the area where the women’s business center is to be located; and (G) whether the applicant has received trainings conducted by, utilized services provided by, or engaged with a Women’s Business Center Organization or another relevant organization in the preparation of the application. (2) Selection criteria (A) Rulemaking The Administrator shall issue regulations to specify the criteria for review and selection of applicants under this subsection. (B) Effect of regulations at time of application Unless otherwise required by an Act of Congress or an order of a Federal court, any application for an opportunity to award a grant under this section shall be governed by the regulations issued pursuant to subparagraph (A) that are in effect at the time of the public announcement of such opportunity made by the Administrator pursuant to subsection (k)(1). (C) Rule of construction Nothing in this paragraph may be construed as prohibiting the Administrator from modifying the regulations issued pursuant to subparagraph (A) as the regulations apply to an opportunity to be awarded a grant under this section that the Administrator has not yet publicly announced pursuant to subsection (k)(1). (e) Matching requirements (1) In general Subject to paragraph (5), upon approval of an application submitted under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources— (A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and (B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. (2) Form of matching funds Not more than one-half of non-Federal matching funds described in paragraph (1) may be in the form of in-kind contributions that are budget line items only, including office equipment and office space. (3) Solicitation Notwithstanding any other provision of law, an eligible entity may— (A) solicit cash and in-kind contributions from private individuals and entities to be used to operate a women’s business center; and (B) use amounts made available by the Administrator under this section for the cost of solicitation and management of the contributions received, subject to the limitations set by the Administrator. (4) Disbursement of funds The Administrator may disburse an amount not greater than 25 percent of the total amount of a grant awarded to an eligible entity before the eligible entity obtains the matching funds described in paragraph (1). (5) Failure to obtain matching funds (A) In general If an eligible entity fails to obtain the required matching funds described in paragraph (1), the eligible entity may not be eligible to receive advance disbursements pursuant to paragraph (4) during the remainder of the term, if applicable, of an initial grant awarded under this section. (B) Continuation grant Before approving the eligible entity for a continuation grant under this section, the Administrator shall make a written determination, including the reasons for the determination, of whether the Administrator believes that the eligible entity will be able to obtain the requisite matching funding under paragraph (1) for the continuation grant. (6) Waiver of non-Federal share (A) In general Upon request by an eligible entity and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain matching funds under paragraph (1) for a grant awarded under this section for the eligible entity for a 1-year term of the grant. (B) Considerations In determining whether to issue a waiver under this paragraph, the Administrator shall consider— (i) the economic conditions affecting the eligible entity; (ii) the demonstrated ability of the eligible entity to raise non-Federal funds; and (iii) the performance of the eligible entity under the initial grant. (C) Limitation The Administrator may not issue a waiver under this paragraph if the Administrator determines that granting the waiver would undermine the credibility of the Women’s Business Center Program. (7) Excess non-Federal dollars The amount of non-Federal dollars obtained by an eligible entity that is greater than the amount that is required to be obtained by the eligible entity under this subsection shall not be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto, if the amount of non-Federal dollars— (A) is not used as matching funds for purposes of implementing the Women’s Business Center Program; and (B) was not obtained by using funds granted under the Women’s Business Center Program. (8) Carryover An eligible entity may use excess non-Federal dollars described in paragraph (7) to satisfy the matching funds requirement under paragraph (1) for the subsequent 1-year grant term, if applicable, except that the amounts shall be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto. (f) Other requirements (1) Separation of funds An eligible entity shall— (A) operate a women’s business center under this section separately from other projects, if any, of the eligible entity; and (B) separately maintain and account for any grant funds received under this section. (2) Examination of eligible entities (A) Required site visit Before receiving an initial grant under this section, each applicant shall have a site visit by an employee of the Administration in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided. (B) Annual review An employee of the Administration shall— (i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and (ii) provide the results of the examination to the eligible entity. (3) Remediation of problems (A) Plan of action If an examination of an eligible entity conducted under paragraph (2)(B) identifies any problems, the eligible entity shall, not later than 45 calendar days after receiving a copy of the results of the examination, provide the Assistant Administrator with a plan of action, including specific milestones, for correcting those problems. (B) Plan of action review by the Assistant Administrator Not later than 30 days after receipt of the plan of action, the Assistant Administrator shall review the plan of action submitted under subparagraph (A), and if the Assistant Administrator determines that the plan— (i) will bring the eligible entity into compliance with all the terms of a cooperative agreement described in subsection (b), the Assistant Administrator shall approve the plan; or (ii) is inadequate to remedy the problems identified in the annual examination to which the plan of action relates, the Assistant Administrator shall set forth the reasons in writing and provide the determination to the eligible entity not later than 15 calendar days after the date of determination. (C) Amendment to plan of action An eligible entity receiving a determination under subparagraph (B)(ii) shall have 30 calendar days from the receipt of the determination to amend the plan of action to satisfy the problems identified by the Assistant Administrator and resubmit the plan to the Assistant Administrator. (D) Amended plan review by the Assistant Administrator Not later than 15 calendar days after receipt of an amended plan of action under subparagraph (C), the Assistant Administrator shall approve or reject the plan and provide the approval or rejection in writing to the eligible entity. (E) Appeal of Assistant Administrator determination (i) In general If the Assistant Administrator rejects an amended plan of action under subparagraph (D), the eligible entity shall have the opportunity to appeal the decision to the Administrator, who may delegate the appeal to an appropriate officer of the Administration. (ii) Opportunity for explanation Any appeal described in clause (i) shall provide an opportunity for the eligible entity to provide, in writing, an explanation of why the amended plan of action of the eligible entity remedies the problems identified in the annual examination conducted under paragraph (2)(B). (iii) Notice of determination The Administrator shall provide to the eligible entity a determination of the appeal, in writing, not later than 15 calendar days after the eligible entity files an appeal under this subparagraph. (iv) Effect of failure to act If the Administrator fails to act on an appeal made under this subparagraph within the 15-day period specified under clause (iii), the amended plan of action of the eligible entity submitted under subparagraph (C) shall be deemed to be approved. (4) Termination of grant (A) In general The Administrator shall terminate a grant to an eligible entity under this section if the eligible entity fails to comply with— (i) a plan of action approved by the Assistant Administrator under paragraph (3)(B)(i); or (ii) an amended plan of action approved by the Assistant Administrator under paragraph (3)(D) or approved on appeal under paragraph (3)(E). (B) Appeal of termination An eligible entity shall have the opportunity to challenge the termination of a grant under subparagraph (A) on the record and after an opportunity for a hearing. (C) Final agency action A determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 of title 5, United States Code. (5) Engagement with majority Women’s Business Center Organization, women's business centers, and other relevant organizations If, on the date of enactment of the Women’s Business Centers Improvement Act of 2022 , a majority of women’s business centers that are operating pursuant to agreements with the Administration are members of an individual Women’s Business Center Organization, the Administrator shall— (A) recognize the existence and activities of the Organization; and (B) consult with the Organization, and to the extent practicable, women's business centers and other relevant organizations, on the development of documents with respect to— (i) announcing the annual scope of activities pursuant to this section; (ii) requesting proposals to deliver assistance as provided in this section; and (iii) the governance, general operations, and administration of the Women's Business Center Program, including general best practices in the operation of that Program and the development of regulations and financial examinations under that Program. (6) Enforcement (A) Grants The Assistant Administrator shall develop policies and procedures to minimize the possibility of awarding a grant to an eligible entity that will operate a women’s business center that likely will not remain in compliance with program and financial requirements. (B) Individual cooperative agreements The Assistant Administrator shall enforce the terms of any individual cooperative agreement described in paragraph (5)(B)(iii). (g) Program examination (1) In general The Administration shall— (A) develop and implement an annual programmatic and financial examination of each eligible entity receiving a grant under this section, under which each eligible entity shall provide to the Administration— (i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and (ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the requirements of subsection (e) and, with respect to any in-kind contributions described in subsection (e)(2) that were used to satisfy the requirements of subsection (e), verification of the existence and valuation of those contributions; and (B) analyze the results of each examination and, based on that analysis, make a determination regarding the programmatic and financial viability of each women’s business center operated by the eligible entity. (2) Conditions for continued funding In determining whether to award a continuation grant to an eligible entity, the Administrator shall— (A) consider the results of the most recent examination of the eligible entity under paragraph (1); (B) determine if— (i) the eligible entity has failed to provide, or provided inadequate, information under paragraph (1)(A); or (ii) the eligible entity has failed to provide any information required to be provided by a women’s business center for purposes of the management report under subsection (l)(1), or the information provided by the center is inadequate; and (C) consider the accreditation status as described in subsection (j)(4). (h) Contract authority (1) Eligible entity An eligible entity that receives a grant under this section may enter into a contract with a Federal department or agency to provide specific assistance to small business concerns owned and controlled by women and other underserved small business concerns, if performance of that contract does not hinder the ability of the eligible entity to carry out the terms of a grant received under this section. (2) Administrator (A) In general The authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. (B) Adverse contract action After the Administrator has entered into a contract, either as a grant or a cooperative agreement, with any applicant under this section, the Administrator shall not suspend, terminate, or fail to renew or extend the contract unless the Administrator provides the applicant with written notification setting forth the reasons therefore and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. (i) Privacy requirements (1) In general A women’s business center may not disclose the name, address, email address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of that individual or small business concern, unless— (A) the Administrator orders the disclosure after the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers a disclosure to be necessary for the purpose of conducting a financial audit of a women’s business center, except that the disclosure shall be limited to the information necessary for the audit. (2) Administration use of information This subsection shall not— (A) restrict the access of the Administration to women’s business center data; or (B) prevent the Administration from using information about individuals who use women’s business centers to conduct surveys of those individuals. (3) Regulations The Administrator shall issue regulations to establish standards for disclosures for purposes of a financial audit described in paragraph (1)(B). (j) Office of Women’s Business Ownership (1) Establishment There is established within the Administration an Office of Women’s Business Ownership, which shall be— (A) responsible for the administration of the Administration’s programs for the development of women’s business enterprises, as defined in section 408 of the Women’s Business Ownership Act of 1988 ( 15 U.S.C. 7108 ); and (B) administered by an Assistant Administrator, who shall be appointed by the Administrator. (2) Assistant Administrator of the Office of Women’s Business Ownership (A) Qualification The position of Assistant Administrator shall be— (i) a Senior Executive Service position under section 3132(a)(2) of title 5, United States Code; and (ii) a noncareer appointee, as defined in section 3132(a)(7) of that title. (B) Duties The Assistant Administrator shall administer the programs and services of the Office of Women’s Business Ownership and perform the following functions: (i) Recommend the annual administrative and program budgets of the Office and eligible entities receiving a grant under the Women’s Business Center Program. (ii) Review the annual budgets submitted by each eligible entity receiving a grant under the Women’s Business Center Program. (iii) Collaborate with other Federal departments and agencies, State and local governments, nonprofit organizations, and for-profit organizations to maximize utilization of taxpayer dollars and reduce or eliminate any duplication among the programs overseen by the Office of Women’s Business Ownership and those of other entities that provide similar services to women entrepreneurs. (iv) Maintain a clearinghouse to provide for the dissemination and exchange of information between women’s business centers. (v) Serve as the vice chairperson of the Interagency Committee on Women’s Business Enterprise and as the liaison for the National Women’s Business Council. (3) Mission The mission of the Office of Women’s Business Ownership shall be to assist women entrepreneurs to start, grow, and compete in global markets by providing quality support with access to capital, access to markets, job creation, growth, and counseling by— (A) fostering participation of women entrepreneurs in the economy by overseeing a network of women’s business centers throughout States and territories; (B) creating public-private partnerships to support women entrepreneurs and conduct outreach and education to small business concerns owned and controlled by women; and (C) working with other programs of the Administrator to— (i) ensure women are well-represented in those programs and being served by those programs; and (ii) identify gaps where participation by women in those programs could be increased. (4) Accreditation program (A) Establishment Not later than 270 days after the date of enactment of the Women’s Business Centers Improvement Act of 2022 , the Administrator shall publish standards for a program to accredit eligible entities that receive a grant under this section. (B) Public comment; transition Before publishing the standards under subparagraph (A), the Administrator— (i) shall provide a period of not less than 60 days for public comment on the standards; and (ii) may not terminate a grant under this section absent evidence of fraud or other criminal misconduct by the recipient. (C) Contracting authority The Administrator may provide financial support, by contract or otherwise, to a Women’s Business Center Organization to provide assistance in establishing the standards required under subparagraph (A) or for carrying out an accreditation program pursuant to those standards. (5) Continuation grant considerations (A) In general In determining whether to award a continuation grant under this section, the Administrator shall consider the results of the annual programmatic and financial examination conducted under subsection (g) and the accreditation program. (B) Accreditation requirement On and after the date that is 2 years after the date of enactment of the Women’s Business Centers Improvement Act of 2022 , the Administration may not award a continuation grant under this section unless the applicable eligible entity has been approved under the accreditation program conducted pursuant to this subsection, except that the Assistant Administrator for the Office of Women’s Business Ownership may waive the accreditation requirement, in the discretion of the Assistant Administrator, upon a showing that the eligible entity is making a good faith effort to obtain accreditation. (6) Annual conference (A) In general Each women’s business center shall participate in annual professional development at an annual conference facilitated by the Administrator. (B) Collaboration The Administrator shall collaborate with 1 or more Women’s Business Center Organizations, women’s business centers, or other relevant organizations in carrying out the responsibilities of the Administrator under subparagraph (A). (k) Notification requirements under the Women’s Business Center Program The Administrator shall provide the following: (1) A public announcement of any opportunity to be awarded grants under this section, to include the selection criteria under subsection (d) and any applicable regulations. (2) To any applicant for a grant under this section that failed to obtain a grant, an opportunity to debrief with the Administrator to review the reasons for the failure of the applicant. (3) To an eligible entity that receives an initial grant under this section, if a site visit or review of the eligible entity is carried out by an officer or employee of the Administration (other than the Inspector General), a copy of the site visit report or evaluation, as applicable, not later than 30 calendar days after the completion of the visit or evaluation. (l) Annual management report (1) In general The Administrator shall prepare and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report on the effectiveness of women’s business centers operated through a grant awarded under this section. (2) Information for report Each women’s business center shall, annually and upon request, provide the Administrator with sufficient information to complete the report required under paragraph (1), including the information described in paragraph (3). (3) Contents Each report submitted under paragraph (1) shall summarize— (A) information concerning, with respect to each women’s business center established pursuant to a grant awarded under this section, the most recent analysis of the annual programmatic and financial examination of the applicable eligible entity, as required under subsection (g)(1)(B), and the subsequent determination made by the Administration under that subsection; (B) the total number of individuals and the number of unique individuals counseled or trained through the Women's Business Center Program; (C) the total number of hours of counseling and training services provided through the Program; (D) to the extent practicable, the demographics of Program participants to include the gender, race, ethnicity, and age of each participant; (E) the number of Program participants who are veterans; (F) the number of new businesses started by participants in the Program; (G) to the extent practicable, the number of jobs supported, created, or retained with assistance from women’s business centers; (H) the total amount of capital secured by participants in the Program, including through loans and equity investment of the Administration; (I) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (J) an estimate of gross receipts, including to the extent practicable a description of any change in revenue of small business concerns assisted through the Program; (K) the number of referrals of individuals to other resources and programs of the Administration; (L) the results of satisfaction surveys of participants, including a summary of any comments received from those participants; and (M) any recommendations by the Administrator to improve the delivery of services by women’s business centers. (m) Authorization of appropriations (1) In general There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $31,500,000 for each of fiscal years 2023 through 2026. (2) Use of amounts (A) In general Except as provided in subparagraph (B), amounts made available under this subsection for fiscal year 2023, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section. (B) Exceptions Of the amount made available under this subsection for a fiscal year, for the fiscal year beginning after the date of enactment of the Women’s Business Centers Improvement Act of 2022 and each fiscal year thereafter through fiscal year 2026, 2.6 percent shall be available for costs incurred by the Administration in connection with the management and administration of the program under this section. (C) Accreditation and annual conference Of the amounts made available in any fiscal year to carry out this section, not more than $250,000 may be used by the Administration to pay for expenses related to carrying out paragraphs (4) and (6) of subsection (j). (3) Expedited acquisition Notwithstanding any other provision of law, the Administrator may use expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business concerns are provided a reasonable opportunity to submit proposals. . 3. Effect on existing grants (a) Terms and conditions A nonprofit organization receiving a grant under section 29(m) of the Small Business Act ( 15 U.S.C. 656(m) ), as in effect on the day before the date of enactment of this Act, shall continue to receive the grant under the terms and conditions in effect for the grant on the day before the date of enactment of this Act, except that the nonprofit organization may not apply for a continuation of the grant under section 29(m)(5) of the Small Business Act ( 15 U.S.C. 656(m)(5) ), as in effect on the day before the date of enactment of this Act. (b) Length of continuation grant The Administrator of the Small Business Administration may award a grant under section 29 of the Small Business Act ( 15 U.S.C. 656 ), as amended by this Act, to a nonprofit organization receiving a grant under section (m) of such section 29, as in effect on the day before the date of enactment of this Act, for the period— (1) beginning on the day after the last day of the grant agreement under such section 29(m); and (2) ending at the end of the third fiscal year beginning after the date of enactment of this Act. 4. Regulations Not later than 270 days after the date of enactment of this Act, the Administrator of Small Business Administration shall issue rules as are necessary to carry out section 29 of the Small Business Act ( 15 U.S.C. 656 ), as amended by this Act, and ensure that a period of public comment for those rules is not less than 60 days. | https://www.govinfo.gov/content/pkg/BILLS-117s4863is/xml/BILLS-117s4863is.xml |
117-s-4864 | II 117th CONGRESS 2d Session S. 4864 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Kaine (for himself and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Natural Gas Act to bolster fairness and transparency in the consideration of interstate natural gas pipeline permits, to provide for greater public input opportunities in the natural gas pipeline permitting process, and for other purposes.
1. Short title This Act may be cited as the Pipeline Fairness, Transparency, and Responsible Development Act of 2022 . 2. Notice to affected landowners (a) Initial notice Section 7(d) of the Natural Gas Act ( 15 U.S.C. 717f(d) ) is amended— (1) by striking the subsection designation and all that follows through Application for certificates and inserting the following: (d) Application for certificate of public convenience and necessity (1) In general Subject to paragraph (2), an application for a certificate ; and (2) by adding at the end the following: (2) Requirements (A) Application An application for a certificate of public convenience and necessity under paragraph (1) shall include— (i) the name and address of each interested party on whom the Commission or the applicant is required to serve notice of the application under that paragraph; and (ii) a copy of the notice proposed to be served on each interested party under that paragraph. (B) Notice (i) In general A notice served on an interested party under paragraph (1) shall include the following: (I) A description of the proceeding before the Commission relating to the application for a certificate of public convenience and necessity, which shall include the following statement: “‘If the applicant ([name of applicant]) wants to build the pipeline on property that you own, and the Commission issues the requested certificate of public convenience and necessity, then the applicant will have the right, subject to paying just compensation, to take your property for its project.’. (II) Complete instructions on how the interested party can move to intervene in the proceeding described in the notice, including instructions on how to intervene— (aa) electronically; and (bb) through a paper filing. (III) A clear statement of the contents required to be included in a motion to intervene in the proceeding described in the notice. (IV) The deadline for the interested party to move to intervene in the proceeding described in the notice. (V) A section, separated from the remaining text of the notice and clearly displayed in bold print, informing the interested party that— (aa) in order to preserve the right to seek judicial review of a decision by the Commission relating to the certificate of public convenience and necessity, the interested party must intervene in the proceeding described in the notice; and (bb) intervention in the proceeding described in the notice is the only way to preserve the right to judicial review described in item (aa). (ii) Review The Commission shall— (I) review each notice submitted to the Commission under subparagraph (A)(ii) to determine whether the notice meets the requirements described in clause (i); and (II) approve the notice only if the notice meets— (aa) those requirements; and (bb) any other requirements that the Commission determines to be necessary to provide adequate notice. (iii) Service (I) In general An applicant may not serve notice on an interested party under paragraph (1) unless the notice has been approved by the Commission under clause (ii). (II) Deadline A notice under paragraph (1) shall be served on an interested party not later than 90 days before the last day on which the interested party may intervene in the proceeding described in the notice. (C) Public availability of information relating to interested parties On request of any person, the Commission shall disclose the names and addresses submitted to the Commission under subparagraph (A)(i), subject to such reasonable terms and conditions as the Commission determines to be appropriate. . (b) Subsequent notice Section 7(e) of the Natural Gas Act ( 15 U.S.C. 717f(e) ) is amended— (1) by striking the subsection designation and all that follows through of this section, in the first sentence and inserting the following: (e) Issuance of certificate (1) In general Except in the cases governed by the provisos in subparagraphs (A) and (B) of subsection (c)(1), and subject to paragraphs (2) through (4), ; (2) in paragraph (1) (as so designated), by striking necessity; otherwise in the first sentence and all that follows through The Commission in the second sentence and inserting the following: “necessity. (2) Requirement The Commission shall deny any application for which the Commission has not made the findings described in paragraph (1). (3) Terms and conditions The Commission ; and (3) by adding at the end the following: (4) Notice of issuance (A) In general On issuance of a certificate of public convenience and necessity by the Commission, the applicant requesting the certificate shall provide to each interested party on whom the applicant served notice of the application under subsection (d) a notice of the issuance of the certificate. (B) Requirements Each notice under subparagraph (A) shall include— (i) complete instructions on how the recipient of the notice may apply for a rehearing before the Commission; (ii) a clear statement of the contents required to be included in an application for a rehearing before the Commission; (iii) the deadline for the recipient to file that application; (iv) the time period for seeking judicial review of a decision of the Commission on an application for rehearing; (v) a statement in bold print informing the recipient that judicial review will not be available with respect to a decision of the Commission on any issue for which the recipient has not sought rehearing before the Commission; and (vi) a clear reference to— (I) subsections (a) and (b) of section 19; and (II) any rules issued under those subsections relating to the time or manner of seeking— (aa) a rehearing before the Commission; or (bb) judicial review of a decision of the Commission under this section, including any decision on a rehearing. (C) Effect of notice No court shall have jurisdiction over any action to exercise the right of eminent domain under subsection (h) with respect to any property covered by the applicable certificate of public convenience and necessity issued under this subsection unless the holder of the certificate has provided notice under this paragraph to each interested party described in subparagraph (A). . 3. Conditioned certificates Section 7(e) of the Natural Gas Act ( 15 U.S.C. 717f(e) ) (as amended by section 2(b)) is amended by adding at the end the following: (5) Restrictions (A) Eminent domain (i) Commencement of action A holder of a certificate of public convenience and necessity may not commence an action under subsection (h) until the earlier of— (I) the earliest date on which all timely applications for rehearing under section 19(a) have received a ruling on the merits by the Commission under that section; and (II) the date that is 90 days after the latest date on which a timely application for rehearing under section 19(a) has been deemed denied under paragraph (3)(B)(i) of that section. (ii) Jurisdiction over eminent domain actions No court shall have jurisdiction over any action to exercise the right of eminent domain under subsection (h) with respect to any property covered by the applicable certificate of public convenience and necessity if the holder of that certificate has not received all certifications, authorizations, approvals, permits, or other permissions required under Federal law— (I) to begin construction; and (II) to complete the entire project for which the certificate was issued. (B) Construction (i) In general Except as provided in clause (ii), the holder of a certificate of public convenience and necessity may not begin construction, preconstruction, or land-disturbing activities under that certificate until the later of— (I) the earliest date on which the holder has received all required certifications, authorizations, approvals, permits, or other permissions described in subparagraph (A)(ii); and (II) the earliest date on which all timely applications for rehearing under section 19(a) have either— (aa) received a ruling on the merits by the Commission under that section; or (bb) been deemed denied under paragraph (3)(B)(i) of that section. (ii) Exception Clause (i) shall not apply to activities described in that clause that are carried out— (I) on land that is owned by the holder of the certificate of public convenience and necessity; or (II) in an existing utility right-of-way. . 4. Eminent domain (a) Statement of policy With respect to the construction and operation of natural gas pipelines, it is the policy of the United States to protect the rights of citizens of the United States to their private property, including by limiting the taking of private property by the Federal Government and the use of eminent domain authority granted under any Federal statute to situations in which the taking is for public use, with just compensation, and required by the public convenience and necessity, and not merely to advance the economic interests of private parties that would be given ownership or use of the property taken. (b) Just compensation Section 7(h) of the Natural Gas Act ( 15 U.S.C. 717f(h) ) is amended— (1) by striking the subsection designation and all that follows through When any holder in the first sentence and inserting the following: (h) Eminent domain (1) In general When any holder ; (2) in paragraph (1) (as so designated), in the second sentence— (A) by striking The practice and inserting the following: (2) Practice and procedure (A) In general Subject to subparagraph (B), the practice ; (3) in paragraph (2)(A) (as so designated), by striking situated: Provided, That the and inserting the following “situated. (B) Limitation The ; and (4) by adding at the end the following: (3) Just compensation (A) Definition of lost conservation value In this paragraph, the term lost conservation value means— (i) the value of any use of land for conservation purposes (as defined in section 1.170A–14(d) of title 26, Code of Federal Regulations (or a successor regulation)) that is interrupted or prevented by the exercise of the right of eminent domain under paragraph (1); (ii) any decrease in the value of land due to the interruption or prevention of a use described in clause (i); and (iii) any lost benefit or decrease in the value of a benefit due to the interruption or prevention of a use described in clause (i). (B) Land subject to a conservation easement In determining the just compensation for property acquired by the exercise of the right of eminent domain under paragraph (1), in the case of land subject to a conservation easement, the court with jurisdiction over the proceeding shall consider the lost conservation value of that land. . 5. Appraisals, offers of compensation, and possession Section 7(h) of the Natural Gas Act ( 15 U.S.C. 717f(h) ) (as amended by section 4(b)) is amended by adding at the end the following: (4) Appraisals and offers of compensation (A) Appraisals (i) In general The holder of a certificate of public convenience and necessity shall have the property covered by the certificate independently appraised in accordance with generally accepted appraisal standards. (ii) Requirement The owner of the applicable property (or a designated representative of the owner) shall be given the opportunity to accompany the appraiser during any inspection of the property that is part of an appraisal under clause (i). (iii) Timing An appraisal under clause (i) shall be carried out before the holder of the certificate of public convenience and necessity makes an offer of compensation to the owner of the applicable property. (B) Offers of compensation Any offer of compensation made to an owner of property that is covered by a certificate of public convenience and necessity— (i) shall be made in writing; (ii) may not be for an amount less than the fair market value of the property, as determined by an appraisal carried out under subparagraph (A); and (iii) shall include damages to any property of the owner that is adjacent to the property covered by the certificate. (5) Jurisdiction over eminent domain actions No court shall have jurisdiction over any action to exercise the right of eminent domain under this subsection unless— (A) an appraisal has been carried out in accordance with subparagraph (A) of paragraph (4); and (B) the holder of the certificate of public convenience and necessity has made an offer of compensation to the owner of the applicable property in accordance with subparagraph (B) of that paragraph. (6) Right of possession An owner of property covered by a certificate of public convenience and necessity shall not be required to surrender possession of the property unless the holder of the certificate— (A) has paid to the owner the agreed purchase price; or (B) has deposited with the applicable court the amount of the award of compensation in the condemnation proceeding for the property. . 6. Process coordination for environmental review Section 15 of the Natural Gas Act ( 15 U.S.C. 717n ) is amended by adding at the end the following: (g) Environmental review for interstate natural gas pipelines (1) Definitions In this subsection: (A) Federal authorization (i) In general The term Federal authorization means any authorization required under Federal law with respect to an application for a certificate of public convenience and necessity under section 7. (ii) Inclusions The term Federal authorization includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to an application for a certificate of public convenience and necessity under section 7. (B) Project The term project means a project for the construction or extension of facilities for the transportation in interstate commerce of natural gas that requires Federal authorization. (2) Cumulative impacts analysis In considering an application for Federal authorization for a project in a State, if, during the 1-year period beginning on the date on which the application is filed, an application for Federal authorization for a separate project is filed, and that project is located in the same State and within 100 miles of the first project, the Commission shall consider both projects to be 1 project for purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Supplemental environmental impact statements (A) In general If the Commission determines that comments submitted in response to a draft environmental impact statement prepared with respect to an application for Federal authorization raise issues that exceed the initial scope of the draft environmental impact statement, a supplemental environmental impact statement shall be prepared for the project. (B) Mitigation plans If a draft environmental impact statement prepared with respect to an application for Federal authorization does not include information about mitigation plans for adverse impacts that cannot reasonably be avoided, a supplemental environmental impact statement shall be prepared that includes that information. (4) Public meeting requirements (A) In general In complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to an application for Federal authorization, the Commission shall ensure that public meetings shall be held— (i) in each county or equivalent subdivision in which the project will be located; and (ii) during each period of public comment preceding, if applicable, publication of— (I) a draft environmental impact statement; (II) a final environmental impact statement; and (III) any supplemental environmental impact statement. (B) Notice The Commission shall ensure that notice of each meeting held under subparagraph (A)— (i) is provided to the public and each interested party not later than 30 days before the date of the meeting; and (ii) includes the information described in section 7(d)(2)(B)(i). . 7. Impacts on critical natural resources Subsection (g) of section 15 of the Natural Gas Act ( 15 U.S.C. 717n ) (as added by section 6) is amended by adding at the end the following: (5) National scenic trails (A) In general In preparing an environmental impact statement with respect to an application for Federal authorization for a project, any evaluation of the visual impacts of the project on a national scenic trail designated by the National Trails System Act ( 16 U.S.C. 1241 et seq. ) in the environmental impact statement shall— (i) consider the cumulative visual impacts of any similar proposed project— (I) for which an application for Federal authorization is in the pre-filing or filing stage; and (II) that impacts the same national scenic trail within 100 miles of the first project; and (ii) include visual impact simulations depicting leaf-on and leaf-off views at each location where major visual impacts occur, as identified, authenticated, and justified during the period of public comment preceding the publication of a draft environmental impact statement by the head of the Federal agency or independent agency administering the land at the applicable location. (B) National forest management plans No amendment to a National Forest management plan under the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ) shall be considered if the result of the amendment represents net degradation to the resources of a national scenic trail designated by the National Trails System Act ( 16 U.S.C. 1241 et seq. ). . 8. Judicial review Section 19(a) of the Natural Gas Act ( 15 U.S.C. 717r(a) ) is amended— (1) in the sixth sentence, by striking Until the record and inserting the following: (5) Powers of the Commission Until the record ; (2) in the fifth sentence, by striking No proceeding and inserting the following: (4) Application required for judicial review No proceeding ; (3) by striking the fourth sentence and inserting the following: (B) Effect of failure to timely rule on the merits (i) In general If the Commission has not ruled on the merits of an application for rehearing under this subsection by the date that is 30 days after the date on which the application for rehearing is filed with the Commission, the application for rehearing shall be deemed denied on that date. (ii) Orders granting rehearing for further consideration For purposes of clause (i), an order granting an application for rehearing solely for the purpose of further considering the issues raised in the application for rehearing shall not be considered to be a ruling on the merits of the application for rehearing. (iii) Judicial review An application for rehearing that is deemed denied under clause (i) may be reviewed by a court of appeals of the United States in accordance with subsection (b). ; (4) in the third sentence, by striking Upon such application and inserting the following: (3) Decision on application (A) In general On an application for rehearing under this subsection, ; (5) in the second sentence, by striking The application and inserting the following: (2) Contents An application ; and (6) by striking the subsection designation and all that follows through Any person in the first sentence and inserting the following: (a) Application for rehearing (1) In general Any person . | https://www.govinfo.gov/content/pkg/BILLS-117s4864is/xml/BILLS-117s4864is.xml |
117-s-4865 | II 117th CONGRESS 2d Session S. 4865 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Luján (for himself, Mr. Merkley , Mr. Heinrich , Mr. Markey , Mr. Blumenthal , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish the Foundation for Digital Equity, and for other purposes.
1. Short title This Act may be cited as the Digital Equity Foundation Act of 2022 . 2. Foundation for digital equity (a) Definitions In this section: (1) Assistant secretary The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (2) Board The term Board means the Board of Directors described in subsection (d)(1). (3) Business incubator The term business incubator has the meaning given the term in section 3 of the Native American Business Incubators Program Act ( 25 U.S.C. 5802 ). (4) Commission The term Commission means the Federal Communications Commission. (5) Committee The term Committee means the Committee for the Establishment of the Foundation for Digital Equity established under subsection (b). (6) Community anchor institution; covered household; covered populations The terms community anchor institution , covered household , and covered populations have the meanings given those terms in section 60302 of the Digital Equity Act of 2021 ( 47 U.S.C. 1721 ). (7) Department The term Department means the Department of Commerce. (8) Digital equity The term digital equity means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States. (9) Digital inclusion The term digital inclusion — (A) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as— (i) reliable fixed and wireless broadband; (ii) internet-enabled devices that meet the needs of the user for telehealth, remote work, remote schooling, or other purposes; and (iii) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and (B) includes— (i) obtaining access to digital literacy training; (ii) the provision of quality technical support; and (iii) obtaining basic awareness of measures to ensure online privacy and cybersecurity. (10) Digital literacy The term digital literacy means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information. (11) Executive director The term Executive Director means the Executive Director of the Foundation described in subsection (f)(1). (12) Foundation The term Foundation means the Foundation for Digital Equity established under subsection (c). (13) Institution of higher education The term institution of higher education means— (A) an institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); or (B) a postsecondary vocational institution, as that term is defined in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(c) ). (14) Minority-serving institution The term Minority-serving institution means an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (15) NTIA The term NTIA means the National Telecommunications and Information Administration. (16) Older individual The term older individual has the meaning given the term in section 101 of the Older Americans Act of 1965 ( 42 U.S.C. 3001 ). (17) Secretary The term Secretary means the Secretary of Commerce. (18) Small business investment company The term small business investment company has the meaning given the term in section 103 of the Small Business Investment Act of 1958 ( 15 U.S.C. 662 ). (19) Startup The term startup has the meaning given the term start-up business in section 362(f)(5)(C) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(f)(5)(C) ). (20) Tribal Broadband Connectivity Program The term Tribal Broadband Connectivity Program means the program established pursuant to section 905(c) of division N of the Consolidated Appropriations Act, 2021 ( 47 U.S.C. 1305 note). (b) Committee for the Establishment of the Foundation for Digital Equity (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish the Committee for the Establishment of the Foundation for Digital Equity. (2) Members The Committee shall be composed of 5 members— (A) who shall be appointed by the officials described in subsection (d)(2)(B)(i); (B) each of whom shall be a voting member of the Committee; (C) not fewer than 3 of whom shall have broad and general experience in matters relating to digital equity, digital inclusion, or digital literacy; and (D) not less than 1 of whom shall have broad and general experience in working with private nonprofit organizations. (3) Functions The functions of the Committee are as follows: (A) To carry out such activities as may be necessary to incorporate the Foundation under the laws of a State, including by— (i) serving as the incorporators for the Foundation; and (ii) ensuring that the articles of incorporation for the Foundation require that the Foundation is operated in accordance with the requirements of this section. (B) To ensure that the Foundation qualifies for and (during the period in which the Committee is in existence) maintains the status described in subsection (c)(4). (C) To provide for the initial operation of the Foundation, including by ensuring that the Foundation has adequate facilities, equipment, and staff. (D) To appoint initial voting members of the Board who satisfy the requirements under subsection (d)(2)(C) and have such other qualifications as the Committee determines appropriate with respect to those members. (4) Chair The Committee shall, from among the members of the Committee, designate a member of the Committee to serve as Chair of the Committee. (5) Term (A) In general Each member of the Committee shall serve for the duration of the Committee. (B) Vacancies (i) No effect on authority A vacancy in the membership of the Committee shall not affect the authority of the Committee to carry out the functions of the Committee. (ii) Replacement If a member of the Committee does not serve for the duration of the Committee, the individual appointed to fill that vacancy shall be appointed by the ex officio members of the Board for the remainder of the applicable term. (6) Compensation A member of the Committee— (A) shall not receive compensation for service on the Committee; and (B) may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the functions of the Committee. (7) Termination The Committee shall— (A) complete the functions of the committee described in paragraph (3) not later than 180 days after the date on which the Secretary establishes the Committee under paragraph (1); and (B) terminate on the date that is 30 days after the date on which the Secretary determines that the Committee has completed the functions described in paragraph (3). (c) Establishment (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonprofit corporation to be known as the Foundation for Digital Equity . (2) Mission The mission of the Foundation shall be— (A) to supplement, but not supplant, the work of the NTIA and the Commission in promoting the benefits of technological development in the United States, and of high-capacity, affordable broadband connectivity in particular, for all users of telecommunications and information facilities; (B) to raise, leverage, or match funding from other entities, including philanthropic organizations, the private sector, and State and local governments, to promote digital literacy, digital inclusion, and digital equity for communities with low rates of adoption of broadband; (C) to develop programs and partnerships to— (i) spur greater rates of adoption of broadband among covered populations; (ii) collaborate with State, local, and Tribal governments, Minority-serving institutions, other anchor institutions, and stakeholders in the communications, education, business, and technology fields; (iii) publicize and incentivize the adoption of evidence-based programs; (iv) convene organizations and partnerships with related goals and interests to establish problem-solving processes; (v) strengthen and share best practices relating to— (I) projects promoting digital inclusion, digital literacy, and digital equity; and (II) regional economic development; (vi) support job creation and workforce development; and (vii) support the goals of the Tribal Broadband Connectivity Program; and (D) to promote equitable access to, and the adoption of, broadband technologies and digital applications that support accessibility, telehealth, distance learning, and online access to governmental benefits and services, including by preventing, detecting, and remedying digital discrimination. (3) Limitation The Foundation shall not be an agency or instrumentality of the Federal Government or any State or local government. (4) Tax-exempt status The Board shall take all necessary and appropriate steps to ensure that the Foundation is an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (d) Board of directors (1) Establishment The Foundation shall be governed by a Board of Directors. (2) Composition (A) In general The Board shall be composed of the ex officio members described in subparagraph (B) and the appointed voting members described in subparagraph (C). (B) Ex officio members (i) Members The ex officio members of the Board shall be the following individuals (or designees of those individuals): (I) The Secretary. (II) The Assistant Secretary. (III) The Chairman of the Commission. (IV) The Secretary of the Treasury. (V) The Under Secretary of Agriculture for Rural Development. (ii) Nonvoting members The ex officio members of the Board shall be nonvoting members of the Board. (C) Appointed members (i) Representation The appointed members of the Board shall reflect a broad cross-section of stakeholders from academia, industry, nonprofit and civil rights organizations, community-based practitioners of efforts to promote digital inclusion, State or local governments, local school districts and libraries, other community anchor institutions, and the philanthropic community. (ii) Experience Each appointed member of the Board shall— (I) (aa) have experience promoting digital equity, digital inclusion, and digital literacy; (bb) have experience in the technology sector; (cc) have experience in the telecommunications and broadband sector; (dd) have direct experience working with covered populations; or (ee) have research experience in foundation operations; and (II) to the extent practicable, represent diverse regions, sectors, and the communities corresponding to the covered populations that are the focus of the activities of the Foundation. (3) Chair and vice chair (A) In general The Board shall designate, from among the appointed members of the Board— (i) an individual to serve as Chair of the Board; and (ii) an individual to serve as Vice Chair of the Board. (B) Terms The term of service of the Chair and Vice Chair of the Board shall end on the earlier of— (i) the date that is 3 years after the date on which the Chair or Vice Chair of the Board, as applicable, is designated for the position; and (ii) the last day of the term of service of the member, as determined under paragraph (4)(A), who is designated to be Chair or Vice Chair of the Board, as applicable. (C) Representation The Chair and Vice Chair of the Board— (i) shall not be representatives of the same area of subject matter expertise, or entity, as applicable, under paragraph (2)(C)(ii); and (ii) shall not be representatives of any area of subject matter expertise, or entity, as applicable, represented by the immediately preceding Chair and Vice Chair of the Board. (4) Terms and vacancies (A) Terms (i) In general The term of service of each appointed member of the Board shall be not more than 5 years. (ii) Initial appointed members Of the initial members of the Board appointed under subsection (b)(3)(D), 1/2 of the members shall serve for 4 years and 1/2 of the members shall serve for 5 years, as determined by the Chair of the Board. (B) Vacancies Any vacancy in the membership of the appointed members of the Board— (i) shall be filled by a majority vote of the appointed members of the Board in accordance with the bylaws of the Foundation; (ii) shall not affect the power of the remaining appointed members to execute the duties of the Board; and (iii) shall be filled by an individual selected by the Board. (5) Meetings; quorum (A) Initial meeting Not later than 60 days after the date on which all of the members of the Board have been appointed, the Secretary shall convene a meeting of the ex officio and appointed members of the Board to establish the bylaws of the Foundation in accordance with paragraph (7). (B) Quorum A majority of the appointed members of the Board shall constitute a quorum for purposes of conducting the business of the Board. (6) Duties The Board shall— (A) provide overall direction for the activities of the Foundation and establish priority activities; (B) provide guidance to the Executive Director such that the Executive Director may carry out any other necessary activities of the Foundation; (C) evaluate the performance of the Executive Director; and (D) actively solicit and accept funds, gifts, grants, devises, or bequests of real or personal property to the Foundation, including from private entities. (7) Bylaws (A) In general The bylaws established under paragraph (5)(A) may include— (i) policies for the selection of Board members and officers, employees, agents, and contractors of the Foundation; (ii) policies, including ethical standards, for— (I) the acceptance, solicitation, and disposition of donations and grants to the Foundation, including appropriate limits on the ability of donors to designate, by stipulation or restriction, the use or recipient of donated funds; and (II) the disposition of assets of the Foundation; (iii) policies that subject all employees, fellows, trainees, contractors, consultants, and other agents of the Foundation (including ex officio and appointed members of the Board) to conflict of interest standards; and (iv) the specific duties of the Executive Director. (B) Requirements The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws shall not— (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any Federal agency or program, or any officer or employee employed by, or involved in, such an agency or program. (8) Compensation (A) In general No member of the Board shall receive compensation for serving as a member of the Board. (B) Reimbursement of certain expenses In accordance with the bylaws of the Foundation, members of the Board may be reimbursed for travel expenses, including per diem in lieu of subsistence, and other necessary expenses incurred in carrying out the duties of the Board. (e) Activities (1) Studies, competitions, and projects The Foundation may conduct and support studies, competitions, projects, and other activities that further the mission of the Foundation described in subsection (c)(2). (2) Grants (A) In general The Foundation may award grants for activities relating to digital equity, digital inclusion, or digital literacy. (B) Selection In selecting a recipient for a grant awarded under subparagraph (A), the Foundation— (i) shall make the selection based on the comparative merits of— (I) the proposed project of the potential recipient; (II) the impact of the project described in subclause (I) on promoting digital equity in local communities; and (III) the alignment of the project described in subclause (I) with— (aa) the overall goals of the Foundation relating to diversity on the basis of geography; (bb) the type of need addressed by the project; and (cc) other factors specified in the strategic plan and grant guidelines of the Foundation; and (ii) may consult with a potential recipient regarding the ability of the potential recipient to carry out various projects that would further the mission of the Foundation described in subsection (c)(2). (3) Accessing facilities and expertise The Foundation may work with the Secretary and the Commission— (A) to leverage the capabilities and facilities of the Department and the Commission; and (B) to assist with resources, including by providing information on assets of the Department and the Commission that may enable the promotion of digital equity, digital inclusion, or digital literacy. (4) Training and education The Foundation may support programs that provide training to researchers, scientists, and other relevant personnel at the Department, the Commission, and institutions of higher education to help promote digital equity, digital inclusion, and digital literacy. (5) Stakeholder engagement The Foundation shall convene, and may consult with, representatives from the Department, the Commission, institutions of higher education, the private sector, public interest stakeholders, and commercialization organizations to develop programs for the mission of the Foundation described in subsection (c)(2) and to advance the activities of the Foundation. (6) For-profit subsidiaries (A) In general The Foundation may establish 1 or more for-profit subsidiaries, including an impact investment fund— (i) to stimulate economic development activities relating to the mission of the Foundation described in subsection (c)(2); and (ii) to attract for-profit investment partners for digital equity, digital inclusion, and digital literacy activities. (B) Authorities of the for-profit subsidiary A for-profit subsidiary established under subparagraph (A) may— (i) enter into a partnership with an economic development corporation, including a business incubator or small business investment company; (ii) pay for the cost of building and administering a facility, including a business incubator, to support the activities of the Foundation described in this subsection; and (iii) provide funding to a startup. (7) Supplemental programs The Foundation may carry out supplemental programs— (A) to conduct and support forums, meetings, conferences, courses, and training workshops consistent with the mission of the Foundation described in subsection (c)(2); (B) to support and encourage the understanding and development of— (i) data collection that provides clarity with respect to inequities and community needs in order to promote digital equity, digital inclusion, and digital literacy; and (ii) policies that make regulation more effective and efficient by leveraging the data collection efforts described in clause (i) for the regulation of relevant technology sectors; (C) for writing, editing, printing, publishing, and selling books and other materials relating to efforts carried out by the Foundation, the Department, or the Commission; and (D) to conduct other activities to carry out and support the mission of the Foundation described in subsection (c)(2). (8) Evaluations The Foundation shall support the development of an evaluation methodology, to be used as part of any program supported by the Foundation, that shall— (A) consist of qualitative and quantitative metrics; (B) include periodic third-party evaluation of the programs and other activities of the Foundation; and (C) be made publicly available. (9) Communications The Foundation shall develop an expertise in communications to— (A) disseminate awareness of funding opportunities among community-based organizations that serve covered populations; and (B) promote the work of grant and fellowship recipients under paragraph (2), the successes of the Foundation, opportunities for partnership with the Foundation, and other activities. (10) Tribal Broadband Connectivity Grants The Foundation may support a grant made under the Tribal Broadband Connectivity Program if there are not adequate appropriations to support such a grant. (f) Administration (1) Executive director The Board shall appoint an Executive Director of the Foundation, who shall serve at the pleasure of the Board. (2) Administrative control No member of the Board, any officer or employee of the Foundation, any officer or employee of any program established by the Foundation, or any participant in a program established by the Foundation may exercise administrative control over any Federal employee. (3) Strategic plan Not later than 1 year after the date of enactment of this Act, the Foundation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a strategic plan that, incorporating the input of the community advisory committee convened under subsection (g)(1), contains— (A) a description of the initial focus areas of, and primary purposes for, each program, grant, or award opportunity that the Foundation plans to implement during the 2-year period beginning on the date on which the strategic plan is submitted; (B) a description of the efforts that the Foundation will take to be transparent in the processes of the Foundation, including processes relating to— (i) grant awards, including selection, review, and notification with respect to those awards; and (ii) communication of past, current, and future digital equity priorities; (C) a description of the financial goals and benchmarks of the Foundation for the 10-year period beginning on the date on which the report is submitted; and (D) a description of the efforts undertaken by the Foundation to ensure maximum complementarity and minimum redundancy with investments made by the Secretary and the Commission. (4) Recurring report Not later than 1 year after the date on which the Foundation is established, and once every 2 years thereafter, the Foundation shall make publicly available, and shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Secretary, a report that, for the period covered by the report— (A) describes the activities of the Foundation and the progress of the Foundation in furthering the mission of the Foundation described in subsection (c)(2); (B) provides a specific accounting of the source and use of all funds made available to the Foundation to carry out the activities described in subparagraph (A) to ensure transparency in the alignment of the missions of the Department and the Commission; and (C) includes a summary of each evaluation regarding the decision to award a grant that is conducted under the requirements of subsection (e)(2)(B). (5) Evaluation by comptroller general Not later than 5 years after the date on which the Foundation is established, and once every 5 years thereafter, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives— (A) an evaluation of— (i) the extent to which the Foundation is achieving the mission of the Foundation; and (ii) the operation of the Foundation; and (B) any recommendations regarding how the Foundation may be improved. (6) Audits The Foundation shall— (A) provide for annual audits of the condition of the Foundation; and (B) make the audits, and all other records, documents, and papers of the Foundation, available to the Secretary and the Comptroller General of the United States for examination or audit. (7) Integrity (A) In general To ensure integrity in the operations of the Foundation, the Board shall develop and enforce procedures relating to standards of conduct, financial disclosure statements, conflicts of interest (including recusal and waiver rules), audits, and any other matters determined appropriate by the Board. (B) Financial conflicts of interest An individual who is an officer, employee, or member of the Board may not participate in deliberations by the Foundation regarding a matter that would directly or predictably affect any financial interest of— (i) the individual; (ii) a relative (as defined in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)) of that individual; or (iii) a business organization or other entity in which the individual has an interest, including an organization or other entity with which the individual is negotiating employment. (8) Intellectual property The Board shall adopt written standards to govern the ownership and licensing of any intellectual property rights— (A) developed by the Foundation through activities funded by a for-profit subsidiary established under subsection (e)(6); or (B) otherwise derived from the collaborative efforts of the Foundation. (9) Liability (A) In general The United States shall not be liable for any debt, default, act, or omission of— (i) the Foundation; or (ii) a Federal entity with respect to an agreement of that Federal entity with the Foundation. (B) Full faith and credit The full faith and credit of the United States shall not extend to any obligations of the Foundation. (10) Nonapplicability of faca The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Foundation. (g) Community advisory committee and report (1) Composition (A) In general Not later 90 days after the date on which the Foundation is established, the Board shall convene an advisory committee comprised of community members from covered populations and experts with experience providing essential products and service to covered populations. (B) Stakeholders represented To the extent practicable, the Board shall ensure that members appointed to the advisory committee under subparagraph (A) represent diverse regions, sectors, and communities, including not less than 1 member who is affiliated with, or has experience working with, all of the following: (i) Digital inclusion practitioners. (ii) Rural-focused programs. (iii) Members of Indigenous communities. (iv) Civil rights advocates. (v) Consumer advocates. (vi) Libraries. (vii) School systems or education technology specialists. (viii) Accessibility advocates or experts. (ix) Retired or older individuals. (x) Private sector internet service providers. (xi) Other relevant groups with experience addressing the access, adoption, and affordability of broadband services. (2) Annual report Not later than 2 years after the date on which the Foundation is established, and annually thereafter, the Board shall direct the community advisory committee convened under paragraph (1) to submit to the Board a written report that includes recommended changes, if any, to the Foundation and any other matter the Board considers appropriate. (3) Reimbursement for certain expenses In accordance with the bylaws of the Foundation, members of the community advisory committee convened under paragraph (1) may be reimbursed for travel expenses, including per diem in lieu of subsistence, and other necessary expenses incurred in carrying out the functions of that advisory committee. (h) Support services The Secretary shall provide facilities, utilities, and support services to the Foundation if the Secretary determines that the provision of those items is advantageous to the programs of the Department. (i) Anti-Deficiency act Section 1341(a)(1) of title 31, United States Code (commonly referred to as the Anti-Deficiency Act ), shall not apply to any Federal officer or employee carrying out any activity of the Foundation using funds of the Foundation. (j) No preemption of authority This section shall not preempt any authority or responsibility of the Secretary under any other provision of law. (k) Transfer funds The Foundation may transfer funds to the Department, which shall be subject to all applicable Federal limitations relating to federally funded research. (l) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary— (1) to the Secretary for fiscal year 2023 to establish the Committee; (2) to the Foundation for fiscal year 2024 to carry out the activities of the Foundation; and (3) to the Foundation for fiscal year 2025, and each fiscal year thereafter, for administrative and operational costs. | https://www.govinfo.gov/content/pkg/BILLS-117s4865is/xml/BILLS-117s4865is.xml |
117-s-4866 | II 117th CONGRESS 2d Session S. 4866 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Van Hollen (for himself 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 establish a program to address sickle cell disease and other heritable hemoglobinopathies.
1. Short title This Act may be cited as the Sickle Cell Disease Treatment Centers Act of 2022 . 2. Establishment of sickle cell disease and other heritable hemoglobinopathies treatment centers Subpart I of part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended by inserting after section 330P ( 42 U.S.C. 254c–22 ) the following: 330Q. Sickle cell disease and other heritable hemoglobinopathies treatment centers (a) Definitions In this section: (1) Community-based organization The term community-based organization means a community-based organization working in partnership under at least one collaborative agreement with a medical hub and spoke network. (2) Eligible entity The term eligible entity means any entity that is a sickle cell disease treatment hub-and-spoke network that is comprised of— (A) a hub-and-spoke network that includes— (i) a medical hub that is a hospital, clinic, or university health center; and (ii) at least 1 spoke working in partnership with the medical hub; and (B) at least 1 community-based organization working in a partnership with the hub-and-spoke network, or the medical hub or at least one spoke of such network. (3) Hub-and-spoke network The term hub-and-spoke network means a framework for delivery of health care services— (A) recommended by the National Academies of Sciences, Engineering, and Medicine in its 2020 report titled, Addressing Sickle Cell Disease: A Strategic Plan and Blueprint for Action ; (B) in which a medical hub identifies and manages a medical spoke or network of spokes, or other subsidiary entities, to provide comprehensive sickle cell disease care; (C) in which such subsidiary entities serving as spokes— (i) may initially provide limited sickle cell disease care services; and (ii) may evolve into hubs and connect with new spokes; and (D) in which the medical hub and spoke collaborate with a community-based organization to extend services and outreach to the sickle cell disease community. (4) Medical hub The term medical hub means a hospital, clinic, or university health center that— (A) has an outpatient treatment clinic, infusion capabilities, telehealth capability, and experience serving individuals living with sickle cell disease; and (B) follows widely acceptable clinical practice guidelines. (5) Spoke The term spoke means an entity— (A) that is— (i) a Federally-qualified health center, as defined in section 1861(aa) of the Social Security Act; (ii) a Federally-qualified health center, as defined in section 1905(l)(2)(B) of the Social Security Act; or (iii) a hospital, clinic, or university health center that provides clinical care and has telehealth capability; (B) that has at least 1 collaborative agreement with a medical hub and a community-based organization; and (C) that incorporates a community health worker into the care team. (b) Program established The Secretary shall award grants to eligible entities to establish treatment centers using a hub-and-spoke framework (referred to in this section as Sickle Cell Disease Treatment Centers ), for the purposes of— (1) promoting access to coordinated longitudinal health care for all patients with sickle cell disease and individuals with sickle cell trait; (2) providing support to establish integrated health care teams for patients with sickle cell disease; (3) improving the health and well-being of children, youth, and adults with sickle cell disease; (4) increasing reporting on quality and other public health measures with respect to sickle cell disease treatment; (5) accurately compiling all applicable State sickle cell newborn screening data; (6) integrating sickle cell newborn screening data with longitudinal follow-up data on sickle cell disease health outcomes and associated complications, in collaboration with the Sickle Cell Disease Data Collection Program of the Centers for Disease Control and Prevention; and (7) conducting significant public health activities with respect to sickle cell disease. (c) Use of funds by eligible entities An eligible entity shall use grant funds received under this section as follows: (1) Medical hub The medical hub of the eligible entity shall carry out the following: (A) Operating and administrating costs of operating a hub-and-spoke framework. (B) Complying with published sickle cell disease treatment guidelines, as identified by the Secretary. (C) Educating providers on sickle cell disease treatment standards and protocols. (D) Providing integrated care management, which may include— (i) primary care; (ii) care management; and (iii) mental health services. (E) Coordinating specialty care services, whether provided at the medical hub or spoke. (F) Coordinating reproductive health services for sickle cell disease patients. (G) Providing a dedicated sickle cell expert at the medical hub to assist in overseeing care of sickle cell disease patients at spokes and to advise the community-based organization. (H) Educating providers on social determinants of health and implicit bias that may affect quality of care and life for patients with sickle cell disease, trait, or other hemoglobinopathies. (I) Providing telehealth appointments to patients when appropriate and facilitating access to telehealth services for sickle cell disease patients to the extent feasible. (J) Providing medical and surgical treatment to sickle cell disease patients. (K) Implementing pediatric-to-adult health care transition programs for purposes of ensuring coordinated patient graduation from pediatric to adult providers for all patients. (L) Providing social work services in coordination with a community-based organization. (M) Collecting and distributing data as required by the National Sickle Cell Disease Coordinating Center established under this section or otherwise required by the Director of the Centers for Disease Control and Prevention. (N) Engaging in quality improvement with respect to standards of care for health and quality of life outcomes among sickle cell disease patients as identified by the Secretary. (2) Community-based organization The community-based organization of the eligible entity shall provide or coordinate each of the following: (A) Providing education and outreach to sickle cell disease patients, caregivers, and health providers. (B) Providing support in addressing social determinants of health. (C) Providing social work services in coordination with a medical hub or spoke. (D) Testing or coordinating testing for sickle cell conditions and for carrier states that put a family at risk for having a child with sickle cell disease. (E) Engaging in quality improvement with respect to standards of care or health and quality of life outcomes among sickle cell disease patients, as identified by the Secretary. (3) Spoke The spokes of the eligible entity shall provide or coordinate each of the following services: (A) Collaborating with a medical hub to coordinate and support care for sickle cell disease patients. (B) Providing the approved standards of care for such patients. (C) Providing primary care services or specialty care. (D) Providing telehealth appointments, as appropriate. (E) Providing medical or surgical treatment. (F) Implementing individual care plans. (G) Providing social work services in coordination with a community-based organization. (H) Collecting and distributing data required by the National Sickle Cell Disease Coordinating Center established under this section and the Sickle Cell Disease Data Collection Program of the Centers for Disease Control and Prevention. (4) Additional uses of funds In addition to the uses of funds described in paragraphs (1), (2), and (3), an eligible entity selected to receive a grant under this section may use funds received through the grant— (A) to identify and secure resources for ensuring reimbursement under, for the State involved, the State plan under title XIX of the Social Security Act (or a waiver of such plan), State child health plan under title XXI of such Act (or a waiver of such plan), and other health programs for the prevention and treatment of sickle cell disease, including by working with community-based sickle cell disease organizations and other nonprofit entities; (B) to assist sickle cell disease patients with accessing appropriate health care insurance, including— (i) through the payment of insurance premiums and cost-sharing amounts, to the extent otherwise permitted under State and Federal law; (ii) by working with community-based sickle cell disease organizations and other nonprofit entities; and (iii) by helping sickle cell disease patients know their rights with insurance programs; (C) to facilitate access to telehealth services for sickle cell disease patients to the extent feasible; (D) to fund evidence-based programs that provide education to teachers and school personnel, correctional institution personnel, and health care professionals on the care of individuals with sickle cell disease in health care settings and other appropriate settings, including schools and prisons; (E) to offer transportation services for sickle cell disease patients who do not have, but who need access to in-person care with the Sickle Cell Disease Treatment Centers; and (F) to facilitate access to sickle cell trait testing and genetic counseling. (d) Application; Selection (1) Application An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of how the hub-and-spoke entity and community-based organization will collaborate in carrying out the activities described in subsection (c). Such an application may be submitted on behalf of the eligible entity by a hub-and-spoke network or by the community-based organization. (2) Geographic distribution The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants under this section, to the extent practicable, to eligible entities located across the United States, with a focus on regions where a disproportionate number of patients with sickle cell disease or other heritable hemoglobinopathy patients per capita reside, and with the intention of awarding grants nationwide so that patients can access more comprehensive sickle cell disease treatment services no matter where they reside. (3) Priorities in making awards In awarding grants under this section, the Secretary may give priority to eligible entities that— (A) include at least one historically black college or university (defined as a part B institution under section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )) or minority serving institution (defined as an eligible institution under section 371 of such Act ( 20 U.S.C. 1067q )) that has a medical school; (B) serve an area with a prevalence of sickle cell disease; or (C) serve a rural area. (4) Eligible patients For purposes of this section, patients who may be treated by Sickle Cell Disease Treatment Centers, or who may be supported by public health activities and other programming, shall include patients with sickle cell disease, and may include patients with other heritable hemoglobinopathies. (e) National Sickle Cell Disease Coordinating Center (1) In General The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall enter into a contract with an entity to serve as the National Sickle Cell Disease Coordinating Center, which shall coordinate the activities conducted by grantees under this section and carry out the activities described in paragraph (2). (2) Duties The National Sickle Cell Disease Coordinating Center shall carry out each of the following activities: (A) Coordinate the infrastructure of Sickle Cell Disease Treatment Centers established under subsection (b). (B) Coordinate and support hub-and-spoke frameworks. (f) CDC Sickle Cell Disease Data Collection program for SCD Treatment centers The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall coordinate the following with respect to eligible entities under this section: (1) Collecting, coordinating, monitoring, and distributing data, best practices, and findings regarding the activities funded under grants made to eligible entities under this section. (2) Collecting and maintaining up-to-date data on sickle cell disease and sickle cell trait, including subtypes as applicable, and their associated health outcomes and complications, including for the purpose of— (A) improving national incidence and prevalence data, including the geographic distribution of affected individuals; (B) working with the State newborn screening programs to establish a national registry of sickle cell newborn screening data to serve as a foundation for assessing longevity and the prevalence of complications resulting from sickle cell disease; (C) identifying health disparities impacting individuals born with sickle cell disease and sickle cell trait, including subtypes as applicable, and other hemoglobinopathies; (D) assessing the utilization of therapies, comprehensive complication risk screening, and strategies to prevent complications resulting from sickle cell disease and to increase quality of life; and (E) evaluating the effects of genetic, environmental, behavioral, and other risk factors that may affect individuals with sickle cell disease. (3) Developing educational materials, public awareness campaigns, or other outreach programs regarding the prevention and treatment of sickle cell disease and the prevalence of sickle cell trait. (4) Preparing and submitting to Congress a final report that includes recommendations regarding the effectiveness of the Sickle Cell Disease Treatment Centers established under subsection (b) and direct outcome measures, including— (A) the number and type of health care resources utilized (such as emergency room visits, hospital visits, length of stay, and physician visits for individuals with sickle cell disease); and (B) the number of individuals that were tested and subsequently received genetic counseling for the sickle cell trait. (g) Request for information Not later than 180 days after the date of enactment of the Sickle Cell Disease Treatment Centers Act of 2022 , and in advance of each new grant cycle thereafter, the Secretary shall publish in the Federal Register a request for information seeking feedback from stakeholders on— (1) best practices with respect to the establishment and implementation of Sickle Cell Disease Treatment Centers; and (2) any other information that the Secretary may require. (h) Report to Congress (1) In General Not later than 3 years after the date of the enactment of the Sickle Cell Disease Treatment Centers Act of 2022 and every 5 years thereafter, the Secretary shall submit to Congress a report on the impact of the Sickle Cell Disease Treatment Centers established under this section on health outcomes for sickle cell disease patients. (2) Report elements The report described in this section shall include— (A) a summary and description of eligible entities operating a hub-and-spoke framework that are receiving grant funds under this section; (B) information about the specific activities supported by grant funds awarded under this section with respect to each eligible entity; and (C) the number of sickle cell disease patients served by grant programs funded under this section and demographic information about those patients, including race, sex, gender, geographic location, and age. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section, $535,000,000 for fiscal year 2023 and each fiscal year thereafter. Of the amount made available for a fiscal year under the preceding sentence, not less than— (1) 70 percent shall be used to award grants to at least 128 eligible entities where the application is submitted by medical hubs or spokes; (2) 20 percent shall be used to award grants to at least 100 eligible entities where the application is submitted by community-based sickle cell disease organizations or nonprofit entities that are part of an eligible entity; (3) 5 percent shall be used for the establishment and maintenance of the National Sickle Cell Disease Coordinating Center described in subsection (e); and (4) 5 percent shall be used for the activities of the Sickle Cell Data Collection program of the Centers for Disease Control and Prevention described in this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s4866is/xml/BILLS-117s4866is.xml |
117-s-4867 | II 117th CONGRESS 2d Session S. 4867 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Luján (for himself, Mr. Menendez , Mrs. Feinstein , Mr. Merkley , Mr. Wyden , Mr. Casey , Mr. Padilla , Mr. Van Hollen , Mr. Booker , Ms. Baldwin , Mr. Reed , Mr. Heinrich , Mr. Blumenthal , Mr. Markey , Mr. Kelly , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide enhanced student loan relief to educators.
1. Short title This Act may be cited as the Loan Forgiveness for Educators Act of 2022 . 2. Loan forgiveness and cancellation for educators (a) Enhanced teacher loan forgiveness under the FFEL program Section 428J of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10 ) is amended to read as follows: 428J. Loan forgiveness for educators (a) Purpose It is the purpose of this section to enhance student access to a well-prepared, diverse, and stable educator workforce by eliminating debt burdens for educators in return for service teaching and leading in high need schools or early childhood education programs. (b) Program authorized Not later than 270 days after the date of enactment of the Loan Forgiveness for Educators Act of 2022 , the Secretary shall carry out a program, through the holder of the loan, of assuming, as required under subsection (c), the obligation to repay a covered loan for qualifying educators engaged in qualifying service. A qualifying educator may apply for the program under this section after the Secretary has begun carrying out the program. (c) Forgiveness of covered loans (1) Forgiveness of loans upon completion of qualifying service (A) In General For each qualifying educator who has completed 5 years of qualifying service (including any qualifying service, as defined under this section as in effect after the date of implementation of the Loan Forgiveness for Educators Act of 2022 , that may have been completed or performed before or after such date of implementation, or a combination of qualifying service), the Secretary shall assume the obligation to repay an amount equal to 100 percent of the aggregate of the loan obligations (including interest and fees) on all covered loans that are outstanding as of the date of completion of such fifth year of qualifying service. (B) Timing The years of qualifying service required under subparagraph (A) may be consecutive or nonconsecutive, and the qualifying educator may elect which years of qualifying service to use for purposes of subparagraph (A). (2) Monthly loan forgiveness Upon application by any qualifying educator who has a covered loan and who is engaged in qualifying service, and in addition to any loan forgiveness under paragraph (1), the Secretary shall enter into an agreement with such qualifying educator, under which— (A) during the period of qualifying service (for qualifying service that occurs after the date of implementation of this Act), the Secretary agrees to assume the obligation to repay the minimum monthly obligation on all covered loans of the qualifying educator, based on the repayment plan selected by the qualifying educator, for— (i) each month of qualifying service; and (ii) any summer or other school or program year calendar breaks scheduled by a high need school or early childhood education program during a school or program year in which the qualifying educator is engaged in qualifying service; (B) during the period of qualifying service, the assumption of the monthly loan obligation provided will serve as a monthly payment, considered paid in full by the qualifying educator, based on the repayment plan selected by the qualifying educator (which, if the qualifying educator chooses, shall include any income driven repayment plan); and (C) during the period of qualifying service, each monthly obligation that is repaid by the Secretary under this paragraph on a covered loan shall be deemed to be a qualifying monthly payment made by the qualifying educator for purposes of the loan forgiveness program under section 455(m), if applicable. (3) Application The Secretary shall develop and make publicly available an application for qualifying educators who wish to receive loan forgiveness under this subsection. The application shall— (A) be available for qualifying educators to file for loan forgiveness under paragraph (1) and for monthly loan forgiveness under paragraph (2); (B) include any certification requirements that the Secretary determines are necessary to verify qualifying service; and (C) allow for the verification of the qualifying service— (i) in the case of an early childhood educator or an elementary or secondary school teacher serving in a high need school, by a school leader or the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator’s designee); (ii) in the case of an early childhood educator serving in an early childhood education program, by the director of that program (or the director’s designee); (iii) in the case of a school leader serving in a high need school, by the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator’s designee); (iv) in the case of a director of an early childhood education program, a leader of the entity overseeing the early childhood education program; and (v) in the case of a family child care provider or the director of an early childhood education program that operates as a standalone center-based program (for example, a case in which the center is not part of a larger company) that is an early childhood education program, by self-certification with supporting documents, such as a business license, a listing with a public Child Care Resources and Referral website, or proof of participation in a Federal child care or preschool subsidy program. (4) Parent plus loans (A) Parent PLUS Loan on behalf of a student who is a qualifying educator A borrower of a parent loan under section 428B issued on behalf of a student who is a qualifying educator shall qualify for loan forgiveness and any other benefits under this section for the qualifying service of the student in the same manner and to the same extent as the student borrower qualifies for such loan forgiveness and other benefits. (B) Parent PLUS Loan borrowed by a parent who is a qualifying educator The borrower of a parent loan under section 428B issued on behalf of a student who is not a qualifying educator shall also qualify for loan forgiveness and any other benefits under this section for qualifying service if that parent borrower is engaged in qualifying service and meets the requirements of this section. (5) Recipients of Prior Forgiveness A qualifying educator who received loan forgiveness under this section as in effect before the date of enactment of the Loan Forgiveness for Educators Act of 2022— (A) shall be eligible for loan forgiveness of covered loans in accordance with paragraph (1), including any remaining covered loans; and (B) may count the service completed that qualified the qualifying educator for previous loan forgiveness as qualifying service for purposes of paragraph (1). (6) Prohibition on requiring repayment A qualifying educator shall not be required to repay any amounts paid under this subsection if that qualifying educator who engages in qualifying service ends the qualifying service before the end of a school or program year, or before the end of the 5-year period described in paragraph (1). (d) Regulations The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (e) Construction Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. (f) List (1) In general The Secretary, shall— (A) as soon as practicable, produce and make publicly available a list of high need schools for purposes of this section; and (B) annually update such list. (2) List from previous year If the list of high need schools in which a qualifying educator may perform qualifying service is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make a determination about whether an individual meets the requirements for qualifying service. (g) Additional eligibility provisions (1) Continued eligibility Any qualifying educator who performs qualifying service in a school that— (A) is a high need school in any school year during such service; and (B) in a subsequent school year fails to meet the definition of a high need school, may continue to serve in such school and shall be eligible for loan forgiveness pursuant to subsection (b). (2) Prevention of double benefits No qualifying educator may, for the same service, receive a benefit under both this section and— (A) section 428K; or (B) subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ). (3) No penalty for promotions Any qualifying educator who performs qualifying service in an early childhood education program or high need school and who is promoted to another position within that early childhood program or high need school after 1 or more years of qualifying service may continue to be employed in such position in such program or school and shall be eligible to count the period of employment in such position as qualifying service for loan forgiveness pursuant to subsection (b). (h) Definitions In this section: (1) Bureau of Indian Education funded elementary or secondary school The term Bureau of Indian Education funded elementary or secondary school means— (A) an elementary or secondary school or dormitory operated by the Bureau of Indian Education; (B) an elementary or secondary school or dormitory operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq. ); and (C) an elementary or secondary school or dormitory operated pursuant to a contract under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ). (2) Bureau of Indian Education early childhood development program The term Bureau of Indian Education early childhood development program means— (A) a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 ); or (B) an early childhood education program operated or funded by the Bureau of Indian Education (including Family and Child Education programs at schools funded by the Bureau of Indian Education authorized under section 1121 of the Education Amendments of 1978 ( 25 U.S.C. 2001 )). (3) Covered loan The term covered loan means a loan made, insured, or guaranteed under this part. (4) Early childhood education program The term early childhood education program means— (A) a high-need early childhood education program as defined in section 200; (B) a Head Start program (including an Early Head Start program) carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ); (C) an early childhood education program, as defined in section 103; (D) a Bureau of Indian Education early childhood development program; (E) a Native Hawaiian education system early childhood education program; (F) a Tribal early childhood education program; or (G) a consortium of entities described in any of subparagraphs (A) through (F). (5) High need school The term high need school means— (A) a public elementary or secondary school— (i) with respect to which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of the total number of children enrolled in such school; and (ii) that is served by a local educational agency that is eligible for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965; (B) a public elementary or secondary school or location operated by an educational service agency in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total number of children enrolled in such school or location; (C) a public elementary or secondary school identified by the State for comprehensive support and improvement, targeted support and improvement, or additional targeted support and improvement, under section 1111 of the Elementary and Secondary Education Act of 1965; (D) a Bureau of Indian Education funded elementary or secondary school; (E) an elementary or secondary school operated by a Tribal educational agency; or (F) a Native Hawaiian education system. (6) Indian tribe The term Indian Tribe means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this subtitle pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (7) Native hawaiian education system The term Native Hawaiian education system means an entity eligible to receive direct grants or enter into contracts with the Secretary under section 6205 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7515 ) to carry out the authorized activities under that section. (8) Qualifying educator Subject to subsection (i), the term qualifying educator means— (A) an elementary or secondary school teacher who— (i) has obtained full State or Tribal certification and licensure requirements for such employment; and (ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; (B) an early childhood educator who provides care or instruction to children; (C) a school leader of an elementary or secondary school who— (i) has obtained full State or Tribal certification and licensure requirements for such employment; and (ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; or (D) an early childhood education program director (including a family child care provider). (9) Qualifying service (A) In General Subject to subparagraph (B), the term qualifying service means— (i) in the case of a qualifying educator described in subparagraph (A) or (C) of paragraph (8), employment as a full-time qualifying educator in a high need school; and (ii) in the case of a qualifying educator described in subparagraph (B) or (D) of paragraph (8), employment as a full-time qualifying educator in an early childhood education program (including school-based programs). (B) Exception In the case of a qualifying educator who is unable to complete a full school or program year of service, that year may still be counted toward the required qualifying service period under paragraphs (1) and (2) of subsection (c) if— (i) the qualifying educator completed at least one-half of the school or program year; (ii) the employer considers the qualifying educator to have fulfilled the contract requirements for the school or program year for the purposes of salary increases, tenure, and retirement; and (iii) the qualifying educator was unable to complete the school or program year because— (I) the qualifying educator returned to postsecondary education, on at least a half-time basis, in an area of study directly related to the performance of the qualifying service; (II) the qualifying educator experienced a condition described in section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 ); (III) the qualifying educator was called or ordered to Federal or State active duty status, or Active Service as a member of a Reserve Component of the Armed Forces named in section 10101 of title 10, United States Code, or service as a member of the National Guard on full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code; or (IV) the qualifying educator resides in or is employed in a disaster area, as declared by any Federal, State, or local official in connection with a national emergency. (10) School Leader The term school leader has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965. (11) Tribal early childhood education program The term Tribal early childhood education program means any of the following programs: (A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ). (B) A Tribal child care and development program carried out under the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq. ). (C) A program serving children from birth through age 6 that— (i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ); (ii) is a Tribal prekindergarten program; (iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or (iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian Tribe. (12) Tribal educational agency The term Tribal educational agency has the meaning given the term (without respect to capitalization) in section 6132(b) of the Elementary and Secondary Education Act of 1965. (13) Year The term year , when applied to service as a qualifying educator, means a school or program year as defined by the Secretary or the Secretary of Health and Human Services, as applicable. (i) Special rule An educator that provides instruction or curricular development in an Alaska Native, American Indian, or Native Hawaiian language or a Native American language as defined in the Native American Languages Act ( 25 U.S.C. 2902 ) shall be considered to be a qualifying educator regardless of whether the educator has achieved full State or Tribal certification and licensure requirements for such employment. . (b) Enhanced teacher loan cancellation under the Direct Loan program Section 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1087j ) is amended to read as follows: 460. Loan cancellation for educators (a) Purpose It is the purpose of this section to enhance student access to a well-prepared, diverse, and stable educator workforce by eliminating debt burdens for educators in return for service teaching and leading in high need schools or early childhood education programs. (b) Program authorized Not later than 270 days after the date of enactment of the Loan Forgiveness for Educators Act of 2022 , the Secretary shall carry out a program of canceling, as required under subsection (c), the obligation to repay a covered loan for qualifying educators engaged in qualifying service. A qualifying educator may apply for the program under this section after the Secretary has begun carrying out the program. (c) Cancellation of covered loans (1) Cancellation of loans upon completion of qualifying service (A) In General For each qualifying educator who has completed 5 years of qualifying service (including any qualifying service, as defined under this section as in effect after the date of implementation of the Loan Forgiveness for Educators Act of 2022 , that may have been completed or performed before or after such date of implementation, or a combination of qualifying service), the Secretary shall cancel an amount equal to 100 percent of the aggregate of the loan obligations (including interest and fees) on all covered loans that are outstanding as of the date of completion of such fifth year of qualifying service. (B) Timing The years of qualifying service required under subparagraph (A) may be consecutive or nonconsecutive, and the qualifying educator may elect which years of qualifying service to use for purposes of this section. (2) Monthly loan cancellation Upon application by any qualifying educator of a covered loan who is engaged in qualifying service, and in addition to any loan cancellation under paragraph (1), the Secretary shall enter into an agreement with such qualifying educator, under which— (A) during the period of qualifying service (for qualifying service that occurs after the date of implementation of this Act), the Secretary agrees to cancel the minimum monthly obligation on all covered loans of the qualifying educator based on the repayment plan selected by the qualifying educator (which, if the educator chooses, shall include any income driven repayment plan), for— (i) each month of qualifying service; and (ii) any summer or other school or program year calendar breaks scheduled by a qualifying school or early childhood education program during a school or program year in which the qualifying educator is engaged in qualifying service; (B) during the period of qualifying service, interest shall not accrue on the qualifying educator’s covered loans; and (C) during the period of qualifying service, each monthly obligation that is cancelled by the Secretary under this paragraph on a covered loan shall be deemed to be a qualifying monthly payment made by the qualifying educator for purposes of the loan forgiveness program under section 455(m), if applicable. (3) Application The Secretary shall develop and make publicly available an application for qualifying educators who wish to receive loan cancellation under this subsection. The application shall— (A) be available for qualifying educators to file for loan cancellation under paragraph (1) and for monthly loan cancellation under paragraph (2); (B) include any certification requirements that the Secretary determines are necessary to verify qualifying service; and (C) allow for the verification of the qualifying service— (i) in the case of an early childhood educator or an elementary or secondary school teacher serving in a high need school, by a school leader or the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator's designee); (ii) in the case of an early childhood educator serving in a early childhood education program, by the director of that program (or the director’s designee); (iii) in the case of a school leader serving in a high need school, by the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator's designee); (iv) in the case of a director of an early childhood education program, a leader of the entity overseeing the early childhood education program; and (v) in the case of a family child care provider or the director of an early childhood education program that operates as a standalone center-based program (for example, a case in which the center is not part of a larger company) that is an early childhood education program, by self-certification with supporting documents, such as a business license, a listing with a public Child Care Resources and Referral website, or proof of participation in a Federal child care or preschool subsidy program. (4) Parent plus loans (A) Parent PLUS Loan on behalf of a student who is a qualifying educator A borrower of a parent Federal Direct PLUS Loan issued on behalf of a student who is a qualifying educator shall qualify for loan forgiveness and any other benefits under this section for the qualifying service of the student in the same manner and to the same extent as the student borrower qualifies for such loan forgiveness and other benefits. (B) Parent PLUS Loan borrowed by a parent who is a qualifying educator The borrower of a parent Federal Direct PLUS Loan issued on behalf of a student who is not a qualifying educator shall also qualify for loan forgiveness and any other benefits under this section for qualifying service if that parent borrower is engaged in qualifying service and meets the requirements of this section. (5) Recipients of prior loan cancellation A qualifying educator who received loan cancellation under this section as in effect before the date of enactment of the Loan Forgiveness for Educators Act of 2022 — (A) shall be eligible for loan cancellation of covered loans in accordance with subsection (c)(1), including any remaining covered loans; and (B) may count the service completed that qualified the qualifying educator for previous loan cancellation as qualifying service for purposes of subsection (c)(1). (6) Prohibition on requiring repayment A qualifying educator shall not be required to repay any amounts paid under this subsection if that qualifying educator who engages in qualifying service ends the qualifying service before the end of a school or program year, or before the end of the 5-year period described in paragraph (1). (d) Regulations The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (e) Construction Nothing in this section shall be construed to authorize any refunding of any canceled loan. (f) List (1) In General The Secretary shall— (A) as soon as practicable, produce and make publicly available a list of high need schools for purposes of this section; and (B) annually update such list. (2) List from previous year If the list of high need schools in which a qualifying educator may perform qualifying service is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make a determination about whether an individual meets the requirements for qualifying service. (g) Additional eligibility provisions (1) Continued eligibility Any qualifying educator who performs qualifying service in a school that— (A) is a high need school in any school year during such service; and (B) in a subsequent school year fails to meet the definition of a high need school, may continue to serve in such school and shall be eligible for loan cancellation pursuant to subsection (b). (2) Prevention of double benefits No qualifying educator may, for the same service, receive a benefit under both this section and— (A) section 428K; or (B) subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ). (3) No penalty for promotions Any qualifying educator who performs qualifying service in an early childhood education program or high need school and who is promoted to another position within that early childhood program or high need school after 1 or more years of qualifying service may continue to be employed in such position in such program or school and shall be eligible to count the period of employment in such position as qualifying service for loan cancellation pursuant to subsection (b). (h) Definitions In this section: (1) Bureau of Indian Education funded elementary or secondary school The term Bureau of Indian Education funded elementary or secondary school means— (A) an elementary or secondary school or dormitory operated by the Bureau of Indian Education; (B) an elementary or secondary school or dormitory operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq. ); and (C) an elementary or secondary school or dormitory operated pursuant to a contract under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ). (2) Bureau of Indian Education early childhood development program The term Bureau of Indian Education early childhood development program means— (A) a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 ); or (B) an early childhood education program operated or funded by the Bureau of Indian Education (including Family and Child Education programs at schools funded by the Bureau of Indian Education authorized under section 1121 of the Education Amendments of 1978 ( 25 U.S.C. 2001 )). (3) Covered loan The term covered loan means a loan made, insured, or guaranteed under this part. (4) Early childhood education program The term early childhood education program means— (A) a high-need early childhood education program as defined in section 200; (B) a Head Start program (including an Early Head Start program) carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ); (C) an early childhood education program, as defined in section 103; (D) a Bureau of Indian Education early childhood development program; (E) a Native Hawaiian education system early childhood education program; (F) a Tribal early childhood education program; or (G) a consortium of entities described in any of subparagraphs (A) through (F). (5) High need school The term high need school means— (A) a public elementary or secondary school— (i) with respect to which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of the total number of children enrolled in such school; and (ii) that is served by a local educational agency that is eligible for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965; (B) a public elementary or secondary school or location operated by an educational service agency in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total number of children enrolled in such school or location; (C) a public elementary or secondary school identified by the State for comprehensive support and improvement, targeted support and improvement, or additional targeted support and improvement, under section 1111 of the Elementary and Secondary Education Act of 1965; (D) a Bureau of Indian Education funded elementary or secondary school; (E) an elementary or secondary school operated by a Tribal educational agency; or (F) a Native Hawaiian education system. (6) Indian tribe The term Indian Tribe means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this subtitle pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (7) Native hawaiian education system The term Native Hawaiian education system means an entity eligible to receive direct grants or enter into contracts with the Secretary under section 6205 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7515 ) to carry out the authorized activities under that section. (8) Qualifying educator Subject to subsection (i), the term qualifying educator means— (A) an elementary or secondary school teacher who— (i) has obtained full State or Tribal certification and licensure requirements for such employment; and (ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; (B) an early childhood educator who provides care or instruction to children; (C) a school leader of an elementary or secondary school who— (i) has obtained full State or Tribal certification and licensure requirements for such employment; and (ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; or (D) an early childhood education program director (including a family child care provider). (9) Qualifying service (A) In General Subject to subparagraph (B), the term qualifying service means— (i) in the case of a qualifying educator described in subparagraph (A) or (C) of paragraph (8), employment as a full-time qualifying educator in a high need school; and (ii) in the case of a qualifying educator described in subparagraph (B) or (D) of paragraph (8), employment as a full-time qualifying educator in an early childhood education program (including school-based programs). (B) Exception In the case of a qualifying educator who is unable to complete a full school or program year of service, that year may still be counted toward the required qualifying service period under paragraphs (1) and (2) of subsection (c) if— (i) the qualifying educator completed at least one-half of the school or program year; (ii) the employer considers the qualifying educator to have fulfilled the contract requirements for the school or program year for the purposes of salary increases, tenure, and retirement; and (iii) the qualifying educator was unable to complete the school or program year because— (I) the qualifying educator returned to postsecondary education, on at least a half-time basis, in an area of study directly related to the performance of the qualifying service; (II) the qualifying educator experienced a condition described in section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 ); (III) the qualifying educator was called or ordered to Federal or State active duty status, or Active Service as a member of a Reserve Component of the Armed Forces named in section 10101 of title 10, United States Code, or service as a member of the National Guard on full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code; or (IV) the qualifying educator resides in or is employed in a disaster area, as declared by any Federal, State, or local official in connection with a national emergency. (10) School Leader The term school leader has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965. (11) Tribal early childhood education program The term Tribal early childhood education program means any of the following programs: (A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ). (B) A Tribal child care and development program carried out under the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq. ). (C) A program serving children from birth through age 6 that— (i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ); (ii) is a Tribal prekindergarten program; (iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or (iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian Tribe. (12) Tribal educational agency The term Tribal educational agency has the meaning given the term (without respect to capitalization) in section 6132(b) of the Elementary and Secondary Education Act of 1965. (13) Year The term year , when applied to service as a qualifying educator, means a school or program year as defined by the Secretary or the Secretary of Health and Human Services, as applicable. (i) Special rule An educator that provides instruction or curricular development in an Alaska Native, American Indian, or Native Hawaiian language or a Native American language as defined in the Native American Languages Act ( 25 U.S.C. 2902 ) shall be considered to be a qualifying educator regardless of whether the educator has achieved full State or Tribal certification and licensure requirements for such employment. . (c) Effective date; Program name (1) Effective date The amendments made by subsections (a) and (b) shall take effect on the day that is 180 days after the date of enactment of this Act. (2) Program name The programs under section 428J and 460 of the Higher Education Act of 1965, as amended by subsections (a) and (b), shall be known as Educator Loan Forgiveness Programs. (d) Technical amendment Section 455(m)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m)(4) ) is amended by striking section 428J, 428K, 428L, or 460 and inserting section 428K or 428L . 3. Notice to borrowers Not later than 180 days after the Secretary of Education implements the programs under this Act, the Secretary, in coordination with the Secretary of Health and Human Services, shall take such steps as may be necessary to inform high need schools and early childhood education programs (as defined in section 460 of the Higher Education Act of 1965, as amended by this Act), Head Start programs (including Early Head Start programs) carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ), early childhood educators and program directors (including family child care providers and program directors), public school teachers, public school leaders, Bureau of Indian Education school teachers, Bureau of Indian Education school leaders, Native Hawaiian education system school teachers, Native Hawaiian education system school leaders, local educational agency leaders (such as superintendents), local educational agencies, educational service agencies, educational service agency leaders, chief State school officers, State educational agencies, students attending institutions of higher education, and other student loan borrowers, of the amendments made by this Act to the loan forgiveness and loan cancellation programs under sections 428J and 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10 ; 1087j), including an explanation of how loans accrued before the date of enactment of this Act may qualify for loan forgiveness or loan cancellation under such sections, as amended by this Act, and an explanation of how service performed before the date of enactment of this Act may count toward qualifying service requirements for purposes of such sections, as amended by this Act. 4. Waiver of negotiated rulemaking In carrying out this Act and any amendments made by this Act, or any regulations promulgated under this Act or under such amendments, the Secretary of Education may waive the application of negotiated rulemaking under section 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1098a ). | https://www.govinfo.gov/content/pkg/BILLS-117s4867is/xml/BILLS-117s4867is.xml |
117-s-4868 | II 117th CONGRESS 2d Session S. 4868 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide support and assistance to unborn children, pregnant women, parents, and families.
1. Short title; table of contents (a) Short title This Act may be cited as the Providing for Life Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Permanent extension and modification of special rules for child tax credit. Sec. 3. Treatment of unborn children. Sec. 4. Denial of deduction for State and local taxes of individuals. Sec. 5. Refundable adoption tax credit. Sec. 6. Parental leave benefits. Sec. 7. Cooperation with child support agencies as eligibility factor under supplemental nutrition assistance program. Sec. 8. Workforce development programs for non-custodial parents. Sec. 9. Requiring biological fathers to pay child support for medical expenses incurred during pregnancy and delivery. Sec. 10. Pregnant students' rights, accommodations, and resources. Sec. 11. Grants for community-based maternal mentoring programs. Sec. 12. Equal treatment for religious organizations in social services. Sec. 13. Awareness for expecting mothers. Sec. 14. WIC reform. Sec. 15. Pregnancy resource centers. 2. Permanent extension and modification of special rules for child tax credit (a) In general Section 24 of the Internal Revenue Code of 1986 is amended by striking subsections (a), (b), and (c) and inserting the following new subsections: (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— (1) $3,500 for each qualifying child of the taxpayer ($4,500 in the case of a qualifying child who has not attained age 6 as of the close of the calendar year in which the taxable year of the taxpayer begins), and (2) in the case of any taxable year beginning before January 1, 2026, $500 for each qualifying dependent (other than a qualifying child) of the taxpayer. (b) Limitation based on adjusted gross income The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds $400,000 in the case of a joint return ($200,000 in any other case). For purposes of the preceding sentence, the term “modified adjusted gross income” means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. (c) Qualifying child; qualifying dependent For purposes of this section— (1) Qualifying child The term qualifying child means any qualifying dependent of the taxpayer— (A) who is a qualifying child (as defined in section 152(c)) of the taxpayer, (B) who has not attained age 18 at the close of the calendar year in which the taxable year of the taxpayer begins, and (C) whose name and social security number are included on the taxpayer’s return of tax for the taxable year. (2) Qualifying dependent The term qualifying dependent means any dependent of the taxpayer (as defined in section 152 without regard to all that follows resident of the United States in section 152(b)(3)(A)) whose name and TIN are included on the taxpayer’s return of tax for the taxable year. (3) Social security number defined For purposes of this subsection, the term social security number means, with respect to a return of tax, a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (B) on or before the due date of filing such return. . (b) Portion of credit refundable Section 24(d)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking subparagraph (A) and inserting the following: (A) the credit which would be allowed under this section determined— (i) without regard to subsection (a)(2), and (ii) without regard to this subsection (other than this subparagraph) and the limitation under section 26(a), or , and (2) in subparagraph (B), by striking 15 percent of so much of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year as exceeds $3,000 and inserting 15.3 percent of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income . (c) Conforming amendments (1) Section 24(e) of the Internal Revenue Code of 1986 is amended to read as follows: (e) Taxpayer identification requirement No credit shall be allowed under this section if the identifying number of the taxpayer was issued after the due date for filing the return of tax for the taxable year. . (2) Section 24 of such Code is amended by striking subsection (h). (d) Repeal of certain later enacted provisions (1) Section 24 of the Internal Revenue Code of 1986 is amended by striking subsections (i), (j), and (k). (2) Chapter 77 of such Code is amended by striking section 7527A (and by striking the item relating to section 7527A in the table of sections for such chapter). (3) Section 26(b)(2) of such Code is amended by inserting and at the end of subparagraph (X), by striking , and at the end of subparagraph (Y) and inserting a period, and by striking subparagraph (Z). (4) Section 3402(f)(1)(C) of such Code is amended by striking section 24 (determined after application of subsection (j) thereof) and inserting section 24(a) . (5) Section 6211(b)(4)(A) of such Code is amended— (A) by striking 24 by reason of subsections (d) and (i)(1) thereof and inserting 24(d) , and (B) by striking 6428B, and 7527A and inserting and 6428B . (6) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking 6431, or 7527A and inserting or 6431 . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 3. Treatment of unborn children (a) In general Section 24 of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following new subsection: (i) Credit allowed with respect to unborn children For purposes of this section— (1) In general The term qualifying child includes an unborn child of an eligible taxpayer, and the requirements of subsection (c)(1)(C) shall be treated as met with respect to such child, for the taxable year immediately preceding the year in which such child is born alive, if the taxpayer includes on the return of tax for such taxable year a social security number for such child which is issued before the due date for such return of tax (without regard to extensions). (2) Retroactive or double credit allowed in certain cases to ensure equal access to the credit for unborn children (A) In general In the case of a qualifying child of an eligible taxpayer who is born alive and with respect to whom the credit under this section is not claimed under paragraph (1) for the taxable year described in such paragraph, for the taxable year in which the child is born alive, with respect to such child— (i) the amount of the credit allowed (before the application of this subsection) under subsection (a), and (ii) the amount of the credit allowed (before the application of this subsection) under subsection (d)(1), shall each be increased by the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the taxpayer for such preceding year. (B) Special rule for splitting of credit In the case of a child otherwise described in subparagraph (A) who, but for this subparagraph, would not be treated as a qualifying child of the eligible taxpayer for the taxable year in which such child is born alive— (i) subparagraph (A) shall not apply with respect to such child, (ii) such child shall be treated as a qualifying child for purposes of this section for such taxable year of— (I) the eligible taxpayer, and (II) any other taxpayer with respect to whom such child would, without regard to this subparagraph, be treated as a qualifying child, and (iii) in the case of the eligible taxpayer, the amount of the credit allowed under subsection (a) and the amount of the credit allowed under subsection (d)(1) for such taxable year shall each be equal to the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the eligible taxpayer for such preceding year. (3) Definitions For purposes of this subsection— (A) Born alive The term born alive has the meaning given such term by section 8(b) of title 1, United States Code. (B) Eligible taxpayer The term eligible taxpayer means a taxpayer who— (i) with respect to a child, is the mother who— (I) carries or carried such child in the womb, and (II) is the biological mother of such child or initiated the pregnancy with the intention of bearing and retaining custody of and parental rights to such child (or acted to such effect), or (ii) in the case of a joint return, is the husband of such mother, but only if such taxpayer includes on the return of tax for the taxable year the social security number of such taxpayer (of at least 1 of such mother or husband, in the case of a joint return). (C) Social security number The term social security number has the meaning given such term by subsection (c)(3). (D) Unborn child The term unborn child means an individual of the species homo sapiens, from the beginning of the biological development of that individual, including fertilization, until the point of the earlier of being born alive or death. . (b) Effective date The amendment made by this section shall apply to children born alive in taxable years beginning after December 31, 2021. 4. Denial of deduction for State and local taxes of individuals (a) In general Section 164(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows: (6) Limitation on deduction of certain taxes for individuals (A) In general In the case of an individual, no deduction shall be allowed for taxes— (i) described in paragraphs (1), (2), or (3) of subsection (a), or (ii) described in paragraph (5) of this subsection. (B) Exceptions Subparagraph (A) shall not apply to— (i) any foreign taxes described in subsection (a)(3), or (ii) any taxes described in paragraph (1) and (2) of subsection (a) which are paid or accrued in carrying on a trade or business or an activity described in section 212. (C) Special rule For purposes of subparagraph (A), an amount paid in a taxable year beginning before January 1, 2022, with respect to a State or local income tax imposed for a taxable year beginning after December 31, 2021, shall be treated as paid on the last day of the taxable year for which such tax is so imposed. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 5. Refundable adoption tax credit (a) Credit made refundable (1) Credit moved to subpart relating to refundable credits The Internal Revenue Code of 1986 is amended— (A) by redesignating section 23 as section 36C, and (B) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Conforming Amendments (A) Section 25(e)(1)(C) of such Code is amended by striking sections 23 and 25D and inserting section 25D . (B) Section 36C of such Code, as so redesignated, is amended— (i) in subsection (b)(2)(A), by striking (determined without regard to subsection (c)) , (ii) by striking subsection (c), and (iii) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively. (C) Section 137 of such Code is amended— (i) in subsection (d), by striking section 23(d) and inserting section 36C(c) , and (ii) in subsection (e), by striking subsections (e), (f), and (g) of section 23 and inserting subsections (d), (e), and (f) of section 36C . (D) Section 1016(a)(26) of such Code is amended by striking 23(g) and inserting 36C(f) . (E) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (F) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 23. (G) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (H) Paragraph (33) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended by striking section 23 and inserting section 36C . (I) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Adoption expenses. . (b) Third-Party affidavits Section 36C(h) of the Internal Revenue Code of 1986, as redesignated and moved by subsection (a), is amended— (1) by striking such regulations and inserting such regulations and guidance , (2) by striking including regulations which treat and inserting including regulations and guidance which— (1) treat , (3) by striking the period at the end and inserting , and , and (4) by adding at the end the following: (2) provide for a standardized third-party affidavit for purposes of verifying a legal adoption— (A) of a type with respect to which qualified adoption expenses may be paid or incurred, or (B) involving a child with special needs for purposes of subsection (a)(3). . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. (d) Transitional rule To treat carryforward as refundable credit In the case of any excess described in section 23(c) of the Internal Revenue Code of 1986 with respect to any taxpayer for the taxable year which precedes the first taxable year to which the amendments made by this section apply, such excess shall be added to the credit allowable under section 36C(a) of such Code with respect to such taxpayer for such first taxable year. 6. Parental leave benefits (a) In general Title II of the Social Security Act is amended by inserting after section 218 the following: 219. Parental leave benefits (a) In general Every individual— (1) who has— (A) not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or (B) not less than 12 quarters of coverage; and (2) who has filed an application for a parental leave benefit with respect to a qualified child of the individual, shall be entitled to a parental leave benefit with respect to such qualified child. (b) Benefit amount Such individual’s parental leave benefit shall be an amount equal to the product of— (1) the number of benefit months (not to exceed 3) selected by the individual in the individual’s application for a parental leave benefit, multiplied by (2) an amount equal to the primary insurance amount for the individual that would be determined under section 215 if— (A) the individual had attained age 62 in the first month of the individual’s benefit period; and (B) the individual had become entitled to an old-age insurance benefit under section 202 beginning with such month. For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter. (c) Payment of benefit (1) Selection of number of benefit months In filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as benefit months ). (2) Election of benefit months Not later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual’s benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. (3) Amount of monthly payment The amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to— (A) the amount of the parental leave benefit determined for the individual under subsection (b); divided by (B) the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit. (4) Definition of benefit period For purposes of this section, the term benefit period means, with respect to an individual entitled to a parental leave benefit with respect to a qualified child, the 1-year period beginning with the month after the month in which the birth or adoption of the qualified child occurs. (d) Benefit application (1) In general The Commissioner shall ensure that the application for a parental leave benefit— (A) includes a notice, clearly written in language that is easily understandable to the reader, explaining that— (i) failure to submit such proof or documentation as the Commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties; (ii) the full cost to the Trust Funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months, or by other means; (iii) entitlement to a parental leave benefit has no effect on the determination of an individual’s entitlement to leave under the Family and Medical Leave Act of 1993; and (B) requires an attestation by the individual submitting the application that— (i) the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application; (ii) the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period; and (iii) the individual consents to the terms and conditions specified in the notice described in subparagraph (A). (2) Option to file simultaneous applications The Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. (3) Online availability The Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media. (e) Fraud prevention (1) In general The Commissioner of Social Security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section, including procedures for the submission of such proof or documentation as the Commissioner may require to verify the information contained in such an application. (2) Enforcement In any case in which an individual willfully, knowingly, and with intent to deceive the Commissioner of Social Security fails to comply with the procedures established under paragraph (1), the Commissioner may impose on such individual, in addition to any other penalties that may be prescribed by law— (A) a civil monetary penalty of not more than $7,500 for each such failure; and (B) an assessment, in lieu of any damages sustained by the United States because of such failure, of not more than twice the amount of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual. (f) Benefit repayment (1) In general An individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. (2) Old-age insurance benefit offset (A) In general Except as provided in paragraph (3), in the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, deductions shall be made from each monthly payment of such benefit (not to exceed the first 60 such monthly payments) in such amounts, subject to subparagraph (B), as the Commissioner of Social Security shall determine necessary to fully recover the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (B) Notification Not later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. (3) Alternative increase of retirement age (A) In general In the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. Such election shall be irrevocable, and an individual who makes such an election shall not be subject to a deduction under paragraph (2) for any month. (B) Retirement age increase Notwithstanding section 216(l)(1), with respect to an individual who makes an election under subparagraph (A), the retirement age of such individual shall be deemed to be— (i) the retirement age determined with respect to the individual under such section; plus (ii) the additional number of months the Commissioner of Social Security shall determine necessary to result in the full recovery of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (C) Increase to earliest entitlement age In the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). (4) Other recovery methods In any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)— (A) such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and (B) the Commissioner may recover such amounts by means of any method available to the Commissioner under such section. (5) Projection of repayment amount As soon as practicable after the date of enactment of this section, the Commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section, beginning with the first month beginning after the individual’s benefit period the projected amount of the deduction to be made from each of the first 60 monthly payments of old-age insurance benefits under paragraph (2), or if the individual so elects, the additional number of months by which the individual’s retirement age would be increased under paragraph (3), in order to fully repay the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual, and a description of the assumptions used by the Commissioner in making such projection. (g) Relationship with State law; employer benefits (1) In general This section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act. (h) Sunset No application for parental leave benefits under this section may be filed in any calendar year if the OASDI trust fund ratio (as defined in section 215(i)) for such calendar year or for the year following such calendar year is projected, based on the intermediate projections in the most recent (as of January 1 of such calendar year) annual report issued under section 201(c)(2), to be less than 20 percent. (i) Definitions For purposes of this section— (1) the term qualified child means, with respect to an individual for a benefit period, a biological child or legally adopted child of the individual (as determined by the Commissioner of Social Security) who— (A) will not attain 18 years of age before the end of such benefit period; and (B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner. . (b) Conforming amendments (1) Nonpayment provisions Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended— (A) in subsection (n)(1)(A), by striking under this section or section 223 and inserting under this section, section 219, or section 223 ; (B) in subsection (t), in paragraphs (1) and (10), by striking under this section or under section 223 each place it appears and inserting under this section, under section 219, or under section 223 ; (C) in subsection (u)(1), by striking under this section or section 223 and inserting under this section, section 219, or section 223 ; and (D) in subsection (x)— (i) in paragraph (1)(A), by striking under this section or under section 223 and inserting under this section, under section 219, or under section 223 ; and (ii) in paragraph (2), by striking under this section or section 223 and inserting under this section, section 219, or section 223 . (2) Delayed retirement credits Section 202(w) of the Social Security Act ( 42 U.S.C. 402(w) ) is amended by inserting after age 70 each place it appears the following: (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased) . (3) Voluntary suspension of benefits Section 202(z)(1)(A)(ii) of the Social Security Act ( 42 U.S.C. 402(z)(1)(A)(ii) ) is amended by striking the age of 70 and inserting age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased) . (4) Number of benefit computation years Section 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) ) is amended— (A) in clause (i), by striking , and and inserting a semicolon; (B) in clause (ii), by striking the period and inserting ; and ; and (C) by inserting after clause (ii) the following: (iii) in the case of an individual who is entitled to a parental leave benefit under section 219, by the number of years equal to one-fifth of such individual's elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years. . (c) Effective date The amendments made by this section shall apply with respect to applications for parental leave benefits filed after 2023. 7. Cooperation with child support agencies as eligibility factor under supplemental nutrition assistance program Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended— (1) in subsection (l)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking At the option of a State agency, subject to and inserting Subject to ; and (B) in paragraph (2), in the second sentence, by inserting custodial parent and the before child ; and (2) in subsection (m)(1), in the matter preceding subparagraph (A), by striking At the option of a State agency, subject to and inserting Subject to . 8. Workforce development programs for non-custodial parents (a) Grants to States for workforce development programs for non-Custodial parents Beginning with fiscal year 2023, the Secretary shall use the funds made available under subsection (f) to make grants to States to conduct workforce development programs that provide evidence-based work activities, which may include workforce education and support, technical certification programs, subsidized employment, and on-the-job training and education, to eligible non-custodial parents. (b) Application requirements The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non-custodial parents. (2) Descriptions of how employers will be recruited to participate in such program and how the State will solicit input from employers in the design and implementation of such program. (3) A description of how the State will promote long-term employment through participation in such program. (4) A description of how the State will prioritize providing evidence-based work activities for low-income, eligible non-custodial parents. (5) Such other information as may the Secretary may require. (c) Other requirements A State receiving funds under this section shall prioritize providing evidence-based work activities through a program funded in whole or in part with such funds for eligible non-custodial parents who are eligible for benefits under the supplemental nutrition assistance program, as defined in section 3(t) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(t) ), and, at the option of the State, may limit participation in such program to such eligible non-custodial parents. (d) Reports Not later than 12 months after the end of the last fiscal year in which a State expends funds from a grant made under this section, the State shall submit to the Secretary a report that includes the following information: (1) The number of eligible non-custodial parents who participated in a workforce development program funded in whole or in part with such funds. (2) The median monthly earnings of an eligible non-custodial parent participant while participating in any such workforce development program and 6 months after exiting from the program. (3) The percentage of eligible non-custodial parent participants who are employed full-time 6 months after exiting from any such workforce development program. (4) Such other reporting requirements as the Secretary determines would be beneficial to evaluating the impact of workforce development programs funded in whole or in part with grant funds provided under this section. (e) Nonsupplantation Funds provided under this section to a State shall be used to supplement and not supplant any other Federal or State funds which are available for the same general purposes in the State. (f) Funding (1) In general Notwithstanding section 403(b) of the Social Security Act ( 42 U.S.C. 603(b) ), from the amount available in the Contingency Fund for State Welfare Programs established under such section that is unobligated as of the date of enactment of this Act, $100,000,000 of such amount is hereby transferred and made available to the Secretary to carry out this section for any fiscal year occurring on or after the date of enactment of this Act. (2) Availability of funds Funds provided to a State under this section in a fiscal year shall remain available for expenditure by the State through the end of the second succeeding fiscal year. (g) Definitions In this section: (1) Eligible non-custodial parent (A) In general Subject to subparagraph (B), the term eligible non-custodial parent means an individual who— (i) is obligated to pay child support under a support order; (ii) has unpaid, past-due child support obligations; and (iii) has been unemployed or underemployed for any period of time during the 6-month period prior to the individual's participation in a program funded in whole or in part with funds provided to a State under this section. (B) Other eligibility requirements An individual shall not be considered to be an eligible non-custodial parent if the individual is not a citizen of the United States or would not be eligible for the program as a result of the application of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611 et seq. ). (2) Secretary The term Secretary means the Secretary of Health and Human Services. (3) State The term State means the 50 States of the United 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. 9. Requiring biological fathers to pay child support for medical expenses incurred during pregnancy and delivery (a) In general Section 454 of the Social Security Act ( 42 U.S.C. 654 ) is amended— (1) in paragraph (33), by striking and after the semicolon; (2) in paragraph (34), by striking the period and inserting ; and ; and (3) by inserting after paragraph (34), the following: (35) provide that the State shall establish and enforce a child support obligation of the biological father of a child to pay for not less than 50 percent of the reasonable out-of-pocket medical expenses (including health insurance premiums or similar charge, deductions, cost sharing or similar charges, and any other related out-of-pocket expenses) the mother of the child is responsible for that are incurred during, and associated with, the pregnancy and delivery of the child, provided that the mother requests the payment of such support. . (b) Effective date (1) In general Subject to paragraph (2), the amendments made by subsection (a) shall take effect on January 1 of the first calendar year that begins after the date of enactment of this Act. (2) Delay if state legislation required In the case of a State plan under part D 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 requirement imposed by the amendments made by this Act, 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 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 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. 10. Pregnant students' rights, accommodations, and resources (a) Findings Congress finds the following: (1) Female students who are enrolled at institutions of higher education and experiencing unplanned pregnancies may face pressure that their only option is to receive an abortion or risk academic failure. (2) 27.6 percent of all abortions in the United States are performed on women of college age, between the ages of 20 and 24, according to a 2019 report by the Centers for Disease Control and Prevention. (3) A significant proportion of abortions in the United States are performed on women of college age who may be unaware of their rights under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) or deprived of an alternative to receiving an abortion. (4) Additionally, women on college campuses may fear institutional reprisal, loss of athletic scholarship, and possible negative impact on academic opportunities. (5) An academic disparity exists because of the lack of resources, support, and notifications available for female college students who do not wish to receive an abortion or who carry their unborn babies to term. (b) Notice of pregnant student rights, accommodations, and resources Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended by adding at the end the following: (n) Pregnant Students’ Rights, Accommodations, and Resources (1) Information dissemination activities; establishment of protocol (A) In general Each public institution of higher education participating in any program under this title shall— (i) in a manner consistent with title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), carry out the information dissemination activities described in subparagraph (B) for admitted but not enrolled and enrolled students (including those attending or planning to attend less than full time) on the rights and resources (including protections and accommodations) for pregnant students (or students who may become pregnant) while enrolled at such institution of higher education that— (I) exclude abortion services; (II) may help such a student carry their unborn babies to term; and (III) include information on how to file a complaint with the Department if such a student believes there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) by the institution on account of such student’s pregnancy; and (ii) establish a protocol to meet with a student described in clause (i)(III), which shall include a meeting with relevant leadership at the institution of higher education, and other relevant parties. (B) Description of information dissemination requirements The information dissemination activities described in this subparagraph shall include— (i) annual campus-wide emails; or (ii) the provision of information in student handbooks, at each orientation for enrolled students, or on the publicly available website of the institution of higher education. (2) Annual report to Congress (A) In general Each public institution of higher education participating in any program under this title shall— (i) on an annual basis, compile and submit to the Secretary— (I) responses to the questions described in subparagraph (B) from students enrolled at such institution of higher education who voluntarily provided such responses; and (II) a description of any actions taken by the institution of higher education to address each complaint by a student that there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) by the institution on account of such student’s pregnancy, including any actions taken in accordance with the protocol established under paragraph (1)(A)(ii); and (ii) ensure that any such responses remain confidential and do not reveal any personally identifiable information with respect to a student. (B) Questions for enrolled students The questions described in this subparagraph shall include— (i) if such student experienced an unexpected pregnancy while enrolled at the institution of higher education; (ii) if such student felt there were adequate resources on campus relating to protections, accommodations, and other resources for pregnant students besides abortion-related services; (iii) if such a student believes there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) by the institution on account of such student’s pregnancy; and (iv) if such student considered dropping out or withdrawing from classes because of pregnancy, new motherhood, stillbirth, or miscarriage. (C) Report The Secretary shall, on an annual basis— (i) prepare a report that compiles the responses received under subparagraph (A) from each public institution of higher education participating in any program under this title; and (ii) submit such report to the authorizing committees, and the Committees on Appropriations of the House of Representatives and the Senate. . 11. Grants for community-based maternal mentoring programs Title V of the Social Security Act ( 42 U.S.C. 701 et seq. ) is amended by adding at the end the following: 514. Grants for community-based maternal mentoring programs (a) In general In addition to any other payments made under this title to a State, the Secretary shall make grants to eligible entities to conduct demonstration projects for, and enable such entities to deliver services under, community-based mentoring programs that satisfy the requirements of subsection (c) to eligible mothers in order to promote improvements in maternal and child well-being, financial stewardship, child development, parenting, and access to social services and other community resources. (b) Application The Secretary may not award funds made available under this subsection on a noncompetitive basis, and may not provide any such funds to an entity for the purpose of carrying out a community-based mentoring program unless the entity has submitted an application to the Secretary that includes— (1) a description of how the programs or activities proposed in the application will improve maternal mental and physical health outcomes in a service area identified by the entity, substantially increase the number of eligible mothers in a service area with access to a community-based mentoring relationship, utilize community volunteer mentors, and supplement, including by avoiding duplication with, existing social services and community resources; (2) a description of how the program will partner with other community institutions, including private institutions, in identifying eligible mothers in need of a mentor and, as applicable, creating support communities among eligible mothers; (3) a description of the populations to be served by the entity, including specific information on how the entity will serve eligible mothers who belong to high-risk populations as identified in subsection (d); (4) a description of the maternal and child health indicators, financial well-being, and other needs of populations to be served by the entity as described in paragraph (3), including, to the extent practicable, the prevalence of mentoring opportunities for such populations; (5) the quantifiable benchmarks that will be used to measure program success; (6) a commitment by the entity to consult with experts with a demonstrated history of mentoring and case management success in achieving the outcomes described in subsection (c)(2)(A) in developing the programs and activities; (7) a commitment by the entity to ensure mentors do not refer or counsel in favor of abortions; and (8) such other application information as the Secretary may deem necessary, with the goal of minimizing the application burden on small nongovernmental organizations that would otherwise qualify for the grant. (c) Requirements (1) Core components A community maternal mentoring program conducted with a grant made under this section shall include the following core components: (A) Provision of community-based mentoring relationships for eligible mothers, which may include dedicated individual mentors and networks of peer and community support groups. (B) An individualized needs assessment for each eligible mother participating in the program, to be administered at the outset of the program. (C) Recruitment and utilization of community-based, volunteer mentors. (D) Provision of training to participating mentors to equip them with mentoring best practices and knowledge of public and private resources available to eligible mothers (including public social services). (2) Measurable improvements in benchmark areas (A) In general The eligible entity shall establish, subject to the approval of the Secretary, quantifiable, measurable 3- and 5-year benchmarks demonstrating the program results in improvements for eligible mothers participating in the program in the following areas: (i) The number of eligible mothers in the eligible entity’s service area with access to a community-based mentoring relationship. (ii) Improved maternal and child health, including mental and behavioral health. (iii) Improved financial literacy. (iv) Improved family economic self-sufficiency. (v) Improved coordination and referrals for other community resources and supports, including public and private resources. (B) Demonstration of improvement (i) Report to the Secretary Not later than 30 days after the end of the third year in which the eligible entity conducts the program, the entity shall submit to the Secretary a report describing the program's results in the areas specified in subparagraph (A). (ii) Improvement plan If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary. (iii) No improvement or failure to submit report If, 1 year after an eligible entity submits an improvement plan under clause (ii), the Secretary determines that the entity has failed to demonstrate any improvement in the areas specified in subparagraph (A), or if the Secretary determines that an eligible entity has failed to submit the report required under clause (i), and has not agreed to a reasonable timeline to submit such report under such conditions as may be determined by the Secretary, the Secretary shall terminate the entity’s grant and may reallocate any unpaid grant funds toward future grants provided under this section. (3) Improvements in participant outcomes (A) In general The program is designed, with respect to an eligible mother participating in the program, to result in the participant outcomes described in subparagraph (B) that are relevant to the mother (as determined pursuant to an individualized needs assessment administered to the mother). (B) Participant outcomes The participant outcomes described in this subparagraph are the following: (i) Improvements in prenatal and maternal health, including mental and behavioral health and improved pregnancy outcomes. (ii) Improvements in child health and development, including the prevention of child injuries and maltreatment. (iii) Higher levels of engagement between mothers, children, and their health providers. (iv) Reductions in mothers' stress and anxiety. (v) Improvements in parenting skills. (vi) Improvement in financial literacy skills. (vii) Improvements in child's school readiness and academic achievement. (viii) Improvements in family economic self-sufficiency. (ix) Improvements in the coordination of referrals for, and the provision of, other community resources, including private and public resources, and supports for eligible families. (d) Prioritization An eligible entity receiving a grant under this section shall identify and prioritize high-risk populations in provision of services, including— (1) low-income eligible mothers; (2) eligible mothers who are pregnant women who have not attained the age of 21; (3) eligible mothers from populations with a high risk of maternal morbidity; (4) eligible mothers with a history of substance abuse or victims of domestic abuse; (5) eligible mothers with children with developmental disabilities; and (6) eligible mothers residing in a qualified opportunity zone, as designated under section 1400Z–1 of the Internal Revenue Code of 1986. (e) Maintenance of effort Funds provided to an eligible entity under a grant awarded under subsection (a) shall supplement, and not supplant, funds from other sources for maternal mentorship or case management services. (f) Evaluation (1) Ongoing research and evaluation The Secretary shall engage in ongoing research and evaluation activities in order to increase knowledge about the implementation and effectiveness of community maternal mentoring programs. The Secretary may carry out such activities directly, or through grants, cooperative agreements, or contracts, and shall submit a report to Congress not less than annually on the research and evaluation steps being taken to measure the impact and effectiveness of programs funded under this section, as well as any interim outcomes that may be available. (2) Report requirement Not later than 3 years after the date of enactment of this section, the Secretary shall submit a report to Congress on the effectiveness of programs funded with grants under subsection (a) in producing the outcomes described in subsection (c)(3)(B), and shall include in such report recommendations for improving program design and implementation. (g) Technical assistance The Secretary shall provide an eligible entity required to develop and implement an improvement plan under subsection (c)(2)(B) with technical assistance to develop and implement the plan. The Secretary may provide the technical assistance directly or through grants, contracts, or cooperative agreements. (h) No funds to prohibited entities No prohibited entity shall be eligible to receive a grant under subsection (a), or any other funds made available by this section. (i) Protections for participating religious organizations A religious organization shall be eligible to apply for and receive funding for a program under this section on the same basis as a non-religious organization, and a religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 (including exemption from prohibitions in employment discrimination in section 702(a) of that Act ( 42 U.S.C. 2000e–1(a) )), title VIII of the Civil rights Act of 1968, title IX of the Educational Amendments of 1987, the Americans with Disabilities Act, the Religious Freedom Restoration Act, the Religious Land Use and Institutionalized Persons Act, or any other provision in law providing an exemption for a religious organization, shall not be waived by its participation in, or receipt of funds from, a grant provided by this section. (j) Authorization of appropriations (1) In general For purposes of carrying out this section, there are authorized to be appropriated $100,000,000 for each of fiscal years 2023 through 2025. (2) Reservations Of the amounts appropriated under this subsection for a fiscal year, the Secretary shall reserve 3 percent for purposes of carrying out subsections (f) and (g). (3) Availability Funds made available to an eligible entity under this section shall remain available for expenditure by the eligible entity through the end of the third fiscal year following the fiscal year in which the funds are awarded to the entity. (k) Definitions In this section: (1) Community-based mentoring relationship The term community-based mentoring relationship means a relationship with a dedicated mentor and, as applicable, group of mentors or peer support group, who meet regularly with an eligible mother and help that mother address barriers to care, mental, behavioral, and physical well-being, and economic mobility by providing support services and linkages to community resources. A community-based mentoring relationship should, to the extent practicable, have an understanding of the barriers and lived experience of that community, which may include shared lived experience. (2) Eligible entity The term eligible entity means a local government, Indian Tribe (or a consortium of Indian Tribes), Tribal Organization, Urban Indian Organization, or nonprofit organization, including religious organizations, with a demonstrated history of serving eligible mothers. (3) Eligible mother The term eligible mother means— (A) a woman who is pregnant; or (B) a woman who has primary caregiving responsibilities for a child under the age of 6. (4) Prohibited entity The term prohibited entity means an entity, including its affiliates, subsidiaries, successors, and clinics that, as of the date of enactment of this section, performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities. . 12. Equal treatment for religious organizations in social services (a) Purposes The purposes of this section are the following: (1) To enable assistance to be provided to individuals and families in need in the most effective manner. (2) To prohibit discrimination against religious organizations in receipt and administration of Federal financial assistance, including the provision of that assistance through federally funded social service programs. (3) To ensure that religious organizations can apply and compete for Federal financial assistance on a level playing field with nonreligious organizations. (4) To provide certainty for religious organizations that receipt of Federal financial assistance will not obstruct or hinder their ability to organize and operate in accordance with their sincerely held religious beliefs. (5) To strengthen the social service capacity of the United States by facilitating the entry of new, and the expansion of existing, efforts by religious organizations in the administration and provision of Federal financial assistance. (6) To protect the religious freedom of, and better serve, individuals and families in need, including by expanding their ability to choose to receive federally funded social services from religious organizations. (b) Provision of services for government programs by religious organizations Title XXIV of the Revised Statutes is amended by inserting after section 1990 ( 42 U.S.C. 1994 ) the following: 1990A. Ensuring equal treatment for religious organizations in Federal provision of social services, grantmaking, and contracting (a) In general For any social services program carried out by the Federal Government, or by a State, local government, or pass-through entity with Federal funds, the entity that awards Federal financial assistance shall consider religious organizations, on the same basis as any other private organization, to provide services for the program. (b) Equal treatment for religious organizations in Federal financial assistance (1) In general A religious organization shall be eligible to apply for and to receive Federal financial assistance to provide services for a social services program on the same basis as a private nonreligious organization. (2) Selection In the selection of recipients for Federal financial assistance for a social services program neither the Federal Government nor a State, local government, or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion, including the organization's religious character, affiliation, or exercise. (3) Prohibition against improper burden on religious organizations (A) In General Except in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass-through entity. (B) Equal treatment on assurances and notices No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations. (C) Equal application of restrictions Any restrictions on the use of funds received as Federal financial assistance shall apply equally to religious and private nonreligious organizations. (D) Program requirements All organizations that receive Federal financial assistance for a social services program, including religious organizations, shall carry out eligible activities in accordance with all program requirements, and other applicable requirements governing the conduct of activities funded by the entity that awards Federal financial assistance. (E) No disqualification based on religion No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall— (i) disqualify religious organizations from applying for or receiving Federal financial assistance for a social services program on the basis of the organization’s religious character or affiliation, or grounds that discriminate against the organization on the basis of the organization’s religious exercise; or (ii) prohibit the provision of religious activities or services at the same time or location as any program receiving such Federal financial assistance. (c) Religious character and freedom (1) Freedom A religious organization that applies for or receives Federal financial assistance for a social services program shall retain its independence from Federal, State, and local governments, including its autonomy, right of expression, religious character or affiliation, authority over its internal governance, and other aspects of independence. (2) Religious character A religious organization that applies for or receives Federal financial assistance for a social services program may, among other things— (A) retain religious terms in the organization's name; (B) continue to carry out the organization's mission, including the definition, development, practice, and expression of its religious beliefs; (C) use the organization's facilities to provide a program without concealing, removing, or altering religious art, icons, scriptures, or other symbols from the facilities; (D) select, promote, or dismiss the members of the organization’s governing body and the organization’s employees on the basis of their acceptance of or adherence to the religious tenets of the organization; and (E) include religious references in the organization's mission statement and other chartering or governing documents. (d) Rights of covered beneficiaries of services (1) In general Except as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief. (2) Special rule It shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization’s program. (3) Alternative services If a covered beneficiary has an objection to the character or affiliation of the private organization from which the beneficiary receives, or would receive, services as part of the federally funded social services program, the appropriate Federal, State, or local governmental entity shall provide to such beneficiary (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, a referral for alternative services that— (A) are reasonably accessible to the covered beneficiary; and (B) have a substantially similar value to the services that the covered beneficiary would initially have received from such organization. (4) Definition In this subsection, the term covered beneficiary means an individual who applies for or receives services under a social services program. (e) Religious exemptions A religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) (including exemption from prohibitions in employment discrimination in section 702(a) of that Act ( 42 U.S.C. 2000e–1(a) )), title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc et seq. ), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance. (f) Limited audit (1) In General A religious organization providing services for a social services program using Federal financial assistance may segregate Federal funds and any required matching funds provided for such program into a separate account or accounts. Only the separate accounts consisting of Federal funds and any required matching funds shall be subject to audit by the Federal Government with respect to an audit undertaken for the purposes of oversight of Federal financial assistance. (2) Commingling of funds If a religious organization providing services for a social services program using Federal financial assistance contributes the organization's own funds in addition to those funds required by a matching requirement or agreement to supplement Federal funds, the organization may segregate the organization's own funds that are not matching funds into separate accounts, or commingle the organization's own funds that are not matching funds with the matching funds. If those funds are commingled, the commingled funds may all be subject to audit by the Federal Government. (g) Private right of action Any religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section— (1) may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and (2) may obtain appropriate relief, including attorney’s fees, against an entity or agency that committed such violation. (h) Federal preemption of State and local laws With respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section. (i) Construction The provisions of this section shall supersede all Federal law (including statutory and other law, and policies used in the implementation of that law) that is enacted or issued before the date of enactment of this section. No provision of law enacted after the date of the enactment of this section may be construed as limiting, superseding, or otherwise affecting this section, except to the extent that it does so by specific reference to this section. (j) Severability If any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby. (k) Definitions In this section: (1) Discriminate on the basis of an organization’s religious exercise (A) In general The term discriminate , used with respect to an organization’s religious exercise, means, on the basis of covered conduct or motivation, to disfavor an organization in a selection process or in oversight, including— (i) by failing to select an organization; (ii) by disqualifying an organization; or (iii) by imposing any condition or selection criterion that penalizes or otherwise disfavors an organization, or has the effect of so penalizing or disfavoring an organization. (B) Covered conduct or motivation In this paragraph, the term covered conduct or motivation means— (i) conduct that would not be considered grounds to disfavor a nonreligious organization; (ii) conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), or any other provision referenced in subsection (e); or (iii) the actual or suspected religious motivation for the organization’s religious exercise. (2) Other definitions (A) Federal financial assistance The term Federal financial assistance means financial assistance from the Federal Government that non-Federal entities receive or administer through grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, tax deduction, or guaranty contract. (B) Pass-through entity The term pass-through entity means an entity, including a nonprofit or nongovernmental organization, acting under a grant, contract, or other agreement with the Federal Government or with a State or local government, such as a State administering agency, that accepts direct Federal financial assistance as a primary recipient (such as a grant recipient) and distributes that assistance to other organizations that, in turn, provide government-funded social services through a social services program. (C) Program The term program includes the services provided through that program. (D) Religious exercise The term religious exercise has the meaning given the term in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc–5 ). (E) Services The term services , used with respect to a social services program, includes the provision of goods, or of financial assistance, under the social services program. (F) Social services program The term social services program — (i) means a program that is administered by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low-income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need; and (ii) includes a program that provides, to people in need— (I) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities; (II) transportation services; (III) job training and related services, and employment services; (IV) information, referral, and counseling services; (V) the preparation and delivery of meals, nutrition services, and services related to soup kitchens or food banks; (VI) health support services; (VII) literacy and mentoring services; (VIII) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and families of criminal offenders, and services related to intervention in, and prevention of, domestic violence; or (IX) services related to the provision of assistance for housing under Federal law. . 13. Awareness for expecting mothers The Public Health Service Act is amended by adding at the end the following: XXXIV Awareness for expecting mothers 3401. Website and portal (a) Website Not later than 1 year after the date of enactment of this section, the Secretary shall publish a user-friendly public website, life.gov, to provide a comprehensive list of Federal, State, local governmental, and private resources available to pregnant women including— (1) resources to mental health counseling, pregnancy counseling, and other prepartum and postpartum services; (2) comprehensive information on alternatives to abortion; (3) information about abortion risks, including complications and failures; and (4) links to information on child development from moment of conception. (b) Portal Not later than 1 year after the date of enactment of this section, the Secretary shall publish a portal on the public website of the Department of Health and Human Services that— (1) through a series of questions, will furnish specific tailored information to the user on what pregnancy-related information they are looking for, such as— (A) Federal, State, local governmental, and private resources that may be available to the woman within her zip code, including the resources specified in subsection (c); and (B) risks related to abortion at all stages of fetal gestation; and (2) provides for the submission of feedback on how user-friendly and helpful the portal was in providing the tailored information the user was seeking. (c) Resources The Federal, State, local governmental, and private resources specified in this subsection are the following: (1) Mentorship opportunities, including pregnancy help and case management resources. (2) Health and well-being services, including women’s medical services such as obstetrical and gynecological support services for women, abortion pill reversal, breastfeeding, general health services, primary care, and dental care. (3) Financial assistance, work opportunities, nutrition assistance, childcare, and education opportunities. (4) Material or legal support, including transportation, food, nutrition, clothing, household goods, baby supplies, housing, shelters, maternity homes, tax preparation, legal support for child support, family leave, breastfeeding protections, and custody issues. (5) Recovery and mental health services, including services with respect to addiction or suicide intervention, intimate partner violence, sexual assault, rape, sex trafficking, and counseling for women and families surrounding unexpected loss of a child. (6) Prenatal diagnostic services, including disability support organizations, medical interventions for a baby, perinatal hospice resources, pregnancy and infant loss support, and literature on pregnancy wellness. (7) Healing and support services for abortion survivors and their families. (8) Services providing care for children, including family planning education, adoption, foster care, and short-term care resources. (d) Administration The Secretary may not delegate implementation or administration of the portal established under subsection (b) below the level of the Office of the Secretary. (e) Follow-Up The Secretary shall develop a plan under which— (1) the Secretary includes in the portal established under subsection (b), a mechanism for users of the portal to take an assessment through the portal and provide consent to use the user’s contact information; (2) the Secretary conducts outreach via phone or email to follow up with users of the portal established under subsection (b) on additional resources that would be helpful for the users to review; and (3) upon the request of a user of the portal for specific information, after learning of the additional resources through the portal, agents of the Department of Health and Human Services make every effort to furnish specific information to such user in coordination with Federal, State, local governmental, and private health care providers and resources. (f) Resource list aggregation (1) In general Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. (2) Criteria for making recommendations The Secretary shall develop criteria to provide to the States to determine whether resources recommended as described in paragraph (1) for inclusion in the portal can appear in the portal. Such criteria shall include the requirement that the resource provider is not a prohibited entity and the requirement that the resource provider has been engaged in providing services for a minimum of 3 consecutive years. (3) Grant program (A) In general The Secretary may provide grants to States to establish or support a system that aggregates the resources described in subsection (b)(1)(A), in accordance with the criteria developed under paragraph (2), and that may be coordinated, to the extent determined appropriate by the State, by a statewide, regionally based, or community-based public entity or private nonprofit. (B) Applications To be eligible to receive a grant under subparagraph (A), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for outreach and awareness activities, and a list of service providers that would be included in the State system supported by the grant. (g) Maternal Mental Health Hotline The Secretary shall ensure that the Maternal Mental Health Hotline of the Health Resources and Services Administration— (1) disseminates information regarding, and linkages to, the life.gov website and portal described in subsections (a) and (b); (2) has the capacity to help families in every State and community in the Nation; and (3) includes live chat features, 24 hours a day, to connect individuals to the information the portal hosts. (h) Prohibition regarding certain entities The resources listed on the life.gov website, and made available through the portal and hotline established under this section may not include any resource offered by a prohibited entity. (i) Services in different languages The life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English. (j) Reporting requirements (1) In general Not later than 180 days after date on which the life.gov website and portal are established under subsection (a), the Secretary shall submit to Congress a report on— (A) the traffic of the website and the interactive portal; (B) user feedback on the accessibility and helpfulness of the website and interactive portal in tailoring to the user’s needs; (C) insights on gaps in Federal, State, local governmental, and private programming with respect to services for pregnant and postpartum women; and (D) suggestions on how to improve user experience and accessibility based on user feedback and missing resources that would be helpful to include in future updates. (2) Confidentiality The report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website or portal. (k) Definitions In this section: (1) Abortion The term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove an ectopic pregnancy or a dead unborn child. (2) Born alive The term born alive has the meaning given such term in section 8(b) of title 1, United States Code. (3) Prohibited entity The term prohibited entity means an entity, including its affiliates, subsidiaries, successors, and clinics that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities. (4) Unborn child The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive. . 14. WIC reform (a) Breastfeeding woman (1) Definition of breastfeeding woman Section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ) is amended by striking the subsection designation and all that follows through the period at the end of paragraph (1) and inserting the following: (b) Definitions In this section: (1) Breastfeeding woman The term breastfeeding woman means a woman who is not more than 2 years postpartum and is breastfeeding the infant of the woman. . (2) Certification Section 17(d)(3)(A)(ii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A)(ii) ) is amended by striking 1 year and inserting 2 years . (b) Postpartum woman (1) Definition of postpartum woman Section 17(b)(10) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b)(10) ) is amended by striking the period at the end and inserting , and, for purposes of subsection (d), includes women up to 2 years after the birth of a child born alive or a stillbirth. . (2) Certification Section 17(d)(3)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A) ) is amended— (A) in clause (i), by striking clause (ii) and inserting clauses (ii) and (iii) ; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) Postpartum women A State may elect to certify a postpartum woman for a period of up to 2 years after the birth of a child born alive or a stillbirth. . (c) Child support Section 17(e)(4) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(e)(4) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: (C) shall provide to individuals applying for the program under this section, or reapplying at the end of their certification period— (i) written information about establishing child support orders under the law of the State; and (ii) on request from the individual applicant, referral to any program or agency of the State authorized to determine eligibility for child support orders; and . (d) Child support enforcement plan Section 17(f)(1)(C) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(1)(C) ) is amended— (1) in clause (x), by striking and at the end; (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: (xi) a plan to facilitate referrals for participants seeking to establish a child support order; and . (e) Review of available supplemental foods Section 17(f)(11)(C) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(11)(C) ) is amended— (1) in the matter preceding clause (i), by striking 10 and inserting 5 ; and (2) in clause (ii), by striking amend the supplemental foods available, as necessary, to and inserting not later than 18 months after the conclusion of each scientific review conducted under clause (i), promulgate a final rule to amend the supplemental foods, as necessary, to . (f) Increase in cash-Value voucher amount Section 17(f)(11) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(11) ) is amended by adding at the end the following: (D) Increase in cash-value voucher amount Using funds made available for the program authorized by this section, not later than 30 days after the date of enactment of the Providing for Life Act , the Secretary shall— (i) increase the amount of the cash-value voucher (as defined in section 246.2 of title 7 (Code of Federal Regulations) (or a successor regulation)) to reflect the amount provided to participants of the program as of August 31, 2022 (and adjusted for inflation); and (ii) maintain such amount until the date on which a new final rule is promulgated pursuant to subparagraph (C)(ii). . 15. Pregnancy resource centers (a) In general The Secretary of Health and Human Services shall use amounts available under subsection (b) to provide grants and other assistance to pregnancy resource centers to assist such centers in carrying out activities to support women's pregnancy-related health. (b) Funding Notwithstanding any other provision of law, a pregnancy resource center shall be eligible for funding under title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. ). Notwithstanding section 59.2 of title 42, Code of Federal Regulations, pregnancy resource centers shall not be required to provide, refer, or counsel in favor of contraception in order to eligible for funding under such title X. In making funding available under such title X, the Secretary of Health and Human Services shall give priority to the funding of pregnancy resource centers. (c) Definitions In this section: (1) Community referrals The term community referrals means linking a woman to additional care within the community. Such linkage may include prenatal care, STI testing or treatment, maternity homes and housing, professional counseling, licensed adoption agencies, financial aid, addition recovery help, job and skills training, and legal help. (2) Material assistance The term material assistance means the provision of goods and resources to pregnant or parenting women or parenting couples, including diapers and wipes, car seats, baby furniture, strollers, baby bedding, baby clothing, baby formula, maternity clothing, or financial assistance. (3) Pregnancy resource center The term pregnancy resource center means a life-affirming organization that offers a range of services to assist pregnant women, which may include options such as counseling, obstetrical ultrasound, sexual transmitted infection (STI) tests and testing, pregnancy tests and testing, sexual risk avoidance (SRA) education, parenting education, material assistance, and community referrals. Such organizations may also be known as pregnancy help centers, pregnancy resource centers, pregnancy care centers, pregnancy medical clinics, or simply pregnancy centers. Such term does not include entities that perform, prescribe, refer for or encourage abortion or entities that affiliate with any entity that performs, prescribes, refers for, or encourages abortion. | https://www.govinfo.gov/content/pkg/BILLS-117s4868is/xml/BILLS-117s4868is.xml |
117-s-4869 | II 117th CONGRESS 2d Session S. 4869 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Lee (for himself, Ms. Lummis , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To index certain thresholds for inflation.
1. Short title This Act may be cited as the Saving Privacy Act . 2. Findings Congress finds the following: (1) Public Law 91–508 (referred to in this section as the Bank Secrecy Act ) authorized the Secretary of the Treasury to establish recording and reporting requirements for financial institutions, including the prescription of thresholds for such requirements. (2) In 1972, the Department of the Treasury published the final rule implementing the Bank Secrecy Act, which required filing a report on each transaction in currency of more than $10,000 . (3) While the Supreme Court of the United States issued a ruling in California Bankers Association v. Shultz, 416 U.S. 21 (1974) that the Bank Secrecy Act did not violate the Fourth Amendment to the Constitution of the United States, the controlling opinion cautioned that a significant extension of the regulations’ reporting requirements . . . would pose substantial and difficult constitutional questions . (4) Inflation has risen to almost 600 percent since the 1974 decision described in paragraph (3) and the threshold has not been adjusted accordingly. (5) While $10,000 was sufficient to buy a modest multi-bedroom home in the 1970s, today that amount cannot even cover the purchase of many lightly used cars. (6) This development represents a significant extension of the reporting requirements under the applicable regulations and could render the Bank Secrecy Act reporting requirement unconstitutional unless redressed. 3. Records and reports on monetary instrument transactions Title 31, United States Code, is amended— (1) in section 5313(a), in the first sentence, by striking , or under circumstances the Secretary prescribes by regulation and inserting not less than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) ; (2) in section 5316(a), by striking more than $10,000 each place the term appears and inserting not less than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) ; (3) in section 5318— (A) in subsection (a)(2), by striking as the Secretary may prescribe by regulation and inserting relating to transactions of not less than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) ; and (B) in subsection (g)— (i) in paragraph (1), by inserting of not less than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) after report any suspicious transaction ; and (ii) in paragraph (5)(D)(ii)(II), by inserting of not less than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) after any other transaction ; (4) in section 5331, in subsections (a)(1)(B) and (d)(1)(B), by striking $10,000 each place the term appears and inserting $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) ; and (5) in section 5332(a)(1), by striking $10,000 and inserting $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) . 4. Returns relating to cash received in trade or business Section 6050I of the Internal Revenue Code of 1986 is amended— (a) in subsections (a)(2), (d)(2), and (g)(1), by striking $10,000 each place the term appears and inserting $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) ; and (b) in subsection (d)(1), by inserting of not more than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) after currency . 5. Recordkeeping regulations for insured depository institutions Section 21(b) of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b(b) ) is amended by adding at the end the following: (4) Thresholds The regulations prescribed under this subsection shall apply to transactions of not less than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974). . | https://www.govinfo.gov/content/pkg/BILLS-117s4869is/xml/BILLS-117s4869is.xml |
117-s-4870 | II 117th CONGRESS 2d Session S. 4870 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Padilla (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To approve the settlement of the water right claims of the Tule River Tribe, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Tule River Tribe Reserved Water Rights Settlement Act of 2022 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Ratification of 2007 Agreement. Sec. 5. Tribal Water Right. Sec. 6. Tule River Tribe trust accounts. Sec. 7. Funding. Sec. 8. Transfer of land into trust. Sec. 9. Satisfaction of claims. Sec. 10. Waivers and releases of claims. Sec. 11. Enforceability Date. Sec. 12. Binding effect; judicial approval; enforceability. Sec. 13. Miscellaneous provisions. Sec. 14. Antideficiency. 2. Purposes The purposes of this Act are— (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of California for— (A) the Tule River Tribe; and (B) the United States, acting as trustee for the Tribe; (2) to authorize, ratify, and confirm the 2007 Agreement entered by the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, to the extent that the 2007 Agreement is consistent with this Act; (3) to authorize and direct the Secretary— (A) to execute the 2007 Agreement; and (B) to take any other actions necessary to carry out the 2007 Agreement in accordance with this Act; (4) to authorize funds necessary for the implementation of the 2007 Agreement and this Act; and (5) to authorize the transfer of certain lands to the Tribe, to be held in trust. 3. Definitions In this Act: (1) 2007 Agreement The term 2007 Agreement means— (A) the agreement dated November 21, 2007, as amended on April 22, 2009, between the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, and exhibits A–F attached thereto; and (B) any amendment to the Agreement referred to in subparagraph (A) (including an amendment to any exhibit) that is executed to ensure that the 2007 Agreement is consistent with this Act. (2) Court The term Court means the United States District Court for the Eastern District of California, unless otherwise specified herein. (3) Divert; diversion The terms divert and diversion mean to remove water from its natural course or location by means of a ditch, canal, flume, bypass, pipeline, conduit, well, pump, or other structure or device, or act of a person. (4) Downstream water users The term Downstream Water Users means— (A) the Tule River Association and its successors and assigns; (B) the South Tule Independent Ditch Company and its successors and assigns; and (C) any and all other holders of water rights in the South Fork Tule River Basin. (5) Enforceability date The term Enforceability Date means the date described in section 11. (6) OM&R (A) In general The term OM&R means operation, maintenance, and replacement. (B) Inclusions The term OM&R includes— (i) any recurring or ongoing activity relating to the day-to-day operation of a project; (ii) any activity relating to scheduled or unscheduled maintenance of a project; and (iii) any activity relating to repairing or replacing a feature of a project. (7) Reservation; Tule River Reservation The terms Reservation and Tule River Reservation mean the reservation of lands set aside for the Tribe by the Executive Orders of January 9, 1873, October 3, 1873, and August 3, 1878, including lands added to the Reservation pursuant to section 8. (8) Secretary The term Secretary means the Secretary of the Interior. (9) South Tule Independent Ditch Company The term South Tule Independent Ditch Company means the nonprofit mutual water company incorporated in 1895, which provides water diverted from the South Fork of the Tule River to its shareholders on lands downstream from the Tule River Reservation. (10) Tribal Water Right The term Tribal Water Right means the water rights ratified, confirmed, and declared to be valid for the benefit of the Tribe as set forth and described in the 2007 Agreement and this Act. (11) Tribe The term Tribe means the Tule River Indian Tribe of the Tule River Reservation, California, a federally recognized Indian Tribe. (12) Trust Fund The term Trust Fund means the Tule River Indian Tribe Settlement Trust Fund established under section 6(a). (13) Tule River Association (A) In general The term Tule River Association means the association formed by agreement in 1965, the members of which are representatives of all pre-1914 appropriative and certain riparian water right holders of the Tule River at and below the Richard L. Schafer Dam and Reservoir. (B) Inclusions The term Tule River Association includes the Pioneer Water Company, the Vandalia Irrigation District, the Porterville Irrigation District, and the Lower Tule River Irrigation District. (14) Water development project The term Water Development Project means a project for domestic, commercial, municipal, and industrial water supply, including but not limited to water treatment, storage, and distribution infrastructure, to be constructed, in whole or in part, using monies from the Trust Fund. 4. Ratification of 2007 Agreement (a) Ratification (1) In general Except as modified by this Act and to the extent that the 2007 Agreement does not conflict with this Act, the 2007 Agreement is authorized, ratified, and confirmed. (2) Amendments If an amendment to the 2007 Agreement, or to any exhibit attached to the 2007 Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the 2007 Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed. (b) Execution (1) In general To the extent the 2007 Agreement does not conflict with this Act, the Secretary shall execute the 2007 Agreement, including all exhibits to, or parts of, the 2007 Agreement requiring the signature of the Secretary. (2) Modifications Nothing in this Act prohibits the Secretary, after execution of the 2007 Agreement, from approving any modification to the 2007 Agreement, including any exhibit to the 2007 Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or any other applicable provision of Federal law. (c) Environmental compliance (1) In general In implementing the 2007 Agreement and this Act, the Secretary shall comply with all applicable provisions of— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and (C) other applicable Federal environmental laws and regulations. (2) Compliance (A) In general In implementing the 2007 Agreement and this Act, the Tribe shall prepare any necessary environmental documents, consistent with all applicable provisions of— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ), including the implementing regulations of that Act; and (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations The Secretary shall— (i) independently evaluate the documentation submitted under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution The execution of the 2007 Agreement by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Costs Any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary. 5. Tribal Water Right (a) Confirmation of Tribal Water Right (1) In general The Tribal Water Right is ratified, confirmed, and declared valid. (2) Quantification The Tribal Water Right includes the right to divert and use or permit the diversion and use of up to 5,828 acre-feet per year of surface water from the South Fork Tule River, as described in the 2007 Agreement and as confirmed in the decree entered by the Court pursuant to subsections (b) and (c) of section 12. (3) Use Any diversion, use, and place of use of the Tribal Water Right shall be subject to the terms and conditions of the 2007 Agreement and this Act. (b) Trust status of Tribal Water Right The Tribal Water Right— (1) shall be held in trust by the United States for the use and benefit of the Tribe in accordance with this Act; and (2) shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (c) Authority of the Tule River Tribe (1) In general The Tule River Tribe shall have the authority to allocate and distribute the Tribal Water Right for use on the Reservation in accordance with the 2007 Agreement, this Act, and applicable Federal law. (d) Administration (1) No alienation The Tribe shall not permanently alienate any portion of the Tribal Water Right. (2) Purchases or grants of land from indians An authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes ( 25 U.S.C. 177 ). (3) Prohibition on forfeiture The non-use of all or any portion of the Tribal Water Right by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal Water Right. 6. Tule River Tribe trust accounts (a) Establishment The Secretary shall establish a trust fund, to be known as the Tule River Indian Tribe Settlement Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any interest earned on those amounts, for the purpose of carrying out this Act. (b) Accounts The Secretary shall establish in the Trust Fund the following Accounts: (1) The Tule River Tribe Water Development Projects Account. (2) The Tule River Tribe OM&R Account. (c) Deposits The Secretary shall deposit— (1) in the Tule River Tribe Water Development Projects Account established under subsection (b)(1), the amounts made available pursuant to section 7(a)(1); and (2) in the Tule River Tribe OM&R Account established under subsection (b)(2), the amounts made available pursuant to section 7(a)(2). (d) Management and interest (1) Management On receipt and deposit of funds into the accounts in the Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a ); (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ); and (C) this section. (2) Investment earnings In addition to the deposits under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund are authorized to be used in accordance with subsections (e) and (h). (e) Availability of amounts Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, shall be made available to the Tribe by the Secretary beginning on the Enforceability Date and subject to the requirements set forth in this section. (f) Withdrawals (1) Withdrawals under the American Indian Trust Fund Management Reform Act of 1994 (A) In general The Tribe may withdraw any portion of the amounts in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (B) Requirements In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), the Tribal management plan under this paragraph shall require that the Tribe shall spend all amounts withdrawn from the Trust Fund, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this Act. (C) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph to ensure that amounts withdrawn by the Tribe from the Trust Fund under this paragraph are used in accordance with this Act. (2) Withdrawals under expenditure plan (A) In general The Tribe may submit to the Secretary a request to withdraw amounts from the Trust Fund pursuant to an approved expenditure plan. (B) Requirements To be eligible to withdraw amounts under an expenditure plan under this paragraph, the Tribe shall submit to the Secretary an expenditure plan for any portion of the Trust Fund that the Tribe elects to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act. (C) Inclusions An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Tribe in accordance with subsections (e) and (h). (D) Approval The Secretary shall approve an expenditure plan submitted under this paragraph if the Secretary determines that the plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this Act. (E) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this Act. (g) Effect of section Nothing in this section gives the Tribe the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2) except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). (h) Uses Amounts from the Trust Fund may only be used by the Tribe for the following purposes: (1) The Tule River Tribe Water Development Projects Account may only be used to plan, design, and construct Water Development Projects on the Tule River Reservation, and for the conduct of related activities, including for environmental compliance in the development and construction of projects under this Act. (2) The Tule River Tribe OM&R Account may only be used for the OM&R of Water Development Projects. (i) Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Tribe under paragraphs (1) and (2) of subsection (f). (j) Title to infrastructure Title to, control over, and operation of any project constructed using funds from the Trust Fund shall remain in the Tribe. (k) Operation, maintenance, & replacement All OM&R costs of any project constructed using funds from the Trust Fund shall be the responsibility of the Tribe. (l) No per capita distributions No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe. (m) Expenditure report The Tule River Tribe shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under this Act. 7. Funding (a) Funding Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (1) for deposit in the Tule River Tribe Water Development Projects Account $518,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Tule River Tribe OM&R Account $50,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury. (b) Fluctuation in costs (1) In general The amounts authorized to be appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after November 1, 2020, as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend. (2) Construction costs adjustment The amounts authorized to be appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (3) Repetition The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (4) Period of indexing The period of indexing adjustment under this subsection for any increment of funding shall end on the date on which the funds are deposited into the Trust Fund. 8. Transfer of land into trust (a) Transfer of land to trust (1) In general Subject to valid existing rights, and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held in trust by the United States for the benefit of the Tribe as part of the Reservation upon the Enforceability Date, provided that the Tribal fee land described in paragraph (2)(C)— (A) is free from any liens, encumbrances, or other infirmities; and (B) has no existing evidence of any hazardous substances or other environmental liability. (2) Lands to be held in trust The land referred to in paragraph (1) is the following: (A) Bureau of Land Management lands (i) Approximately 26.15 acres of land located in T. 22 S., R. 29 E., sec. 35, Lot 9. (ii) Approximately 85.50 acres of land located in T. 22 S., R. 29 E., sec. 35, Lots 6 and 7. (iii) Approximately 38.77 acres of land located in— (I) T. 22 S., R. 30 E., sec. 30, Lot 1; and (II) T. 22 S., R. 30 E., sec. 31, Lots 6 and 7. (iv) Approximately 154.9 acres of land located in T. 22 S., R. 30 E., sec. 34, N 1/4 SW 1/4 and SW 1/4 SW 1/4 , Lots 2 and 3. (v) Approximately 40.00 acres of land located in T. 22 S., R. 30 E., sec. 34, NE 1/4 SE 1/4 . (vi) Approximately 375.17 acres of land located in— (I) T. 22 S., R. 30 E., sec. 35, S 1/2 NE 1/4 , N 1/2 SE 1/4 , and SE 1/4 SE 1/4 , Lots 3, 4, and 6; and (II) T. 23 S., R. 30 E., sec. 2, S 1/2 NE 1/4 , Lots 6 and 7. (vii) Approximately 60.43 acres of land located in— (I) T. 22 S., R. 30 E., sec. 35, SW 1/4 SW 1/4 ; and (II) T. 23 S., R. 30 E., sec. 2, Lot 9. (viii) Approximately 15.48 acres of land located in T. 21 S., R. 30 E., sec. 31 in that portion of the NW 1/4 lying between Lots 8 and 9. (ix) Approximately 29.26 acres of land located in T. 21 S., R. 30 E., sec. 31, Lot 7. (B) Forest Service lands Approximately 9,037 acres of land comprising the headwaters area of the South Fork Tule River watershed located east of and adjacent to the Tule River Indian Reservation, and more particularly described as follows: (i) Commencing at the northeast corner of the Tule River Indian Reservation in T. 21 S., R. 31 E., sec. 16, Mount Diablo Base and Meridian, running thence east and then southeast along the ridge of mountains dividing the waters of the South Fork of the Tule River and Middle Fork of the Tule River, continuing south and then southwest along the ridge of mountains dividing the waters of the South Fork of the Tule River and the Upper Kern River until intersecting with the southeast corner of the Tule River Indian Reservation in T. 22 S., R. 31 E., sec. 28, thence from such point north along the eastern boundary of the Tule River Indian Reservation to the place of beginning. (ii) The area encompasses— (I) all of secs. 22, 23, 26, 27, 34, 35, and portions of secs. 13, 14, 15, 16, 21, 24, 25, 28, 33, and 36, in T. 21 S., R. 31 E.; and (II) all of secs. 3 and 10, and portions of secs. 1, 2, 4, 9, 11, 14, 15, 16, 21, 22, 27, and 28, in T. 22 S., R. 31 E. (C) Tribally owned fee lands (i) Approximately 300 acres of land known as the McCarthy Ranch and more particularly described as follows: (I) The SW 1/4 and that portion of the SE 1/4 of sec. 9 in T. 22 S., R. 29 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, lying south and west of the center line of the South Fork of the Tule River, as such river existed on June 9, 1886, in the County of Tulare, State of California; excepting therefrom an undivided one-half interest in and to the oil, gas, minerals, and other hydrocarbon substances in, on, or under such land, as reserved by Alice King Henderson, a single woman, by Deed dated January 22, 1959, and Recorded February 18, 1959, in Book 2106, page 241, Tulare County Official Records. (II) An easement over and across that portion of the SW 1/4 of sec. 10 in T. 22 S., R. 29 E., Mount Diablo Base and Meridian, County of Tulare, State of California, more particularly described as follows: (aa) Beginning at the intersection of the west line of the SW 1/4 of sec. 10, and the south bank of the South Tule Independent Ditch; thence south 20 rods; thence in an easterly direction, parallel with such ditch, 80 rods; thence north 20 rods, thence westerly along the south bank of such ditch 80 rods to the point of beginning; for the purpose of— (AA) maintaining thereon an irrigation ditch between the headgate of the King Ditch situated on such land and the SW 1/4 and that portion of the SE 1/4 of sec. 9 in T. 22 S., R. 29 E., lying south and west of the centerline of the South Fork of the Tule River, as such river existed on June 9, 1886, in the County of Tulare, State of California; and (BB) conveying therethrough water from the South Fork of the Tule River to the SW 1/4 and that portion of the SE 1/4 of sec. 9 in T. 22 S., R. 29 E., lying south and west of the centerline of the South Fork of the Tule River, as such river existed on June 9, 1886. (bb) The easement described in item (aa) shall follow the existing route of the King Ditch. (ii) Approximately 640 acres of land known as the Pierson/Diaz property in T. 22 S., R. 29 E., sec. 16, Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (iii) Approximately 375.44 acres of land known as the Hyder property and more particularly described as follows: (I) That portion of the S 1/2 of sec. 12 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, lying south of the County Road known as Reservation Road, excepting therefrom an undivided one-half interest in all oil, gas, minerals, and other hydrocarbon substances as reserved in the deed from California Lands, Inc., to Lovell J. Wilson and Genevieve P. Wilson, recorded February 17, 1940, in book 888, page 116, Tulare County Official Records. (II) The NW 1/4 of sec. 13 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, excepting therefrom the south 1200 feet thereof. (III) The south 1200 feet of the NW 1/4 of sec. 13 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (iv) Approximately 157.22 acres of land situated in the unincorporated area of the County of Tulare, State of California, known as the Trailor property, and more particularly described as follows: The SW 1/4 of sec. 11 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the unincorporated area of the County of Tulare, State of California, according to the official plat thereof. (v) Approximately 89.45 acres of land known as the Tomato Patch in that portion of the SE 1/4 of sec. 11 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the Official Plat of the survey of such land on file in the Bureau of Land Management at the date of the issuance of the patent thereof, and more particularly described as follows: Beginning at the southeast corner of T. 22 S., R. 28 E., sec. 11, thence north and along the east line of such sec. 11, 1342 feet, thence south 83° 44’ west 258 feet, thence north 84° 30’ west 456 feet, thence north 65° 28’ west 800 feet, thence north 68° 44’ west 295 feet, thence south 71° 40’ west 700 feet, thence south 56° 41’ west 240 feet to the west line of the SE 1/4 of such sec. 11, thence south 0° 21’ west along such west line of the SE 1/4 of sec. 11, thence west 1427 feet to the southwest corner of such SE 1/4 of sec. 11, thence south 89° 34’ east 2657.0 feet to the point of beginning, excepting therefrom— (I) a strip of land 25 feet in width along the northerly and east sides and used as a County Road; and (II) an undivided one-half interest in all oil, gas, and minerals in and under such lands, as reserved in the Deed from Bank of America, a corporation, dated August 14, 1935, filed for record August 28, 1935, Fee Book 11904. (vi) Approximately 160 acres of land known as the Smith Mill in the NW 1/4 of the NE 1/4 , the N 1/2 of the NW 1/4 , and the SE 1/4 of the NW 1/4 of sec. 20 in T. 21 S., R. 31 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (vii) Approximately 35 acres of land located within the exterior boundaries of the Tule River Reservation known as the Highway 190 parcel, with the legal description as follows: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, Sate of California, according to the official plat thereof, and more particularly described as follows: Commencing at a point in the south line of the N 1/2 of the S 1/2 of such sec. 19, such point being south 89° 54’ 47” east, 1500.00 feet of the southwest corner of such N 1/2 , thence north 52° 41’ 17” east, 1602.80 feet to the true point of beginning of the parcel to be described, thence north 32° 02’ 00” west, 1619.53 feet to a point in the southeasterly line of State Highway 190 per deeds recorded May 5, 1958, in Book 2053, pages 608 and 613, Tulare County Official Records, thence north 57° 58’ 00” east, 232.29 feet, thence north 66° 33’ 24” east, 667.51 fee, thence departing the southeasterly line of such Highway 190, south 44° 53’ 27” east, 913.62 feet, thence south 85° 53’ 27” east, 794.53 feet, thence south 52° 41’ 17” west, 1744.64 feet to the true point of beginning. (viii) Approximately 61.91 acres of land located within the exterior boundaries of the Tule River Reservation known as the Shan King property, with the legal description as follows: (I) Parcel 1: Parcel No. 1 of parcel map no. 4028 in the County of Tulare, State of California, as per the map recorded in Book 41, page 32 of Tulare County Records. (II) (aa) Parcel 2: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, State of California, described as follows: Commencing at a point in the south line of the N 1/2 of the S 1/2 of such sec. 19, such point being south 89° 54’ 58” east, 1500.00 feet of the southwest corner of such N 1/2 , thence north 52° 41’ 06” east, 1602.80 feet to the southwesterly corner of the 40.00 acre parcel shown on the Record of Survey recorded in Book 18, page 17, of Licensed Surveys, Tulare County Records, thence, north 32° 01’ 28” west, 542.04 feet along the southwesterly line of such 40.00 acre parcel to the true point of beginning of the parcel to be described, thence, continuing north 32° 01’ 28” west, 1075.50 feet to the northwesterly corner of such 40.00 acre parcel, thence north 57° 58’ 50” east, 232.31 feet along the southeasterly line of State Highway 190, thence north 66° 34’ 12” east, 6.85 feet, thence, departing the southeasterly line of State Highway 190 south 29° 27’ 29” east, 884.73 feet, thence south 02° 59’ 33” east, 218.00 feet, thence south 57° 58’ 31” west, 93.67 feet to the true point of beginning. (bb) The property described in item (aa) is subject to a 100 foot minimum building setback from the right-of-way of Highway 190. (III) Parcel 3: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, County of Tulare, State of California, described as follows: Beginning at a point in the south line of the N 1/2 of the S 1/2 of such sec. 19, such point being south 89° 54’ 47” east, 1500.00 feet of the southwest corner of such N 1/2 , thence north 7° 49’ 19” east, 1205.00 feet, thence north 40° 00’ 00” west, 850.00 feet to a point in the southeasterly line of State Highway 190, per deeds recorded May 5, 1958, in Book 2053, pages 608 and 613, Tulare County Official Records, thence, north 57° 58’ 00” east, 941.46 feet, along the southeasterly line of such Highway 190, thence departing the southeasterly line of such Highway 190, south 32° 02’ 00” east, 1619.53 feet, thence south 52° 41’ 17” west, 1602.80 feet to the point of beginning, together with a three-quarters ( 3/4 ) interest in a water system, as set forth in that certain water system and maintenance agreement recorded April 15, 2005, as document no. 2005–0039177. (ix) Approximately 18.44 acres of land located within the exterior boundaries of the Tule River Reservation known as the Parking Lot 4 parcel with the legal description as follows: That portion of the land described in that Grant Deed to Tule River Indian Tribe, recorded June 1, 2010, as document number 2010–0032879, Tulare County Official Records, lying within the following described parcel: beginning at a point on the east line of the NW 1/4 of sec. 3 in T. 22 S., R. 28 E., Mount Diablo Meridian, lying south 0° 49’ 43” west, 1670.53 feet from the N 1/4 corner of such sec. 3, thence (1) south 89° 10’ 17” east, 46.50 feet; thence (2) north 0° 49’ 43” east, 84.08 feet; thence (3) north 33° 00’ 00” west, 76.67 feet to the south line of State Route 190 as described in that Grant Deed to the State of California, recorded February 14, 1958, in Volume 2038, page 562, Tulare County Official Records; thence (4) north 0° 22’ 28” east, 73.59 feet to the north line of the SE 1/4 of the NW 1/4 of such sec. 3; thence (5) south 89° 37’ 32” east, along such north line, 89.77 feet to the center-north sixteenth corner of such sec. 3; thence (6) south 0° 49’ 43” west, along such east line of the NW 1/4 of such sec. 3, a distance of 222.06 feet to the point of beginning. Containing 0.08 acres, more or less, in addition to that portion lying within Road 284. Together with the underlying fee interest, if any, contiguous to the above-described property in and to Road 284. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter’s rights including access rights, appurtenant to grantor’s remaining property, in and to such freeway. Reserving however, unto grantor, grantor’s successors or assigns, the right of access to the freeway over and across Courses (1) and (2) herein above described. The bearings and distances used in this description are on the California Coordinate System of 1983, Zone 4. Divide distances by 0.999971 to convert to ground distances. (b) Terms and conditions (1) Existing authorizations Any Federal land transferred under this section shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. The Bureau of Indian Affairs shall assume all benefits and obligations of the previous land management agency under such existing rights, contracts, leases, permits, or rights-of-way, and shall disburse to the Tribe any amounts that accrue to the United States from such rights, contracts, leases, permits, or rights-of-ways after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Tribe. (2) Improvements Any improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on lands transferred under this section shall remain the property of the holder and shall be removed not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Tribe and the holder agree otherwise. Any such property remaining beyond the 90-day period shall become the property of the Tribe and shall be subject to removal and disposition at the Tribe’s discretion. The holder shall be liable for the costs the Tribe incurs in removing and disposing of the property. (c) Withdrawal of Federal lands (1) In general Subject to valid existing rights, effective on the date of enactment of this Act, all Federal lands within the parcels described in subsection (a)(2) are withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (2) Expiration The withdrawals pursuant to paragraph (1) shall terminate on the date that the Secretary takes the lands into trust for the benefit of the Tribe pursuant to subsection (a)(1). (d) Technical corrections Notwithstanding the descriptions of the parcels of land in subsection (a)(2), the United States may, with the consent of the Tribe, make technical corrections to the legal land descriptions to more specifically identify the parcels to be exchanged. (e) Survey (1) Unless the United States or the Tribe requests an additional survey for the transferred land or a technical correction is made under subsection (d), the description of land under this section shall be controlling. (2) If the United States or the Tribe requests an additional survey, that survey shall control the total acreage to be transferred into trust under this section. (3) The Secretary or the Secretary of Agriculture shall provide such assistance as may be appropriate— (A) to conduct additional surveys of the transferred land; and (B) to satisfy administrative requirements necessary to accomplish the land transfers under this section. (f) Date of transfer The Secretary shall issue trust deeds for all land transfers under this section by not later than 10 years after the Enforceability Date. (g) Restriction on gaming Lands taken into trust pursuant to this section shall not be considered to have been taken into trust for, nor eligible for, class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 )). (h) Status of water rights on transferred lands Any water rights associated with lands transferred pursuant to subparagraphs (A) through (C) of subsection (a)(2) shall be held in trust for the Tribe but shall not be included in the Tribal Water Right. 9. Satisfaction of claims The benefits provided under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Tribe against the United States that is waived and released by the Tribe under section 10(a). 10. Waivers and releases of claims (a) In general (1) Waivers and releases of claims by the Tribe and the United States as trustee for the Tribe Subject to the reservation of rights and retention of claims set forth in subsection (c), as consideration for recognition of the Tribe’s Tribal Water Right and other benefits described in the 2007 Agreement and this Act, the Tribe and the United States, acting as trustee for the Tribe, shall execute a waiver and release of all claims for the following: (A) All claims for water rights within the State of California based on any and all legal theories that the Tribe or the United States acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the 2007 Agreement and this Act. (B) All claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within California against the State, or any person, entity, corporation, or municipality, that accrued at any time up to and including the Enforceability Date. (2) Waiver and release of claims by the Tribe against the United States Subject to the reservation of rights and retention of claims under subsection (c), the Tribe shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) for water rights within the State of California first arising before the Enforceability Date relating to— (A) water rights within the State of California that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, except to the extent that such rights are recognized as part of the Tribal Water Right under this Act; (B) foregone benefits from nontribal use of water, on and off the Reservation (including water from all sources and for all uses); (C) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights, due to loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State of California; (D) a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; (E) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on the Reservation and other Federal land and facilities (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat); (F) failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project; (G) failure to provide a dam safety improvement to a dam on the Reservation; (H) the litigation of claims relating to any water rights of the Tribe within the State of California; (I) the negotiation, execution, or adoption of the 2007 Agreement (including exhibits A–F) and this Act; (J) the negotiation, execution, or adoption of operational rules referred to in Article 3.4 of the 2007 Agreement in connection with any reservoir locations, including any claims related to the resolution of operational rules pursuant to the dispute resolution processes set forth in the Article 8 of the 2007 Agreement, including claims arising after the Enforceability Date; and (K) claims related to the creation or reduction of the Reservation, including any claims relating to the failure to ratify any treaties and any claims that any particular lands were intended to be set aside as a permanent homeland for the Tribe but were not included as part of the present Reservation. (b) Effectiveness The waivers and releases under subsection (a) shall take effect on the Enforceability Date. (c) Reservation of rights and retention of claims Notwithstanding the waivers and releases under subsection (a), the Tribe and the United States, acting as trustee for the Tribe, shall retain— (1) all claims relating to the enforcement of, or claims accruing after the Enforceability Date relating to water rights recognized under the 2007 Agreement, any final court decree entered in the Federal District Court for the Eastern District of California, or this Act; (2) all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act; (3) claims regarding the quality of water under— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), including claims for damages to natural resources; (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); and (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (4) all claims for damage, loss, or injury to land or natural resources that are not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights; and (5) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act or the 2007 Agreement. (d) Effect of 2007 Agreement and Act Nothing in the 2007 Agreement or this Act— (1) affects the authority of the Tribe to enforce the laws of the Tribe, including with respect to environmental protections or reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; (2) affects the ability of the United States, acting as sovereign, to carry out any activity authorized by law, including— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (D) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ); and (E) any regulations implementing the Acts described in subparagraphs (A) through (D); (3) affects the ability of the United States to act as trustee for any other Indian Tribe or an allotee of any other Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; (C) to conduct judicial review of any Federal agency action; or (D) to interpret Tribal law; or (5) waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe. (e) Tolling of claims (1) In general Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability Date. (2) Effect of subsection Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. (3) Limitation Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law. (f) Expiration (1) In general This Act shall expire in any case in which the Secretary fails to publish a statement of findings under section 11 by not later than— (A) 8 years from the date of enactment of this Act; or (B) such alternative later date as is agreed to by the Tribe and the Secretary, after providing reasonable notice to the State of California. (2) Consequences If this Act expires under paragraph (1)— (A) the waivers and releases under subsection (a) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the 2007 Agreement under section 4 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into pursuant to this Act, shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this Act that were expended or withdrawn, or any funds made available to carry out this Act from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— (i) relating to— (I) water rights in the State of California asserted by— (aa) the Tribe; or (bb) any user of the Tribal Water Right; or (II) any other matter covered by subsection (a)(2); or (ii) in any future settlement of water rights of the Tribe. 11. Enforceability Date The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) to the extent that the 2007 Agreement conflicts with the Act, the 2007 Agreement has been amended to conform with this Act; (2) the 2007 Agreement, so revised, includes waivers and releases of claims set forth in section 10 and has been executed by the parties, including the United States; (3) a final judgment and decree approving the 2007 Agreement and binding all parties to the action has been entered by the Court, and all appeals have been exhausted; (4) all of the amounts authorized to be appropriated under section 7(a) have been appropriated and deposited in the designated accounts; and (5) the waivers and releases under section 10(a) have been executed by the Tribe and the Secretary. 12. Binding effect; judicial approval; enforceability (a) In general Not later than 180 days after the Secretary has executed the 2007 Agreement, the Attorney General of the United States shall file suit in the Court requesting the entry of a final judgement and decree approving the Tribal Water Right and the 2007 Agreement. The Tribe and the Downstream Water Users shall be named as parties to the suit. (b) Judicial approval The Court shall have exclusive jurisdiction to review and determine whether to approve the 2007 Agreement, and over any cause of action initiated by any party to the 2007 Agreement arising from a dispute over the interpretation of the Agreement or this legislation, and any cause of action initiated by any party to the 2007 Agreement for the enforcement of Agreement. (c) Operation rules The Court shall have jurisdiction over any cause of action initiated by any party to the 2007 Agreement arising from the failure of the parties to reach agreement on operation rules for any reservoir and shall establish a procedure under which a mediator is appointed by the Court to assist the parties in resolving issues regarding operation rules for any reservoir. If the Court appointed mediation does not, after a reasonable amount of time as determined by the Court, result in an agreed set of reservoir operation rules, the Court shall determine which set of reservoir operation rules shall govern operation of the reservoir by determining which of the proffered set of operation rules, if implemented, would be the most effective by meeting the criteria set forth in section 8.2.B(3)(a) of the 2007 Agreement. Once the Court selects operation rules pursuant to the standard set forth above, such rules shall thereafter control and shall be implemented by the parties pursuant to the terms directed by the Court. 13. Miscellaneous provisions (a) Waiver of sovereign immunity by the United States Nothing in this Act waives the sovereign immunity of the United States. (b) Other Tribes not adversely affected Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Tribe. (c) Effect on current law Nothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (d) Conflict In the event of a conflict between the 2007 Agreement and this Act, this Act shall control. 14. Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized by this Act, including any obligation or activity under the 2007 Agreement if adequate appropriations are not provided by Congress expressly to carry out the purposes of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4870is/xml/BILLS-117s4870is.xml |
117-s-4871 | II 117th CONGRESS 2d Session S. 4871 IN THE SENATE OF THE UNITED STATES September 15, 2022 Ms. Baldwin (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish an office to coordinate work relating to behavioral health crisis care and to improve the National Suicide Prevention Lifeline program, and for other purposes.
1. Short title This Act may be cited as the 988 Coordination and Improvement Act . 2. Behavioral Health Crisis Coordinating Office 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. Behavioral Health Crisis Coordinating Office (a) In general The Secretary shall establish, within the Substance Abuse and Mental Health Services Administration, an office to coordinate work relating to behavioral health crisis care across the operating divisions and agencies of the Department of Health and Human Services, including the Substance Abuse and Mental Health Services Administration, the Centers for Medicare & Medicaid Services, and the Health Resources and Services Administration, and other Federal Government and external stakeholders. (b) Duty The office established under subsection (a) shall— (1) convene Federal, State, Tribal, local, and private partners; (2) launch and manage Federal workgroups charged with making recommendations regarding behavioral health crisis issues, including with respect to health care best practices, workforce development, mental health disparities, data collection, technology, geolocation and call routing, program oversight, public education, and engagement; and (3) support technical assistance, data analysis, and evaluation functions in order to assist States, local governmental entities, territories, Indian Tribes, and Tribal communities in developing crisis care systems and establish nationwide best practices with the objective of expanding the capacity of, and access to, local 988 Suicide and Crisis Lifeline call centers, mobile crisis care, crisis stabilization, psychiatric emergency services, rapid post-crisis follow-up care, and essential community services provided by— (A) the National Suicide Prevention and Mental Health Crisis Hotline and Response System; (B) the Veterans Crisis Line; (C) community mental health centers (as defined in section 1861(ff)(3)(B) of the Social Security Act); (D) Federally qualified health centers (as defined in section 1861(aa) of the Social Security Act); (E) certified community behavioral health clinics, as described in section 223 of the Protecting Access to Medicare Act of 2014; and (F) other community mental health, substance use disorder, and essential community service providers, as determined by the Secretary. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2027. . 3. National Suicide Prevention Lifeline program access to specialized services Section 520E–3 of the Public Health Service Act (290bb–36c) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) by inserting after suicide prevention hotline the following: , under the universal telephone number designated under section 251(e)(4) of the Communications Act of 1934, ; and (ii) by striking ; and at the end and inserting a semicolon; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) supporting access by high-risk populations, including LGBTQ+ youth and other members of the LGBTQ+ community, American Indian and Alaska Natives, individuals who reside in rural counties, veterans, racial and ethnic minorities, and other high-risk populations, to specialized services through the program, in accordance with subsection (c) and as determined by the Office of the Assistant Secretary. ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Access to specialized services (1) Consultation Wherever possible, the Office of the Assistant Secretary shall, in determining which approaches to use to support access to specialized services under subsection (b)(4) to the populations described in such subsection, consult with organizations that have— (A) experience working with such populations; or (B) technological expertise in effective crisis response using such digital and technology approaches. (2) Examples of specialized services Efforts to support access to specialized services under subsection (b)(4) may include— (A) updates and development of training resources that can help crisis counselors better address the needs of high-risk populations; (B) adapting the program network center membership processes to incorporate organizations providing specialized services for high-risk populations; (C) designing and implementing transfer processes; (D) providing additional technical assistance to centers participating in the program to ensure compliance with the training expectations in working with high-risk populations; and (E) the use of digital and technology approaches to improve access for high risk populations. . 4. Department of Health and Human Services report (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress assessing the progress of the Department of Health and Human Services in implementation of the 9–8–8 dialing code for the 988 Suicide and Crisis Lifeline operated pursuant to the program under section 520E–3 of the Public Health Service Act ( 42 U.S.C. 290bb–36c ). (b) Content The report required under subsection (a) shall include— (1) an assessment of the performance of the 988 Suicide and Crisis Lifeline and any partner organizations of the Lifeline; (2) an update on efforts to provide specialized resources to high-risk populations, including LGBTQ+ youth and other members of the LGBTQ+ community, American Indian and Alaska Natives, individuals who reside in rural counties, veterans, racial and ethnic minorities, and other high-risk populations; (3) State and regional variation with respect to access to crisis call centers, including average speed to answer, answer rates, hours of operation, and funding sources; (4) the capacity of the 988 Suicide and Crisis Lifeline to handle texts and chats; (5) any needed programmatic or technological enhancements to connect callers to local services; and (6) obstacles identified by States, political subdivisions of States, Indian Tribes, or villages or regional corporations serving a region established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) in collection and distribution of fees and charges described by section 4(a)(1) of the National Suicide Hotline Designation Act of 2020 ( Public Law 116–172 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4871is/xml/BILLS-117s4871is.xml |
117-s-4872 | II 117th CONGRESS 2d Session S. 4872 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mrs. Shaheen (for herself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish a permanent rural housing preservation and revitalization program, and for other purposes.
1. Short title This Act may be cited as the Strategy and Investment in Rural Housing Preservation Act of 2022 . 2. Permanent establishment of housing preservation and revitalization program Title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) is amended by adding at the end the following new section: 545. Housing preservation and revitalization program (a) Establishment The Secretary shall carry out a program under this section for the preservation and revitalization of multifamily rental housing projects financed under section 515 or both sections 514 and 516. (b) Notice of maturing loans (1) To owners On an annual basis, the Secretary shall provide written notice to each owner of a property financed under section 515 or both sections 514 and 516 that will mature within the 4-year period beginning upon the provision of the notice, setting forth the options and financial incentives that are available to facilitate the extension of the loan term or the option to decouple a rental assistance contract pursuant to subsection (f). (2) To tenants (A) In general For each property financed under section 515 or both sections 514 and 516, not later than the date that is 2 years before the date that the loan will mature, the Secretary shall provide written notice to each household residing in the property that informs them of the date of the loan maturity, the possible actions that may happen with respect to the property upon that maturity, and how to protect their right to reside in federally assisted housing after that maturity. (B) Language Notice under this paragraph shall be provided in plain English and shall be translated to other languages in the case of any property located in an area in which a significant number of residents speak such other languages. (c) Loan restructuring Under the program under this section, in any circumstance in which the Secretary proposes a restructuring to an owner or an owner proposes a restructuring to the Secretary, the Secretary may restructure such existing housing loans, as the Secretary considers appropriate, for the purpose of ensuring that those projects have sufficient resources to preserve the projects to provide safe and affordable housing for low-income residents and farm laborers, by— (1) reducing or eliminating interest; (2) deferring loan payments; (3) subordinating, reducing, or reamortizing loan debt; and (4) providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary. (d) Renewal of rental assistance (1) In general When the Secretary proposes to restructure a loan or agrees to the proposal of an owner to restructure a loan pursuant to subsection (c), the Secretary shall offer to renew the rental assistance contract under section 521(a)(2) for a 20-year term that is subject to annual appropriations, provided that the owner agrees to bring the property up to such standards that will ensure maintenance of the property as decent, safe, and sanitary housing for the full term of the rental assistance contract. (2) Additional rental assistance With respect to a project described in paragraph (1), if rental assistance is not available for all households in the project for which the loan is being restructured pursuant to subsection (c), the Secretary may extend such additional rental assistance to unassisted households at that project as is necessary to make the project safe and affordable to low-income households. (e) Restrictive use agreements (1) Requirement As part of the preservation and revitalization agreement for a project, the Secretary shall obtain a restrictive use agreement that obligates the owner to operate the project in accordance with this title. (2) Term (A) No extension of rental assistance contract Except when the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be consistent with the term of the restructured loan for the project. (B) Extension of rental assistance contract If the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be for 20 years. (C) Termination The Secretary may terminate the 20-year use restrictive use agreement for a project before the end of the term of the agreement if the 20-year rental assistance contract for the project with the owner is terminated at any time for reasons outside the control of the owner. (f) Decoupling of rental assistance (1) Renewal of rental assistance contract If the Secretary determines that a maturing loan for a project cannot reasonably be restructured in accordance with subsection (c) because it is not financially feasible or the owner does not agree with the proposed restructuring, and the project was operating with rental assistance under section 521, the Secretary may renew the rental assistance contract, notwithstanding any provision of section 521, for a term, subject to annual appropriations, of not less than 10 years but not more than 20 years. (2) Additional rental assistance With respect to a project described in paragraph (1), if rental assistance is not available for all households in the project for which the loan is being restructured pursuant to subsection (c), the Secretary may extend such additional rental assistance to unassisted households at that project as is necessary to make the project safe and affordable to low-income households. (3) Rents Any agreement to extend the term of the rental assistance contract under section 521 for a project shall obligate the owner to continue to maintain the project as decent, safe and sanitary housing and to operate the development in accordance with this title, except that rents shall be based on the lesser of— (A) the budget-based needs of the project; or (B) the operating cost adjustment factor as a payment standard as provided under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437 note). (4) Conditions for approval (A) Plan Before the approval of a rental assistance contract authorized under this section, the Secretary shall require the owner to submit to the Secretary a plan that identifies financing sources and a timetable for renovations and improvements determined to be necessary by the Secretary to maintain and preserve the project. (B) Automatic approval If a plan submitted under subparagraph (A) is not acted upon by the Secretary within 30 days of the submission, the rental assistance contract is automatically approved for not more than a 1-year period. (g) Multifamily housing transfer technical assistance Under the program under this section, the Secretary may provide grants to qualified nonprofit organizations and public housing agencies to provide technical assistance, including financial and legal services, to borrowers under loans under this title for multifamily housing to facilitate the acquisition of such multifamily housing properties in areas where the Secretary determines there is a risk of loss of affordable housing. (h) Transfer of rental assistance After the loan or loans for a rental project originally financed under section 515 or both sections 514 and 516 have matured or have been prepaid and the owner has chosen not to restructure the loan pursuant to subsection (c)— (1) a tenant residing in the project shall have 18 months before loan maturation or prepayment to transfer the rental assistance assigned to the unit of the tenant to another rental project originally financed under section 515 or both sections 514 and 516, and such tenants will have priority for admission over other applicants; and (2) the owner of the initial project may rent the previous unit of the tenant to a new tenant without income restrictions. (i) Administrative expenses Of any amounts made available for the program under this section for any fiscal year, the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program. (j) Authorization of appropriations There is authorized to be appropriated for the program under this section $200,000,000 for each of fiscal years 2023 through 2027. (k) Rulemaking (1) In general Not later than 180 days after the date of enactment of the Strategy and Investment in Rural Housing Preservation Act of 2022 , the Secretary shall— (A) publish an advance notice of proposed rulemaking; and (B) consult with appropriate stakeholders. (2) Interim final rule Not later than 1 year after the date of enactment of the Strategy and Investment in Rural Housing Preservation Act of 2022 , the Secretary shall publish an interim final rule to carry out this section. . 3. Eligibility for rural housing vouchers Section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r ) is amended by adding at the end the following: (c) Eligibility of households in sections 514, 515, and 516 projects (1) In general The Secretary may provide rural housing vouchers under this section for any low-income household (including those not receiving rental assistance) residing— (A) for a term longer than the remaining term of their lease in effect just prior to prepayment, in a property financed with a loan made or insured under section 514 or 515 that has— (i) been prepaid without restrictions imposed by the Secretary pursuant to section 502(c)(5)(G)(ii)(I); (ii) been foreclosed; or (iii) matured after September 30, 2005; or (B) in a property assisted under section 514 or 516. (2) Priority The Secretary shall prioritize the provision of rental housing vouchers under this section for projects owned by nonprofit organizations and their affiliates or public agencies. . 4. Amount of voucher assistance Notwithstanding any other provision of law, in the case of any rural housing voucher provided pursuant to section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r ), the amount of the monthly assistance payment for the household on whose behalf the assistance is provided shall be determined as provided in subsection (a) of such section 542. 5. Rental assistance contract authority Section 521(d) of the Housing Act of 1949 ( 42 U.S.C. 1490a(d) ) is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (B) by inserting after subparagraph (A) the following: (B) upon request of an owner of a project financed under section 514 or 515, the Secretary is authorized to enter into renewal of such agreements for a period of 20 years or the term of the loan, whichever is shorter, subject to amounts made available in appropriations Acts; ; and (C) in subparagraph (C), as so redesignated, by striking subparagraph (A) and inserting subparagraphs (A) and (B) ; and (D) in subparagraph (D), as so redesignated, by striking subparagraphs (A) and (B) and inserting subparagraphs (A), (B), and (C) ; and (2) by adding at the end the following: (3) In the case of any rental assistance contract authority that becomes available because of the termination of assistance on behalf of an assisted family— (A) at the option of the owner of the rental project, the Secretary shall provide the owner a period of 6 months before unused assistance is made available pursuant to subparagraph (B) during which the owner may use such assistance authority to provide assistance of behalf of an eligible unassisted family that— (i) is residing in the same rental project that the assisted family resided before the termination; or (ii) newly occupies a dwelling unit in the rental project during that 6-month period; and (B) except for assistance used as provided in subparagraph (A), the Secretary shall use such remaining authority to provide assistance on behalf of eligible families residing in other rental projects originally financed under section 515 or both sections 514 and 516. . 6. Funding for multifamily technical improvements (a) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture $50,000,000 for fiscal year 2023 for improving the technology of the Department of Agriculture used to process loans for multifamily housing and otherwise managing that housing. (b) Timeline The improvements required under subsection (a) shall be made within the 5-year period beginning upon the appropriation of amounts under subsection (a), and those amounts shall remain available until the expiration of that 5-year period. 7. Plan for preserving affordability of rental projects (a) Plan Not later than 6 months after the date of enactment of this Act, the Secretary of Agriculture (in this section referred to as the Secretary ) shall submit to Congress a written for preserving the affordability for low-income families of rental projects for which loans were made under section 514 or 515 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485) and avoiding the displacement of tenant households, which shall— (1) set forth specific performance goals and measures; (2) set forth the specific actions and mechanisms by which those goals will be achieved; (3) set forth specific measurements by which progress towards achievement of each goal can be measured; (4) provide for detailed reporting on outcomes; and (5) include any legislative recommendations to assist in achievement of the goals under the plan. (b) Advisory committee (1) Establishment; purpose The Secretary shall establish an advisory committee (in this section referred to as the advisory committee ) to assist the Secretary in— (A) preserving properties assisted under section 514 or 515 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485) through the multifamily housing preservation and revitalization program under section 545 of such Act, as added by section 2 of this Act; and (B) implementing the plan required under subsection (a). (2) Member The advisory committee shall consist of 16 members, appointed by the Secretary, as follows: (A) A State Director of Rural Development for the Department of Agriculture. (B) The Administrator for Rural Housing Service of the Department of Agriculture. (C) Two representatives of for-profit developers or owners of multifamily rural rental housing. (D) Two representatives of nonprofit developers or owners of multifamily rural rental housing. (E) Two representatives of State housing finance agencies. (F) Two representatives of tenants of multifamily rural rental housing. (G) One representative of a community development financial institution that is involved in preserving the affordability of housing assisted under sections 514, 515, and 516 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485, 1486). (H) One representative of a nonprofit organization that operates nationally and has actively participated in the preservation of housing assisted by the Rural Housing Service by conducting research regarding, and providing financing and technical assistance for, preserving the affordability of that housing. (I) One representative of low-income housing tax credit investors. (J) One representative of regulated financial institutions that finance affordable multifamily rural rental housing developments. (K) Two representatives from nonprofit organizations representing farmworkers, including 1 organization representing farmworker women. (3) Meetings The advisory committee shall meet not less often than once each calendar quarter. (4) Functions In providing assistance to the Secretary to carry out the purpose of the advisory committee, the advisory committee shall carry out the following functions: (A) Assisting the Rural Housing Service of the Department of Agriculture to improve estimates of the size, scope, and condition of rental housing portfolio of the Rural Housing Service, including the time frames for maturity of mortgages and costs for preserving the portfolio as affordable housing. (B) Reviewing policies and procedures of the Rural Housing Service regarding preservation of affordable rental housing financed under sections 514, 515, 516, and 538 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485, 1486, 1490p–2), the Multifamily Preservation and Revitalization Demonstration program, and the rental assistance program and making recommendations regarding improvements and modifications to those policies and procedures. (C) Providing ongoing review of Rural Housing Service program results. (D) Providing reports to Congress and the public on meetings, recommendations, and other findings of the advisory committee. (5) Travel costs Any amounts made available for administrative costs of the Department of Agriculture may be used for costs of travel by members of the advisory committee to meetings of the advisory committee. | https://www.govinfo.gov/content/pkg/BILLS-117s4872is/xml/BILLS-117s4872is.xml |
117-s-4873 | II 117th CONGRESS 2d Session S. 4873 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Warner (for himself, Ms. Collins , Ms. Baldwin , and Ms. Klobuchar ) 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 waive cost-sharing for advance care planning services, and for other purposes.
1. Short title This Act may be cited as the Improving Access to Advance Care Planning Act . 2. Medicare coverage of advance care planning services (a) Advance care planning services defined Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (lll) Advance care planning services (1) In general The term advance care planning services means a visit between an eligible practitioner (as defined in paragraph (2)) enrolled under section 1866(j) and an individual, a family member of such individual, or a surrogate designated by such individual, to discuss— (A) the health care preferences of such individual; (B) future health care decisions that may need to be made by, or on behalf of, such individual; and (C) advance directives or other standard forms, which may be completed by, or on behalf of, such individual. (2) Eligible practitioner For purposes of paragraph (1), the term eligible practitioner means— (A) a physician (as defined in subsection (r)); (B) a physician assistant (as defined in subsection (aa)(5)); (C) a nurse practitioner (as defined in subsection (aa)(5)); (D) a clinical nurse specialist (as defined in subsection (aa)(5)); or (E) a clinical social worker (as defined in subsection (hh)(1)) who possesses— (i) a relevant care planning certification; or (ii) experience providing care planning conversations or similar services, as defined by the Secretary. . (b) No application of coinsurance or deductible under part B (1) Amount Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and (DD) and inserting (DD) ; and (B) by inserting before the semicolon at the end the following: and (EE) with respect to advance care planning services (as defined in section 1861(lll)), the amounts paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b) . (2) Waiver of application of deductible The first sentence of section 1833(b) of the Social Security Act ( 42 U.S.C. 1395l(b) ) is amended— (A) by striking and (12) and inserting (12) ; and (B) by inserting before the period the following: , and (13) such deductible shall not apply with respect to advance care planning services (as defined in section 1861(lll)) . (c) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2023. 3. HHS provider outreach (a) Outreach The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall conduct outreach to physicians and appropriate non-physician practitioners participating under the Medicare program under title XVIII of the Social Security Act with respect to Medicare payment for advance care planning counseling services furnished to individuals to discuss their health care preferences, identified by HCPCS codes 99497 and 99498 (or any successor to such codes). Such outreach shall include a new, comprehensive, one-time education initiative to inform such physicians and practitioners of the addition of such services as a covered benefit under the Medicare program, including the requirements for eligibility for such services. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the outreach conducted under subsection (a). Such report shall include a description of the methods used for such outreach. 4. MedPAC report on the furnishing of advance care planning services and the use of advance care planning codes under the Medicare program (a) Study The Medicare Payment Advisory Commission (in this paragraph referred to as the Commission ) shall conduct a study on advance care planning under the Medicare program under title XVIII of the Social Security Act. Such study shall include an analysis of— (1) the furnishing of advance care planning services to Medicare beneficiaries, including— (A) which providers are trained to provide such services; (B) which providers are eligible to provide such services under the Medicare program; (C) the length and frequency of the visits for furnishing such services; and (D) any barriers related to providers furnishing, or beneficiaries being furnished, such services; (2) the use of advance care planning Current Procedural Terminology (CPT) codes to bill for the furnishing of advance care planning services to Medicare beneficiaries, including— (A) circumstances under which codes other than advance care planning CPT codes are used to bill for such services under the Medicare program and why providers do not use advance care planning CPT codes; and (B) any barriers to providers using advance care planning CPT codes to bill for such services under the Medicare program; and (3) such other items determined appropriate by the Commission. (b) Report (1) In general Not later than June 30, 2024, the Commission shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s4873is/xml/BILLS-117s4873is.xml |
117-s-4874 | II 117th CONGRESS 2d Session S. 4874 IN THE SENATE OF THE UNITED STATES September 15, 2022 Ms. Stabenow (for herself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish an Early Federal Pell Grant Commitment Program.
1. Short title This Act may be cited as the Early Pell Promise Act . 2. Early Federal Pell Grant Commitment Program Subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ) is amended by adding at the end the following: 401B. Early Federal Pell Grant Commitment Program (a) Program authority The Secretary is authorized to carry out an Early Federal Pell Grant Commitment Program (referred to in this section as the Program ) under which the Secretary shall— (1) award grants to States to pay the administrative expenses incurred in participating in the Program; and (2) make a commitment to award Federal Pell Grants to eligible students in accordance with this section. (b) Program requirements The Program shall meet the following requirements: (1) Eligible students (A) In general A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student— (i) is in any of grades 8 through 12; and (ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (2) Federal Pell Grant commitment (A) In general Except as provided in subparagraph (B), each eligible student who participates in the Program shall receive a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student, if the student— (i) applies for Federal financial aid (via the Free Application for Federal Student Aid under section 483 (referred to in this section as FAFSA )) for the award year that the student will be in attendance at an institution of higher education; and (ii) enrolls at such institution of higher education— (I) not later than 1 year after such student receives a secondary school diploma or its recognized equivalent; or (II) if such student becomes a member of the Armed Forces, not later than 3 years after such student is discharged, separated, or released from the Armed Forces. (B) Continued eligibility (i) In general If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) at the time of the FAFSA application described in subparagraph (A)(i), then such student shall not receive a Federal Pell Grant pursuant to the commitment under this section for the academic year, unless the student, at the time of such FAFSA application, is a member of a household that is eligible for benefits under— (I) the supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (II) a State program funded 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. ); (III) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); or (IV) a means-tested Federal benefit program, not described in subclause (I), (II), or (III), that is determined appropriate by the Secretary. (ii) Eligibility for other aid A student who does not receive a Federal Pell Grant pursuant to the commitment under this section because such student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. (C) Identification The Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). (3) Applicability of Federal Pell Grant requirements The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program, the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution or student aid index, as applicable, equal to zero. (c) State applications (1) In general Each State desiring to participate in the Program shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents Each application shall include— (A) a description of the proposed targeted information campaign for the Program and a copy of the plan described in subsection (e)(2); (B) an assurance that the State will fully cooperate with the ongoing evaluation of the Program; (C) a description of how the State will— (i) encourage participating students to enroll in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level; (ii) increase the number of participating students who— (I) obtain a secondary school diploma; and (II) complete applications for and enroll in a program of postsecondary education; (iii) introduce participating students to institutions of higher education, through trips and school-based sessions; (iv) provide participating students with assistance in the admissions and application process for institutions of higher education or other postsecondary education programs; and (v) ensure that each participating student has an educational development plan; and (D) such other information as the Secretary may require. (3) Educational development plan In this subsection, the term educational development plan means an individualized plan for a student that— (A) contains a series of steps to help promote the student's career awareness and exploration; and (B) assists students in identifying— (i) career and technical education programs or programs of study (as those terms are defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ), as in effect on July 1, 2019); or (ii) other postsecondary options, including baccalaureate and subbaccalaureate degree programs. (d) Evaluation (1) In general From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. (2) Competitive basis The grant or contract shall be awarded on a competitive basis. (3) Matters evaluated The evaluation described in this subsection shall consider metrics established by the Secretary that emphasize access to and success in institutions of higher education, encouraging low-income students to pursue higher education, and the cost effectiveness of the program. (4) Dissemination The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. (e) Targeted information campaign (1) In general Each State receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the Program. (2) Plan Each State receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. The plan shall include the following: (A) Outreach Outreach to students and their families, at a minimum, at the beginning and end of each academic year. (B) Distribution How the State plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). (C) Information The annual provision by the State to all students and families participating in the Program of information regarding— (i) the estimated national and statewide average higher education institution cost data for each academic year, which cost data shall be disaggregated by— (I) type of institution, including— (aa) 2-year public institutions of higher education; (bb) 4-year public institutions of higher education; (cc) 4-year private institutions of higher education; and (dd) private, for-profit institutions of higher education; and (II) component, including— (aa) tuition and fees; and (bb) room and board; (ii) Federal Pell Grants, including— (I) the maximum Federal Pell Grant for each academic year; (II) when and how to apply for a Federal Pell Grant; and (III) what the application process for a Federal Pell Grant requires; (iii) State-specific postsecondary education savings programs; (iv) State-based financial aid, including State-based merit aid; (v) Federal financial aid available to students, including eligibility criteria for the Federal financial aid and an explanation of the Federal financial aid programs; and (vi) financial aid that may be available from non-governmental sources. (3) Annual information The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. (4) Reservation Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary. . | https://www.govinfo.gov/content/pkg/BILLS-117s4874is/xml/BILLS-117s4874is.xml |
117-s-4875 | II 117th CONGRESS 2d Session S. 4875 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mrs. Blackburn (for herself and Mr. Hagerty ) 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 establish a grant program for law enforcement agencies, and for other purposes.
1. Short title This Act may be cited as the Restoring Law and Order Act . 2. Grant program Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following: PP 3061. Definitions In this part: (1) Eligible entity The term eligible entity means an agency of a State, unit of local government, or Indian Tribe that is authorized by law or by an agency of a State, unit of local government, or Indian Tribe to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (2) Rural county The term rural county means a county that is not a part of a metropolitan statistical area (as defined by the Director of the Office of Management and Budget). 3062. Establishment (a) In general The Attorney General shall award grants to eligible entities to— (1) hire and retain law enforcement officers; (2) combat interstate child trafficking; (3) prevent violent crime by prioritizing stringent sentences for repeat offenders; (4) use public safety tools such as bail and pretrial detention to prevent dangerous offenders from returning to communities; (5) acquire resources to better target drug and fentanyl crimes; (6) detain and deport illegal aliens who have committed criminal offenses in the United States; and (7) eliminate investigatory backlogs and more quickly process criminal evidence. (b) Distribution of funds Of the amounts appropriated to carry out this part, the Attorney General shall award not less than 25 percent to eligible entities located in a rural county. 3063. Appropriations (a) IRS funding (1) Rescission Effective on the date of enactment of the Restoring Law and Order Act , any unobligated balances made available under clauses (ii) and (iii) of section 10301(1)(A) of the Act titled An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14 are rescinded. (2) Appropriation Of the unobligated balances rescinded under paragraph (1)— (A) $9,500,000,000 is appropriated to the Attorney General for fiscal year 2023 to carry out this part, to remain available until September 30, 2027; and (B) the remainder shall be deposited in the Treasury. (b) Unemployment Trust Fund (1) Rescission Effective on the date of enactment of the Restoring Law and Order Act , any unobligated balances in the Employment Trust Fund established under section 904(a) of the Social Security Act ( 42 U.S.C. 1104(a) ) are rescinded. (2) Appropriation Of the unobligated balances rescinded under paragraph (1)— (A) $500,000,000 is appropriated to the Attorney General for fiscal year 2023 to carry out this part, to remain available until September 30, 2027; and (B) the remainder shall be deposited in the Treasury. . 3. GAO study Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the deficiencies— (1) of law enforcement agencies in the United States in processing rape kits; and (2) in the availability of rape kits. | https://www.govinfo.gov/content/pkg/BILLS-117s4875is/xml/BILLS-117s4875is.xml |
117-s-4876 | II 117th CONGRESS 2d Session S. 4876 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Rubio (for himself, Mr. Cotton , Mr. Scott of Florida , Mr. Hagerty , Mr. Wicker , Ms. Ernst , Mr. Cassidy , Mr. Cornyn , Mr. Braun , Mr. Cruz , Mr. Hawley , Mrs. Blackburn , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To punish the distribution of fentanyl resulting in death as felony murder.
1. Short title This Act may be cited as the Felony Murder for Deadly Fentanyl Distribution Act . 2. Fentanyl distribution resulting in death punished as felony murder Section 1111 of title 18, United States Code, is amended— (1) in subsection (a), by inserting , distributing fentanyl after child abuse ; (2) in subsection (b)— (A) by striking (b) Within and inserting (b) (1) Within ; and (B) by adding at the end the following: (2) Whoever is guilty of murder in the first degree by distributing fentanyl shall be punished by death or by imprisonment for life. ; and (3) in subsection (c)— (A) by redesignating paragraphs (4) through (6) as paragraphs (6) through (8), respectively; and (B) by inserting after paragraph (3) the following: (4) the terms controlled substance , distribute , and distributor have the meanings given the terms in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); (5) distributing fentanyl means to distribute a controlled substance— (A) involving 2 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or .5 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; (B) that results in death from the use of such mixture or substance; and (C) knowing or having reason to know contains a detectable amount of such mixture or substance. . | https://www.govinfo.gov/content/pkg/BILLS-117s4876is/xml/BILLS-117s4876is.xml |
117-s-4877 | II 117th CONGRESS 2d Session S. 4877 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Merkley (for himself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend Public Law 91–378 to authorize activities relating to Civilian Conservation Centers, and for other purposes.
1. Short title This Act may be cited as the Civilian Conservation Center Enhancement Act of 2022 . 2. Civilian Conservation Centers Public Law 91–378 ( 16 U.S.C. 1701 et seq. ) is amended by adding at the end the following: III Civilian Conservation Centers 301. Definitions In this title: (1) Civilian Conservation Center The term Civilian Conservation Center means any residential workforce development or training facility for disadvantaged youth operated by the Department of the Interior or the Department of Agriculture on Federal land. (2) Covered graduate The term covered graduate means an individual who successfully completed a training program at a Civilian Conservation Center. (3) Covered student The term covered student means an individual who is enrolled in a training program at a Civilian Conservation Center. (4) Secretaries The term Secretaries means— (A) the Secretary of Agriculture; and (B) the Secretary of the Interior. 302. Civilian Conservation Centers Wildfire and Conservation Training Program (a) Specialized training programs The Secretaries, in coordination with the Secretary of Labor, shall offer at Civilian Conservation Centers specialized training programs focused on— (1) forestry and rangeland management; (2) wildland firefighting; or (3) any other topic relating to the mission of the Forest Service or the Department of the Interior or the public interest. (b) Prioritization The Secretaries shall prioritize offering specialized training programs under subsection (a) at facilities described in section 147(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3197(d) ). 303. Wildland Firefighting Workforce Development Pilot (a) In general (1) Experiment, research, or demonstration pilots The Secretaries, in coordination with the Secretary of Labor, may carry out experimental, research, or demonstration pilots to provide career and technical education curricula and course offerings to advance the missions of the Department of the Interior and the Department of Agriculture at Civilian Conservation Centers, including facilities described in section 147(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3197(d) ), on Federal land west of the 100th meridian. (2) Curricula and courses Curricula and courses described in paragraph (1) include— (A) incident management and emergency response logistics; (B) disaster response; (C) forest products measurement; (D) timber sale administration and preparation; (E) heavy equipment operation; (F) equipment and mechanical services; (G) industrial electrical; (H) machining; (I) mill operations; (J) forest restoration; (K) habitat and water quality monitoring; (L) watershed and habitat enhancement; (M) range management; (N) recreation access improvement; (O) visitor services; and (P) historic preservation. (b) Requirements In carrying out subsection (a), the Secretaries shall— (1) identify workforce needs in public land agencies, forest, conservation, and recreation industries, and rural communities, after consulting with State governments and agencies, Federal emergency management and public land agencies, local communities, and Indian Tribes; (2) develop marketing and recruitment materials for the curricula and courses offerings provided under subsection (a); and (3) provide specialized staff necessary to teach curricula and courses offerings provided under subsection (a), to the extent practicable. 304. Wildland firefighting workforce enhancement (a) Recruitment goals and investments (1) Recruitment goal The Secretaries— (A) shall each set a goal of hiring 300 covered graduates annually to contribute to wildland firefighting or other critical workforce needs; and (B) may make investments to support the recruitment, training, hiring, and retention of covered graduates. (2) Signing bonus The Secretaries may provide for a signing bonus to enable the successful employment and transition of covered graduates, including for the purpose of securing housing in rural and remote communities. (b) Direct hire authority For fiscal year 2023 and each fiscal year thereafter, the Secretaries may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a covered graduate directly to a position for which the covered graduate meets Office of Personnel Management qualification standards. (c) Pathways to employment The Secretaries shall ensure that appropriate career pathways are developed for covered graduates of relevant Civilian Conservation Center training programs. (d) Disadvantaged youth employment Notwithstanding any other provision of law, the Secretaries may employ or otherwise contract with covered students at regular rates of pay for necessary hours of work. 305. Wildland firefighting housing pilot program (a) In general The Secretaries shall establish a pilot program to employ covered students to improve and expand the housing stock owned by the Federal Government for the purpose of housing wildland firefighters and other agency employees. (b) Requirements In carrying out the pilot program under subsection (a), the Secretaries shall— (1) identify properties currently owned by the Federal Government that would be appropriate housing for wildland firefighters and other agency employees; (2) identify areas where the construction of new housing described in paragraph (1) would be appropriate and sustainable; and (3) submit to Congress a prioritized list of projects for renovation with a plan for how the Secretaries will employ covered students to repair, renovate, and remediate the properties identified under paragraph (1). 306. Report Not later than 1 year after the date of enactment of this title, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report— (1) describing underutilized capacity at Civilian Conservation Centers, based on an assessment conducted by the Secretaries; and (2) identifying the investments, improvements, and efficiencies necessary to utilize the full capacity of Civilian Conservation Centers. . | https://www.govinfo.gov/content/pkg/BILLS-117s4877is/xml/BILLS-117s4877is.xml |
117-s-4878 | II 117th CONGRESS 2d Session S. 4878 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend title VI of the Social Security Act to improve the Local Assistance and Tribal Consistency Fund, and for other purposes.
1. Short title This Act may be cited as the Secure Rural and Tribal Lands Act . 2. Local Assistance and Tribal Consistency Fund (a) In general Section 605 of the Social Security Act ( 42 U.S.C. 805 ) is amended— (1) in subsection (a), by striking with amounts to be obligated and all that follows through the period and inserting for making payments under this section to eligible revenue sharing recipients, eligible Tribal governments, and territories, with amounts to be allocated and paid in accordance with subsection (b) not later than December 31, 2022. ; and (2) by striking subsections (b) through (f) and inserting the following: (b) Authority To make payments (1) Allocations and payments to eligible revenue sharing recipients (A) Revenue sharing counties (i) Allocations The Secretary shall reserve $1,485,000,000 of the total amount appropriated under subsection (a) to allocate to each revenue sharing county an amount determined by the Secretary, taking into account— (I) the amount of entitlement land and Federal land in each revenue sharing county; and (II) the economic conditions of each revenue sharing county, using such measurements of poverty, household income, and unemployment over the most recent 20-year period as of September 30, 2021, to the extent data are available, as well as other economic indicators as the Secretary determines appropriate. (ii) Payments Subject to subparagraph (B)(ii), the Secretary shall pay each revenue sharing county that is an eligible revenue sharing county the amount determined for the county under clause (i). (B) Special rules (i) Revenue sharing counties with limited government functions In the case of an amount allocated to a revenue sharing county under subparagraph (A) that is a county with limited government functions, the Secretary shall, from such amount, allocate and pay to each eligible revenue sharing local government within such county an amount determined by the Secretary, taking into account the amount of entitlement land and Federal land in the eligible revenue sharing local government and the population of the eligible revenue sharing local government relative to the total population of such county with limited government functions. (ii) Eligible revenue sharing county in Alaska In the case of the eligible revenue sharing county described in subsection (f)(3)(C), the Secretary shall pay the amount allocated to such eligible revenue sharing county under subparagraph (A) to the State of Alaska and the State of Alaska shall distribute from such payment, payments to home rule cities and general law cities (as such cities are defined by the State) located within the boundaries of the eligible revenue sharing county described in subsection (f)(3)(C). (C) Pro rata adjustment authority The amounts otherwise determined for allocation and payment under subparagraphs (A) and (B) may be adjusted by the Secretary on a pro rata basis to the extent necessary to ensure that all available funds are allocated and paid to eligible revenue sharing recipients in accordance with the requirements specified in each such subparagraph. (2) Allocations and payments to eligible Tribal governments The Secretary shall reserve $500,000,000 of the total amount appropriated under subsection (a) to allocate and pay to eligible Tribal governments amounts that are determined by the Secretary taking into account economic conditions of each eligible Tribe. (3) Allocations and payments to territories The Secretary shall reserve $15,000,000 of the total amount appropriated under subsection (a) to allocate and pay to each territory an amount which bears the same proportion to the amount reserved under this paragraph as the population of the territory bears to the total population of all the territories. (c) Use of payments An eligible revenue sharing recipient, an eligible Tribal government, or a territory may use funds provided under a payment made under this section for any governmental purpose other than a lobbying activity. (d) Reporting requirement Each eligible revenue sharing recipient and each territory that receives a payment under this section shall submit to the Secretary periodic reports providing a detailed accounting of the use of funds by the eligible revenue sharing recipient or territory, as applicable, and such other information as the Secretary may require for the administration of this section. (e) Recoupment Any eligible revenue sharing recipient or any territory that has failed to submit a report required under subsection (d) or failed to comply with subsection (c), shall be required to repay to the Secretary an amount equal to— (1) in the case of a failure to comply with subsection (c), the amount of funds used in violation of such subsection; and (2) in the case of a failure to submit a report required under subsection (d), such amount as the Secretary determines appropriate, but not to exceed 5 percent of the amount paid to the eligible revenue sharing recipient or the territory under this section. (f) Definitions In this section: (1) County The term county means a county, parish, borough, or other equivalent county division (as defined by the Bureau of the Census) in 1 of the 50 States. (2) County with limited government functions The term county with limited government functions means a county in which entitlement land or Federal land is located that is not an eligible revenue sharing county. (3) Eligible revenue sharing county The term eligible revenue sharing county means— (A) a unit of general local government (as defined in section 6901(2) of title 31, United States Code) that is— (i) a county in which entitlement land is located and which is eligible for a payment under section 6902(a) of title 31, United States Code; or (ii) a county that contains Federal land; (B) the District of Columbia; and (C) the combined area in Alaska that is within the boundaries of a census area used by the Secretary of Commerce in the decennial census, but that is not included within the boundary of a unit of general local government described in subparagraph (A). (4) Eligible revenue sharing local government The term eligible revenue sharing local government means a unit of general local government (as defined in section 6901(2) of title 31, United States Code) that is not a county or territory and— (A) in which entitlement land is located and which is eligible for a payment under section 6902(a) of title 31, United States Code; or (B) in which Federal land is located. (5) Eligible revenue sharing recipients The term eligible revenue sharing recipients means, collectively, eligible revenue sharing counties and eligible revenue sharing local governments. (6) Eligible tribal government The term eligible Tribal government means the recognized governing body of an eligible Tribe. (7) Eligible tribe The term eligible Tribe means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published on January 28, 2022, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994. (8) Entitlement land The term entitlement land has the meaning given such term in section 6901(1) of title 31, United States Code. (9) Federal land The term Federal land has the meaning given such term in section 3(7) of the Secure Rural Schools and Community Self-Determination Act of 2000. (10) Revenue sharing county The term revenue sharing county means— (A) an eligible revenue sharing county; or (B) a county with limited government functions. (11) Secretary The term Secretary means the Secretary of the Treasury. (12) Territory The term territory means— (A) the Commonwealth of Puerto Rico; (B) the United States Virgin Islands; (C) Guam; (D) the Commonwealth of the Northern Mariana Islands; or (E) American Samoa. . (b) Department of the Treasury administrative expenses (1) In general Notwithstanding any other provision of law, the unobligated balances from amounts made available to the Secretary of the Treasury (referred to in this subsection as the Secretary ) for administrative expenses pursuant to the provisions specified in paragraph (2) shall be available to the Secretary (in addition to any other appropriations provided for such purpose) for any administrative expenses of the Department of the Treasury determined by the Secretary to be necessary to respond to the coronavirus emergency, including any expenses necessary to implement any provision of— (A) the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ); (B) division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ); (C) the American Rescue Plan Act ( Public Law 117–2 ); or (D) title VI of the Social Security Act ( 42 U.S.C. 801 et seq. ). (2) Provisions specified The provisions specified in this paragraph are the following: (A) Sections 4003(f) and 4112(b) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ). (B) Section 421(f)(2) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and 7301(b)(5) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (D) Section 602(a)(2) of the Social Security Act ( 42 U.S.C. 802(a)(2) ). | https://www.govinfo.gov/content/pkg/BILLS-117s4878is/xml/BILLS-117s4878is.xml |
117-s-4879 | II 117th CONGRESS 2d Session S. 4879 IN THE SENATE OF THE UNITED STATES September 19, 2022 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 Federal Credit Union Act to permit credit unions to serve certain underserved areas, and for other purposes.
1. Short title This Act may be cited as the Expanding Financial Access for Underserved Communities Act . 2. Credit union service to underserved areas Section 109 of the Federal Credit Union Act ( 12 U.S.C. 1759 ) is amended— (1) in subsection (c)(2)— (A) by striking the field of membership category of which is described in subsection (b)(2), ; (B) by amending subparagraph (A) to read as follows: (A) the Board determines that the local community, neighborhood, or rural district is an underserved area; and ; and (C) in subparagraph (B), by inserting not later than 2 years after having such underserved area added to the credit union’s charter, before the credit union ; and (2) by adding at the end the following: (h) Change of field of membership To include underserved areas (1) In general If an existing Federal credit union applies to the Board to alter or expand the field of membership of the credit union to serve an underserved area, the credit union shall submit a business and marketing plan with such application that explains the ability and intent of the credit union to serve the population of the underserved area through the change in field of membership. (2) Report by credit union Not later than 2 years after the date on which an application described under paragraph (1) is approved, the credit union, as part of the ordinary course of the examination cycle and supervision process, shall submit a report to the Administration that includes— (A) an estimate of the number of members of the credit union who are members by reason of the application, including breakdowns by each State (including the District of Columbia and each territory of the United States), Tribal government entity, and congressional district; (B) a description of the types of financial services utilized by members of the credit union who are members by reason of the application; (C) an update of the implementation of the credit union of the business and marketing plan described under paragraph (1); and (D) a description of the types of financial education programs made available to members of the credit union, including those who are members by reason of the application and those in rural areas, where applicable. . 3. Member business lending in underserved areas Section 107A(c)(1)(B) of the Federal Credit Union Act ( 12 U.S.C. 1757a(c)(1)(B) ) is amended— (1) in clause (iv), by striking or at the end; (2) in clause (v), by striking the period and inserting ; or ; and (3) by adding at the end the following: (vi) that is made to a member or associated borrower that lives in or operates in an underserved area. . 4. Underserved area defined Section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ) is amended— (1) in paragraph (8), by striking ; and and inserting a period; (2) in paragraph (9), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) the term underserved area means a geographic area consisting of 1 or more population census tracts or 1 or more counties, that encompass or are located within— (A) an investment area, as defined in section 103(16) of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702(16) ); (B) groups of contiguous census tracts in which at least 85 percent individually qualify as low-income communities, as defined in section 45D(e) of the Internal Revenue Code of 1986; or (C) an area that is more than 10 miles, as measured from each point along the perimeter of the area, from the nearest branch of a depository institution, as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ) or credit union. . 5. Reports by the National Credit Union Administration (a) Initial report During the 1-year period beginning on the date that is 2 years after the date of enactment of this Act, the National Credit Union Administration shall submit 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 on the implementation of the amendments made by this Act. (b) Update On the date that is 5 years after the date on which the report required under subsection (a) is submitted, the National Credit Union Administration shall submit to the committees described that subsection an updated report. 6. Rule of construction Nothing in this Act or the amendments made by this Act may be construed to prevent or otherwise impede the ability of insured depository institutions, as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ) to establish branches and provide banking services in underserved areas. | https://www.govinfo.gov/content/pkg/BILLS-117s4879is/xml/BILLS-117s4879is.xml |
117-s-4880 | II 117th CONGRESS 2d Session S. 4880 IN THE SENATE OF THE UNITED STATES September 19, 2022 Ms. Duckworth (for herself, Ms. Hirono , and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Bottles and Breastfeeding Equipment Screening Act to require hygienic handling of breast milk and baby formula by security screening personnel of the Transportation Security Administration and personnel of private security companies providing security screening, and for other purposes.
1. Short title This Act may be cited as the Bottles and Breastfeeding Equipment Screening Enhancement Act . 2. Hygienic handling of breast milk and baby formula during aviation security screening The Bottles and Breastfeeding Equipment Screening Act ( Public Law 114–293 ) is amended by adding at the end the following new sections: 3. Hygienic handling of breast milk and baby formula during aviation security screening Not later than 90 days after the date of the enactment of this section and every five years thereafter, if appropriate, the Administrator of the Transportation Security Administration shall issue or update, as the case may be, guidance to minimize the risk for contamination of any breast milk, baby formula, purified deionized water for infants, and juice (as well as ice packs, freezer packs, frozen gel packs and other accessories required to cool breast milk, baby formula, and juice) that is subject to re-screening or otherwise subject to additional screening. Such guidance shall— (1) be developed in consultation with nationally recognized maternal health organizations; (2) ensure adherence to hygienic standards, as established by the Administrator, in consultation with nationally recognized maternal health organizations; (3) ensure that, when any such re-screening or additional screening requires additional testing, such testing so adheres to such standards, to so minimize such risk; and (4) apply to security screening personnel of the Administration and personnel of private security companies providing security screening pursuant to section 44920 of title 49, United States Code. 4. Inspector General audit Not later than one year after the date of the enactment of this section, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing an audit of compliance with the requirements of sections 2 and 3. Such audit shall also include information relating to the effect of various types of screening technologies, including bottled liquid scanners, on the screening of breast milk, baby formula, purified deionized water for infants, and juice (as well as ice packs, freezer packs, frozen gel packs and other accessories required to cool breast milk, baby formula, and juice) that is subject to re-screening or otherwise subject to additional screening, and the rate at which such items are denied entry into the sterile area (as such term is defined in section 1540.5 of title 49, Code of Federal Regulations). . | https://www.govinfo.gov/content/pkg/BILLS-117s4880is/xml/BILLS-117s4880is.xml |
117-s-4881 | II 117th CONGRESS 2d Session S. 4881 IN THE SENATE OF THE UNITED STATES September 19, 2022 Mr. Marshall (for himself and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to include requirements relating to graduates of career and technical education programs or programs of study for small business development centers and women’s business centers, and for other purposes.
1. Short title This Act may be cited as the Supporting Small Business and Career and Technical Education Act of 2022 . 2. Inclusion of career and technical education (a) Definition Section 3 of the Small Business Act ( 15 U.S.C. 632 ) is amended by adding at the end the following: (gg) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). . (b) Small business development centers Section 21(c)(3) of the Small Business Act ( 15 U.S.C. 648(c)(3) ) is amended— (1) in subparagraph (T), by striking and at the end; (2) in clause (v) of the first subparagraph (U) (relating to succession planning), by striking the period at the end and inserting a semicolon; (3) by redesignating the second subparagraph (U) (relating to training on domestic and international intellectual property protections) as subparagraph (V); (4) in subparagraph (V)(ii)(II), as so redesignated, by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: (W) assisting small business concerns in hiring graduates from career and technical education programs or programs of study; and (X) assisting graduates of career and technical education programs or programs of study in starting up a small business concern. . (c) Women’s business centers Section 29(b) of the Small Business Act ( 15 U.S.C. 656(b) ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (4) assistance for small business concerns to hire graduates from career and technical education programs or programs of study; and (5) assistance for graduates of career and technical education programs or programs of study to start up a small business concern. . | https://www.govinfo.gov/content/pkg/BILLS-117s4881is/xml/BILLS-117s4881is.xml |
117-s-4882 | II 117th CONGRESS 2d Session S. 4882 IN THE SENATE OF THE UNITED STATES September 19, 2022 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for the United States Fire Administration and firefighter assistance grant programs.
1. Short title This Act may be cited as the Fire Grants and Safety Act . 2. Reauthorization of the United States Fire Administration Section 17(g)(1) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2216(g)(1) ) is amended— (1) in subparagraph (L), by striking and ; (2) in subparagraph (M), by striking the period and inserting ; and ; and (3) by adding at the end the following: (N) $95,000,000 for each of fiscal years 2024 through 2030, of which $3,420,000 for each such fiscal year shall be used to carry out section 8(f). . 3. Reauthorization of assistance to firefighters grants program and the fire prevention and safety grants program (a) Repeal of sunset Section 33 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 ) is amended by striking subsection (r). (b) Authorization of appropriations Section 33(q)(1)(B) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229(q)(1)(B) ) is amended, in the matter preceding clause (i), by striking 2023 and inserting 2030 . 4. Reauthorization of staffing for adequate fire and emergency response grant program (a) Repeal of sunset Section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ) is amended by striking subsection (k). (b) Authorization of appropriations Section 34(j)(1)(I) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a(j)(1)(I) ) is amended, in the matter preceding clause (i), by striking 2023 and inserting 2030 . | https://www.govinfo.gov/content/pkg/BILLS-117s4882is/xml/BILLS-117s4882is.xml |
117-s-4883 | II 117th CONGRESS 2d Session S. 4883 IN THE SENATE OF THE UNITED STATES September 19, 2022 Ms. Hirono introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To require the Secretary of the Interior to partner and collaborate with the Secretary of Agriculture and the State of Hawaii to address Rapid Ohia Death, and for other purposes.
1. Short title This Act may be cited as the Continued Rapid Ohia Death Response Act of 2022 . 2. Findings Congress finds that— (1) the fungus Ceratocystis, known as Rapid Ohia Death , has killed more than 1,000,000 native trees in the State; and (2) the Secretary of Agriculture, acting through the Chief of the Forest Service and the Administrator of the Agricultural Research Service, has provided funding and staff— (A) to identify and detect Rapid Ohia Death; (B) to prevent the spread of Rapid Ohia Death; (C) to identify Ohia trees that are resistant to Rapid Ohia Death; and (D) to propagate trees that are resistant to Rapid Ohia Death in order to restore the native forests of the State. 3. Definitions In this Act: (1) Rapid Ohia Death The term Rapid Ohia Death means the fungus described in section 2(1) that has killed more than 1,000,000 native trees in the State. (2) State The term State means the State of Hawaii. 4. Collaboration The Secretary of the Interior shall partner and collaborate with the Secretary of Agriculture and the State to address Rapid Ohia Death. 5. Sustained efforts (a) Transmission The Secretary of the Interior, acting through the Director of the United States Geological Survey, shall continue to conduct research on Rapid Ohia Death vectors and transmission. (b) Ungulate management The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall continue to partner with the State and with local stakeholders to manage ungulates in Rapid Ohia Death control areas on Federal, State, and private land. (c) Restoration and research The Secretary of Agriculture, acting through the Chief of the Forest Service, shall continue to provide— (1) financial assistance, including to the Secretary of the Interior— (A) to prevent the spread of Rapid Ohia Death; and (B) to restore the native forests of the State; and (2) staff and necessary infrastructure funding to the Institute of Pacific Islands Forestry to conduct research on Rapid Ohia Death. 6. Authorization of appropriations For each of fiscal years 2023 through 2033, there is authorized to be appropriated $5,000,000 to carry out this Act, including for activities carried out by the Secretary of the Interior, the Secretary of Agriculture, or both. | https://www.govinfo.gov/content/pkg/BILLS-117s4883is/xml/BILLS-117s4883is.xml |
117-s-4884 | II 117th CONGRESS 2d Session S. 4884 IN THE SENATE OF THE UNITED STATES September 19, 2022 Ms. Hirono 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 the Interior, in coordination with the Secretary of Agriculture, to establish a joint natural infrastructure science program, and for other purposes.
1. Short title This Act may be cited as the Natural Infrastructure Act of 2022 . 2. Findings Congress finds that— (1) the American Society of Civil Engineers has estimated that the direct, cumulative repair needs for public infrastructure in the United States is $4,600,000,000,000; and (2) installing natural infrastructure is often lower-cost, more resilient, and more beneficial to the public than repairing or replacing gray infrastructure. 3. Definitions In this Act: (1) Natural infrastructure The term natural infrastructure means constructed landscape features and systems that employ nature-based solutions that promote, use, restore, or emulate natural ecological processes. (2) Program The term Program means the joint natural infrastructure science program established under section 4(a). (3) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey. 4. Joint natural infrastructure science program (a) Establishment The Secretary, in coordination with the Secretary of Agriculture, acting through the Chief of the Forest Service, shall establish a joint natural infrastructure science program to respond to the emerging research needs of civil engineers, local governments, developers, and the construction industry. (b) Coordination In administering the Program, the Secretary shall work closely with research programs at institutions of higher education to supplement the current research efforts undertaken by those institutions of higher education. (c) Purposes The principal purposes of the Program shall be— (1) to provide, with respect to natural infrastructure, practical research that— (A) is responsive to the needs of civil engineers, local governments, developers, and the construction industry; and (B) takes into account, to the maximum extent practicable, local cultural considerations; (2) to engage with and listen to clients of the Program, including civil engineers, local governments, developers, and the members of the construction industry— (A) to learn the needs of those clients; and (B) to develop focused, strategic lines of new research responsive to those needs; (3) (A) to solicit proposals from scientists for funding provided under the Program; and (B) to award funding to those scientists through a competitive, rigorous peer-review process that is designed to ensure that the best projects are funded; and (4) to disseminate research findings, including associated environmental valuations, using a suite of communication tools to ensure that civil engineers, local governments, developers, and members of the construction industry are aware of, understand, and can use the information to make sound decisions and implement projects. (d) Program plan Not later than September 30, 2023, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a Program plan that includes— (1) an assessment of the current state of knowledge about natural infrastructure; (2) an integrated approach to improve knowledge sharing; (3) an approach for project monitoring and evaluation; and (4) an approach for setting research priorities. (e) Stakeholder advisory group (1) Membership The Secretary shall establish a stakeholder advisory group consisting of technical experts, including, at a minimum, 5 individuals selected from among the following potential members: (A) A representative of a local government. (B) A developer. (C) A representative of a construction industry association or construction company. (D) A civil engineer or environmental engineer. (E) A researcher from an institution of higher education. (F) A member of an Alaska Native organization, a Native Hawaiian organization, or an Indian Tribe (as those terms are defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )) with experience with natural infrastructure. (G) An environmental scientist. (2) Duties The stakeholder advisory group established under paragraph (1) shall meet not less frequently than annually— (A) to consider both immediate and long-term scientific needs with respect to research relating to natural infrastructure; (B) to suggest to the Secretary appropriate topic areas for research relating to natural infrastructure, specific issues to be researched within those topic areas, and information transfer needs for which the Secretary shall solicit proposals in accordance with subsection (c)(3); and (C) to assist the Secretary in drafting the Program plan described in subsection (d). (f) Authorization of appropriations For each of fiscal years 2023 through 2033, there is authorized to be appropriated to carry out this section $4,000,000, including for activities to be carried out by the Secretary and the Secretary of Agriculture under this section. 5. Assessment of natural infrastructure projects (a) Evaluation Subject to the availability of appropriations, beginning in fiscal year 2023, the Secretary shall annually— (1) select not fewer than 30 natural infrastructure projects completed under the Program or by any other entity or individual in the United States; and (2) assess the costs and effectiveness of those natural infrastructure projects. (b) Geographic and project diversity The Secretary, to the maximum extent practicable, shall select natural infrastructure projects under subsection (a)(1) that, taken together, reflect a diversity of— (1) geographic locations; and (2) types of natural infrastructure. (c) Report Beginning in fiscal year 2024, and annually thereafter, the Secretary shall publish a report that— (1) lists the natural infrastructure projects selected under subsection (a)(1); (2) discloses— (A) the costs of those natural infrastructure projects; and (B) the results of the assessment of the effectiveness of those natural infrastructure projects carried out under subsection (a)(2); and (3) if applicable, includes recommendations to improve the construction, costs, and effectiveness of future natural infrastructure projects. | https://www.govinfo.gov/content/pkg/BILLS-117s4884is/xml/BILLS-117s4884is.xml |
117-s-4885 | 117th CONGRESS 2d Session S. 4885 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Violent Crime Control and Law Enforcement Act of 1994, to reauthorize the Missing Americans Alert Program.
1. Short title This Act may be cited as the Kevin and Avonte's Law Reauthorization Act of 2022 . 2. Reauthorization of the Missing Americans Alert Program Section 240001(d) of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12621(d) ) is amended by striking 2018 through 2022 and inserting 2023 through 2027 .
Passed the Senate September 22, 2022. Secretary | https://www.govinfo.gov/content/pkg/BILLS-117s4885es/xml/BILLS-117s4885es.xml |
117-s-4886 | II 117th CONGRESS 2d Session S. 4886 IN THE SENATE OF THE UNITED STATES September 20, 2022 Ms. Klobuchar (for herself, Mr. Wyden , Mr. Markey , Mr. Merkley , Ms. Warren , Mr. Casey , Ms. Smith , Mr. Sanders , Mr. Van Hollen , Mr. Blumenthal , Mrs. Gillibrand , Mr. King , Ms. Hirono , Mr. Booker , Mr. Murphy , Mr. Kaine , Mr. Menendez , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the National Voter Registration Act of 1993 to clarify that a State may not use an individual’s failure to vote as the basis for initiating the procedures provided under such Act for the removal of the individual from the official list of registered voters in the State on the grounds that the individual has changed residence, and for other purposes.
1. Short title This Act may be cited as the Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act or the Save Voters Act . 2. Purpose The purposes of this Act are— (1) to prohibit States from removing individuals from an official list of registered voters due to changes in residence; and (2) to protect the right to vote by allowing voters who are automatically registered or had previously registered to vote in a State to update their address through the day of the election. 3. Conditions for removal of voters from list of registered voters (a) Conditions described The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) is amended by inserting after section 8 the following new section: 8A. Conditions for removal of voters from official list of registered voters (a) Verification on basis of objective and reliable evidence of ineligibility (1) Requiring verification Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. (2) Factors not considered as objective and reliable evidence of ineligibility For purposes of paragraph (1), except as permitted under section 8(d) after a notice described in paragraph (2) of such section has been sent, the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant’s ineligibility to vote: (A) The failure of the registrant to vote in any election. (B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. (C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant’s status as a registrant. (3) Removal based on official records (A) In general Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has— (i) died; or (ii) permanently moved out of the State and is no longer eligible to vote in the State. (B) Opportunity to demonstrate eligibility The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. (b) Notice after removal (1) Notice to individual removed (A) In general Not later than 48 hours after a State removes the name of a registrant from the official list of eligible voters, the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. (B) Exceptions Subparagraph (A) does not apply in the case of a registrant— (i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar’s jurisdiction in which the registrant was registered; or (ii) who is removed from the official list of eligible voters by reason of the death of the registrant. (2) Public notice Not later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation and posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind. . (b) Conditions for transmission of notices of removal Section 8(d) of such Act ( 52 U.S.C. 20507(d) ) is amended by adding at the end the following new paragraph: (4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar’s jurisdiction in which the registrant is registered. . (c) Conforming amendments (1) National Voter Registration Act of 1993 Section 8(a) of such Act ( 52 U.S.C. 20507(a) ) is amended— (A) in paragraph (3), by striking provide and inserting subject to section 8A, provide ; and (B) in paragraph (4), by striking conduct and inserting subject to section 8A, conduct . (2) Help America Vote Act of 2002 Section 303(a)(4)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a)(4)(A) ) is amended by striking registrants the second place it appears and inserting and subject to section 8A of such Act, registrants . (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 4. State registration portability (a) In general Section 8(e) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(e) ) is amended to read as follows: (e) Procedure for voting following failure To return card Notwithstanding failure to notify the registrar of the change of address prior to the date of an election, a registrant who has moved from an address in the State to an address in the same State shall, upon oral or written affirmation by the registrant of the change of address before an election official, be permitted to vote (at the option of the voter)— (1) at the polling place of the registrant’s current address; or (2) at a central location within the same registrar’s jurisdiction. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4886is/xml/BILLS-117s4886is.xml |
117-s-4887 | II 117th CONGRESS 2d Session S. 4887 IN THE SENATE OF THE UNITED STATES September 20, 2022 Ms. Klobuchar (for herself, Mr. Wyden , Mr. Markey , Ms. Cortez Masto , Mr. Merkley , Mr. Bennet , Ms. Warren , Mr. Casey , Ms. Smith , Mr. Van Hollen , Mr. Blumenthal , Mrs. Gillibrand , Ms. Hirono , Mr. Booker , Mr. Sanders , Mr. Murphy , Mr. Kaine , Mr. Menendez , Mr. King , Mr. Durbin , Mrs. Feinstein , Mr. Brown , and Mr. Carper ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Help America Vote Act of 2002 to require States to provide for same day voter registration.
1. Short title This Act may be cited as the Same Day Registration Act . 2. Same day registration (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: 304. Same day registration (a) In general (1) Registration Each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election— (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); and (B) to cast a vote in such election. (2) Exception The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (b) Eligible individual For purposes of this section, the term eligible individual means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election. (c) Ensuring availability of forms The State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual’s voter registration information under this section. (d) Effective date (1) In general Subject to paragraph (2), each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and for any subsequent election for Federal office. (2) Special rules for elections before November 2028 (A) Elections prior to November 2026 general election A State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2026 if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction. (B) Additional elections prior to November 2028 general election If a State certifies to the Commission not later than November 3, 2026, that the State will not be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2026 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such requirements, the State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office in November 2026 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2028, if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction. . (b) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking sections 301, 302, and 303 and inserting subtitle A of title III . (c) Clerical amendments The table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Same day registration. . | https://www.govinfo.gov/content/pkg/BILLS-117s4887is/xml/BILLS-117s4887is.xml |
117-s-4888 | II 117th CONGRESS 2d Session S. 4888 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Cornyn (for himself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the President to supplement disaster response plans to account for catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes.
1. Short title This Act may be cited as the Keeping Everyone Safe and Securing Lives by Emergency Readiness Act or the KESSLER Act . 2. Findings Congress finds that— (1) the integration of connected technologies has become essential to the operation of modern critical infrastructure; (2) reliance on connected technologies and interoperability across critical infrastructure sectors create new vulnerabilities that may be used against the United States; (3) adversaries of the United States have targeted critical infrastructure and are likely to increase attacks on essential services in the United States should global conflicts escalate; (4) while strong defenses and mitigation measures are essential to the safety of the United States, no strategy can stop all catastrophic events; (5) the Federal Government must prepare Federal, State, and local governments, along with the people of the United States, to promote the general welfare of the civilian population of the United States even if most or all critical infrastructure sectors are impacted by catastrophic events; and (6) such preparations must include coordination with State, local, and Tribal governments, private sector entities, and individual citizens. 3. Definitions In this Act: (1) Basic need The term basic need — (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes— (i) food; (ii) water; (iii) shelter; (iv) basic communication services; (v) basic sanitation and health services; and (vi) public safety. (2) Catastrophic incident The term catastrophic incident — (A) means any natural or man-made disaster that results in extraordinary levels of casualties or damage, mass evacuations, or disruption severely affecting the population, infrastructure, environment, economy, national morale, or government functions in an area; and (B) may include an incident— (i) with a sustained national impact over a prolonged period of time; (ii) that may rapidly exceed resources available to State and local government and private sector authorities in the impacted area; or (iii) that may significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened. (3) Critical infrastructure The term critical infrastructure has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (4) National exercise program The term national exercise program means activities carried out to test and evaluate the national preparedness goal and related plans and strategies as described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748(b) ). (5) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). 4. Enhanced catastrophic incident annex (a) In general The President, with support from the committee, shall supplement each Federal Interagency Operational Plan to include an annex containing a strategy to ensure the health, safety, and general welfare of the civilian population affected by catastrophic incidents by— (1) providing for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States; (2) coordinating response efforts with State and local governments, the private sector, and nonprofit relief organizations; (3) promoting personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and (4) developing international partnerships with allied nations for the provision of relief services and goods. (b) Elements of the strategy The strategy required under subsection (a) shall include a description of— (1) actions the President will take to ensure the basic needs of the civilian population of the United States in a catastrophic incident are met; (2) how the President will coordinate with non-Federal entities to multiply resources and enhance relief capabilities, including— (A) State and local governments; (B) Tribal governments; (C) State disaster relief agencies; (D) State and local disaster relief managers; (E) State National Guards; (F) law enforcement and first response entities; and (G) nonprofit relief services; (3) actions the President will take to enhance individual resiliency to the effects of a catastrophic incident, which actions shall include— (A) readiness alerts to the public during periods of elevated threat; (B) efforts to enhance domestic supply and availability of critical goods and basic necessities; and (C) information campaigns to ensure the public is aware of response plans and services that will be activated when necessary; (4) efforts the President will undertake and agreements the President will seek with international allies to enhance the readiness of the United States to provide for the general welfare; (5) how the strategy will be implemented should multiple levels of critical infrastructure be destroyed or taken offline entirely for an extended period of time; and (6) the authorities the President would implicate in responding to a catastrophic incident. (c) Assumptions In designing the strategy under subsection (a), the President shall account for certain factors to make the strategy operationally viable, including the assumption that— (1) multiple levels of critical infrastructure have been taken offline or destroyed by catastrophic incidents or the effects of catastrophic incidents; (2) impacted sectors may include— (A) the transportation sector; (B) the communication sector; (C) the energy sector; (D) the healthcare and public health sector; (E) the water and wastewater sector; and (F) the financial sector; (3) State, local, Tribal, and territorial governments have been equally affected or made largely inoperable by catastrophic incidents or the effects of catastrophic incidents; (4) the emergency has exceeded the response capabilities of State and local governments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. (d) Existing plans The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. (e) Availability The strategy developed under subsection (a) shall be available to the public but may include a classified, or other restricted, annex to be made available to the appropriate committees of Congress and appropriate government entities. 5. Validation of the strategy through an exercise Not later than 1 year after the addition of the annex required under section 4, the Department of Homeland Security shall lead an exercise as part of the national exercise program, in coordination with the committee, to test and enhance the operationalization of the strategy. 6. Recommendations (a) In general The President shall provide recommendations to Congress for— (1) actions that should be taken to prepare the United States to implement the strategy required under section 4, increase readiness, and address preparedness gaps for responding to the impacts of catastrophic incidents on citizens of the United States; and (2) additional authorities that should be considered for Federal agencies and the President to more effectively implement the strategy required under section 4. (b) Inclusion in reports The President may include the recommendations required under subsection (a) in a report submitted under section 7. 7. Reporting requirements Not later than 1 year after the date on which the Department of Homeland Security leads the exercise under section 5, the President shall submit to Congress a report that includes— (1) a description of the efforts of the President to develop and update the strategy required under section 4; and (2) an after-action report following the conduct of the exercise described in section 5. | https://www.govinfo.gov/content/pkg/BILLS-117s4888is/xml/BILLS-117s4888is.xml |
117-s-4889 | II 117th CONGRESS 2d Session S. 4889 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Hagerty introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Consumer Financial Protection Act of 2010 to clarify the funding of the Bureau of Consumer Financial Protection.
1. Short title This Act may be cited as the Federal Reserve Loss Transparency Act . 2. Bureau funding Section 1017(a) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5497(a) ) is amended— (1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (2) by inserting after paragraph (2) the following: (3) Prohibition on transfer when the Federal reserve banks incur a loss Notwithstanding paragraph (1), no transfer may be made to the Bureau if the Federal reserve banks, in the aggregate, incurred an operating loss in the most recently completed calendar quarter until the loss is offset with subsequent earnings. . 3. Calculation of net earnings using GAAP Section 7 of the Federal Reserve Act is amended— (1) by redesignating the second subsection (b) ( 12 U.S.C. 290 ) (relating to the use of earnings transferred to the Secretary) and subsection (c) ( 12 U.S.C. 531 ) as subsections (c) and (d), respectively; and (2) by adding at the end the following: (e) Calculation of net earnings and total capital using GAAP For purposes of this section, earnings and total capital shall be calculated in accordance with United States generally accepted accounting principles. . | https://www.govinfo.gov/content/pkg/BILLS-117s4889is/xml/BILLS-117s4889is.xml |
117-s-4890 | II 117th CONGRESS 2d Session S. 4890 IN THE SENATE OF THE UNITED STATES September 20, 2022 Ms. Hassan (for herself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service, and for other purposes.
1. Short title This Act may be cited as the Protections for Student Veterans Act of 2022 . 2. Establishment of protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service (a) Establishment Chapter 36 of title 38, United States Code, amended by inserting after section 3691 the following new section: 3691A. Withdrawal or leave of absence from certain education (a) In general (1) (A) Subject to subparagraph (B), a covered individual may, after receiving orders to enter a period of covered service, withdraw or take a leave of absence from covered education. (B) Subparagraph (A) shall not apply to a covered individual who is not abiding the regularly prescribed standards and practices of the educational institution concerned for attendance, conduct, and progress. (2) (A) The institution concerned may not take any adverse action described in subparagraph (B) against a covered individual on the basis that such covered individual withdraws or takes a leave of absence under paragraph (1). (B) The adverse actions described in this subparagraph are as follows: (i) The assignment of a failing grade to a covered individual for covered education. (ii) The reduction of the grade point average of a covered individual for covered education. (iii) The characterization of any absence of a covered individual from covered education as unexcused. (iv) The assessment of any financial penalty against a covered individual. (b) Withdrawal If a covered individual withdraws from covered education under subsection (a), the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered individual withdraws. (c) Leave of absence If a covered individual takes a leave of absence from covered education under subsection (a), the institution concerned shall— (1) assign a grade of incomplete (or equivalent) to the covered individual for covered education for the academic term from which the covered individual takes such leave of absence; and (2) to the extent practicable, permit the covered individual, upon completion of the period of covered service, to complete such academic term. (d) Definitions In this section: (1) The term covered education means a course of education— (A) at an institution of higher education; and (B) paid for with educational assistance furnished under a law administered by the Secretary. (2) The term covered individual means an individual who— (A) is enrolled in covered education; and (B) is— (i) a member of the Armed Forces (including the reserve components); or (ii) the spouse of a member described in clause (i). (3) The term covered service means— (A) active service or inactive-duty training, as such terms are defined in section 101 of title 10; or (B) State active duty, as defined in section 4303 of this title. (4) The term institution concerned means, with respect to a covered individual, the institution of higher education where the covered individual is enrolled in covered education. (5) 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 ). (6) The term period of covered service means the period beginning on the date on which a covered individual or the spouse of a covered individual enters covered service and ending on the date on which the covered individual or spouse is released from covered service or dies while in covered service. . (b) Report (1) In general Not later two years after the date of the enactment of this Act and not later than five years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the use of the authority under section 3691A(a) of title 38, United States Code, as added by subsection (a). (2) Contents Each report submitted under paragraph (1) shall include the following: (A) The number of covered individuals using the authority described in paragraph (1), disaggregated by— (i) in the cases in which the covered individual is a member of the Armed Forces, the component of the Armed Forces of which the covered individual is a member; and (ii) in the cases in which the covered individual is a spouse of a member of the Armed Forces, the component of the Armed Forces of such member. (B) The number of times that such authority was used, disaggregated by— (i) whether the authority was used for a leave of absence or a withdrawal; (ii) the type of covered duty for which the authority was used; (iii) the program of educational assistance that was being used to pay for the program of education from which the covered individual withdrew or took a leave of absence; and (iv) the duration of the covered duty for which the authority was used. (c) Clerical amendment The table of contents at the beginning of such chapter is amended by inserting after the item relating to section 3691 the following new item: 3691A. Withdrawal or leave of absence from certain education. . | https://www.govinfo.gov/content/pkg/BILLS-117s4890is/xml/BILLS-117s4890is.xml |
117-s-4891 | II 117th CONGRESS 2d Session S. 4891 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Sanders introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Land Policy and Management Act of 1976 to authorize certain construction activities on public lands, and for other purposes.
1. Nurseries Title VI of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1781 et seq. ) is amended by adding at the end the following: 604. Nurseries (a) In general Using funds made available under section 40804(b)(8) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592a(b)(8) )— (1) the Secretary shall carry out a pilot program to establish and operate nurseries on public lands and other Federal land under the jurisdiction of the Secretary; and (2) the Secretary of Agriculture, acting through the Chief of the Forest Service, shall carry out a pilot program to establish and operate nurseries on National Forest System land. (b) Locations (1) Department of the Interior The Secretary shall carry out the pilot program established under subsection (a)(1) in— (A) 4 of the eleven contiguous Western States; and (B) 1 State that is not 1 of the eleven contiguous Western States. (2) Forest Service The Secretary of Agriculture, acting through the Chief of the Forest Service, shall carry out the pilot program established under subsection (a)(2) in— (A) 4 of the eleven contiguous Western States; and (B) 1 State, including the State of Vermont, that is not 1 of the eleven contiguous Western States. (c) Activities (1) Definition of Secretary concerned In this subsection, the term Secretary concerned means— (A) the Secretary, with respect to public lands and other Federal land under the jurisdiction of the Secretary; and (B) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land. (2) Authorizations In carrying out a pilot program established under subsection (a), the Secretary concerned may— (A) establish a tree nursery on Federal land under the jurisdiction of the Secretary concerned, and develop the infrastructure necessary to support that nursery, to address Federal and regional conservation tree planting needs, consistent with the Bureau of Land Management National Seed Strategy; (B) purchase necessary equipment and machinery and construct the necessary facilities on Federal land under the jurisdiction of the Secretary concerned to store material, equipment, and machinery authorized under this section; (C) enter into cooperative agreements with non-Federal entities to use trees produced in nurseries established under the pilot program; (D) conduct necessary research on grazing and forest management on Federal land under the jurisdiction of the Secretary concerned, ensuring the long-term sustainability of such grazing and forest management, to maximize the ability— (i) to sequester carbon; (ii) to prevent soil erosion; and (iii) to improve air and water quality; and (E) hire and train personnel to carry out the activities described in this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s4891is/xml/BILLS-117s4891is.xml |
117-s-4892 | II 117th CONGRESS 2d Session S. 4892 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Scott of South Carolina (for himself, Mr. Marshall , and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require elementary and middle schools that receive Federal funds to obtain parental consent before changing a minor child's gender markers, pronouns, or preferred name on any school form, allowing a child to change the child's sex-based accommodations, including locker rooms or bathrooms.
1. Short title This Act may be cited as the Parental Rights Over the Education and Care of Their Kids Act or the PROTECT Kids Act . 2. Findings Congress finds the following: (1) The law in the United States has long recognized the importance of parental rights. A parent’s right to oversee the care and education of their child is guaranteed by the Fourteenth Amendment. (2) Parents have a fundamental, constitutionally guaranteed right to raise and educate their children in the way that they choose. (3) Public schools across the country are violating these fundamental parental and familial rights by deliberately hiding information about gender transitioning children from their parents. (4) School staff in Montgomery County Public Schools in Maryland instruct teachers to form gender transition plans for students without the knowledge or consent of the student’s family. (5) An Iowa public school district was sued for allowing children as young as 12 to create gender support plans without the knowledge or consent of the students’ parents. (6) Fairfax County Public Schools in Virginia has required all teachers to complete a training program saying that parental permission is not required for students who seek to be addressed by different names or pronouns. (7) Regardless of their intentions, these schools are sabotaging the parent-child relationship and encouraging children to keep secrets from the adults who are charged with protecting and defending them—their parents. (8) Children do best when their parents are actively involved in their education. School districts, activist organizations, and teachers unions must never be allowed to intrude on parental rights by concealing critical information from parents about their children. 3. Requirement related to gender markers, pronouns, and preferred names on school forms As a condition of receiving Federal funds, any elementary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or school that consists of only middle grades (as such term is defined in such section), that receives Federal funds shall be required to obtain parental consent before— (1) changing a minor child's gender markers, pronouns, or preferred name on any school form; or (2) allowing a child to change the child's sex-based accommodations, including locker rooms or bathrooms. | https://www.govinfo.gov/content/pkg/BILLS-117s4892is/xml/BILLS-117s4892is.xml |
117-s-4893 | II 117th CONGRESS 2d Session S. 4893 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Peters (for himself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Lobbying Disclosure Act of 1995 to require certain disclosures by registrants regarding exemptions under the Foreign Agents Registration Act of 1938, as amended.
1. Short title This Act may be cited as the Lobbying Disclosure Improvement Act . 2. Registrant disclosure regarding foreign agent registration exemption Section 4(b) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(b) ) is amended— (1) in paragraph (6), by striking ; and ; (2) in paragraph (7), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (8) a statement as to whether the registrant is exempt under section 3(h) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 613(h) ). . | https://www.govinfo.gov/content/pkg/BILLS-117s4893is/xml/BILLS-117s4893is.xml |
117-s-4894 | II 117th CONGRESS 2d Session S. 4894 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Peters (for himself, Mr. Cornyn , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for the perpetuation, administration, and funding of Federal Executive Boards, and for other purposes.
1. Short title This Act may be cited as the Improving Government Efficiency and Workforce Development through Federal Executive Boards Act of 2022 . 2. Federal Executive Boards (a) In general Chapter 11 of title 5, United States Code, is amended by adding at the end the following: 1106. Federal Executive Boards (a) Purposes The purposes of this section are to— (1) strengthen the strategic coordination, communication, and management of Government activities across the United States, including to improve the experience of citizens interacting with agencies, and to incorporate field perspectives into the preparation of Federal workforce policy goals; (2) facilitate interagency collaboration to improve the efficiency and effectiveness of Federal programs and initiatives; (3) facilitate communication and collaboration on Federal emergency preparedness and continuity of operations for the Federal workforce in applicable geographic areas; (4) facilitate strategies and programs for recruiting, training, managing, and retaining Federal employees, as well as sharing best practices for improving the workforce experience and access to education and training; (5) facilitate relationships with State and local governments, colleges and universities, and local nonprofit organizations that collaborate with the Federal Government; and (6) provide stable funding for Federal Executive Boards to enable the activities described in paragraphs (1) through (5). (b) Definitions In this section: (1) Agency The term agency — (A) means an Executive agency, as defined in section 105; and (B) does not include the Government Accountability Office. (2) Director The term Director means the Director of the Office of Personnel Management. (3) Federal Executive Board The term Federal Executive Board means an interagency entity— (A) established by the Director— (i) in coordination with the Director of the Office of Management and Budget and the Administrator of General Services; and (ii) in consultation with the headquarters of appropriate agencies; (B) located in a geographic area with a high concentration of Federal employees outside the Washington, D.C., metropolitan area; and (C) focused on strengthening the management and administration of agency activities and coordination among local Federal officers to implement national initiatives in that geographic area. (4) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) State Apprenticeship Agency The term State Apprenticeship Agency has the meaning given the term in section 29.2 of title 29, Code of Federal Regulations, or any successor regulation. (c) Perpetuation and continued support (1) In general The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall continue to support the existence of Federal Executive Boards in geographic areas outside the Washington, D.C., metropolitan area. (2) Consultation Before establishing any new Federal Executive Boards that are not in existence on the date of enactment of this section, the Director shall conduct a review of existing Federal Executive Boards and consult with the headquarters of appropriate agencies to guide the determination of the number and location of Federal Executive Boards. (3) Location The Director shall develop a set of criteria to establish and evaluate the number and locations of Federal Executive Boards that shall— (A) factor in contemporary Federal workforce data as of the date of enactment of this section; and (B) be informed by the annual changes in workforce data, including the geographic disbursement of the Federal workforce and the role of remote work options. (4) Membership (A) In general Each Federal Executive Board for a geographic area shall consist of the most senior officer of each agency in that geographic area. (B) Alternate representative The senior officer of an agency described in subparagraph (A) may designate, by title of office, an alternate representative, who shall— (i) be a senior officer in the agency; and (ii) attend meetings and otherwise represent the agency on the Federal Executive Board in absence of the most senior officer. (d) Administration and oversight The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall administer and oversee Federal Executive Boards, including— (1) establishing staffing and accountability policies, including performance standards, for employees responsible for administering Federal Executive Boards with an opportunity for employee customer service feedback from agencies participating in Federal Executive Boards; (2) establishing communications policies for the dissemination of information to agencies participating in Federal Executive Boards; and (3) administering Federal Executive Board funding through the fund established in subsection (f). (e) Governance and activities (1) In general Each Federal Executive Board shall— (A) subject to the approval of the Director, adopt charters or other rules for the internal governance of the Federal Executive Board; (B) elect a Chairperson from among the members of the Federal Executive Board, who shall serve for a set term; (C) serve as an instrument of outreach relating to agency activities in the geographic area; (D) provide a forum to amplify the exchange of information relating to programs and management methods and problems— (i) between the national headquarters of agencies and the field; and (ii) among field elements in geographic areas; (E) develop local coordinated approaches to the development and operation of programs that have common characteristics or serve the same populations; (F) communicate management initiatives and other concerns from Federal officers and employees in the Washington, D.C., metropolitan area to Federal officers and employees in the geographic area to achieve better mutual understanding and support; (G) develop relationships with State and local governments, institutions of higher education, and nongovernmental organizations to help fulfill the roles and responsibilities of the Federal Executive Board; (H) in coordination with appropriate agencies and consistent with any relevant memoranda of understanding between the Office of Personnel Management and those agencies, facilitate communication, collaboration, and training to prepare the Federal workforce for emergencies and continuity of operations; (I) in coordination with appropriate agencies, support agency efforts to place and recruit students in training opportunities, particularly apprenticeships and paid internships; (J) consult with the Secretary of Labor or State Apprenticeship Agencies on the process for establishing registered apprenticeship programs within agencies, as appropriate; (K) consult with State workforce development boards and local workforce development boards as established in sections 101 and 107 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 , 3122), respectively, as appropriate; (L) as appropriate and in accordance with law, rules, and policies, lead cross-agency talent management initiatives— (i) including interagency— (I) recruitment and hiring activities; (II) internships and apprenticeships; (III) onboarding and leadership and management development; and (IV) mentorship programs; and (ii) by prioritizing initiatives related to— (I) conducting outreach to communities of individuals with demographics that are underrepresented in a given occupation or agency; and (II) addressing skills gaps within the Federal Government related to high-risk areas as identified by the Government Accountability Office; (M) coordinate with the Transition Assistance Centers established to carry out the Transition Assistance Program of the Department of Defense to help members of the Armed Forces who are transitioning to civilian life apply for Government positions in the geographic location of the Federal Executive Board; (N) as appropriate, serve as a collaborative space where employees from across agencies can participate in innovation projects relevant to Federal initiatives by applying human-centered design, user-experience design, or other creativity methods; and (O) take other actions as agreed to by the Federal Executive Board and the Director, in consultation with the Director of the Office of Management and Budget and the Administrator of General Services. (2) Coordination of certain activities The facilitation of communication, collaboration, and training described in paragraph (1)(H) shall, when appropriate, be coordinated and defined through written agreements entered into between the Director and the heads of the applicable agencies. (3) Non-monetary donations Each Federal Executive Board may accept donations of supplies, services, land, and equipment consistent with the purposes described in paragraphs (1) through (5) of subsection (a), including to assist in carrying out the activities described in paragraph (1) of this subsection. (4) Programmatic assessments Not less frequently than semi-annually or following each major programmatic activity, each Federal Executive Board shall assess the experience of participants or other relevant stakeholders in each program provided by the Federal Executive Board. (f) Funding (1) Establishment of fund The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall establish a Federal Executive Board Fund within the Office of Personnel Management for financing essential Federal Executive Board functions for the purposes of staffing and operating expenses. (2) Deposits There shall be deposited in the fund established under paragraph (1) amounts transferred to the fund pursuant to paragraph (3) from each agency participating in Federal Executive Boards, according to a formula established by the Director— (A) in consultation with the headquarters of those agencies; and (B) in coordination with the Director of the Office of Management and Budget and the Administrator of General Services. (3) Contributions (A) Contribution transfers Subject to the formula for contributions established by the Director under paragraph (2), each agency participating in Federal Executive Boards shall transfer amounts to the fund established under paragraph (1). (B) Formula (i) In general The formula for contributions established by the Director under paragraph (2) shall consider the number of employees in each agency in all geographic areas served by Federal Executive Boards. (ii) Recalculation The contribution of the headquarters of each agency under clause (i) to the fund established under paragraph (1) shall be recalculated not less frequently than every 2 years. (C) In-kind contributions At the discretion of the Director, an agency may provide in-kind contributions instead of, or in addition to, providing monetary contributions to the fund established under paragraph (1). (4) Minimum amount (A) In general The fund established under paragraph (1) shall include a minimum of $15,000,000 in each fiscal year, to remain available until expended. (B) Adjustment The Director shall adjust the amount required under subparagraph (A) every 2 years on a schedule aligned with the recalculation described in paragraph (3)(A)(ii) to reflect— (i) the percentage increase, if any, in the Consumer Price Index for all Urban Consumers as determined by the Bureau of Labor Statistics; and (ii) any changes in costs related to Federal pay changes authorized by the President or by an Act of Congress. (5) Use of excess amounts Any unobligated and unexpended balances in the fund established under paragraph (1) that the Director determines to be in excess of amounts needed for Federal Executive Board functions shall be allocated among the Federal Executive Boards for the activities described in subsection (e) by the Director— (A) in coordination with the Director of the Office of Management and Budget and the Administrator of General Services; and (B) in consultation with the headquarters of agencies participating in Federal Executive Boards. (6) Administrative and oversight costs The Office of Personnel Management shall pay for costs relating to administrative and oversight activities conducted under subsection (d) from appropriations made available to the Office of Personnel Management. (g) Reports The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall submit biennial reports to Congress and to agencies participating in Federal Executive Boards on the outcomes of and budget matters related to Federal Executive Boards. (h) Regulations The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall prescribe regulations necessary to carry out this section. . (b) Report (1) Definition In this subsection, the term Federal Executive Board has the meaning given the term in section 1106(b) of title 5, United States Code, as added by subsection (a) of this section. (2) Report Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report that includes— (A) a description of essential Federal Executive Board functions; (B) details of staffing requirements for each Federal Executive Board; and (C) estimates of staffing and operating expenses for each Federal Executive Board. (c) Technical and conforming amendments The table of sections for chapter 11 of title 5, United States Code, is amended by inserting after the item relating to section 1105 the following: 1106. Federal Executive Boards. . | https://www.govinfo.gov/content/pkg/BILLS-117s4894is/xml/BILLS-117s4894is.xml |
117-s-4895 | II 117th CONGRESS 2d Session S. 4895 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Grassley (for himself, Mr. Brown , Mr. Thune , and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Research, Extension, and Education Reform Act of 1998 to direct the Secretary of Agriculture to establish a national biochar research network, and for other purposes.
1. Short title This Act may be cited as the Biochar Research Network Act of 2022 . 2. National biochar research network Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting before section 404 ( 7 U.S.C. 7624 ) the following: 403. National biochar research network (a) Establishment The Secretary shall establish a national biochar research network (referred to in this section as the research network ) of not more than 20 research stations or facilities described in subsection (c) to test the full range of biochar types across soil types, soil conditions, application methods, and climatic and agronomic regions— (1) to assess the soil carbon sequestration potential of biochar; (2) to understand how to use biochar productively to contribute to climate mitigation, crop production, resilience to extreme weather events, ecosystem health, and natural resource conservation; and (3) to deliver science-based, region-specific, cost-effective, and practical information to farmers, ranchers, foresters, land reclamation managers, urban land managers, and other land and natural resource managers and businesses on sustainable biochar production and application. (b) Scope (1) In general The research network shall encompass— (A) agriculture, horticulture, rangeland, forestry, and other biochar uses; and (B) a broad range of feedstocks, production processes, and application treatments. (2) Research The research conducted by the research network shall include— (A) cross-site and mechanistic experiments— (i) to fill critical knowledge gaps and gain a more complete understanding of the impact of various types of biochar in varying site conditions on soil properties, plant growth, greenhouse gas emissions, and carbon sequestration in different soils, climates, and other natural and agronomic conditions; (ii) to provide mechanistic and technoeconomic insights on thermochemical conversion processes in biochar production and the coproduction of biochar and bioenergy, including interactions of feedstock properties with reactor conditions and processes on the relative proportions and properties of biochar, biofuels, and value-added coproducts, as well as process efficiency; (iii) to generate data to develop, calibrate, and validate robust mechanistic models to predict the full life cycle of greenhouse gas, crop response, and related agronomic and environmental implications of particular applications of biochar; (iv) to generate data to help guide the design of new, more efficient biochar and bioenergy production reactors and biorefineries; and (v) to generate data to develop, calibrate, and validate testing methodologies for biochar to identify potential contaminants or other factors that may cause unintended consequences; and (B) site-specific farm and forestry systems assessments and pilot-scale biochar production and application systems— (i) to refine the most promising soil-based uses, sources, and methods of producing and applying biochar in particular regions— (I) to enhance productivity; (II) to increase profitability, scalability, and portability; (III) to reduce greenhouse gas emissions; (IV) to improve ecosystem health; (V) to strengthen resilience to extreme weather events; and (VI) to explore soil, crop, climate, management, and biochar interactions; (ii) to develop new knowledge to support decisions on sustainable production and use of biochar; (iii) to collect relevant data needed for full life cycle greenhouse gas and economic analyses and complete those analysis; (iv) to predict plant response, soil health, soil carbon sequestration, ecosystem health, water quality, greenhouse gas, and economic outcomes for specific implementations of biochar technology; (v) to provide data to evaluate local biomass feedstocks, support selection of sustainable biochar production methods, and address biochar production issues; and (vi) to share research results to inform farmers, horticulturalists, ranchers, foresters, urban biochar users, extension agents and specialists, and technical assistance providers on the most advantageous ways to use biochar to increase profitability, raise productivity, lower costs, improve soil and plant health, and enhance resilience to extreme weather events while contributing to carbon sequestration and greenhouse gas reductions. (c) Eligibility An entity shall be eligible to be selected to conduct research as part of the research network if the entity is— (1) a State agricultural experiment station or a State forestry experiment station; (2) a research facility of the Agricultural Research Service, the Forest Service, or any other agency of the Department of Agriculture that the Secretary determines to be appropriate; or (3) a research facility of the Department of Energy, the Department of Commerce, or the Department of the Interior. (d) Administration (1) In general The research network shall be administered by the Administrator of the Agricultural Research Service, in partnership with— (A) the Chief of the Forest Service; (B) the Director of the National Institute of Food and Agriculture; (C) the Secretary of Energy; (D) the Secretary of Commerce; (E) the Secretary of the Interior; and (F) such other agencies of the Department of Agriculture as the Secretary determines to be appropriate. (2) Conservation The Secretary, acting through the Chief of the Natural Resources Conservation Service— (A) may develop a practice standard informed by the research conducted by the research network; and (B) shall coordinate the activities of the research network with— (i) the development and refinement of a biochar conservation practice standard; and (ii) improvements and expansion of conservation program technical and financial support for biochar production and application. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2023 through 2028. . | https://www.govinfo.gov/content/pkg/BILLS-117s4895is/xml/BILLS-117s4895is.xml |
117-s-4896 | II 117th CONGRESS 2d Session S. 4896 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To approve the settlement of water rights claims of the Pueblos of Jemez and Zia in the State of New Mexico, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Pueblos of Jemez and Zia Water Rights Settlement 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. Purposes. Sec. 3. Definitions. Sec. 4. Ratification of Agreement. Sec. 5. Pueblo Water Right. Sec. 6. Settlement trust funds. Sec. 7. Funding. Sec. 8. Waivers and releases of claims. Sec. 9. Satisfaction of claims. Sec. 10. Enforceability date. Sec. 11. Miscellaneous provisions. Sec. 12. Antideficiency. 2. Purposes The purposes of this Act are— (1) to achieve a fair, equitable, and final settlement of all claims to water rights in the Jemez River Stream System in the State of New Mexico for— (A) the Pueblo of Jemez; (B) the Pueblo of Zia; and (C) the United States, acting as trustee for the Pueblos of Jemez and Zia; (2) to authorize, ratify, and confirm the Agreement entered into by the Pueblos, the State, and various other parties to the extent that the Agreement is consistent with this Act; (3) to authorize and direct the Secretary— (A) to execute the Agreement; and (B) to take any other actions necessary to carry out the Agreement in accordance with this Act; and (4) to authorize funds necessary for the implementation of the Agreement and this Act. 3. Definitions In this Act: (1) Adjudication The term Adjudication means the adjudication of water rights pending before the United States District Court for the District of New Mexico: United States of America, on its own behalf, and on behalf of the Pueblos of Jemez, Santa Ana, and Zia, State of New Mexico, ex rel. State Engineer, Plaintiffs, and Pueblos of Jemez, Santa Ana, and Zia, Plaintiffs-in-Intervention v. Tom Abousleman, et al., Defendants, Civil No. 83–cv–01041 (KR). (2) Agreement The term Agreement means— (A) the document entitled Pueblos of Jemez and Zia Water Rights Settlement Agreement and dated May 11, 2022, and the appendices and exhibits attached thereto; and (B) any amendment to the document referred to in subparagraph (A) (including an amendment to an appendix or exhibit) that is executed to ensure that the Agreement is consistent with this Act. (3) Enforceability Date The term Enforceability Date means the date described in section 10. (4) Jemez River Stream System The term Jemez River Stream System means the geographic extent of the area involved in the Adjudication. (5) Partial Final Judgment and Decree The term Partial Final Judgment and Decree means a final or interlocutory partial final judgment and decree entered by the United States District Court for the District of New Mexico with respect to the water rights of the Pueblos— (A) that is substantially in the form described in the Agreement, as amended to ensure consistency with this Act; and (B) from which no further appeal may be taken. (6) Pueblo The term Pueblo means either of— (A) the Pueblo of Jemez; or (B) the Pueblo of Zia. (7) Pueblo Land The term Pueblo Land means any real property that is— (A) held by the United States in trust for a Pueblo within the Jemez River Stream System; (B) owned by a Pueblo within the Jemez River Stream System before the date on which a court approves the Agreement; or (C) acquired by a Pueblo on or after the date on which a court approves the Agreement if the real property— (i) is located within the exterior boundaries of the Pueblo, as recognized and confirmed by a patent issued under the Act of December 22, 1858 (11 Stat. 374, chapter V); (ii) is located within the exterior boundaries of any territory set aside for a Pueblo by law, Executive order, or court decree; (iii) is owned by a Pueblo or held by the United States in trust for the benefit of a Pueblo outside the Jemez River Stream System that is located within the exterior boundaries of the Pueblo, as recognized and confirmed by a patent issued under the Act of December 22, 1858 (11 Stat. 374, chapter V); or (iv) is located within the exterior boundaries of any real property located outside the Jemez River Stream System set aside for a Pueblo by law, Executive order, or court decree if the land is within or contiguous to land held by the United States in trust for the Pueblo as of June 1, 2022. (8) Pueblo Trust Fund The term Pueblo Trust Fund means— (A) the Pueblo of Jemez Settlement Trust Fund established under section 6(a); and (B) the Pueblo of Zia Settlement Trust Fund established under that section. (9) Pueblo Water Right The term Pueblo Water Right means the water right of a Pueblo— (A) as identified in the Agreement and section 5 of this Act; and (B) as confirmed in the Partial Final Judgment and Decree. (10) Pueblos The term Pueblos means— (A) the Pueblo of Jemez; and (B) the Pueblo of Zia. (11) Secretary The term Secretary means the Secretary of the Interior. (12) State The term State means the State of New Mexico and all officers, agents, departments, and political subdivisions of the State of New Mexico. 4. Ratification of Agreement (a) Ratification (1) In general Except as modified by this Act and to the extent that the Agreement does not conflict with this Act, the Agreement is authorized, ratified, and confirmed. (2) Amendments If an amendment to the Agreement, or to any appendix or exhibit attached to the Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed. (b) Execution (1) In general To the extent the Agreement does not conflict with this Act, the Secretary shall execute the Agreement, including all appendices or exhibits to, or parts of, the Agreement requiring the signature of the Secretary. (2) Modifications Nothing in this Act prohibits the Secretary, after execution of the Agreement, from approving any modification to the Agreement, including an appendix or exhibit to the Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or any other applicable provision of Federal law. (c) Environmental compliance (1) In general In implementing the Agreement and this Act, the Secretary shall comply with— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and (C) all other applicable Federal environmental laws and regulations. (2) Compliance (A) In general In implementing the Agreement and this Act, the Pueblos shall prepare any necessary environmental documents, consistent with— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations The Secretary shall— (i) independently evaluate the documentation required under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution The execution of the Agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Costs Any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the Pueblo Trust Funds, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary. 5. Pueblo Water Right (a) Trust status of the Pueblo Water Right The Pueblo Water Right shall be held in trust by the United States on behalf of the Pueblos in accordance with the Agreement and this Act. (b) Forfeiture and abandonment The Pueblo Water Right shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (c) Use Any use of the Pueblo Water Right shall be subject to the terms and conditions of the Agreement and this Act. (d) Authority of the Pueblos (1) In general The Pueblos shall have the authority to allocate, distribute, and lease the Pueblo Water Right for use on Pueblo Land in accordance with the Agreement, this Act, and applicable Federal law. (2) Use off Pueblo land The Pueblos may allocate, distribute, and lease the Pueblo Water Right for use off Pueblo Land in accordance with the Agreement, this Act, and applicable Federal law, subject to the approval of the Secretary. (e) Administration (1) No alienation The Pueblos shall not permanently alienate any portion of the Pueblo Water Right. (2) Purchases or grants of land from Indians An authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action required by Federal law. (3) Prohibition on forfeiture The non-use of all or any portion of the Pueblo Water Right by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Pueblo Water Right. 6. Settlement trust funds (a) Establishment The Secretary shall establish 2 trust funds, to be known as the Pueblo of Jemez Settlement Trust Fund and the Pueblo of Zia Settlement Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Pueblo Trust Funds under subsection (b), together with any investment earnings, including interest, earned on those amounts for the purpose of carrying out this Act. (b) Deposits The Secretary shall deposit in each Pueblo Trust Fund the amounts made available pursuant to section 7(a). (c) Management and interest (1) Management On receipt and deposit of funds into the Pueblo Trust Funds under subsection (b), the Secretary shall manage, invest, and distribute all amounts in the Pueblo Trust Funds in a manner that is consistent with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ); and (C) this subsection. (2) Investment earnings In addition to the deposits made to each Pueblo Trust Fund under subsection (b), any investment earnings, including interest, earned on those amounts held in each Pueblo Trust Fund are authorized to be used in accordance with subsections (e) and (g). (d) Availability of amounts (1) In general Amounts appropriated to, and deposited in, each Pueblo Trust Fund, including any investment earnings (including interest) earned on those amounts, shall be made available to each Pueblo by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for funds to be made available to the Pueblos pursuant to paragraph (2). (2) Use of funds Notwithstanding paragraph (1), $25,000,000 of the amounts deposited in each Pueblo Trust Fund shall be available to the appropriate Pueblo for— (A) developing economic water development plans; (B) preparing environmental compliance documents; (C) preparing water project engineering designs; (D) establishing and operating a water resource department; (E) installing supplemental irrigation groundwater wells; and (F) developing water measurement and reporting water use plans. (e) Withdrawals (1) Withdrawals under the American Indian Trust Fund Management Reform Act of 1994 (A) In general Each Pueblo may withdraw any portion of the amounts in the Pueblo Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Pueblo in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (B) Requirements In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), the Tribal management plan under this paragraph shall require that the appropriate Pueblo shall spend all amounts withdrawn from each Pueblo Trust Fund, and any investment earnings (including interest) earned on those amounts, through the investments under the Tribal management plan, in accordance with this Act. (C) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph to ensure that amounts withdrawn by each Pueblo from the Pueblo Trust Fund of the Pueblo under subparagraph (A) are used in accordance with this Act. (2) Withdrawals under expenditure plan (A) In general Each Pueblo may submit to the Secretary a request to withdraw funds from the Pueblo Trust Fund of the Pueblo pursuant to an approved expenditure plan. (B) Requirements To be eligible to withdraw amounts under an expenditure plan under subparagraph (A), each Pueblo shall submit to the Secretary an expenditure plan for any portion of the Pueblo Trust Fund that the Pueblo elects to withdraw pursuant to that subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act. (C) Inclusions An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Pueblo Trust Fund will be used by the Pueblo, in accordance with this subsection and subsection (g). (D) Approval The Secretary shall approve an expenditure plan submitted under subparagraph (A) if the Secretary determines that the plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this Act. (E) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this Act. (f) Effect of section Nothing in this section gives the Pueblos the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under paragraph (1) of subsection (e) or an expenditure plan under paragraph (2) of that subsection except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). (g) Uses Amounts from a Pueblo Trust Fund may only be used by the appropriate Pueblo for the following purposes: (1) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, including for domestic and municipal use, on-farm improvements, or wastewater infrastructure. (2) Watershed protection and enhancement, support of agriculture, water-related Pueblo community welfare and economic development, and costs related to implementation of the Agreement. (3) Planning, permitting, designing, engineering, construction, reconstructing, replacing, rehabilitating, operating, or repairing water production of delivery infrastructure of the Augmentation Project, as set forth in the Agreement. (4) Ensuring environmental compliance in the development and construction of projects under this Act. (h) Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from a Pueblo Trust Fund by a Pueblo under paragraph (1) or (2) of subsection (e). (i) Expenditure reports Each Pueblo shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under paragraph (1) or (2) of subsection (e), as applicable. (j) No per capita distributions No portion of a Pueblo Trust Fund shall be distributed on a per capita basis to any member of a Pueblo. (k) Title to infrastructure Title to, control over, and operation of any project constructed using funds from a Pueblo Trust Fund shall remain in the appropriate Pueblo. (l) Operation, maintenance, and replacement All operation, maintenance, and replacement costs of any project constructed using funds from a Pueblo Trust Fund shall be the responsibility of the appropriate Pueblo. 7. Funding (a) Mandatory appropriation Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (1) for deposit in the Pueblo of Jemez Settlement Trust Fund established under section 6(a) $290,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Pueblo of Zia Settlement Trust Fund established under that section $200,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (b) Fluctuation in costs (1) In general The amount appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs, as indicated by the Bureau of Reclamation Construction Cost Index–Composite Trend. (2) Construction costs adjustment The amount appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices, as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (3) Repetition The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the applicable amount, as adjusted, has been appropriated. (4) Period of indexing The period of indexing adjustment under this subsection for any increment of funding shall start on October 1, 2021, and end on the date on which the funds are deposited in the applicable Pueblo Trust Fund. (c) State cost share The State shall contribute— (1) $3,400,000, as adjusted for inflation pursuant to the Agreement, to the San Ysidro Community Ditch Association for capital and operating expenses of the mutual benefit Augmentation Project; (2) $16,159,000, as adjusted for inflation pursuant to the Agreement, for Jemez River Basin Water Users Coalition acequia ditch improvements; and (3) $500,000, as adjusted for inflation, to mitigate impairment to non-Pueblo domestic and livestock groundwater rights as a result of new Pueblo water use. 8. Waivers and releases of claims (a) In general (1) Waivers and releases of claims by Pueblos and United States as trustee for pueblos Subject to the reservation of rights and retention of claims under subsection (c), as consideration for recognition of the Pueblo Water Right and other benefits described in the Agreement and this Act, the Pueblos and the United States, acting as trustee for the Pueblos, shall execute a waiver and release of all claims for— (A) water rights within the Jemez River Stream System that the Pueblos, or the United States acting as trustee for the Pueblos, asserted or could have asserted in any proceeding, including the Adjudication, on or before the Enforceability Date, except to the extent that such a right is recognized in the Agreement and this Act; and (B) damages, losses, or injuries to water rights or claims of interference with, diversion of, or taking of water (including claims for injury to land resulting from such damages, losses, injuries, interference, diversion, or taking) in the Jemez River Stream System against any party to a settlement, including the members and parciantes of signatory acequias, that accrued at any time up to and including the Enforceability Date. (2) Waivers and releases of claims by Pueblos against United States Subject to the reservation of rights and retention of claims under subsection (c), each Pueblo shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) for water rights within the Jemez River Stream System first arising before the Enforceability Date relating to— (A) water rights within the Jemez River Stream System that the United States, acting as trustee for the Pueblos, asserted or could have asserted in any proceeding, including the Adjudication, except to the extent that such rights are recognized as part of the Pueblo Water Right under this Act; (B) foregone benefits from non-Pueblo use of water, on and off Pueblo Land (including water from all sources and for all uses), within the Jemez River Stream System; (C) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the Jemez River Stream System; (D) a failure to establish or provide a municipal, rural, or industrial water delivery system on Pueblo Land within the Jemez River Stream System; (E) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on Pueblo Land or Federal land (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat) within the Jemez River Stream System; (F) a failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project within the Jemez River Stream System; (G) a failure to provide a dam safety improvement to a dam on Pueblo Land within the Jemez River Stream System; (H) the litigation of claims relating to any water right of a Pueblo within the Jemez River Stream System; and (I) the negotiation, execution, or adoption of the Agreement (including exhibits or appendices) and this Act. (b) Effective date The waivers and releases described in subsection (a) shall take effect on the Enforceability Date. (c) Reservation of rights and retention of claims Notwithstanding the waivers and releases under subsection (a), the Pueblos and the United States, acting as trustee for the Pueblos, shall retain all claims relating to— (1) the enforcement of, or claims accruing after the Enforceability Date relating to water rights recognized under the Agreement relating to, any final court decree or this Act; (2) activities affecting the quality of water, including claims under— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), including claims for damages to natural resources; (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); and (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (3) the right to use and protect water rights acquired after the date of enactment of this Act; (4) damage, loss, or injury to land or natural resources that is not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights; (5) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act or the Agreement; and (6) loss of water or water rights in locations outside of the Jemez River Stream System. (d) Effect of Agreement and Act Nothing in the Agreement or this Act— (1) reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; (2) affects the ability of the United States, as sovereign, to carry out any activity authorized by law, including— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); (D) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ); and (E) any regulations implementing the Acts described in subparagraphs (A) though (D); (3) affects the ability of the United States to act as trustee for the Pueblos (consistent with this Act), any other Pueblo or Indian Tribe, or an allottee of any other Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; (C) to conduct judicial review of any Federal agency action; or (D) to interpret Pueblo or Tribal law; or (5) waives any claim of a member of a Pueblo in an individual capacity that does not derive from a right of the Pueblos. (e) Tolling of claims (1) In general Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability Date. (2) Effect of subsection Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. (3) Limitation Nothing in this section precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law. (f) Expiration (1) In general This Act shall expire in any case in which the Secretary fails to publish a statement of findings under section 10 by not later than— (A) July 1, 2030; or (B) such alternative later date as is agreed to by the Pueblos and the Secretary, after providing reasonable notice to the State. (2) Consequences If this Act expires under paragraph (1)— (A) the waivers and releases under subsection (a) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the Agreement under section 4 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this Act shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act shall be returned to the Federal Government, unless otherwise agreed to by the Pueblos and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this Act that were expended or withdrawn, or any funds made available to carry out this Act from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— (i) relating to— (I) water rights in the State asserted by— (aa) the Pueblos; or (bb) any user of the Pueblo Water Right; or (II) any other matter covered by subsection (a)(2); or (ii) in any future settlement of water rights of the Pueblos. 9. Satisfaction of claims The benefits provided under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Pueblos against the United States that are waived and released by the Pueblos pursuant to section 8(a). 10. Enforceability date The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) to the extent that the Agreement conflicts with this Act, the Agreement has been amended to conform with this Act; (2) the Agreement, as amended, includes the waivers and releases of claims set forth in section 8, and has been executed by all parties to the Agreement, including the United States; (3) the United States District Court for the District of New Mexico has approved the Agreement and has entered a Partial Final Judgment and Decree; (4) all of the amounts appropriated under section 7 have been appropriated and deposited in the designated accounts of the applicable Pueblo Trust Fund; (5) the State has— (A) provided the funding under section 7(c)(2) into appropriate funding accounts; (B) provided the funding under section 7(c)(1) or entered into a funding agreement with the intended beneficiaries for that funding; and (C) enacted legislation to amend State law to provide that a Pueblo Water Right may be leased for a term of not to exceed 99 years, including renewals; and (6) the waivers and releases under section 8(a) have been executed by the Pueblos and the Secretary. 11. Miscellaneous provisions (a) No waiver of sovereign immunity by the United States Nothing in this Act waives the sovereign immunity of the United States. (b) Other Tribes not adversely affected Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Pueblos. (c) Effect on current law Nothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (d) Conflict In the event of a conflict between the Agreement and this Act, this Act shall control. 12. Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized by this Act, including any obligation or activity under the Agreement, if adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4896is/xml/BILLS-117s4896is.xml |
117-s-4897 | II 117th CONGRESS 2d Session S. 4897 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To make reforms at institutions of higher education.
1. Short title This Act may be cited as the Student Loan Reform Act of 2022 . 2. PLUS Loan Reforms (a) In general Section 455(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(a) ) is amended by adding at the end the following: (4) Termination and restriction of authority to make Federal Direct PLUS Loans (A) Termination of authority to make Federal Direct Plus Loans to graduate or professional students who are not covered healthcare students Notwithstanding any provision of this part or part B, for any period of instruction beginning on or after July 1, 2023, a graduate or professional student (except for a covered healthcare student) shall not be eligible to receive a Federal Direct PLUS Loan under this part for the student's graduate or professional studies. (B) Exception for parent borrowers and covered healthcare students Notwithstanding any provision of this part or part B, for any period of instruction beginning on or after July 1, 2023 and for any parent borrower of a Federal Direct PLUS loan or any covered healthcare student— (i) the maximum annual amount of any Federal Direct PLUS Loan shall not exceed $10,000; and (ii) the maximum aggregate lifetime amount of any Federal Direct PLUS Loans shall not exceed $40,000. (C) Covered healthcare student In this paragraph, the term covered healthcare student means— (i) a student who is in a course of study to— (I) become a Doctor of Allopathic Medicine, Doctor of Osteopathic Medicine, Doctor of Dentistry, Doctor of Optometry, Doctor of Podiatric Medicine, Doctor of Naturopathic Medicine, Doctor of Naturopathy, Doctor of Veterinary Medicine, Doctor of Pharmacy, or Doctor of Chiropractic; or (II) earn a doctoral degree in clinical psychology or a masters or doctoral degree in health administration; and (ii) a student who is in a course of study to become a nurse who will have the same scope of practice as a doctor or degree program described in clause (i). . (b) Report (1) In general By not later than 3 years after the date of enactment of this Act, the Secretary of Education shall submit a report to Congress offering recommendations on other critical STEM-based professions with a high return on investment for which graduate and professional students should be allowed to access Federal Direct PLUS Loans under part D of title IV of the Higher Education Act of 1965 (20 U.S.C.1087a et seq.) for their graduate and professional studies. (2) Considerations In carrying out paragraph (1), the Secretary shall consider— (A) how expanding Federal Direct PLUS Loans to graduate and professional students as described in paragraph (1) would benefit low-income students; and (B) how Congress could index the maximum amount of Federal Direct PLUS Loans for each graduate or professional student borrower to the median earnings for graduates of the borrower's program of study at the borrower's institution of higher education, or the borrower's program of study at a peer institution of higher education. (3) Definition of stem-based In this subsection, the term STEM-based means based in science, technology, engineering, or mathematics. 3. Loan default penalty Section 454 of the Higher Education Act of 1965 ( 20 U.S.C. 1087d(a) ) is amended— (1) in subsection (a)— (A) in paragraph (5), by striking and after the semicolon; (B) by redesignating paragraph (6) as paragraph (8); and (C) by inserting after paragraph (5) the following: (6) provide that the institution accepts the loan default penalty requirements under subsection (d); ; and (2) by adding at the end the following: (d) Loan default penalty requirements (1) In general Beginning with the second fiscal year that begins after the date of enactment of the Student Loan Reform Act of 2022 , and each succeeding fiscal year, each institution of higher education participating in the direct student loan program under this part shall remit to the Secretary, at such times as the Secretary may specify, a student loan default penalty, as determined under paragraph (2). (2) Student loan default penalty For each fiscal year, the student loan default penalty shall be an amount equal to 25 percent of the total amount of loans under this part received for attendance at the institution— (A) that entered into default loan status in the previous fiscal year; (B) for which a borrower entered default loan status for the first time; and (C) for which the borrower did not exit default loan status within the first 60 days after entering such status. . 4. Institutional responsibility for loan repayment Section 454 of the Higher Education Act of 1965 ( 20 U.S.C. 1087d(a) ), as amended by section 3, is further amended— (1) in subsection (a), by inserting after paragraph (6) the following:— (7) provide that the institution accepts the institutional responsibility guarantee requirements under subsection (e); and ; (2) by adding at the end the following: (e) Institutional responsibility guarantee (1) In general Beginning with respect to loans under this part that are disbursed during the first award year that begins after the date of enactment of the Student Loan Reform Act of 2022 , and each succeeding fiscal year, each institution of higher education participating in the Direct student loan program under this part shall provide a written agreement to the Secretary asserting that the institution will remit to the Secretary, at such times as the Secretary may specify, an institutional responsibility payment, as determined under paragraph (2). (2) Institutional responsibility payment The institutional responsibility payment shall be, for each borrower who was enrolled in the institution, an amount equal to the lesser of— (A) a percentage of the total outstanding balance of that borrower that was received for attendance at the institution by that borrower that is equal to 1 percent for each $1000 of the total amount under this part received for attendance at the institution by that borrower; or (B) 50 percent of the total outstanding balance of that borrower that was received under this part for attendance at the institution by that borrower. (3) Use of institutional responsibility payment The Secretary shall apply all of an institutional responsibility payment received under this subsection for a borrower to the outstanding Direct student loan obligation of such student, and shall notify the student of the reduction in the balance of the student's Direct student loan obligations. (4) Total outstanding balance In this subsection, the term total outstanding balance means the total amount of loans under this part— (A) that have gone into default status and remain unpaid after a period of 10 years or more; and (B) that remain unpaid after the period described in subparagraph (A) and after the Secretary has exhausted attempts to recover repayment from the borrower, including through wage garnishment under section 488A, an administrative offset under section 3716 of title 31, United States Code, a Federal salary offset, or any other legal means through which the Secretary may recover repayment of Federal student loans. . 5. Limit on administrative staff (a) Program participation agreement Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) The institution will agree to the limit on administrative staff requirements described in section 487C. . (b) Limit on administrative staff Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. ) is amended by inserting after section 487B the following: 487C. Limit on administrative staff (a) Definitions In this section: (1) Administrative staff The term administrative staff — (A) means staff whose duties are primarily non-academic, non-instructional, and non-research; (B) includes any institutional support staff, such as human resources, marketing, public relations, government relations, executive, administrative, or managerial staff; (C) includes student services staff, such as diversity, equity, and inclusion staff; (D) includes members of the academic administration, such as deans or provosts; and (E) excludes grounds and maintenance staff, cafeteria staff, healthcare practitioners, campus security, religious clergy supported by the institution, and information technology support staff. (2) Covered institution (A) In General The term covered institution — (i) means an institution that— (I) charged an amount for undergraduate tuition and fees equal to or greater than $20,000 for an academic year after the date of enactment of the Student Loan Reform Act of 2022 , as determined by the Secretary on an annual basis; and (II) for the first covered year, had 200 or more individuals serving as administrative staff; and (ii) excludes— (I) an institution that is controlled by or that is closely identified with the tenets of a particular religious organization, as described in section 106.12(c) of title 34, Code of Federal Regulations (as in effect on the date of enactment of the Student Loan Reform Act of 2022 ); and (II) an institution that is a medical school, as determined by the Secretary. (B) Special Rule If an institution charges separate amounts of undergraduate tuition and fees and for in-State and out-of-State students, the amount of tuition and fees for the purposes of this paragraph shall be determined based on the amount that is an average of in-State and out-of-State undergraduate tuition and fees. (3) First covered year The term first covered year , when used with respect to a covered institution, means the first academic year after the date of enactment of the Student Loan Reform Act of 2022 for which the institution's undergraduate tuition and fees exceeded $20,000, as determined in accordance with paragraph (2). (b) In general Beginning for the second academic year after the date of enactment of the Student Loan Reform Act of 2022 , a covered institution that participates in a program under this title shall be required— (1) each year of a school’s participation in a program under this title, to reduce 10 percent of administrative staff at the institution, as compared to the total amount of such administrative staff at the institution in the first covered year, until the completion of the 5th year of such reductions, at which time the institution shall be required to demonstrate to the Secretary that the institution has reduced 50 percent of the administrative staff at the institution, as compared to the administrative staff at the institution in the first covered year; (2) to ensure that after the completion of the 5-year period described in paragraph (1), the institution shall not increase the number of administrative staff at the institution by more than 1 percent annually for the remainder of the institution's participation in a program under this title; (3) to eliminate administrative staff in the order specified under subsection (c); and (4) to submit an annual certification to the Secretary asserting that the institution meets the requirements of paragraphs (1), (2), and (3). (c) Priority for administrative staff reductions An institution shall reduce administrative staff in the following order: (1) First, reducing diversity, equity, and inclusion staff by not less than 95 percent. (2) Second, reducing executive or management staff. (3) Third, reducing human resources staff. . 6. Affirmative Action (a) Institution of higher education The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (b) Prohibition on preferential treatment or discrimination An institution of higher education receiving Federal funds shall not grant preferential treatment to, or discriminate against, any individual or group on the basis of race, color, ethnicity, or national origin, including treatment or discrimination related to employment and student admissions. 7. Critical race theory (a) Definitions (1) Institution of higher education The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (2) Race-based theory The term race-based theory means a theory that— (A) any race is inherently superior or inferior to any other race; (B) the United States is a fundamentally racist country; (C) the Declaration of Independence or the Constitution of the United States is a fundamentally racist document; (D) an individual's moral worth is determined by the race of the individual; (E) an individual, by virtue of the race of the individual, is inherently racist or oppressive, whether consciously or unconsciously; or (F) an individual, because of the race of the individual, bears responsibility for the actions committed by members of the race of the individual. (b) Prohibition on award of funds to certain institutions of higher education No Federal funds may be awarded to an institution of higher education if such institution compels teachers or students to affirm, adhere to, adopt, or profess race-based theories or beliefs contrary to title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ). (c) Rules of construction (1) Protected speech not restricted Nothing in this section shall be construed to restrict the speech of a student, a teacher, or any other individual outside of an instructional setting of an institution of higher education. (2) Access to materials for the purpose of research or independent study Nothing in this section shall be construed to prevent an individual from accessing materials that advocate race-based theories for the purpose of research or independent study. 8. Excise taxes on certain colleges and universities (a) Excise tax on certain large private college and university endowments (1) In general Subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 4969. Excise tax on certain large private college and university endowments (a) Tax imposed There is hereby imposed on each specified applicable educational institution for the taxable year a tax equal to 1 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. (b) Specified applicable educational institution For purposes of this subchapter, the term specified applicable educational institution means any applicable educational institution, other than an institution which is religious in nature, the aggregate fair market value of the assets of which at the end of the preceding taxable year (other than those assets which are used directly in carrying out the institution's exempt purpose) is at least $2,500,000,000. (c) Other terms For purposes of this section— (1) Assets The rules of section 4968(d) shall apply. (2) Student The rules of section 4968(b)(2) shall apply. . (2) Clerical amendment The table of sections for subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 4969. Excise tax on certain large private college and university endowments. . (b) Failure To distribute endowment assets (1) In general Subchapter H of chapter 42 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by adding at the end the following new section: 4970. Failure to distribute endowment assets (a) Tax imposed There is hereby imposed on the undistributed excess endowment amount of each specified applicable educational institution for the taxable year, which has not been distributed before the first day of the second (or any succeeding) taxable year following such taxable year (if such first day falls within the taxable period), a tax equal to 30 percent of such undistributed excess endowment amount remaining undistributed at the beginning of such second (or succeeding) taxable year. The tax imposed by this section shall not apply to the undistributed excess endowment amount of a specified applicable educational institution to the extent that the foundation failed to distribute any amount solely because of an incorrect valuation of assets, if— (1) the failure to value the assets properly was not willful and was due to reasonable cause, (2) such amount is distributed as qualifying distributions by the institution during the allowable distribution period, (3) the institution notifies the Secretary that such amount has been distributed as qualifying distributions to correct such failure, and (4) such distribution is treated, by reason of subsection (e)(2), as made out of the undistributed income for the taxable year for which a tax would (except for this paragraph) have been imposed under this subsection. (b) Additional tax In any case in which an initial tax is imposed under subsection (a) on the undistributed excess endowment amount of any specified applicable educational institution for any taxable year, if any portion of such amount remains undistributed at the close of the taxable period, there is hereby imposed a tax equal to 100 percent of the amount remaining undistributed at such time. (c) Undistributed excess endowment amount For purposes of this section, the term undistributed excess endowment amount means, with respect to any specified applicable educational institution for any taxable year as of any time, the amount by which— (1) the distributable amount for such taxable year, exceeds (2) the qualifying distributions made before such time out of such distributable amount. (d) Distributable amount For purposes of this section, the term distributable amount means, with respect to any specified applicable educational institution for any taxable year, an amount equal to 5 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. The rules of section 4968(d) shall apply for purposes of this section. (e) Qualifying distributions For purposes of this section— (1) In general The term qualifying distribution has the meaning given such term in section 4942(g). (2) Other rules The rules of subsections (h) and (i) of section 4942 shall apply. (f) Taxable period; allowable distribution period The rules of paragraphs (1) and (2) of section 4942(j) shall apply for purposes of this section. . (2) Clerical amendment The table of sections for subchapter H of chapter 42 of the Internal Revenue Code of 1986, as amended by subsection (a), is further amended by adding at the end the following new item: Sec. 4970. Failure to distribute endowment assets. . (c) Establishment of excise tax on excessive tuition (1) In general Subchapter H of chapter 42 of the Internal Revenue Code of 1986, as amended by subsections (a) and (b), is amended by adding at the end the following new section: 4970A. Excise tax on excessive tuition (a) Tax imposed There is hereby imposed on each applicable institution of higher education for the taxable year a tax equal to 20 percent of the total amount of excessive tuition received by such applicable institution of higher education during such taxable year. (b) Excessive tuition (1) In general In this section, the term excessive tuition means, with respect to any individual enrolled at the undergraduate level in the applicable institution of higher education during any taxable year, the amount (if any) equal to the excess of— (A) the amount of undergraduate tuition and fees paid by such individual to such applicable institution of higher education during such taxable year, over (B) $40,000. (2) Tuition and fees For purposes of paragraph (1)(A), the term tuition and fees has the same meaning given the term qualified tuition and related expenses under section 25A(f)(1). (c) Applicable institution of higher education In this section, the term applicable institution of higher education means an institution of higher education as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ) that is not— (1) an institution which is controlled by or which is closely identified with the tenets of a particular religious organization; or (2) a medical school, as described in section 487C(a)(2)(A)(ii)(II) of the Higher Education Act of 1965. . (2) Clerical amendment The table of sections for subchapter H of chapter 42 of such Code, as amended by subsections (a) and (b), is amended by adding at the end the following new item: Sec. 4970A. Excise tax on excessive tuition. . (d) Transfer of funds The Secretary of the Treasury (or such Secretary's delegate) shall from time to time transfer from the general fund of the Treasury to the Secretary of Commerce amounts equal to the increase in revenues by reason of the enactment of subsections (a), (b), and (c), for the purpose of expanding opportunities relating to employer-led apprenticeship programs and on-the-job workforce training. Such funds shall be available until expended to carry out such activities through grants, cooperative agreements, contracts and other arrangements, with States and other appropriate entities. (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. 9. Ban on requiring FAFSA for families who are not using Federal student aid Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ), as amended by section 5, is further amended by adding at the end the following: (31) The institution will not require or pressure any prospective, accepted, or enrolled student at the institution to submit a Free Application for Federal Student Aid under section 483 if such student does not wish to apply for or accept Federal student aid. . 10. Campus Free Speech Restoration (a) Protection of student speech and association rights Section 112(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1011a(a) ) is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following: (2) It is the sense of Congress that— (A) every individual should be free to profess, and to maintain, the opinion of such individual in matters of religion or philosophy, and that professing or maintaining such opinion should in no way diminish, enlarge, or affect the civil liberties or rights of such individual on the campus of an institution of higher education; and (B) no public institution of higher education directly or indirectly receiving financial assistance under this Act should limit religious expression, free expression, or any other rights provided under the First Amendment to the Constitution of the United States. (3) It is the sense of Congress that— (A) free speech zones and restrictive speech codes are inherently at odds with the freedom of speech guaranteed by the First Amendment to the Constitution of the United States; (B) bias reporting systems are susceptible to abuses that may put them at odds with the freedom of speech guaranteed by the First Amendment to the Constitution of the United States; and (C) no public institution of higher education directly or indirectly receiving financial assistance under this Act should restrict the speech of such institution’s students through improperly restrictive zones, codes, or bias reporting systems. . (b) Campus speech policies at institutions of higher education Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et. seq.) is amended— (1) in section 487(a), as amended by sections 5 and 9, by adding at the end the following: (32) In the case of an institution that is— (A) a public institution, the institution will comply with the expressive activity protections described in section 493E; and (B) not a public institution, the institution will comply with the policies in section 493F. ; and (2) in part G, by inserting after section 493D the following: 493E. Campus speech policies at public universities (a) Definition of expressive activities (1) In general In this section, the term expressive activity includes— (A) peacefully assembling, protesting, speaking, or listening; (B) distributing literature; (C) carrying a sign; (D) circulating a petition; or (E) other expressive rights guaranteed under the First Amendment to the Constitution of the United States. (2) Exclusions In this section, the term expressive activity does not include unprotected speech (as defined by the precedents of the Supreme Court of the United States). (b) Expressive activities at an institution (1) In general Each public institution of higher education participating in a program under this title may not prohibit, subject to paragraph (2), a person from freely engaging in noncommercial expressive activity in a generally accessible outdoor area on the institution's campus if the person's conduct is lawful. (2) Restrictions An institution of higher education described in paragraph (1) may not maintain or enforce time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus unless the restriction— (A) is necessary to achieve a compelling governmental interest; (B) is the least restrictive means of furthering that compelling governmental interest; (C) is based on published, content-neutral, and viewpoint-neutral criteria; (D) leaves open ample alternative channels for communication; and (E) provides for spontaneous assembly and distribution of literature. (3) Application The protections provided under paragraph (1) do not apply to expressive activity in an area on an institution's campus that is not a generally accessible outdoor area. (4) Nonapplication to service academies This section shall not apply to an institution of higher education whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine. (c) Causes of action (1) Authorization The following persons may bring an action in a Federal court of competent jurisdiction to enjoin a violation of subsection (b) or to recover compensatory damages, reasonable court costs, or reasonable attorney fees: (A) The Attorney General. (B) A person claiming that the person's expressive activity rights, as described in subsection (b)(1), were violated. (2) Actions Notwithstanding any other provision of law, in an action brought under this section, the Federal court shall decide de novo all relevant questions of fact and law, including the interpretation of constitutional, statutory, and regulatory provisions, unless the parties stipulate otherwise. In an action brought under this subsection, if the court finds a violation of subsection (b), the court— (A) shall— (i) enjoin the violation; and (ii) if a person whose expressive activity rights were violated brought the action, award the person— (I) not less than $500 for an initial violation; and (II) if the person notifies the institution of the violation, $50 for each day the violation continues after the notification if the institution did not act to discontinue the cause of the violation; and (B) may award a prevailing plaintiff— (i) compensatory damages; (ii) reasonable court costs; or (iii) reasonable attorney fees. (d) Statute of limitations (1) In general Except as provided in paragraph (3), an action under subsection (c) may not be brought later than 1 year after the date of the violation. (2) Continuing violation Each day that a violation of subsection (b) continues after an initial violation of subsection (b), and each day that an institution's policy in violation of subsection (b) remains in effect, shall constitute a continuing violation of subsection (b). (3) Extension For a continuing violation described in paragraph (2), the limitation described in paragraph (1) shall extend to 1 year after the date on which the most recent violation occurs. (e) Federal review of speech policies (1) No eligibility for funds (A) In general No public institution of higher education shall be eligible to receive funds under this Act, including participation in any program under this title, if the Secretary determines that the institution— (i) maintains a policy that infringes upon the expressive rights of students under the First Amendment to the Constitution of the United States; or (ii) maintains or enforces time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that do not comply with subparagraphs (A) through (E) of subsection (b)(2). (B) Court review Notwithstanding any other provision of law, the Secretary’s determinations under this subsection shall be reviewed de novo with respect to all relevant questions of fact and law, including the interpretation of constitutional, statutory, and regulatory provisions, unless the parties stipulate otherwise. (2) Designation of an employee to receive complaints The Secretary shall designate an employee in the Office of Postsecondary Education of the Department to receive complaints from students or student organizations at a given public institution of higher education, or from any other person or organization, regarding policies at the institution— (A) that infringe upon the expressive rights of students under the First Amendment to the Constitution of the United States; or (B) that maintain or enforce time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that do not comply with subparagraphs (A) through (E) of subsection (b)(2). (3) Complaint A complaint submitted under subparagraph (2)— (A) shall include the provision of the institution’s policy the complainant believes either infringes upon the expressive rights of students under the First Amendment to the Constitution of the United States or maintains or enforces time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that does not comply with subparagraphs (A) through (E) of subsection (b)(2), along with any evidence regarding the operation and enforcement of such policy the complainant deems relevant; and (B) may include an argument as to why the policy in question either infringes upon the expressive rights of students under the First Amendment to the Constitution of the United States or maintains or enforces time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that does not comply with subparagraphs (A) through (E) of subsection (b)(2). (4) System of review (A) First stage review (i) Request for response Not later than 7 days after the date of receipt of a complaint under paragraph (2), the Secretary shall review the complaint and request a response to the complaint from the institution. (ii) Institution response Not later than 30 days after the date the Secretary requests a response under clause (i), the institution shall— (I) certify to the Secretary that the institution has entirely withdrawn the policy that occasioned the complaint; (II) submit a revised policy for review by the Secretary; or (III) submit a defense of the policy that occasioned the complaint. (iii) Availability to complainant (I) In general Not later than 7 days after the date of receipt of a revised policy or defense of the original policy as submitted by the institution pursuant to clause (ii), the Secretary shall make available to the complainant a copy of such revised policy or defense. (II) Response by complainant Not later than 60 days after the date of receipt of a revised policy or defense of the original policy under subclause (I), the complainant may submit to the Secretary a response to the revised policy or defense of the original policy. (III) Submission to the institution of response Not later than 7 days after the date of receipt of a response under subclause (II), the Secretary shall submit to the institution a copy of such response. (iv) Determinations If the institution declines to entirely withdraw the policy that occasioned the complaint and either submits a revised policy for review or submits a defense of the policy that occasioned the complaint, the Secretary shall, not later than 60 days after the date of the deadline for a response by the complaint as described in clause (iii)(II), make one of the following determinations: (I) Determine that the complaint in question has insufficient merit to proceed to Second Stage Review described in subparagraph (B). (II) Determine that the complaint in question has sufficient merit to proceed to Second Stage Review described in subparagraph (B). (v) Notification Not later than 7 days after the date the Secretary makes a determination under clause (iv), the Secretary shall notify the institution and the complainant of such determination. (vi) End The determination under clause (iv) shall constitute the end of First Stage Review. (B) Second stage review (i) In general In a Second Stage Review, the Secretary shall notify the institution and the complainant of the commencement of the Second Stage Review, and shall give the institution the option of entirely withdrawing the policy that occasioned the complaint or submitting a revised policy for review within 30 days of the commencement of the Second Stage Review. In such notification submitted to the institution and complainant, the Secretary shall indicate the relevant sections of the institution’s policy in question and explain why these sections may be out of compliance. (ii) Determination Not later than 90 days from the commencement of the Second Stage Review, the Secretary shall determine whether the policy that occasioned the complaint, or the revised policy submitted during the First Stage Review, or the revised policy submitted within the first 30 days of the Second Stage Review, is in violation of student rights under the First Amendment to the Constitution of the United States or of the restrictions on the regulation of speech by time, place, and manner set forth in this section, thereby ending Second Stage Review. (iii) Investigation During Second Stage Review, the Secretary may conduct an investigation in which further information may be sought or requested from the complainant, the institution, or any other source the Secretary determines pertinent. (iv) Certification of withdrawal At any point during the Second Stage Review, the institution in question may certify to the Secretary that it has entirely withdrawn the policy that occasioned the complaint, thereby ending the Second Stage Review. (v) Notification and justification If the Secretary determines by the conclusion of Second Stage Review that the policy that occasioned the complaint or the revised policy submitted for review during First Stage Review or Second Stage Review is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and the restrictions on the regulation of speech by time, place, and manner set forth in this Act— (I) the Secretary shall notify the complainant and the institution of such determination not more than 7 days after the date of the determination; and (II) the Secretary shall explain and justify such determination in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public. (C) Determination that institution is out of compliance (i) In general If, upon completion of the Second Stage Review, the Secretary determines that the policy that occasioned the complaint, or the revised policy submitted for review during the First Stage Review or Second Stage Review, violates the First Amendment to the Constitution of the United States or the restrictions on the regulation of speech set forth in this section, the Secretary shall notify the complainant and the institution not more than 7 days after the date of completion of Second Stage Review that the institution is out of compliance with the requirements for receiving funds under this Act, including participation in any program under this title, but will be granted a grace period of 120 days to return to compliance before being formally stripped of eligibility. (ii) Posting; explanation; final review As part of the notification under clause (i), the Secretary shall— (I) require the institution to post the determination of the Secretary on the website of the institution within 2 clicks of the homepage, without a paywall, email login, or other restriction to access; (II) explain and justify the determination of the Secretary in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public; and (III) inform the institution that Final Review has begun and that the institution must either certify to the Secretary that it has entirely withdrawn the policy that occasioned the complaint, or submit a revised policy for review to the Secretary not later than 60 days after the date of receipt of notice of the conclusion of Second Stage Review. (D) Final review (i) In general If an institution submits a revised policy for review as described in subparagraph (C)(ii)(III), the Secretary shall review such revised policy and determine not later than 120 days after the date of commencement of Final Review whether the revised policy is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act. (ii) Determination of compliance If the Secretary determines, as described in clause (i), that the revised policy is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the Secretary shall notify the complainant and the institution of such determination not more than 7 days after the date the determination is made, thereby ending the final Stage Review. (iii) Determination of violation If the Secretary determines, as described in clause (i), that the revised policy violates the expressive rights of students under the First Amendment to the Constitution of the United States or the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the Secretary shall— (I) notify the complainant and the institution of such determination not more than 7 days after the date the determination is made, thereby ending the final Stage Review; and (II) explain and justify the determination in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public. (E) Loss of eligibility (i) In general If the Secretary determines, during the Final Stage Review, that the institution’s policy in question violates the expressive rights of students under the First Amendment to the Constitution of the United States or the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the Secretary shall— (I) notify the complainant and the institution not more than 7 days after the date of the determination that the institution will lose eligibility to receive funds under this Act, including participation in any program under this title, in accordance with this subparagraph; (II) notify the institution that the loss of eligibility shall go into effect beginning with any student notified of acceptance for admission to the institution during the academic year subsequent to the academic year during which the determination is made, and that no restoration of eligibility for ineligible students in subsequent academic years will occur prior to the beginning of the third academic year subsequent to the academic year during which the determination is made; (III) explain and justify the determination in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public; and (IV) require the institution to post the determination of the Secretary on the website of the institution, within two clicks of the homepage, without a paywall, email login, or other restriction to access. (ii) Continued eligibility Each student enrolled at the institution during the academic year in which eligibility is lost as described in this subparagraph, and each student notified of acceptance for admission to the institution during the academic year in which eligibility is lost as described in this subparagraph, shall continue to be eligible to participate, through the institution, in programs funded under this Act during the 5-year period after the date of the loss of eligibility. (F) Restoration of eligibility (i) In general Not later than 7 days after the loss of eligibility under subparagraph (E), the Secretary shall inform the institution that it may restore eligibility, either by certifying to the Secretary that it has entirely withdrawn the policy that precipitated loss of eligibility, or by submitting a revised policy for review at any time following the failure of the Final Review. (ii) Review of revised policy The Secretary shall review a revised policy submitted for review after the loss of eligibility and determine not later than 120 days after the date the revised policy is submitted whether it is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act. (iii) Investigation While conducting a review to restore eligibility under this subparagraph, the Secretary may conduct an investigation in which further information may be sought or requested from the institution, or any other source the Secretary determines pertinent. (iv) Written decision In making a determination of whether a revised policy submitted for review after the loss of eligibility is either consistent or inconsistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the Secretary shall explain and justify the determination in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public. (v) Limit on review The Secretary may conduct not more than 1 review to restore eligibility for a single institution in any given academic year. (vi) Restoration If an institution certifies to the Secretary that the policy that precipitated the loss of eligibility has been entirely withdrawn, or if Secretary determines that the revised policy submitted for review is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the institution’s eligibility to receive funds under this Act, including participation in any program under this title, shall be restored not earlier than the beginning of the third academic year following the year in which notification of loss of eligibility was received. (G) Good faith representation (i) In general The Secretary shall inform any institution undergoing review of its campus speech policies that it expects the institution to represent its policies, along with any proposed revisions in such policies, in good faith. (ii) Misrepresentation (I) Complaints A student, student organization, or any other person or organization may file, with the employee in the Office of Postsecondary Education of the Department designated by the Secretary under paragraph (2) to receive complaints, a complaint that an institution has substantially misrepresented its speech policies, or withheld information requested by the Secretary during an investigation, or attempted to circumvent the review process by reinstituting a policy under review in a substantially similar form without informing the Secretary. (II) Loss of eligibility If the Secretary determines upon investigation, or after receiving a complaint under subclause (I), that an institution has substantially misrepresented its speech policies, or withheld information requested by the Secretary during an investigation, or attempted to circumvent the review process by reinstituting a policy under review in a substantially similar form without informing the Secretary, the institution shall lose eligibility to receive funds under this Act, including participation in any program under this title. (iii) Loss of eligibility If an institution loses eligibility under clause (ii), the Secretary shall notify the institution, not later than 7 days after the determination, that the loss of eligibility shall go into effect beginning with any student notified of acceptance for admission to the institution during the academic year subsequent to the academic year during which the determination is made, and that no restoration of eligibility for students admitted in subsequent academic years will occur prior to the beginning of the third academic year subsequent to the academic year during which the determination is made. (f) Retaliation prohibited (1) In general No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this section. (2) Specific circumstances (A) Exercise of first amendment rights The exercise of rights protected under the First Amendment to the Constitution of the United States does not constitute retaliation prohibited under paragraph (1). (B) Code of conduct violation for materially false statement Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this section does not constitute retaliation prohibited under paragraph (1). A determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith. 493F. Campus speech policies at private universities (a) In general Each private institution of higher education eligible to receive funds under this Act, including any program under this title, shall— (1) post in one place on the website of the institution all policies that pertain to the protection and regulation of the expressive rights of students, including the right to submit a complaint under this section, within 2 clicks of the homepage, without a paywall, email login, or other restriction to access; (2) include a copy of such policies in a handbook distributed to new students; and (3) send a copy of— (A) such policies to the employee of the Department designated by the Secretary to receive such policies; and (B) any updates to such policies to such employee not later than 60 days after the date of a change to such policies. (b) Responsibility for full policy disclosure Each private institution of higher education described in subsection (a) shall include with the copy of the policies described in subsection (a)— (1) a statement affirming that all policies pertinent to the protection and regulation of the expressive rights of students have been disclosed in the manner required by this section, along with an acceptance of contractual obligation to publicly disclose all such policies; and (2) a statement affirming that publication of such policies as required by this section establishes a contractual obligation on the part of the institution to its students to maintain and enforce the disclosed policies, and only those policies, in matters pertaining to the protection and regulation of the expressive rights of students. (c) Cause of action (1) Authorization A student claiming that a private institution of higher education in which the student is enrolled has violated any requirement or contractual obligation imposed by this section may bring an action in a Federal court of competent jurisdiction to enjoin such violation or to recover compensatory damages, reasonable court costs, or reasonable attorney fees. (2) Actions Notwithstanding any other provision of law, in an action brought under this subsection, the Federal court shall decide de novo all relevant questions of fact and law, including the interpretation of constitutional, statutory, and regulatory provisions, unless the parties stipulate otherwise. In an action brought under this subsection, if the court finds a violation of subsection (b), the court— (A) shall— (i) enjoin the violation; and (ii) award the student— (I) not less than $500 for an initial violation; and (II) if the student notifies the institution of the violation, $50 for each day the violation continues after the notification if the institution did not act to discontinue the cause of the violation; and (B) may award a prevailing plaintiff— (i) compensatory damages; (ii) reasonable court costs; or (iii) reasonable attorney fees. (d) Secretarial requirements (1) Designation of an employee The Secretary shall designate an employee in the Office of Postsecondary Education in the Department who shall— (A) receive and compile updated copies of all policies pertaining to the protection and regulation of the expressive rights of students at private institutions of higher education that receive funds under this section, including any programs under this title; (B) preserve all records of such policies for a period of not less than 10 years and make such policies, and the dates they were disclosed, modified, or withdrawn, available for public inspection, including for online reading by the public; (C) receive complaints from students, student organizations, or from any other person or organization, that believes a private institution of higher education has not disclosed a policy pertaining to the protection and regulation of the expressive rights of students as required by this section, is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, or has failed to make and publish a statement affirming contractual responsibility for full policy disclosure, or affirming contractual responsibility for the enforcement of speech policies, as required by this section; (D) not more than 7 days after the date of receipt of a complaint under subparagraph (C), review the complaint and request a response from the institution; (E) undertake an investigation, in response to a complaint under subparagraph (C) or at the Secretary’s independent initiative, to determine whether a private institution of higher education has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section, is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, or has failed to make and publish a statement affirming contractual responsibility for full policy disclosure, or affirming contractual responsibility for the enforcement of speech policies, as required by this section; and (F) determine, not later than 120 days after the date of receipt of a complaint or 120 days after the date of the start of an investigation opened at the Secretary’s independent initiative, whether the private institution of higher education in question has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section, is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, or has failed to make and publish a statement affirming contractual responsibility for full speech policy disclosure, or affirming contractual responsibility for the enforcement of speech policies, as required by this section. (2) Loss of eligibility (A) In general If the Secretary determines that a private institution of higher education has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section, is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, or has failed to make and publish a statement affirming contractual responsibility for full speech policy disclosure, or affirming contractual responsibility for the enforcement of speech policies, as required by this section, the Secretary shall notify the institution and, if applicable, the complainant, not more than 7 days after the date of such determination, that the institution is out of compliance with the requirements for receiving funds under this Act, including participation in any program under this title, but will be granted a grace period of 60 days to return to compliance before formally losing eligibility for receiving funds under this Act, including participation in any program under this title. (B) Specifications in notification As part of the notification under subparagraph (A), the Secretary shall specify which policies need to be disclosed and which statements affirming contractual responsibility for speech policy disclosure and contractual responsibility for speech policy enforcement need to be made and published in order for eligibility to be restored. (C) Notification of loss of eligibility (i) In general If the Secretary determines that, 60 days after being notified that it is out of compliance as described in subparagraph (A), the institution has failed to return to compliance by making the appropriate speech policy disclosures, or statement affirming contractual responsibility for full speech policy disclosure, or statement affirming contractual responsibility for speech policy enforcement, the Secretary shall notify the institution and, if applicable, the complainant, not more than 7 days after the date of such determination— (I) that the institution will lose eligibility to receive funds under this Act, including participation in any program under this title; (II) that the loss of eligibility shall go into effect beginning with any student notified of acceptance for admission to the institution during the academic year subsequent to the academic year during which the determination is made, and that no restoration of eligibility for ineligible students in subsequent years will occur prior to the beginning of the third academic year subsequent to the academic year during which the determination is made; and (III) that the institution shall post the determination of the Secretary on the website of the institution, within two clicks of the homepage, without a paywall, email login, or other restriction to access. (ii) Continued eligibility Each student enrolled at the institution during the academic year in which eligibility is lost as described in this subparagraph, and each student notified of acceptance for admission to the institution during the academic year in which eligibility is lost as described in this subparagraph, shall continue to be eligible to participate, through the institution, in programs funded under this Act during the 5-year period after the date of the loss of eligibility. (3) Restoration of eligibility (A) In general Not later than 7 days after the loss of eligibility under paragraph (2), the Secretary shall inform the institution that it may restore eligibility by making the appropriate speech policy disclosures, or statement affirming contractual responsibility for full speech policy disclosure, or statement affirming contractual responsibility for speech policy enforcement, as directed by the Secretary in conformity with this section. (B) Review The Secretary shall review any policy disclosures, or statement affirming contractual responsibility for full speech policy disclosure, or statement affirming contractual responsibility for speech policy enforcement, and determine whether they are sufficient to restore eligibility for receiving funds under this Act, including participation in any program under this title, not later than 120 days after the date of receipt of such disclosures or statement. (C) Investigation While conducting a review to restore eligibility under this paragraph, the Secretary may conduct an investigation in which further information may be sought or requested from the institution, or any other source the Secretary determines pertinent. (D) Restoration If the Secretary determines that the institution under review to restore eligibility under this paragraph has made the policy disclosures, and issued the statement affirming contractual responsibility for full speech policy disclosure, and the statement affirming contractual responsibility for speech policy enforcement, as required by this section, the institution’s eligibility to receive funds under this Act, including participation in any program under this title, shall be restored not earlier than the beginning of the third academic year following the year in which notification of loss of eligibility was received. (E) Limit on review The Secretary may conduct not more than 1 review to restore eligibility for a single institution in any given academic year. (e) Nonapplication to certain institutions This section shall not apply to an institution of higher education that is controlled by a religious organization. . 11. Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the remaining provisions of this Act to any person or circumstance shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s4897is/xml/BILLS-117s4897is.xml |
117-s-4898 | II 117th CONGRESS 2d Session S. 4898 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To approve the settlement of water rights claims of the Pueblos of Acoma and Laguna in the Rio San José Stream System in the State of New Mexico, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Pueblos of Acoma and Laguna Water Rights Settlement 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. Purposes. Sec. 3. Definitions. Sec. 4. Ratification of Agreement. Sec. 5. Pueblo Water Rights. Sec. 6. Settlement trust funds. Sec. 7. Funding. Sec. 8. Enforceability Date. Sec. 9. Waivers and releases of claims. Sec. 10. Claims. Sec. 11. Consent of United States to jurisdiction for appeals from a Pueblo Water Right permit decision. Sec. 12. Miscellaneous provisions. Sec. 13. Antideficiency. 2. Purposes The purposes of this Act are— (1) to achieve a fair, equitable, and final settlement of all issues and controversies concerning claims to water rights in the general stream adjudication of the Rio San José Stream System captioned State of New Mexico, ex rel. State Engineer v. Kerr-McGee, et al. , No. D–1333–CV–1983–00190 and No. D–1333–CV–1983–00220 (consolidated), pending in the Thirteenth Judicial District Court for the State of New Mexico, for— (A) the Pueblo of Acoma; (B) the Pueblo of Laguna; and (C) the United States, acting as trustee for the Pueblos of Acoma and Laguna; (2) to authorize, ratify, and confirm the agreement entered into by the Pueblos, the State, and various other parties to the Agreement, to the extent that the Agreement is consistent with this Act; (3) to authorize and direct the Secretary— (A) to execute the Agreement; and (B) to take any other actions necessary to carry out the Agreement in accordance with this Act; and (4) to authorize funds necessary for the implementation of the Agreement and this Act. 3. Definitions In this Act: (1) Acequia The term Acequia means each of the Bluewater Toltec Irrigation District, La Acequia Madre del Ojo del Gallo, Moquino Water Users Association II, Murray Acres Irrigation Association, San Mateo Irrigation Association, Seboyeta Community Irrigation Association, Cubero Acequia Association, Cebolletita Acequia Association, and Community Ditch of San José de la Cienega. (2) Adjudication The term Adjudication means the general adjudication of water rights entitled State of New Mexico, ex rel. State Engineer v. Kerr-McGee, et al. , No. D–1333–CV–1983–00190 and No. D–1333–CV–1983–00220 (consolidated) pending, as of the date of enactment of this Act, in the Decree Court. (3) Agreement The term Agreement means— (A) the document entitled Rio San José Stream System Water Rights Local Settlement Agreement Among the Pueblo of Acoma, the Pueblo of Laguna, the Navajo Nation, the State of New Mexico, the City of Grants, the Village of Milan, the Association of Community Ditches of the Rio San José and Nine Individual Acequias and Community Ditches and dated May 13, 2022, and the attachments thereto; and (B) any amendment to the document referred to in subparagraph (A) (including an amendment to an attachment thereto) that is executed to ensure that the Agreement is consistent with this Act. (4) Decree Court The term Decree Court means the Thirteenth Judicial District Court of the State of New Mexico. (5) Enforceability Date The term Enforceability Date means the date described in section 8. (6) Partial Final Judgment and Decree The term Partial Final Judgment and Decree means a final or interlocutory partial final judgment and decree entered by the Decree Court with respect to the water rights of the Pueblos— (A) that is substantially in the form described in article 14.7.2 of the Agreement, as amended to ensure consistency with this Act; and (B) from which no further appeal may be taken. (7) Pueblo The term Pueblo means either of— (A) the Pueblo of Acoma; or (B) the Pueblo of Laguna. (8) Pueblo Land (A) In general The term Pueblo Land means any real property— (i) in the Rio San José Stream System that is held by the United States in trust for either Pueblo, or owned by either Pueblo, as of the Enforceability Date; (ii) in the Rio Salado Basin that is held by the United States in trust for the Pueblo of Acoma, or owned by the Pueblo of Acoma, as of the Enforceability Date; or (iii) in the Rio Puerco Basin that is held by the United States in trust for the Pueblo of Laguna, or owned by the Pueblo of Laguna, as of the Enforceability Date. (B) Inclusions The term Pueblo Land includes land placed in trust with the United States subsequent to the Enforceability Date for either Pueblo in the Rio San José Stream System, for the Pueblo of Acoma in the Rio Salado Basin, or for the Pueblo of Laguna in the Rio Puerco Basin. (9) Pueblo Trust Fund The term Pueblo Trust Fund means— (A) the Pueblo of Acoma Settlement Trust Fund established by section 6(a); (B) the Pueblo of Laguna Settlement Trust Fund established by that section; and (C) the Acomita Reservoir Works Trust Fund established by that section. (10) Pueblo Water Rights The term Pueblo Water Rights means— (A) the respective water rights of the Pueblos in the Rio San José Stream System— (i) as identified in the Agreement and section 5 of this Act; and (ii) as confirmed in the Partial Final Judgment and Decree; (B) the water rights of the Pueblo of Acoma in the Rio Salado Basin; and (C) the water rights of the Pueblo of Laguna in the Rio Puerco Basin, as identified in the Agreement and section 5 of this Act. (11) Pueblos The term Pueblos means— (A) the Pueblo of Acoma; and (B) the Pueblo of Laguna. (12) Rio Puerco Basin The term Rio Puerco Basin means the area defined by the United States Geological Survey Hydrologic Unit Codes (HUC) 13020204 (Rio Puerco subbasin) and 13020205 (Arroyo Chico subbasin), including the hydrologically connected groundwater. (13) Rio San José Stream System The term Rio San José Stream System means the geographic extent of the area involved in the Adjudication pursuant to the description filed in the Decree Court on November 21, 1986. (14) Rio salado basin The term Rio Salado Basin means the area defined by the United States Geological Survey Hydrologic Unit Code (HUC) 13020209 (Rio Salado subbasin), including the hydrologically connected groundwater. (15) Secretary The term Secretary means the Secretary of the Interior. (16) Signatory Acequia The term Signatory Acequia means an acequia that is a signatory to the Agreement. (17) State The term State means the State of New Mexico and all officers, agents, departments, and political subdivisions of the State of New Mexico. 4. Ratification of Agreement (a) Ratification (1) In general Except as modified by this Act and to the extent the Agreement does not conflict with this Act, the Agreement is authorized, ratified, and confirmed. (2) Amendments If an amendment to the Agreement or any attachment to the Agreement requiring the signature of the Secretary is executed in accordance with this Act to make the Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed. (b) Execution (1) In general To the extent the Agreement does not conflict with this Act, the Secretary shall execute the Agreement, including all attachments to or parts of the Agreement requiring the signature of the Secretary. (2) Modifications Nothing in this Act prohibits the Secretary, after execution of the Agreement, from approving any modification to the Agreement, including an attachment to the Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or any other applicable provision of Federal law. (c) Environmental compliance (1) In general In implementing the Agreement and this Act, the Secretary shall comply with— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and (C) all other applicable Federal environmental laws and regulations. (2) Compliance (A) In general In implementing the Agreement and this Act, the Pueblos shall prepare any necessary environmental documents consistent with— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations The Secretary shall— (i) independently evaluate the documentation required under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution The execution of the Agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Costs Any costs associated with the performance of the compliance activities under subsection (c) shall be paid from funds deposited in the Pueblo Trust Funds, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary. 5. Pueblo Water Rights (a) Trust status of the Pueblo Water Rights The Pueblo Water Rights shall be held in trust by the United States on behalf of the Pueblos in accordance with the Agreement and this Act. (b) Forfeiture and abandonment (1) In general The Pueblo Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (2) State-law based water rights Pursuant to the Agreement, State-law based water rights acquired by a Pueblo, or by the United States on behalf of a Pueblo, after the date for inclusion in the Partial Final Judgment and Decree, shall not be subject to forfeiture, abandonment, or permanent alienation from the time they are acquired. (c) Use Any use of the Pueblo Water Rights shall be subject to the terms and conditions of the Agreement and this Act. (d) Authority of the Pueblos (1) In general The Pueblos shall have the authority to allocate, distribute, and lease the Pueblo Water Rights for use on Pueblo Land in accordance with the Agreement, this Act, and applicable Federal law. (2) Use off Pueblo land The Pueblos may allocate, distribute, and lease the Pueblo Water Rights for use off Pueblo Land in accordance with the Agreement, this Act, and applicable Federal law, subject to the approval of the Secretary. (e) Administration (1) No alienation The Pueblos shall not permanently alienate any portion of the Pueblo Water Rights. (2) Purchases or grants of land from Indians An authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action required by Federal law. (3) Prohibition on forfeiture The non-use of all or any portion of the Pueblo Water Rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Pueblo Water Rights. 6. Settlement trust funds (a) Establishment The Secretary shall establish 2 trust funds, to be known as the Pueblo of Acoma Settlement Trust Fund and the Pueblo of Laguna Settlement Trust Fund , and a trust fund for the benefit of both Pueblos to be known as the Acomita Reservoir Works Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Pueblo Trust Funds under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this Act. (b) Accounts (1) Pueblo of Acoma Settlement Trust Fund The Secretary shall establish in the Pueblo of Acoma Settlement Trust Fund the following accounts: (A) The Water Rights Settlement Account. (B) The Water Infrastructure Operations and Maintenance Account. (C) The Feasibility Studies Settlement Account. (2) Pueblo of Laguna Settlement Trust Fund The Secretary shall establish in the Pueblo of Laguna Settlement Trust Fund the following accounts: (A) The Water Rights Settlement Account. (B) The Water Infrastructure Operations and Maintenance Account. (C) The Feasibility Studies Settlement Account. (c) Deposits The Secretary shall deposit in each Pueblo Trust Fund the amounts made available pursuant to section 7(a). (d) Management and interest (1) Management On receipt and deposit of funds into the Pueblo Trust Funds under subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Pueblo Trust Funds in a manner that is consistent with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ); and (C) this subsection. (2) Investment earnings In addition to the deposits made to each Pueblo Trust Fund under subsection (c), any investment earnings, including interest, earned on those amounts held in each Pueblo Trust Fund are authorized to be used in accordance with subsections (f) and (h). (e) Availability of amounts (1) In general Amounts appropriated to, and deposited in, each Pueblo Trust Fund, including any investment earnings (including interest) earned on those amounts, shall be made available to the Pueblo or Pueblos by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for those funds to be made available to the Pueblos pursuant to paragraph (2). (2) Use of funds Notwithstanding paragraph (1)— (A) amounts deposited in the Feasibility Studies Settlement Account of each Pueblo Trust Fund, including any investment earnings, including interest, earned on those amounts shall be available to the Pueblo on the date on which the amounts are deposited for uses described in subsection (h)(3), and in accordance with the Agreement; (B) amounts deposited in the Acomita Reservoir Works Trust Fund, including any investment earnings, including interest, earned on those amounts shall be available to the Pueblos on the date on which the amounts are deposited for uses described in subsection (h)(4), and in accordance with the Agreement; and (C) up to $15,000,000 from the Water Rights Settlement Account for each Pueblo shall be available for installing, on Pueblo Lands, groundwater wells to meet immediate domestic, commercial, municipal and industrial water needs, and associated environmental, cultural, and historical compliance. (f) Withdrawals (1) Withdrawals under the American Indian Trust Fund Management Reform Act of 1994 (A) In general Each Pueblo may withdraw any portion of the amounts in its respective Settlement Trust Fund on approval by the Secretary of a Tribal management plan submitted by each Pueblo in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (B) Requirements In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), the Tribal management plan under this paragraph shall require that the appropriate Pueblo shall spend all amounts withdrawn from each Pueblo Trust Fund, and any investment earnings (including interest) earned on those amounts, through the investments under the Tribal management plan, in accordance with this Act. (C) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph to ensure that amounts withdrawn by each Pueblo from the Pueblo Trust Funds under subparagraph (A) are used in accordance with this Act. (2) Withdrawals under expenditure plan (A) In general Each Pueblo may submit to the Secretary a request to withdraw funds from the Pueblo Trust Fund of the Pueblo pursuant to an approved expenditure plan. (B) Requirements To be eligible to withdraw amounts under an expenditure plan under subparagraph (A), the appropriate Pueblo shall submit to the Secretary an expenditure plan for any portion of the Pueblo Trust Fund that the Pueblo elects to withdraw pursuant to that subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act. (C) Inclusions An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Pueblo Trust Fund will be used by the Pueblo, in accordance with this subsection and subsection (h). (D) Approval The Secretary shall approve an expenditure plan submitted under subparagraph (A) if the Secretary determines that the plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this Act. (E) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this Act. (3) Withdrawals from Acomita Reservoir Works Trust Fund (A) In general A Pueblo may submit to the Secretary a request to withdraw funds from the Acomita Reservoir Works Trust Fund pursuant to an approved joint expenditure plan. (B) Requirements (i) In general To be eligible to withdraw amounts under a joint expenditure plan under subparagraph (A), the Pueblos shall submit to the Secretary a joint expenditure plan for any portion of the Acomita Reservoir Works Trust Fund that the Pueblos elect to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in subsection (h)(4). (ii) Written resolution Each request to withdraw amounts under a joint expenditure plan submitted under clause (i) shall be accompanied by a written resolution from the Tribal councils of both Pueblos approving the requested use and disbursement of funds. (C) Inclusions A joint expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Acomita Reservoir Works Trust Fund will be used by the Pueblo or Pueblos to whom the funds will be disbursed, in accordance with subsection (h)(4). (D) Approval The Secretary shall approve a joint expenditure plan submitted under subparagraph (A) if the Secretary determines that the plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this Act. (E) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce a joint expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this Act. (g) Effect of section Nothing in this section gives the Pueblos the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under paragraph (1) of subsection (f) or an expenditure plan under paragraph (2) or (3) of that subsection, except under subchapter II of chapter 5, of title 5, United States Code, and chapter 7 of title 5, United States Code (commonly known as the Administrative Procedure Act ). (h) Uses (1) Water Rights Settlement Account The Water Rights Settlement Account for each Pueblo may only be used for the following purposes: (A) Acquiring water rights or water supply. (B) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, including for domestic and municipal use, on-farm improvements, or wastewater infrastructure. (C) Pueblo Water Rights management and administration. (D) Watershed protection and enhancement, support of agriculture, water-related Pueblo community welfare and economic development, and costs relating to implementation of the Agreement. (E) Environmental compliance in the development and construction of infrastructure under this Act. (2) Water Infrastructure Operations and Maintenance Trust Account The Water Infrastructure Operations and Maintenance Account for each Pueblo may only be used to pay costs for operation and maintenance of water infrastructure to serve Pueblo domestic, commercial, municipal, and industrial water uses from any water source. (3) Feasibility Studies Settlement Account The Feasibility Studies Settlement Account for each Pueblo may only be used to pay costs for feasibility studies of water supply infrastructure to serve Pueblo domestic, commercial, municipal, and industrial water uses from any water source. (4) Acomita Reservoir Works Trust Fund The Acomita Reservoir Works Trust Fund may only be used for planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, maintaining, or repairing Acomita reservoir, its dam, inlet works, outlet works, and the North Acomita Ditch from the Acomita Reservoir outlet on the Pueblo of Acoma through its terminus on the Pueblo of Laguna. (i) Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Pueblo Trust Funds by a Pueblo under paragraph (1), (2), or (3) of subsection (f). (j) Expenditure reports Each Pueblo shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under paragraph (1), (2), or (3) of subsection (f), as applicable. (k) No per capita distributions No portion of the Pueblo Trust Funds shall be distributed on a per capita basis to any member of a Pueblo. (l) Title to infrastructure Title to, control over, and operation of any project constructed using funds from the Pueblo Trust Funds shall remain in the appropriate Pueblo or Pueblos. (m) Operation, maintenance, and replacement All operation, maintenance, and replacement costs of any project constructed using funds from the Pueblo Trust Funds shall be the responsibility of the appropriate Pueblo or Pueblos. 7. Funding (a) Mandatory appropriations Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary the following amounts for the following accounts: (1) Pueblo of Acoma Settlement Trust Fund (A) The Water Rights Settlement Account $296,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (B) The Water Infrastructure Operations and Maintenance Account $14,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (C) The Feasibility Studies Settlement Account $1,750,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (2) Pueblo of Laguna Settlement Trust Fund (A) The Water Rights Settlement Account $464,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (B) The Water Infrastructure Operations and Maintenance Account $26,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (C) The Feasibility Studies Settlement Account $3,250,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (3) Acomita Reservoir Works Trust Fund $45,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (b) Fluctuations in costs (1) In general The amounts appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs, as indicated by the Bureau of Reclamation Construction Cost Index–Composite Trend. (2) Construction costs adjustment The amounts appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices, as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (3) Repetition The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the applicable amount, as adjusted, has been appropriated. (4) Period of indexing The period of indexing and adjustment under this subsection for any increment of funding shall start on October 1, 2021, and shall end on the date on which funds are deposited in the applicable Pueblo Trust Fund. (c) State cost share Pursuant to the Agreement, the State shall contribute— (1) $24,000,000, as adjusted for inflation pursuant to the Agreement, for the Joint Grants-Milan Project for Water Re-Use, Water Conservation and Augmentation of the Rio San José, the Village of Milan Projects Fund, and the City of Grants Projects Fund; (2) $12,000,000, as adjusted for the inflation pursuant to the Agreement, for Signatory Acequias Projects and Offset Projects Fund for the Association of Community Ditches of the Rio San José; and (3) $500,000, as adjusted for inflation pursuant to the Agreement, to mitigate impairment to non-Pueblo domestic and livestock groundwater rights as a result of new Pueblo water use. 8. Enforceability Date (a) In general The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) to the extent that the Agreement conflicts with this Act, the Agreement has been amended to conform with this Act; (2) the Agreement, as amended, including the waivers and releases of claims set forth in section 9, has been executed by all parties to the Agreement, including the United States; (3) all of the amounts appropriated under section 7 have been appropriated and deposited in the designated accounts of the Pueblo Trust Fund; (4) the State has enacted legislation to amend State law to provide that a Pueblo Water Right may be leased for a term not to exceed 99 years, including renewals; (5) the State has provided— (A) the funding under section 7(c)(3) into appropriate funding accounts; and (B) the funding under paragraphs (1) and (2) of section 7(c) into appropriate funding accounts or entered into funding agreements with the intended beneficiaries for funding under those paragraphs of that section; and (6) the Decree Court has approved the Agreement and has entered a Partial Final Judgment and Decree. (b) Expiration (1) In general This Act shall expire in any case in which the Secretary fails to publish a statement of findings under subsection (a) by not later than— (A) July 1, 2030; or (B) such alternative later date as is agreed to by the Pueblos and the Secretary, after providing reasonable notice to the State. (2) Consequences If this Act expires under paragraph (1)— (A) the waivers and releases under subsections (a) and (b) of section 9 shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the Agreement under section 4 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this Act shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act, shall be returned to the Federal Government, unless otherwise agreed to by the Pueblos and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this Act that were expended or withdrawn, or any funds made available to carry out this Act from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— (i) relating to— (I) water rights in the State asserted by the Pueblos or any user of the Pueblo Water Rights; or (II) any other matter covered by section 9(a)(2); or (ii) in any future settlement of water rights of the Pueblos. 9. Waivers and releases of claims (a) Waivers and releases of claims by Pueblos and the United States as trustee for Pueblos Subject to the reservation of rights and retention of claims under subsection (d), as consideration for recognition of the Pueblo Water Rights and other benefits described in the Agreement and this Act, the Pueblos and the United States, acting as trustee for the Pueblos, shall execute a waiver and release of all claims for— (1) water rights within the Rio San José Stream System that the Pueblos, or the United States acting as trustee for the Pueblos, asserted or could have asserted in any proceeding, including the Adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the Agreement and this Act; and (2) damages, losses, or injuries to water rights or claims of interference with, diversion of, or taking of water rights (including claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) in waters in the Rio San José Stream System against any party to the Agreement, including the members and parciantes of Signatory Acequias, that accrued at any time up to and including the Enforceability Date. (b) Waivers and releases of claims by Pueblos against United States Subject to the reservation of rights and retention of claims under subsection (d), the Pueblos shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) first arising before the Enforceability Date relating to— (1) water rights within the Rio San José Stream System that the United States, acting as trustee for the Pueblos, asserted or could have asserted in any proceeding, including the Adjudication, except to the extent that such rights are recognized as part of the Pueblo Water Rights under this Act; (2) foregone benefits from non-Pueblo use of water, on and off Pueblo Land (including water from all sources and for all uses), within the Rio San José Stream System; (3) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the Rio San José Stream System; (4) a failure to provide operation, maintenance, or deferred maintenance for any irrigation system or irrigation project within the Rio San José Stream System; (5) a failure to establish or provide a municipal, rural, or industrial water delivery system on Pueblo Land within the Rio San José Stream System; (6) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on Pueblo Land (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat) within the Rio San José Stream System; (7) a failure to provide a dam safety improvement to a dam on Pueblo Land within the Rio San José Stream System; (8) the litigation of claims relating to any water right of the Pueblos within the Rio San José Stream System; and (9) the negotiation, execution, or adoption of the Agreement (including attachments) and this Act. (c) Effective date The waivers and releases described in subsections (a) and (b) shall take effect on the Enforceability Date. (d) Reservation of rights and retention of claims Notwithstanding the waivers and releases under subsections (a) and (b), the Pueblos and the United States, acting as trustee for the Pueblos, shall retain— (1) all claims relating to— (A) the enforcement of, or claims accruing after the Enforceability Date relating to water rights recognized under, the Agreement, this Act, or the Partial Final Judgment and Decree entered in the Adjudication; (B) activities affecting the quality of water and the environment, including claims under— (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), including claims for damages to natural resources; (ii) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (iii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); and (iv) any regulations implementing the Acts described in clauses (i) through (iii); (C) the right to use and protect water rights acquired after the date of enactment of this Act; (D) damage, loss, or injury to land or natural resources that is not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights; (E) all claims for water rights, and claims for injury to water rights, in basins other than the Rio San José Stream System, subject to article 8.5 of the Agreement with respect to the claims of the Pueblo of Laguna for water rights in the Rio Puerco Basin and the claims of the Pueblo of Acoma for water rights in the Rio Salado Basin; (F) all claims relating to the Jackpile-Paguate Uranium Mine in the State that are not due to loss of water or water rights; and (G) all rights, remedies, privileges, immunities, and powers and claims not specifically waived and released pursuant to this Act or the Agreement. (e) Effect of Agreement and Act Nothing in the Agreement or this Act— (1) reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity, except as provided in section 11; (2) affects the ability of the United States, as a sovereign, to carry out any activity authorized by law, including— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); (D) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ); and (E) any regulations implementing the Acts described in subparagraphs (A) through (D); (3) affects the ability of the United States to act as trustee for any other pueblo or Indian Tribe, or an allottee of any other Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; or (C) to conduct judicial review of any Federal agency action; or (5) waives any claim of a member of a Pueblo in an individual capacity that does not derive from a right of the Pueblos. (f) Tolling of claims (1) In general Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability Date. (2) Effect of subsection Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. (3) Limitation Nothing in this section precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law. 10. Claims The benefits provided under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Pueblos against the United States that are waived and released by the Pueblos pursuant to section 9(b). 11. Consent of United States to jurisdiction for appeals from a Pueblo Water Right permit decision (a) Consent On the Enforceability Date, the consent of the United States is hereby given, with the consent of each Pueblo under article 11.5 of the Agreement, to jurisdiction in the District Court for the Thirteenth Judicial District of the State of New Mexico, and in the New Mexico Court of Appeals and the New Mexico Supreme Court on appeal therefrom in the same manner as provided under New Mexico law, over an action filed in such District Court by any party to a Pueblo Water Rights Permit administrative proceeding under article 11.4 of the Agreement for the limited and sole purpose of an appeal from the Pueblo Water Right Permit decision under article 11.5 of the Agreement. (b) Limitation The consent of the United States under this Act is limited to judicial review, based on the record developed through the administrative process of the Pueblo, under a standard of judicial review limited to determining whether the Pueblo decision on the application for Pueblo Water Right Permit— (1) is supported by substantial evidence; (2) is not arbitrary, capricious, or contrary to law; (3) is not in accordance with this Agreement or the Partial Final Judgment and Decree; or (4) shows that the Pueblo acted fraudulently or outside the scope of its authority. (c) Pueblo Water Code and interpretation (1) In general Pueblo Water Code or Pueblo Water Law provisions that meet the requirements of article 11 of the Agreement shall be given full faith and credit in any proceeding described in this section. (2) Provisions of the Pueblo Water Code To the extent that a State court conducting judicial review under this section must interpret provisions of Pueblo law that are not express provisions of the Pueblo Water Code, the State court shall certify the question of interpretation to the Pueblo court. (3) No certification Any issues of interpretation of standards in article 11.6 of the Agreement are not subject to certification. (4) Limitation Nothing in this section limits the jurisdiction of the Decree Court to interpret and enforce the Agreement. 12. Miscellaneous provisions (a) Waiver of sovereign immunity by the United States Nothing in this Act waives the sovereign immunity of the United States. (b) Other tribes not adversely affected Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Pueblos. (c) Effect on current law Nothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (d) Conflict In the event of a conflict between the Agreement and this Act, this Act shall control. 13. Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized by this Act, including any obligation or activity under the Agreement, if adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4898is/xml/BILLS-117s4898is.xml |
117-s-4899 | II 117th CONGRESS 2d Session S. 4899 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Portman (for himself and Mr. Brown ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To amend title XVIII of the Social Security Act to Remedy election revocations relating to administration of COVID–19 vaccines.
1. Short title This Act may be cited as the Improving Medicare Patients with RNHCI Options to Vaccinate Easily Act or the IMPROVE Act . 2. Remedying election revocations relating to administration of COVID–19 vaccines (a) In general Section 1821(b)(5)(A) of the Social Security Act ( 42 U.S.C. 1395i–5(b)(5)(A) ) is amended— (1) in clause (i), by striking or or at the end; (2) in clause (ii), by striking the period at the end and inserting , or ; and (3) by adding at the end the following new clause: (iii) effective beginning on the date of the enactment of this clause, that is a COVID–19 vaccine and its administration described in section 1861(s)(10)(A). . (b) Special rules for COVID–19 vaccines relating to revocation of election Notwithstanding paragraphs (3) and (4) of section 1821(b) of the Social Security Act ( 42 U.S.C. 1395i–5(b) ), in the case of an individual with a revocation of an election under such section prior to the date of enactment of this Act by reason of receiving a COVID–19 vaccine and its administration described in section 1861(s)(10)(A) of such Act ( 42 U.S.C. 1395x(s)(10)(A) ), the following rules shall apply: (1) Beginning on such date of enactment, such individual may make an election under such section, which shall take effect immediately upon its execution, if such individual would be eligible to make such an election if they had not received such COVID–19 vaccine and its administration. (2) Such revoked election shall not be taken into account for purposes of determining the effective date for an election described in subparagraph (A) or (B) of such paragraph (4). (c) Medicare Improvement Fund Section 1898(b)(1) of the Social Security Act ( 42 U.S.C. 1395iii(b)(1) ) is amended by striking $7,500,000,000 and inserting $7,493,000,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s4899cps/xml/BILLS-117s4899cps.xml |
117-s-4900 | One Hundred Seventeenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two S. 4900 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize the SBIR and STTR programs and pilot programs, and for other purposes.
1. Short title This Act may be cited as the SBIR and STTR Extension Act of 2022 . 2. Definitions In this Act: (1) Administration; Administrator The terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively. (2) Federal agency; Phase I; Phase II; Phase III; SBIR; STTR The terms Federal agency , Phase I , Phase II , Phase III , SBIR , and STTR have the meanings given those terms, respectively, in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). 3. Reauthorization of SBIR and STTR programs and pilot programs Section 9 of the Small Business Act ( 15 U.S.C. 638 ) is amended by striking 2022 each place that term appears and inserting 2025 . 4. Foreign risk management (a) Definitions Section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ) is amended— (1) in paragraph (13)(B), by striking and at the end; (2) in paragraph (14), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (15) the term covered individual means an individual who— (A) contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency; and (B) is designated as a covered individual by the Federal research agency concerned; (16) the term foreign affiliation means a funded or unfunded academic, professional, or institutional appointment or position with a foreign government or government-owned entity, whether full-time, part-time, or voluntary (including adjunct, visiting, or honorary); (17) the term foreign country of concern means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country determined to be a country of concern by the Secretary of State; (18) the term malign foreign talent recruitment program has the meaning given such term in section 10638 of the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167 ); and (19) the term federally funded award means a Phase I, Phase II (including a Phase II award under subsection (cc)), or Phase III SBIR or STTR award made using a funding agreement. . (b) Due diligence program to assess security risks (1) In general Section 9 of the Small Business Act ( 15 U.S.C. 638 ) is amended by adding at the end the following: (vv) Due diligence program to assess security risks (1) Establishment The head of each Federal agency required to establish an SBIR or STTR program, in coordination with the Administrator, shall establish and implement a due diligence program to assess security risks presented by small business concerns seeking a federally funded award. (2) Risks Each program established under paragraph (1) shall— (A) assess, using a risk-based approach as appropriate, the cybersecurity practices, patent analysis, employee analysis, and foreign ownership of a small business concern seeking an award, including the financial ties and obligations (which shall include surety, equity, and debt obligations) of the small business concern and employees of the small business concern to a foreign country, foreign person, or foreign entity; and (B) assess awards and proposals or applications, as applicable, using a risk-based approach as appropriate, including through the use of open-source analysis and analytical tools, for the nondisclosures of information required under (g)(13). (3) Administrative costs (A) In general In addition to the amount allocated under subsection (mm)(1), each Federal agency required to establish an SBIR program may allocate not more than 2 percent of the funds allocated to the SBIR program of the Federal agency for the cost of establishing the due diligence program required under this subsection. (B) Reporting (i) In general Not later than December 31 of the year in which this subparagraph is enacted, and not later than December 31 of each year thereafter, the head of a Federal agency that exercises the authority under subparagraph (A) shall submit to the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Small Business and Entrepreneurship of the Senate, and the Administrator, for the covered year— (I) the total funds allowed to be allocated for the cost of establishing the due diligence program required under this subsection; (II) the total amount of funds obligated or expended under subparagraph (A); and (III) the due diligence activities carried out or to be carried out using amounts allocated under subparagraph (A). (ii) Annual report inclusion The Administrator shall include the information submitted by head of a Federal agency under clause (i) in the next annual report submitted under subsection (b)(7) after the Administrator receives such information. (iii) Covered year In this subparagraph, the term covered year means, with respect to the information required under clause (i), the year covered by the annual report submitted under subsection (b)(7) in which the Administrator is required to include such information by clause (ii). (C) Termination date This paragraph shall terminate on September 30, 2025. . (2) Implementation (A) In general Not later than 270 days after the date of enactment of this Act, the head of a Federal agency required to establish an SBIR or STTR program shall implement a due diligence program under subsection (vv) of section 9 of the Small Business Act ( 15 U.S.C. 638 ), as added by paragraph (1), at the Federal agency that, to the extent practicable, incorporates the applicable best practices disseminated under paragraph (3). (B) Paperwork Reduction Act Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to the implementation of a due diligence program under subsection (vv) of section 9 of the Small Business Act ( 15 U.S.C. 638 ), as added by paragraph (1). (C) Briefing Not later than 30 days after the date of enactment of this Act, and on a recurring basis until implementation is complete, each Federal agency required to establish a due diligence program under subsection (vv) of section 9 of the Small Business Act ( 15 U.S.C. 638 ), as added by paragraph (1), shall brief the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives on the implementation of the due diligence program. (3) Best practices Not later than 180 days after the date of enactment of this Act, the Administrator shall— (A) in coordination with the Director of the Office of Science and Technology Policy and in consultation with the Committee on Foreign Investment in the United States, disseminate among Federal agencies required to establish an SBIR or STTR program best practices of those Federal agencies for due diligence programs required under subsection (vv) of section 9 of the Small Business Act ( 15 U.S.C. 638 ), as added by paragraph (1); and (B) in consultation with the Committee on Foreign Investment in the United States, provide to Federal agencies described in subparagraph (A) guidance on the business relationships required to be disclosed under paragraph (13)(G) of subsection (g) and paragraph (17)(G) of subsection (o) of section 9 of the Small Business Act ( 15 U.S.C. 638 ), as added by this Act. (4) GAO study Not later than 1 year after the date of enactment of this Act, and annually thereafter for 3 years, the Comptroller General of the United States shall conduct a study and submit to the Committee on Small Business and Entrepreneurship and the Committee on Armed Services of the Senate and the Committee on Small Business, the Committee on Armed Services, and the Committee on Science, Space, and Technology of the House of Representatives a report on the implementation and best practices of due diligence programs established under subsection (vv) of section 9 of the Small Business Act ( 15 U.S.C. 638 ), as added by paragraph (1), across Federal agencies required to establish an SBIR or STTR program. (5) Rule of construction Nothing in subsection (vv) of section 9 of the Small Business Act ( 15 U.S.C. 638 ), as added by paragraph (1), shall be construed to— (A) apply to any Federal agency with a due diligence program that applies to the SBIR or STTR programs required under subsection (vv) of section 9 of the Small Business Act ( 15 U.S.C. 638 ), as added by paragraph (1), in existence as of the date of enactment of this Act; or (B) restrict any Federal agency from taking due diligence measures in addition to those required under such subsection (vv) at the Federal agency. (c) Disclosures regarding ties to People’s Republic of China and other foreign countries (1) SBIR Section 9(g) of the Small Business Act ( 15 U.S.C. 638(g) ) 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 a semicolon; and (C) by adding at the end the following: (13) require each small business concern submitting a proposal or application for a federally funded award to disclose in the proposal or application— (A) the identity of all owners and covered individuals of the small business concern who are a party to any foreign talent recruitment program of any foreign country of concern, including the People’s Republic of China; (B) the existence of any joint venture or subsidiary of the small business concern that is based in, funded by, or has a foreign affiliation with any foreign country of concern, including the People’s Republic of China; (C) any current or pending contractual or financial obligation or other agreement specific to a business arrangement, or joint venture-like arrangement with an enterprise owned by a foreign state or any foreign entity; (D) whether the small business concern is wholly owned in the People’s Republic of China or another foreign country of concern; (E) the percentage, if any, of venture capital or institutional investment by an entity that has a general partner or individual holding a leadership role in such entity who has a foreign affiliation with any foreign country of concern, including the People’s Republic of China; (F) any technology licensing or intellectual property sales to a foreign country of concern, including the People’s Republic of China, during the 5-year period preceding submission of the proposal; and (G) any foreign business entity, offshore entity, or entity outside the United States related to the small business concern; (14) after reviewing the disclosures of a small business concern under paragraph (13), and if determined appropriate by the head of such Federal agency, request such small business concern to provide true copies of any contractual or financial obligation or other agreement specific to a business arrangement, or joint-venture like arrangement with an enterprise owned by a foreign state or any foreign entity in effect during the 5-year period preceding submission of the proposal with respect to which such small business concern made such disclosures; . (2) STTR Section 9(o) of the Small Business Act ( 15 U.S.C. 638(o) ) is amended— (A) in paragraph (15), by striking and at the end; (B) in paragraph (16), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (17) require each small business concern submitting a proposal or application for a federally funded award to disclose in the proposal or application— (A) the identity of all owners and covered individuals of the small business concern who are a party to any foreign talent recruitment program of any foreign country of concern, including the People’s Republic of China; (B) the existence of any joint venture or subsidiary of the small business concern that is based in, funded by, or has a foreign affiliation with any foreign country of concern, including the People’s Republic of China; (C) any current or pending contractual or financial obligation or other agreement specific to a business arrangement, or joint venture-like arrangement with an enterprise owned by a foreign state or any foreign entity; (D) whether the small business concern is wholly owned in the People’s Republic of China or another foreign country; (E) the percentage, if any, of venture capital or institutional investment by an entity that has a general partner or individual holding a leadership role in such entity who has a foreign affiliation with any foreign country of concern, including the People’s Republic of China; (F) any technology licensing or intellectual property sales to a foreign country of concern, including the People’s Republic of China, during the 5-year period preceding submission of the proposal; and (G) any foreign business entity, offshore entity, or entity outside the United States related to the small business concern; (18) after reviewing the disclosures of a small business concern under paragraph (17), and if determined appropriate by the head of such Federal agency, request such small business concern to provide true copies of any contractual or financial obligation or other agreement specific to a business arrangement, or joint-venture like arrangement with an enterprise owned by a foreign state or any foreign entity in effect during the 5-year period preceding submission of the proposal with respect to which such small business concern made such disclosures; . (d) Denial of awards (1) SBIR Section 9(g) of the Small Business Act ( 15 U.S.C. 638(g) ), as amended by subsection (c)(1), is further amended by adding at the end the following: (15) not make an award under the SBIR program of the Federal agency to a small business concern if the head of the Federal agency determines that— (A) the small business concern submitting the proposal or application— (i) has an owner or covered individual that is party to a malign foreign talent recruitment program; (ii) has a business entity, parent company, or subsidiary located in the People’s Republic of China or another foreign country of concern; or (iii) has an owner or covered individual that has a foreign affiliation with a research institution located in the People’s Republic of China or another foreign country of concern; and (B) the relationships and commitments described in clauses (i) through (iii) of subparagraph (A)— (i) interfere with the capacity for activities supported by the Federal agency to be carried out; (ii) create duplication with activities supported by the Federal agency; (iii) present concerns about conflicts of interest; (iv) were not appropriately disclosed to the Federal agency; (v) violate Federal law or terms and conditions of the Federal agency; or (vi) pose a risk to national security; . (2) STTR Section 9(o) of the Small Business Act ( 15 U.S.C. 638(o) ), as amended by subsection (c)(2), is further amended by adding at the end the following: (19) not make an award under the STTR program of the Federal agency to a small business concern if the head of the Federal agency determines that— (A) the small business concern submitting the proposal or application— (i) has an owner or covered individual that is party to a malign foreign talent recruitment program; (ii) has a business entity, parent company, or subsidiary located in the People’s Republic of China or another foreign country of concern; or (iii) has an owner or covered individual that has a foreign affiliation with a research institution located in the People’s Republic of China or another foreign country of concern; and (B) the relationships and commitments described in clauses (i) through (iii) of subparagraph (A)— (i) interfere with the capacity for activities supported by the Federal agency to be carried out; (ii) create duplication with activities supported by the Federal agency; (iii) present concerns about conflicts of interest; (iv) were not appropriately disclosed to the Federal agency; (v) violate Federal law or terms and conditions of the Federal agency; or (vi) pose a risk to national security; . 5. Agency recovery authority and ongoing reporting (a) SBIR Section 9(g) of the Small Business Act ( 15 U.S.C. 638(g) ), as amended by section 4(d)(1), is further amended by adding at the end the following: (16) require a small business concern receiving an award under its SBIR program to repay all amounts received from the Federal agency under the award if— (A) the small business concern makes a material misstatement that the Federal agency determines poses a risk to national security; or (B) there is a change in ownership, change to entity structure, or other substantial change in circumstances of the small business concern that the Federal agency determines poses a risk to national security; and (17) require a small business concern receiving an award under its SBIR program to regularly report to the Federal agency and the Administration throughout the duration of the award on— (A) any change to a disclosure required under subparagraphs (A) through (G) of paragraph (13); (B) any material misstatement made under paragraph (16)(A); and (C) any change described in paragraph (16)(B). . (b) STTR Section 9(o) of the Small Business Act ( 15 U.S.C. 638(o) ), as amended by section 4(d)(1), is further amended by adding at the end the following: (20) require a small business concern receiving an award under its STTR program to repay all amounts received from the Federal agency under the award if— (A) the small business concern makes a material misstatement that the Federal agency determines poses a risk to national security; or (B) there is a change in ownership, change to entity structure, or other substantial change in circumstances of the small business concern that the Federal agency determines poses a risk to national security; and (21) require a small business concern receiving an award under its STTR program to regularly report to the Federal agency and the Administration throughout the duration of the award on— (A) any change to a disclosure required under subparagraphs (A) through (G) of paragraph (17); (B) any material misstatement made under paragraph (20)(A); and (C) any change described in paragraph (20)(B). . (c) Paperwork Reduction Act Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to the implementation of paragraphs (16) and (17) of subsection (g) or paragraphs (20) and (21) of subsection (o) of section 9 of the Small Business Act ( 15 U.S.C. 638 ), as added by subsections (a) and (b). 6. Report on adversarial military and foreign influence in the SBIR and STTR programs (a) Covered agency defined In this section, the term covered agency means— (1) the Department of Defense; (2) the Department of Energy; (3) the Department of Health and Human Services; or (4) the National Science Foundation. (b) Requirement (1) In general Except as provided in paragraph (2), not later than 180 days after the date of enactment of this Act, the head of each covered agency shall submit a report assessing the adversarial military and foreign influences in the SBIR and STTR programs at the covered agency to— (A) the Committee on Armed Services, the Committee on Small Business and Entrepreneurship, and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Armed Services, the Committee on Small Business, and the Committee on Science, Space, and Technology of the House of Representatives. (2) Department of Health and Human Services The Secretary of Health and Human Services shall submit 2 reports under paragraph (1)— (A) 1 assessing the adversarial military and foreign influences in the SBIR and STTR programs of the National Institutes of Health; and (B) 1 assessing the adversarial military and foreign influences in the SBIR and STTR programs of the Department of Health and Human Services other than those of the National Institutes of Health. (c) Contents Each report submitted by a covered agency under subsection (b) shall include an analysis of— (1) the national security and research and integrity risks of the SBIR and STTR programs of the covered agency; and (2) the capability of such covered agency to identify and mitigate such risks. (d) Form Each report submitted under subsection (b) shall be in unclassified form, but may include a classified annex. (e) Independent entity contracting The head of each covered agency, in coordination with the heads of other Federal agencies, as appropriate, may enter into a contract with an independent entity to prepare a report required under subsection (b). 7. Program on innovation open topics (a) In general Section 9 of the Small Business Act ( 15 U.S.C. 638 ), as amended by this Act, is further amended— (1) in subsection (b)(7)— (A) in subparagraph (G), by striking and at the end; and (B) by adding at the end the following: (I) the number of applications submitted to each Federal agency participating in the SBIR or STTR program in innovation open topics as compared to conventional topics, and how many small business concerns receive funding from open topics compared to conventional topics; (J) the total number and dollar amount, and average size, of awards made by each Federal agency participating in the SBIR or STTR program, by phase, from— (i) open topics; and (ii) conventional topics; ; and (2) by adding at the end the following: (ww) Program on innovation open topics (1) Establishment Not later than 180 days after the date of enactment of this subsection, the Secretary of Defense shall establish innovation open topic activities using the SBIR and STTR programs of the Department of Defense in order to— (A) increase the transition of commercial technology to the Department of Defense; (B) expand the small business nontraditional industrial base; (C) increase commercialization derived from investments of the Department of Defense; and (D) expand the ability for qualifying small business concerns to propose technology solutions to meet the needs of the Department of Defense. (2) Frequency The Secretary of Defense shall conduct not less than 1 open topic announcement at each component of the Department of Defense per fiscal year. (3) Briefing Not later than 180 days after the date of enactment of this subsection, the Secretary of Defense shall provide a briefing on the establishment of the program required under paragraph (1) to— (A) the Committee on Armed Services and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Small Business, the Committee on Armed Services, and the Committee on Science, Space, and Technology of the House of Representatives. . (b) GAO report Not later than 1 year after the date of enactment of this Act, and annually thereafter for 3 years, the Comptroller General of the United States shall submit to Congress and issue a publicly available report comparing open topics and conventional topics under the SBIR and STTR programs that includes, to the extent practicable— (1) an assessment of the percentage of small business concerns that progress from Phase I to Phase II awards, then to Phase III awards; (2) the number of awards under the SBIR and STTR programs made to first-time applicants and first-time awardees; (3) the number of awards under the SBIR and STTR programs made to non-traditional small business concerns, including those owned by women, minorities, and veterans; (4) a description of outreach and assistance efforts by the Department of Defense to encourage and prepare new and diverse small business concerns to participate in the program established under subsection (ww) of section 9 of the Small Business Act ( 15 U.S.C. 638 ), as added by subsection (a); (5) the length of time to review and disburse awards under such subsection (ww), evaluated in a manner enabling normalized comparisons of such times taken by each Federal agency that is required to establish an SBIR or STTR program and offers open topics; (6) the ratio, and an assessment, of the amount of funding allocated towards open topics as compared to conventional topics at each Federal agency that is required to establish an SBIR or STTR program and offers open topics; and (7) a comparison of the types of technology and end users funded under open topics compared to the types of technology and end users funded under conventional topics. 8. Increased minimum performance standards for experienced firms Section 9 of the Small Business Act ( 15 U.S.C. 638 ), as amended by this Act, is further amended— (1) in subsection (b)(7), by adding at the end the following: (K) the minimum performance standards established under subsection (qq), including any applicable modifications under paragraph (3) of such subsection, and the number of small business concerns that did not meet those minimum performance standards, provided that the Administrator does not publish any personally identifiable information, the identity of each such small business concern, or any otherwise sensitive information; and (L) the aggregate number and dollar amount of SBIR and STTR awards made pursuant to waivers under subsection (qq)(3)(E), provided that the Administrator does not publish any personally identifiable information, the identity of each such small business concern, or any otherwise sensitive information; ; and (2) in subsection (qq)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (B) by inserting after paragraph (2) the following: (3) Increased minimum performance standards for experienced firms (A) Progress to Phase II success (i) In general With respect to a small business concern that received or receives more than 50 Phase I awards during a covered period, each minimum performance standard established under paragraph (1)(A)(ii) shall be doubled for such covered period. (ii) Consequence of failure to meet standard If the head of a Federal agency determines that a small business concern that received a Phase I award from the Federal agency is not meeting an applicable increased minimum performance standard modified under clause (i), the small business concern may not receive more than 20 total Phase I awards and Phase II awards under subsection (cc) from each Federal agency during the 1-year period beginning on the date on which such determination is made. (iii) Covered period defined In this subparagraph, the term covered period means a consecutive period of 5 fiscal years preceding the most recent fiscal year. (B) Progress to Phase III success (i) In general Each minimum performance standard established under paragraph (2)(A)(ii) shall— (I) with respect to a small business concern that received or receives more than 50 Phase II awards during a covered period, require an average of $250,000 of aggregate sales and investments per Phase II award received during such covered period; and (II) with respect to a small business concern that received or receives more than 100 Phase II awards during a covered period, require an average of $450,000 of aggregate sales and investments per Phase II award received during such covered period. (ii) Consequence of failure to meet standard If the head of a Federal agency determines that a small business concern that received a Phase I award from the agency is not meeting an applicable increased minimum performance standard modified under clause (i), the small business concern may not receive more than 20 total Phase I awards and Phase II awards under subsection (cc) from each agency during the 1-year period beginning on the date on which such determination is made. (iii) Documentation (I) In general A small business concern that is subject to an increased minimum performance standard described in clause (i) shall submit to the Administrator supporting documentation evidencing that all covered sales of the small business concern were properly used to meet the increased minimum performance standard. (II) Covered sale defined In this clause, the term covered sale means a sale by a small business concern— (aa) that the small business concern claims to be attributable to an SBIR or STTR award; (bb) for which no amount of the payment was or is made using Federal funds; (cc) which the small business concern uses to meet an applicable increased minimum performance standard under clause (i); and (dd) that was or is received during the 5 fiscal years immediately preceding the fiscal year in which the small business concern uses the sale to meet the increased minimum performance standard. (iv) Covered period defined In this subparagraph, the term covered period means a consecutive period of 10 fiscal years preceding the most recent 2 fiscal years. (C) Patents for increased minimum performance standards A small business concern with respect to which an increased minimum performance standard under subparagraph (B) applies may not meet the increased minimum performance standard by obtaining patents. (D) Effective date Subparagraphs (A) through (C) shall take effect on April 1, 2023. (E) Waiver (i) In general The Administrator may, upon the request of a senior official of a Federal agency, grant a waiver with respect to a topic for the SBIR or STTR program of the Federal agency if— (I) the topic is critical to the mission of the Federal agency or relates to national security; and (II) the official submits to the Administrator a request for the waiver in accordance with clause (iii). (ii) Waiver effects If the Administration grants a waiver with respect to a topic for the SBIR or STTR program of a Federal agency, subparagraphs (A)(ii) and (B)(ii) shall not prohibit any covered small business concern from receiving an SBIR or STTR award under such topic. (iii) Agency request and congressional notification Not later than 15 days before the release of a solicitation including a topic for which a senior official of a Federal agency is requesting a waiver under clause (i), the senior official shall submit to the Administrator, the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a request for the waiver. (iv) Administrator determination and congressional notification Not later than 15 days after receiving a request for a waiver under clause (i), the Administrator shall make a determination with respect to the request and notify the senior official at the Federal agency that made the request, the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate of the determination. (v) Definitions In this subparagraph: (I) Covered small business concern The term covered small business concern means a small business concern that is subject to the consequences under subparagraph (A)(ii) or (B)(ii) pursuant to a determination by the head of a Federal agency that such small business concern did not meet an increased minimum performance standard that was applicable to such small business concern. (II) Senior official The term senior official means an individual appointed to a position in a Federal agency that is classified above GS–15 pursuant section 5108 of title 5, United States Code, or any equivalent position, as determined by the Administrator. (F) Reporting (i) In general Not later than July 1, 2023, and annually thereafter, the Administrator shall submit to Congress a list of the small business concerns that did not meet— (I) an applicable minimum performance standard established under paragraph (1)(A)(ii) or (2)(A)(ii); or (II) an applicable increased minimum performance standard. (ii) Waivers Each list submitted under clause (i) shall identify each small business concern that received an SBIR or STTR award pursuant to a waiver granted under subparagraph (E) by the Administrator during the period covered by the list. (iii) Confidentiality Each list submitted under clause (i) shall be confidential and exempt from disclosure under section 552(b)(3) of title 5, United States Code (commonly known as the Freedom of Information Act ). (G) Implementation Not later than April 1, 2023, the Administration shall implement the increased minimum performance standards under this paragraph. (H) Rules of construction Nothing in this paragraph shall be construed— (i) to prohibit a small business concern from participating in a Phase I (or Phase II if under the authority of subsection (cc)) of an SBIR or STTR program under paragraph (1)(B) or (2)(B) solely on the basis of a determination by the head of a Federal agency that the small business concern is not meeting an increased minimum performance standard; or (ii) to prevent the head of a Federal agency from implementing more restrictive limitations on the number of federally funded Phase I awards and direct to Phase II awards under subsection (cc) that may be awarded to a small business concern than the limitations described in subparagraphs (A)(ii) and (B)(ii). (I) Termination This paragraph shall terminate on September 30, 2025. ; (C) in paragraph (5), as so redesignated, by striking paragraph (3)(A) and inserting paragraph (4)(A) ; and (D) by adding at the end the following: (6) Inspector general audit Not later than 1 year after the date on which the Administrator implements the increased minimum performance standards under paragraph (3), and periodically thereafter, the Inspector General of the Administration shall— (A) conduct an audit on whether the small business concerns subject to increased minimum performance standards under paragraph (3)(B) verified— (i) the sales by and investments in the small business concerns— (I) during the 5 fiscal years immediately preceding the fiscal year in which the small business concern used such sales and investments to meet an applicable increased performance standard; and (II) as a direct result of a Phase I award or Phase II award made under subsection (cc) during the covered period (as defined in paragraph (3)(B)(iv)), consistent with the definition of Phase III, as applicable; (ii) any third-party revenue the small business concerns list as investments or incomes to meet the increased minimum performance standard— (I) is a direct result of a Phase I award or Phase II award made under subsection (cc) during the covered period (as defined in paragraph (3)(B)(iv)); and (II) consistent with the requirements of the Administrator as in effect on September 30, 2022, or any successor requirements; and (iii) any dollar amounts such small business concerns list as investments or income to meet such increased minimum performance standard the providence of which is unclear and that is not directly attributable to a Phase I award or Phase II award made under subsection (cc) during the covered period (as defined in paragraph (3)(B)(iv)), consistent with the definition of Phase III, as applicable; (B) assess the self-certification requirements for the minimum performance standards established under paragraph (2)(A)(ii) and the increased minimum performance standards under paragraph (3)(B); and (C) submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the audit conducted under subparagraph (A) and the assessment conducted under subparagraph (B). (7) Increased minimum performance standard defined In this subsection, the term increased minimum performance standard means a minimum performance standard established under paragraph (1)(A)(ii) or (2)(A)(ii) as modified under subparagraph (A) or (B), respectively, of paragraph (3) with respect to a small business concern. . 9. Prohibition against writing solicitation topics (a) In general Section 9 of the Small Business Act ( 15 U.S.C. 638 ), as amended by this Act, is further amended by adding at the end the following subsection: (xx) Additional provisions relating to solicitation topics (1) In general A Federal agency required to establish an SBIR or STTR program shall implement a multi-level review and approval process within the Federal agency for solicitation topics to ensure adequate competition and that no private individual or entity is shaping the requirements for eligibility for the solicitation topic after the selection of the solicitation topic, except that the Federal agency may amend the requirements to clarify the solicitation topic. (2) Referral A Federal agency that does not comply with paragraph (1) shall be referred to the Inspector General of the Administration for further investigation. . 10. GAO study on multiple award winners Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report, which shall be made publicly available, on small business concerns that are awarded not less than 50 Phase II awards under the SBIR or STTR programs during the consecutive period of 10 fiscal years preceding the most recent 2 fiscal years, including, to the extent practicable, an analysis of— (1) the impact of the small business concerns on the SBIR and STTR programs; (2) the ratio of the number of Phase II awards received by the small business concerns to the total number of Phase II awards; (3) the ability of the small business concerns to commercialize and meet the tenets of the SBIR and STTR programs; (4) the impact on new entrants and seeding technology necessary to the Federal agency mission or commercial markets and, with respect to the Department of Defense, whether the types of technology the small business concerns are pursuing are primarily hardware, software, or system components for the warfighter; (5) an evaluation and study of varying levels of award caps and lifetime program earning caps; (6) an assessment of the increased minimum performance standards under paragraph (3) of section 9(qq) of the Small Business Act ( 15 U.S.C. 638(qq) ), as added by section 8, on the behavior of those concerns and on the SBIR and STTR programs, and whether to continue such increased minimum performance standards; and (7) recommendations on whether alternative minimum performance standards under section 9(qq) of the Small Business Act ( 15 U.S.C. 638(qq) ) should be considered, and the extent to which such alternative minimum performance standards preserve the competitive, merit-based foundation of the SBIR and STTR programs. 11. GAO report on subcontracting in SBIR and STTR programs Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report evaluating, to the extent practicable, the following: (1) The extent to which SBIR awardees and STTR awardees are in compliance with the Federal Funding Accountability and Transparency Act ( 31 U.S.C. 6101 note). (2) The extent to which SBIR awardees and STTR awardees enter into subcontracting agreements with respect to an SBIR or STTR award. (3) The total number and dollar amount of subcontracts entered into between an SBIR awardee or an STTR awardee and a concern that is not a small business concern (including such concerns that are defense contractors) with respect to an SBIR or STTR award. (4) A description of the type and purpose of subcontracting agreements described in paragraph (2). (5) An analysis of whether the use of subcontracts by an SBIR awardee or an STTR awardee is consistent with the purposes of section 9 of the Small Business Act ( 15 U.S.C. 638 ).
Speaker of the House of Representatives Vice President of the United States and President of the Senate | https://www.govinfo.gov/content/pkg/BILLS-117s4900enr/xml/BILLS-117s4900enr.xml |
117-s-4901 | II 117th CONGRESS 2d Session S. 4901 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Cornyn (for himself, Mr. Whitehouse , Mr. Rubio , Mr. Hagerty , and Mrs. Fischer ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Foreign Agents Registration Act of 1938, as amended, to modify requirements under that Act relating to exemptions, and for other purposes.
1. Short title This Act may be cited as the Preventing Adversary Influence, Disinformation, and Obscured Foreign Financing Act of 2022 or the PAID OFF Act of 2022 . 2. Treatment of exemptions under FARA Section 3 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 613 ), is amended, in the matter preceding subsection (a), by inserting , except that the exemptions under subsections (d)(1) and (h) shall not apply to any agent of a foreign principal that is listed as a foreign adversary (as defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c) )) in accordance with that Act before the colon. | https://www.govinfo.gov/content/pkg/BILLS-117s4901is/xml/BILLS-117s4901is.xml |
117-s-4902 | II 117th CONGRESS 2d Session S. 4902 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mr. Portman (for himself and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To address the preference for United States industry with respect to patent rights in inventions made with Department of Homeland Security research assistance, and for other purposes.
1. Short title This Act may be cited as the Invent Here, Make Here for Homeland Security Act . 2. Preference for United States industry Section 308 of the Homeland Security Act of 2002 ( 6 U.S.C. 188 ) is amended by adding at the end the following: (d) Preference for United States industry (1) Definitions In this subsection: (A) Country of concern The term country of concern means a country that— (i) is a covered nation, as that term is defined in section 4872(d) of title 10, United States Code; or (ii) the Secretary determines is engaged in conduct that is detrimental to the national security of the United States. (B) Funding agreement; nonprofit organization; subject invention The terms funding agreement , nonprofit organization , and subject invention have the meanings given those terms in section 201 of title 35, United States Code. (C) Relevant congressional committees The term relevant congressional committees means— (i) the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Homeland Security of the House of Representatives. (2) Preference Subject to the other provisions of this subsection, no firm or nonprofit organization which receives title to any subject invention developed under a funding agreement entered into with the Department and no assignee of any such firm or nonprofit organization shall grant to any person the exclusive right to use or sell any subject invention unless such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. (3) Waivers (A) In general Subject to subparagraph (B), in individual cases, the requirement for an agreement described in paragraph (2) may be waived by the Secretary upon a showing by the firm, nonprofit organization, or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible. (B) Conditions on waivers granted by Department (i) Before grant of waiver Before granting a waiver under subparagraph (A), the Secretary shall— (I) consult with the relevant congressional committees regarding the decision of the Secretary to grant the waiver; and (II) comply with the procedures developed and implemented pursuant to section 70923(b)(2) of the Build America, Buy America Act (subtitle A of title IX of division G of Public Law 117–58 ). (ii) Prohibition on granting certain waivers The Secretary may not grant a waiver under subparagraph (A) if, as a result of the waiver, products embodying the applicable subject invention, or produced through the use of the applicable subject invention, will be manufactured substantially in a country of concern. . | https://www.govinfo.gov/content/pkg/BILLS-117s4902is/xml/BILLS-117s4902is.xml |
117-s-4903 | II 117th CONGRESS 2d Session S. 4903 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To reauthorize the Northwest Straits Marine Conservation Initiative Act to promote the protection of the resources of the Northwest Straits, and for other purposes.
1. Short title This Act may be cited as the Northwest Straits Marine Conservation Initiative Reauthorization Act of 2022 . 2. Reauthorization of Northwest Straits Marine Conservation Initiative Act The Northwest Straits Marine Conservation Initiative Act (title IV of Public Law 105–384 ; 112 Stat. 3458) is amended— (1) in section 402, by striking Commission (in this title referred to as the Commission ). and inserting Commission. ; and (2) by striking sections 403, 404, and 405 and inserting the following: 403. Findings Congress makes the following findings: (1) The marine waters and ecosystem of the Northwest Straits in Puget Sound in the State of Washington represent a unique resource of enormous environmental and economic value to the people of the United States. (2) During the 20th century, the environmental health of the Northwest Straits declined dramatically as indicated by impaired water quality, declines in marine wildlife, collapse of harvestable marine species, loss of critical marine habitats, ocean acidification, and sea level rise. (3) Increasingly, the Northwest Straits have been threatened by sea level rise, ocean acidification, and other effects of climate change. (4) This title was enacted to tap the unprecedented level of citizen stewardship demonstrated in the Northwest Straits and create a mechanism to mobilize public support and raise capacity for local efforts to protect and restore the ecosystem of the Northwest Straits. (5) The Northwest Straits Marine Conservation Initiative helps the National Oceanic and Atmospheric Administration and other Federal agencies with their marine missions by fostering local interest in marine issues and involving diverse communities. (6) The Northwest Straits Marine Conservation Initiative shares many of the same goals with the National Oceanic and Atmospheric Administration, including fostering citizen stewardship of marine resources, general ecosystem management, and protecting federally managed marine species. (7) Ocean literacy, kelp habitat conservation and monitoring, Veterans Conservation Corps internships, and removal of marine debris projects are examples of previous and ongoing partnerships between the Northwest Straits Marine Conservation Initiative and the National Oceanic and Atmospheric Administration. Areas of partnership may evolve with emerging opportunities. 404. Definitions In this title: (1) Commission The term Commission means the Northwest Straits Advisory Commission established by section 402. (2) Marine resources committee The term marine resources committee means a county government committee that assists in assessing marine resource and conservation needs. (3) Northwest Straits region The term Northwest Straits region means the marine waters of the Strait of Juan de Fuca and of Puget Sound from the Canadian border to the south end of Snohomish County. (4) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) in the list published most recently as of the date of enactment of the Northwest Straits Marine Conservation Initiative Reauthorization Act of 2022 pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (5) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. 405. Membership of the Commission (a) Composition (1) In general The Commission shall be composed of 14 members, except as provided in paragraph (2), who shall be appointed as follows: (A) One member appointed by a consensus of the members of a marine resources committee for San Juan County, Washington. (B) One member appointed by a consensus of the members of a marine resources committee for Island County, Washington. (C) One member appointed by a consensus of the members of a marine resources committee for Skagit County, Washington. (D) One member appointed by a consensus of the members of a marine resources committee for Whatcom County, Washington. (E) One member appointed by a consensus of the members of a marine resources committee for Snohomish County, Washington. (F) One member appointed by a consensus of the members of a marine resources committee for Clallam County, Washington. (G) One member appointed by a consensus of the members of a marine resources committee for Jefferson County, Washington. (H) Two members appointed by the Secretary of the Interior, in coordination with the Northwest Indian Fisheries Commission and in consultation with the Tribal governments affected by this title, to represent the interests of such Tribal governments. (I) One member appointed by the Governor of the State of Washington to represent the interests of the Puget Sound Partnership. (J) Four members appointed by the Governor of the State of Washington who— (i) are residents of the State of Washington; and (ii) are not employed by a Federal, State, or local government, excluding an institution of higher education. (2) Additional members The Commission may, as determined necessary to improve the ability of the Commission to perform the duties of the Commission under section 406(b), appoint members in addition to those appointed under paragraph (1). Any such additional member shall be appointed by a consensus of the members of a marine resources committee that is not described in such paragraph. (b) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (c) Chairperson The Commission shall select a Chairperson from among its members. (d) Meeting The Commission shall meet at the call of the Chairperson, but not less frequently than quarterly. (e) Liaison (1) In general The Under Secretary, in consultation with the Commission, shall appoint an employee of the National Oceanic and Atmospheric Administration— (A) to serve as a liaison between the Commission and the Department of Commerce; (B) to coordinate programs of the National Oceanic and Atmospheric Administration with activities related to the goal of the Commission described in section 406(a); and (C) to perform additional liaison functions benefitting the Commission and the National Oceanic and Atmospheric Administration, which may include, as agreed to by the Commission and the National Oceanic and Atmospheric Administration, attending meetings and other events of the Commission as a nonvoting participant. (2) Limitation Service as a member of the Commission by the employee appointed under paragraph (1)— (A) is limited to the employee’s service as a liaison; and (B) does not obligate the employee to perform any duty of the Commission under section 406(b). (f) Administration The Commission may enter into cooperative agreements with the State of Washington for staffing and administrative services for the purposes of supporting the duties of the Commission under section 406(b). 406. Goal and duties of the Commission (a) Goal The goal of the Commission is to protect and restore the marine waters, habitats, and species of the Northwest Straits region to achieve ecosystem health and sustainable resource use by— (1) designing and recommending projects that are driven by the best available science, local priorities, community-based decisions, and the ability to measure results; (2) building awareness and stewardship and making recommendations to improve the health of the marine resources of the Northwest Straits region; (3) maintaining and expanding diverse membership and collaboration with partner organizations, such as the Puget Sound Partnership; (4) expanding partnerships with Tribal governments and continuing to support Tribal treaties, cultures, and subsistence and Tribal treaty rights; and (5) recognizing the importance of economic and social benefits that are dependent on marine environments and sustainable marine resources. (b) Duties The duties of the Commission are the following: (1) To provide resources and technical support for marine resources committees. (2) To work with such marine resources committees and appropriate entities of Federal, State, and local governments and Tribal governments to provide advice in developing regional programs to monitor the overall health of the marine ecosystem of the Northwest Straits region. (3) To collect marine resources data and identify factors adversely affecting or preventing the restoration of the health of the marine ecosystem and coastal economies of the Northwest Straits region to inform decisionmakers. (4) To develop scientifically sound restoration and protection recommendations, informed by local priorities, that address such factors. (5) To serve as a public forum for the informal discussion of policies and actions, with respect to the marine ecosystem of the Northwest Straits region, of Federal, State, or local governments, Tribal governments, or the Government of Canada. (6) To inform appropriate authorities and local communities about the marine ecosystem of the Northwest Straits region and about issues relating to the marine ecosystem of the Northwest Straits region. (7) To consult with all affected Tribal governments in the Northwest Straits region to ensure that the work of the Commission does not violate Tribal treaty rights. (c) Coordination and collaboration The Commission— (1) shall carry out the duties described in subsection (b) in coordination and collaboration, as appropriate, with Federal, State, and local governments and Tribal governments, including by— (A) providing technical support and assistance to any Tribal government seeking representation and participation on the Commission; and (B) supporting the work and duties of the liaison to the Commission under section 405(e); and (2) may enter into cooperative agreements with nonprofit entities, such as the Northwest Straits Foundation, to provide assistance, including financial assistance, in carrying out the duties described in subsection (b). (d) Limitations Nothing in this title provides the Commission with authority to issue regulations or implement any Federal law or regulation. (e) Acceptance of donations For purposes of carrying out this section, the Commission may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action. (f) Annual report (1) In general Each year, the Commission shall prepare, submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives, and the Under Secretary, and make available to the public a report describing— (A) the activities carried out by the Commission during the preceding year; and (B) the progress in achieving the benchmarks described in paragraph (2). (2) Benchmarks The benchmarks described in this paragraph are the following: (A) Protection and restoration of marine, coastal, and nearshore habitats within the Northwest Straits region. (B) Protection and restoration of marine resources populations to healthy, sustainable levels. (C) Improvement of the water quality of the Northwest Straits region. (D) Collection of high-quality data and promotion of the use and dissemination of such data for the purposes of ecosystem monitoring. (E) Promotion of stewardship and understanding of marine resources of the Northwest Straits region through education and outreach, including by targeted outreach to underresourced communities. 407. Funding (a) Authorization of appropriations There are authorized to be appropriated to the Under Secretary to carry out this title, including to be made available to the Commission to carry out the duties of the Commission under this title— (1) $10,000,000 for each of the first 6 fiscal years in which funds are appropriated to carry out this section; and (2) such sums as may be necessary for each fiscal year after the 6 fiscal years described in paragraph (1). (b) Assistance (1) In general The Under Secretary may, from amounts made available to the Under Secretary to carry out this title, provide assistance to the Commission in carrying out the duties of the Commission under this title. (2) Provision The Under Secretary may provide the assistance described in paragraph (1), and make available amounts to the Commission to carry out the duties of the Commission, through a contract with the Director of the Padilla Bay National Estuarine Research Reserve, unless the Governor of the State of Washington objects. If such Governor so objects, the Under Secretary may provide such assistance and make available such amounts to the Commission. . | https://www.govinfo.gov/content/pkg/BILLS-117s4903is/xml/BILLS-117s4903is.xml |
117-s-4904 | II 117th CONGRESS 2d Session S. 4904 IN THE SENATE OF THE UNITED STATES September 21, 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 address the forest health crisis on the National Forest System and public lands, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Promoting Effective Forest Management Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Accomplishments Over Rhetoric Sec. 101. Thinning targets. Sec. 102. Annual reports. Sec. 103. Transparency in fire mitigation reporting. Sec. 104. Regional forest carbon accounting. Sec. 105. Targets for wildlife habitat improvement. TITLE II—Forest Management Sec. 201. Land and resource management plans. Sec. 202. Management of old growth and mature forests. Sec. 203. Assessment of processed-based restoration techniques. Sec. 204. Intervenor status. Sec. 205. Utilizing grazing for wildfire prevention. TITLE III—Workforce Sec. 301. Logging workforce. Sec. 302. Break-in-service consideration for firefighter retirements. Sec. 303. Firefighter rental housing. TITLE IV—Cultural Change in Agencies Sec. 401. Mandatory use of existing authorities. Sec. 402. Curtailing employee relocations. Sec. 403. Repeal of FLAME reports. 2. Definitions In this Act: (1) National Forest System (A) In general The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (B) Exclusions The term National Forest System does not include— (i) any forest reserve not created from the public domain; or (ii) any national grassland or land utilization project administered under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ). (2) Public lands (A) In general Except as provided in subparagraph (B), the term public lands has the meaning given the term in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (B) Exclusion The term public lands does not include land governed by the Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 2601 et seq. ). (3) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management, with respect to public lands. I Accomplishments Over Rhetoric 101. Thinning targets (a) Baseline For the National Forest System and for public lands, the Secretary concerned shall determine— (1) for each of fiscal years 2017 through 2021, the number of acres mechanically thinned, for acres commercially thinned and for acres pre-commercially thinned; and (2) the average of the numbers described in paragraph (1) over the period of fiscal years 2017 through 2021. (b) Annual targets (1) In general The Secretary concerned shall establish annual mechanical thinning targets for acres commercially thinned and for acres pre-commercially thinned for fiscal year 2023, and annually thereafter, for the National Forest System and for public lands. (2) Requirements (A) Fiscal years 2023 and 2024 For each of fiscal years 2023 and 2024, the annual mechanical thinning targets established under paragraph (1) shall be not less than the number of acres described in subsection (a)(2). (B) Fiscal years 2025 and 2026 For each of fiscal years 2025 and 2026, the annual mechanical thinning targets established under paragraph (1) shall be not less than twice the number of acres described in subsection (a)(2). (C) Fiscal year 2027 For fiscal year 2027 and each fiscal year thereafter, the annual mechanical thinning targets established under paragraph (1) shall be not less than 4 times the number of acres described in subsection (a)(2). (c) Regional assignments Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretary concerned shall assign annual acreage targets for mechanical thinning on National Forest System land and public lands, categorized by National Forest System region or by State, as appropriate. (d) Publication The Secretary concerned shall make publicly available the data described in subsections (a), (b), and (c), including by publishing that data on the website of the Forest Service and the website of the Bureau of Land Management. 102. Annual reports Not later than January 1, 2023, and annually thereafter, the Secretary concerned shall publish on the website of the Forest Service and the website of the Bureau of Land Management the following information with respect to the National Forest System or public lands during the preceding fiscal year: (1) The number of acres treated to meet the requirement described in section 40803(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(b) ). (2) (A) The number of acres mechanically thinned; and (B) whether the number of acres described in subparagraph (A) met or exceeded the requirements described in section 101(b)(2). (3) Any limitations or challenges, including litigation or permitting delays, that hindered the Secretary concerned from meeting or exceeding the annual target established under section 101(b)(1), if applicable. (4) The number of acres that have undergone a regeneration harvest. (5) The number of acres described in paragraphs (2)(A) and (4) that are in an area identified as having— (A) the expectation that, without remediation, at least 25 percent of standing live basal area greater than 1 inch in diameter may die over a 15-year time frame due to insects and diseases, as depicted on the National Insect and Disease Composite Risk Map; or (B) a very high or high wildfire hazard potential. (6) The number of acres described in paragraphs (2)(A) and (4) that use either of the following streamlined authorities for environmental review: (A) A categorical exclusion. (B) An emergency determination of the Secretary concerned. (7) The number of acres described in paragraphs (2)(A) and (4) that use partners to carry out the work through— (A) a good neighbor agreement; (B) a master stewardship agreement; (C) a contract or agreement entered into under the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a ); or (D) a stewardship end-result contract. 103. Transparency in fire mitigation reporting (a) Exclusion from annual budget and performance reports (1) In general The Secretary concerned shall not include in any appropriations request submitted to the President for purposes of preparing the budget of the United States Government under section 1105 of title 31, United States Code, or any annual performance report submitted to Congress any output measures for acres of land on which hazardous fuels treatments were conducted if the land needs to be treated more than once— (A) to meet the requirement described in section 40803(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(b) ); or (B) to effectively mitigate wildfire risk. (2) Annual budget The President shall not include in the budget of the United States Government submitted to Congress under section 1105 of title 31, United States Code, any output measures described in paragraph (1). (3) Inclusions Output measures described in paragraph (1) include— (A) acres of hazardous fuels reduction on National Forest System land and adjacent areas to mitigate wildfire risk; and (B) annual acreage treated to reduce or maintain fuel conditions on National Forest System land and non-Federal land. (b) Inclusion in annual budget and performance reports (1) In general The Secretary concerned shall include in an appropriations request submitted to the President for purposes of preparing the budget of the United States Government under section 1105 of title 31, United States Code, and an annual performance report submitted to Congress— (A) the number of acres of land meeting the requirement described in section 40803(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(b) ); and (B) the annual acreage of National Forest System land where final treatment effectively mitigates wildfire risk. (2) Annual budget The President shall include in the budget of the United States Government submitted to Congress under section 1105 of title 31, United States Code, the information described in paragraph (1). 104. Regional forest carbon accounting Not later than January 1, 2024, and every 3 years thereafter, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall— (1) using data from the forest inventory and analysis program, determine the net forest carbon balance on the land in the National Forest System of each Forest Service region, including whether the National Forest System land is— (A) a carbon source; or (B) a carbon sink; and (2) publish the information described in paragraph (1) on the website of the Forest Service. 105. Targets for wildlife habitat improvement (a) In general To improve wildlife habitat function on National Forest System land and public lands, not later than 18 months after the date of enactment of this Act, the Secretary concerned shall— (1) evaluate the extent to which the specific management goals and objectives relating to wildlife habitat in existing land management plans or resource management plans, as applicable, have been met through implementation of the applicable land management plan or resource management plan; and (2) establish and implement a strategy, including establishing annual targets, to meet the specific management goals and objectives described in paragraph (1). (b) Reporting Beginning in fiscal year 2024, the Secretary concerned shall annually— (1) establish targets associated with the strategy developed under subsection (a)(2); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the implementation of the strategy developed under subsection (a)(2). II Forest Management 201. Land and resource management plans Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an assessment of the time period that would be required for the Secretary of Agriculture, acting through the Chief of the Forest Service, to address the backlog of land and resource management plans that are noncompliant with section 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(f)(5)(A) ), and to come into compliance with that section, if the land and resource management plans for the units of the National Forest System were developed and revised in a manner consistent with the shorter length and development timelines of the land management plans for the units of the National Park System. 202. Management of old growth and mature forests (a) Definition of old growth (1) In general Except as provided in paragraph (2), the Secretary concerned shall adhere to the definitions of old growth forest contained in the regulations of the Secretary concerned (as in effect on January 1, 2022). (2) Updates If the Secretary concerned determines that a definition of old growth forest contained in a regulation of the Secretary concerned needs to be revised, the Secretary concerned— (A) shall appoint a committee of scientists who are not officers or employees of the Forest Service or the Bureau of Land Management and have a background in forestry and stand dynamics (referred to in this paragraph as the committee of scientists ); (B) shall direct the committee of scientists to provide scientific and technical advice and counsel on definitions of old growth forest ; (C) shall review the recommendations of the committee of scientists; (D) shall publish the recommendations of the committee of scientists for public comment; and (E) may adopt the recommendations of the committee of scientists and revise the definition in a manner consistent with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). (b) Management of mature trees (1) Definition of mature forest (A) In general Consistent with section 6(m)(1) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(m)(1) ), with respect to National Forest System land and public lands, the Secretary concerned shall define the term mature forest as a forest that has reached the merchantability standard described in subparagraph (B). (B) Merchantability standard The merchantability standard referred to in subparagraph (A) is when a forest has generally reached the culmination of mean annual increment of growth. (2) Management Except as provided in section 6(m) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(m) ), on National Forest System land and public lands, the Secretary concerned shall only carry out timber harvests in mature forests (as defined by the Secretary concerned under paragraph (1)). (c) Savings clause Any inventory of forests adopted through executive branch action, whether based on stand age, tree age, or tree diameter, shall not modify, amend, or otherwise change the duties of the Secretary concerned to manage unreserved forests in accordance with, as applicable— (1) the Act of June 4, 1897 (commonly known as the Organic Administration Act ) (30 Stat. 34, chapter 2); (2) the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq. ); (3) the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ); (4) section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ); and (5) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). 203. Assessment of processed-based restoration techniques (a) Wetland and riparian restoration pilot program (1) In general The Secretary of the Interior, acting through the Director of the United States Geological Survey, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this subsection as the Secretaries ), shall jointly establish a pilot program to conduct research on and evaluate wetland and riparian restoration techniques. (2) Assessments In carrying out this subsection, the Secretaries shall— (A) assess the benefits, including to downstream infrastructure, water storage, and resilience to natural hazards, of process-based river and wetland restoration techniques when carried out at larger scales; and (B) make available to the public the results of the assessment described in subparagraph (A). (b) Experimental forests pilot project The Secretary of Agriculture, acting through the Chief of the Forest Service, shall carry out a pilot project on the experimental forests and ranges managed by the Forest Service to evaluate biologically driven restoration. 204. Intervenor status (a) In general For purposes of a civil action relating to a qualified project described in subsection (b), a unit of local government shall be— (1) entitled to intervene, as of right, in any subsequent civil action; and (2) considered to be a full participant in any settlement negotiation relating to the qualified project if the unit of local government intervenes. (b) Description of qualified project A qualified project referred to in subsection (a) is a project that— (1) is located on National Forest System land or public lands; (2) has been approved by the Secretary concerned; and (3) (A) reduces the risk posed by wildfire, including an insect and disease mitigation project; or (B) generates revenue from the harvesting of timber. 205. Utilizing grazing for wildfire prevention The Secretary concerned, in coordination with holders of permits to graze livestock on Federal land, shall develop a strategy to increase opportunities to utilize livestock grazing as a wildfire mitigation strategy, including— (1) completion of reviews (as required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. )) to allow permitted grazing on vacant grazing allotments during instances of drought, wildfire, or other natural disasters that disrupt grazing on allotments already permitted; (2) use of targeted grazing; (3) increased use of temporary permits to promote targeted fuels reduction and reduction of invasive annual grasses; (4) increased use of grazing as a fire recovery strategy, where appropriate; and (5) use of all applicable authorities under law. III Workforce 301. Logging workforce (a) Training (1) Interstate training programs The Secretary of Agriculture, acting through the Chief of the Forest Service, shall work with States to develop a universal, tiered program to train persons to enter the logging workforce. (2) On-the-job training The Secretary concerned shall examine potential ways to facilitate apprenticeship training to increase knowledge and skills in an emerging logging workforce. (b) Modernizing machinery Using funds made available under section 40804(b)(3) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592a(b)(3) ), the Secretary of Agriculture shall provide low-interest loans or loan guarantees to persons, subject to such conditions as the Secretary of Agriculture determines to be necessary, for the acquisition of mechanized machinery for decreasing injuries in the logging workforce. 302. Break-in-service consideration for firefighter retirements Notwithstanding sections 8336(c) and 8412(d) of title 5, United States Code, not later than May 1, 2023, the Secretary concerned, in coordination with the Secretary of Labor, shall promulgate regulations, as necessary, to ensure that a Federal wildland firefighter would not forfeit previously made contributions or eligibility for firefighter retirement when the wildland firefighter has a voluntary break in service of not more than 9 months. 303. Firefighter rental housing Notwithstanding OMB Circular No. A–45R, when the Secretary concerned requires a Federal wildland firefighter to occupy government housing, the Secretary concerned shall not deduct for government housing rent from the payroll of the wildland firefighter an amount that is greater than 40 percent of the pre-tax salary of the wildland firefighter. IV Cultural Change in Agencies 401. Mandatory use of existing authorities Not later than 3 years after the date of enactment of this Act, with respect to each unit of public lands and each unit of the National Forest System, the Secretary concerned shall use not fewer than 1 of the following streamlined authorities for environmental review: (1) Section 603(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(a) ). (2) Section 605(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591d(a) ). (3) Section 606(b) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591e(b) ). (4) Section 40806(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592b(b) ). (5) Section 40807 of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592c ). (6) Section 207 of the Wildfire Suppression Funding and Forest Management Activities Act ( 16 U.S.C. 6591c note; Public Law 115–141 ). 402. Curtailing employee relocations (a) In general The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the Secretary ), shall curtail employee relocations to significantly increase the period of time that each line officer works at a duty station. (b) Line officer hiring eligibility To the maximum extent practicable, the Secretary shall solicit applications for line officer positions in a manner that does not limit eligibility for the solicited position to only an applicant who is a current employee of the Forest Service. (c) Limits on relocation payments The Secretary shall not reimburse an employee or otherwise pay for expenses relating to a change in duty station in an amount that exceeds $100,000. (d) Employment development The Secretary shall develop a program to provide incentives for employees to gain experience and skills without relocating (commonly referred to as growing in place ). 403. Repeal of FLAME reports Section 502 of the FLAME Act of 2009 ( 43 U.S.C. 1748a ) is amended— (1) by striking subsection (h); and (2) by redesignating subsection (i) as subsection (h). | https://www.govinfo.gov/content/pkg/BILLS-117s4904is/xml/BILLS-117s4904is.xml |
117-s-4905 | II 117th CONGRESS 2d Session S. 4905 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mr. King introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide for 3 primary care visits and 3 behavioral health care visits without application of any cost-sharing requirement.
1. Short title This Act may be cited as the Primary and Behavioral Health Care Access Act of 2022 . 2. Prohibition on application of cost sharing for certain primary care and behavioral health care visits (a) ERISA (1) In general Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq. ) is amended by inserting after section 720 the following new section: 721. Coverage of certain primary care and behavioral health care visits (a) In general In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan, and a health insurance issuer offering group health insurance coverage, shall at a minimum provide coverage for and shall not impose any cost-sharing requirements for, with respect to a plan year— (1) 3 primary care visits; and (2) 3 behavioral health care visits. (b) Limitations A group health plan, and a health insurance issuer offering group health insurance coverage, shall ensure that— (1) the treatment limitations applicable to the 3 primary care visits described in paragraph (1) of subsection (a) and the 3 behavioral health care visits described in paragraph (2) of such subsection are no more restrictive than the treatment limitations applied to any other primary care visit or behavioral health care visit covered by the plan or coverage and that there are no separate treatment limitations that are applicable only with respect to such 3 primary or such 3 behavioral health care visits; and (2) the reimbursement rates under such plan or such coverage for such 3 primary and such 3 behavioral health care visits are the same as such rates for any other primary care visit or behavioral health care visit covered by the plan or coverage. (c) Definitions For purposes of this section: (1) Behavioral health care visit The term behavioral health care visit means a visit by an individual to a qualified provider during which services are provided with respect to the diagnosis, treatment, screening, or prevention of a behavioral health condition. (2) Primary care service The term primary care service means a service identified, as of January 1, 2009, by one of HCPCS codes 99201 through 99215 (and as subsequently modified by the Secretary). (3) Primary care visit The term primary care visit means an in-person visit by an individual to a qualified provider who is designated by such individual as the primary care provider for such individual, during which such individual receives primary care services. (4) Qualified provider The term qualified provider means— (A) with respect to a primary care visit, a general practitioner, family physician, general internist, obstetrician-gynecologist, pediatrician, geriatric physician, or physician assistant or advanced practice registered nurse acting in accordance with State law (including a nurse practitioner, clinical nurse specialist, and certified nurse midwife); and (B) with respect to a behavioral health care visit, an individual employed in a full-time position (including a fellowship) where the primary intent and function of such position is the direct treatment or recovery support of individuals with, or in recovery from, a behavioral health disorder, such as a physician, physician assistant or advanced practice registered nurse acting in accordance with State law (including a nurse practitioner, clinical nurse specialist, and certified nurse midwife), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. . (2) Conforming amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 720 the following new item: Sec. 721. Coverage of certain primary care and behavioral health care visits. . (b) PHSA Part D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by inserting after section 2799A–5 the following new section: 2799A–6. Coverage of certain primary care and behavioral health care visits (a) In general In addition to any item or service described in section 2713(a), a group health plan, and a health insurance issuer offering group or individual health insurance coverage, shall at a minimum provide coverage for and shall not impose any cost-sharing requirements for, with respect to a plan year— (1) 3 primary care visits; and (2) 3 behavioral health care visits. (b) Limitations A group health plan, and a health insurance issuer offering group or individual health insurance coverage, shall ensure that— (1) the treatment limitations applicable to the 3 primary care visits described in paragraph (1) of subsection (a) and the 3 behavioral health care visits described in paragraph (2) of such subsection are no more restrictive than the treatment limitations applied to any other primary care visit or behavioral health care visit covered by the plan or coverage and that there are no separate treatment limitations that are applicable only with respect to such 3 primary or such 3 behavioral health care visits; and (2) the reimbursement rates under such plan or such coverage for such 3 primary and such 3 behavioral health care visits are the same as such rates for any other primary care visit or behavioral health care visit covered by the plan or coverage. (c) Definitions For purposes of this section: (1) Behavioral health care visit The term behavioral health care visit means a visit by an individual to a qualified provider during which services are provided with respect to the diagnosis, treatment, screening, or prevention of a behavioral health condition. (2) Primary care service The term primary care service means a service identified, as of January 1, 2009, by one of HCPCS codes 99201 through 99215 (and as subsequently modified by the Secretary). (3) Primary care visit The term primary care visit means an in-person visit by an individual to a qualified provider who is designated by such individual as the primary care provider for such individual, during which such individual receives primary care services. (4) Qualified provider The term qualified provider means— (A) with respect to a primary care visit, a general practitioner, family physician, general internist, obstetrician-gynecologist, pediatrician, geriatric physician, or physician assistant or advanced practice registered nurse acting in accordance with State law (including a nurse practitioner, clinical nurse specialist, and certified nurse midwife); and (B) with respect to a behavioral health care visit, an individual employed in a full-time position (including a fellowship) where the primary intent and function of such position is the direct treatment or recovery support of individuals with, or in recovery from, a behavioral health disorder, such as a physician, physician assistant or advanced practice registered nurse acting in accordance with State law (including a nurse practitioner, clinical nurse specialist, and certified nurse midwife), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. . (c) IRC (1) In general Subchapter B of chapter 100 of subtitle K of the Internal Revenue Code of 1986 is amended by inserting after section 9820 the following new section: 9821. Coverage of certain primary care and behavioral health care visits (a) In general In addition to any item or service described in section 2713(a) of the Public Health Service Act, a group health plan shall at a minimum provide coverage for and shall not impose any cost-sharing requirements for, with respect to a plan year— (1) 3 primary care visits; and (2) 3 behavioral health care visits. (b) Limitations A group health plan shall ensure that— (1) the treatment limitations applicable to the 3 primary care visits described in paragraph (1) of subsection (a) and the 3 behavioral health care visits described in paragraph (2) of such subsection are no more restrictive than the treatment limitations applied to any other primary care visit or behavioral health care visit covered by the plan and that there are no separate treatment limitations that are applicable only with respect to such 3 primary or such 3 behavioral health care visits; and (2) the reimbursement rates under such plan for such 3 primary and such 3 behavioral health care visits are the same as such rates for any other primary care visit or behavioral health care visit covered by the plan. (c) Definitions For purposes of this section: (1) Behavioral health care visit The term behavioral health care visit means a visit by an individual to a qualified provider during which services are provided with respect to the diagnosis, treatment, screening, or prevention of a behavioral health condition. (2) Primary care service The term primary care service means a service identified, as of January 1, 2009, by one of HCPCS codes 99201 through 99215 (and as subsequently modified by the Secretary). (3) Primary care visit The term primary care visit means an in-person visit by an individual to a qualified provider who is designated by such individual as the primary care provider for such individual, during which such individual receives primary care services. (4) Qualified provider The term qualified provider means— (A) with respect to a primary care visit, a general practitioner, family physician, general internist, obstetrician-gynecologist, pediatrician, geriatric physician, or physician assistant or advanced practice registered nurse acting in accordance with State law (including a nurse practitioner, clinical nurse specialist, and certified nurse midwife); and (B) with respect to a behavioral health care visit, an individual employed in a full-time position (including a fellowship) where the primary intent and function of such position is the direct treatment or recovery support of individuals with, or in recovery from, a behavioral health disorder, such as a physician, physician assistant or advanced practice registered nurse acting in accordance with State law (including a nurse practitioner, clinical nurse specialist, and certified nurse midwife), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. . (2) High deductible health plans Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting or for the visits described in section 9821 before the period. (3) Conforming amendment The table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 9820 the following new item: Sec. 9821. Coverage of certain primary care and behavioral health care visits. . (d) Effective date The amendments made by this section shall apply with respect to plan years beginning on or after the date that is 2 years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4905is/xml/BILLS-117s4905is.xml |
117-s-4906 | II 117th CONGRESS 2d Session S. 4906 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mr. Murphy (for himself, Mr. Van Hollen , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to reauthorize the National Neurological Conditions Surveillance System, and for other purposes.
1. Short title This Act may be cited as the National Neurological Conditions Surveillance System Reauthorization Act of 2022 . 2. Reauthorization of National Neurological Conditions Surveillance System (a) Reports to Congress Subsection (i) of section 399S–1 of the Public Health Service Act ( 42 U.S.C. 280g–7a ) is amended to read as follows: (i) Implementation report Not less than every 2 years after the date of enactment of the National Neurological Conditions Surveillance System Reauthorization Act of 2022 , the Secretary shall submit to the Congress a report concerning the implementation of this section. Each such report shall include information on— (1) the development and maintenance of the National Neurological Conditions Surveillance System; (2) the type of information collected by the surveillance system; (3) the use and availability of such information, including guidelines for such use; (4) the use and coordination of data sources that collect or maintain information on neurological diseases; and (5) any upcoming expansions of the National Neurological Conditions Surveillance System to collect information with respect to additional neurological diseases. . (b) Authorization of appropriations Section 399S–1(k) of the Public Health Service Act (42 U.S.C. 280g–7a(k)) is amended by striking $5,000,000 for each of fiscal years 2018 through 2022 and inserting $10,000,000 for each of fiscal years 2023 and 2024, $15,000,000 for fiscal year 2025, and $20,000,000 for each of fiscal years 2026 and 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s4906is/xml/BILLS-117s4906is.xml |
117-s-4907 | II 117th CONGRESS 2d Session S. 4907 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To condition civil and military assistance to the Government of Colombia on certain recurring certifications from the Secretary of State.
1. Short title This Act may be cited as the Colombia Assistance Used Transparently by Institutionalizing Oversight Now Act of 2022 or the CAUTION Act . 2. Certification requirements for civil and military assistance to Colombia (a) Conditions on civil and military assistance Notwithstanding any other provision of law, no civil or military assistance to Colombia may be obligated or expended unless the Secretary of State certifies to the appropriate congressional committees that, during the reporting period, the Government of Colombia— (1) has not sought to erode cooperation with the United States in the areas of military, intelligence, and counter-terrorism; (2) is asserting its sovereignty against the Governments of Cuba, Iran, Nicaragua, the People’s Republic of China, and Venezuela, including by denying all access to military or intelligence infrastructure to those governments; (3) has not taken significant steps to recognize, legitimize, or engage any foreign terrorist organization; and (4) has not interfered with the Special Jurisdiction for Peace’s efforts to investigate and, as appropriate, sentence current or former members of the Revolutionary Armed Forces of Colombia who committed acts of terrorism or gross violations of human rights. (b) Additional conditions on civil assistance Notwithstanding any other provision of law, no civil assistance to Colombia may be obligated or expended unless the Secretary of State certifies to the appropriate congressional committees that, during the reporting period, in addition to meeting the conditions described under subsection (a), the Government of Colombia— (1) is guaranteeing the rights, freedoms, and responsibilities enshrined in the Colombian Constitution of 1991, including— (A) freedom of expression; (B) freedom of the press; (C) the guarantee of due process; (D) the right to private property and other rights acquired in accordance with civil laws; and (E) protections against coercion of citizens voting in elections; (2) is significantly cooperating with the United States Government to— (A) reduce irregular migration, improve border security, and combat human smuggling and trafficking; (B) target the cultivation, production, processing, trafficking, distribution, commercialization, financing, and selling of illicit drugs, including opioids and cocaine; and (C) counter the activities of criminal gangs and transnational criminal organizations; (3) is taking steps to ensure transparency and prevent corruption related to efforts by the Chinese Communist Party or the Government of the People’s Republic of China to acquire or invest in Colombian energy or raw materials sectors; and (4) has not interfered in the transparency, operation, or independence of the Office of the Inspector General of Colombia. 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Civil assistance The term civil assistance means development assistance, International Narcotics Control and Law Enforcement (INCLE) program assistance, and Economic Support Fund assistance. (3) Military assistance The term military assistance means foreign military financing (FMF), International Military and Education Training (IMET), and Nonproliferation, Anti-terrorism, Demining, and Related Programs (NADR) assistance. (4) Foreign terrorist organizations The term foreign terrorist organization means an organization designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) or Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). (5) Reporting time period The term reporting time period means since August 7, 2022, or the previous 12 months, whichever is less. 4. Termination and sunset The restrictions imposed by this Act shall terminate on the date on which the President certifies to the appropriate congressional committees that Colombia has conducted a free and fair election after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4907is/xml/BILLS-117s4907is.xml |
117-s-4908 | II 117th CONGRESS 2d Session S. 4908 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mr. Peters (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To improve the visibility, accountability, and oversight of agency software asset management practices, and for other purposes.
1. Short title This Act may be cited as the Strengthening Agency Management and Oversight of Software Assets Act . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of General Services. (2) Agency The term agency has the meaning given the term establishment in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.). (3) Cloud computing The term cloud computing has the meaning given the term in Special Publication 800–145 of the National Institute of Standards and Technology, or any successor document. (4) Cloud service provider The term cloud service provider means an entity offering cloud computing products or services to agencies. (5) Comprehensive assessment The term comprehensive assessment means a comprehensive assessment conducted pursuant to section 3(a). (6) Director The term Director means the Director of the Office of Management and Budget. (7) Plan The term plan means the plan developed by a Chief Information Officer, or equivalent official, pursuant to section 4(a). (8) Software entitlement The term software entitlement means any software that— (A) has been purchased, leased, or licensed by or billed to an agency under any contract or other business arrangement; and (B) is subject to use limitations. (9) Software inventory The term software inventory means the software inventory of an agency required pursuant to— (A) section 2(b)(2)(A) of the Making Electronic Government Accountable By Yielding Tangible Efficiencies Act of 2016 ( 40 U.S.C. 11302 note; Public Law 114–210 ); or (B) subsequent guidance issued by the Director of the Office of Management and Budget pursuant to that Act. 3. Software entitlement and inventory integrity (a) In general As soon as practicable, and not later than 1 year after the date of enactment of this Act, the Chief Information Officer of each agency, in consultation with the Chief Financial Officer, the Chief Procurement Officer, and General Counsel of the agency, or the equivalent officials of the agency, shall complete a comprehensive assessment of the software entitlements and software inventories of the agency, which shall include— (1) the current software inventory of the agency, including software entitlements, contracts and other agreements or arrangements of the agency, and a list of the largest software entitlements of the agency separated by vendor; (2) a comprehensive, detailed accounting of— (A) any software deployed for the agency as of the date of the comprehensive assessment, including, to the extent identifiable, the contracts and other agreements or arrangements that the agency uses to acquire, deploy, or use such software; (B) information and data on software entitlements— (i) for which the agency pays; (ii) that are not deployed or in use by the agency; and (iii) that are billed to the agency under any contract or business arrangement that creates redundancy in the deployment or use by the agency; and (C) the extent— (i) to which any software paid for, in use, or deployed throughout the agency is interoperable; and (ii) of the efforts of the agency to improve interoperability of software assets throughout the agency enterprise; (3) a categorization of software licenses of the agency by costs and volume; (4) a list of any provisions in the software licenses of the agency that may restrict how the software can be deployed or accessed, either on desktop or server hardware or through a cloud service provider; and (5) an analysis addressing— (A) the accuracy and completeness of the software inventory and software entitlements of the agency before and after the comprehensive assessment; (B) management by the agency of and compliance by the agency with all contracts or other agreements or arrangements that include or implicate software licensing or software management within the agency; (C) the extent to which the agency accurately captures the total costs of enterprise licenses agreements and related costs; and (D) compliance with software license management policies of the agency. (b) Contract support (1) Authority The head of an agency may enter into 1 or more contracts to support the requirements of subsection (a). (2) No conflict of interest Contracts under paragraph (1) shall not include contractors with organization conflicts of interest. (3) Operational independence Over the course of a comprehensive assessment, contractors hired pursuant to paragraph (1) shall maintain operational independence from the integration, management, and operations of the software inventory and software entitlements of the agency. (c) Submission On the date on which the Chief Information Officer, Chief Financial Officer, Chief Procurement Officer, and General Counsel of an agency, or the equivalent officials of the agency, complete the comprehensive assessment, and not later than 1 year after the date of enactment of this Act, the Chief Information Officer shall submit the comprehensive assessment to— (1) the head of the agency; (2) the Director; (3) the Administrator; (4) the Comptroller General of the United States; (5) the Committee on Homeland Security and Governmental Affairs of the Senate; and (6) the Committee on Oversight and Reform of the House of Representatives. (d) Consultation In order to ensure the utility and standardization of the comprehensive assessment of each agency, including to support the development of each plan and the governmentwide strategy described in section 5, the Director, in consultation with the Administrator, may share information, best practices, and recommendations relating to the activities performed in the course of a comprehensive assessment of an agency. 4. Enterprise Licensing Positioning at Agencies (a) In general The Chief Information Officer of each agency, in consultation with the Chief Financial Officer and the Chief Procurement Officer of the agency, or the equivalent officials of the agency, shall use the information developed pursuant to the comprehensive assessment of the agency under section 3(a) to develop a plan for the agency to— (1) consolidate software licenses of the agency; and (2) to the greatest extent practicable, in order to improve the performance of, or reduce unnecessary costs to, the agency, adopt enterprise license agreements across the agency. (b) Plan requirements The plan of an agency shall— (1) include a detailed strategy for— (A) the remediation of any software asset management deficiencies found during the comprehensive assessment of the agency; (B) the ongoing maintenance of software asset management upon the completion of the remediation; and (C) maximizing the effectiveness of software deployed by the agency, including, to the extent practicable, leveraging technologies that— (i) provide in-depth analysis of user behaviors and collect user feedback; (ii) measure actual software usage via analytics that can identify inefficiencies to assist in rationalizing software spending; (iii) allow for segmentation of the user base; and (iv) support effective governance and compliance in the use of software; (2) identify not fewer than 5 categories of software the agency will prioritize for conversion to enterprise licenses as the software entitlements, contracts, and other agreements or arrangements for those categories come up for renewal or renegotiation; (3) provide an estimate of the costs to move to enterprise, open-source, or other licenses that do not restrict the use of software by the agency, and any projected cost savings or efficiency measures; (4) identify potential mitigations to minimize software license restrictions on how such software can be deployed or accessed, either on desktop or server hardware or through a cloud service provider; (5) include any estimates for additional resources, services, or support the agency may need to execute the enterprise licensing position plan; and (6) include any additional information, data, or analysis determined necessary by the Chief Information Officer, or other equivalent official, of the agency. (c) Support The Chief Information Officer, or other equivalent official, of an agency may request support from the Director and the Administrator for any analysis or developmental needs to create the plan of the agency. (d) Submission Not later than 120 days after the date on which the Chief Information Officer, or other equivalent official, of an agency submits the comprehensive assessment pursuant to section 3(c), the head of the agency shall submit to the Director, the Committee on Homeland Security and Governmental Affairs of the Senate , and the Committee on Oversight and Reform of the House of Representatives the plan of the agency. 5. Governmentwide strategy (a) In general Not later than 2 years after the date of enactment of this Act, the Director, in consultation with the Administrator and the Federal Chief Information Officers Council, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a strategy that includes— (1) proposals to support the adoption of governmentwide enterprise licenses on the most widely used and most costly software entitlements identified through the comprehensive assessment and plans, including, where appropriate, a cost-benefit analysis; (2) opportunities to leverage Government procurement policies and practices to increase interoperability of software entitlements acquired and deployed to reduce costs and improve performance; (3) the incorporation of data on spending by agencies on, the performance of, and management by agencies of software entitlements as part of the information required under section 11302(c)(3)(B) of title 40, United States Code; (4) where applicable, directions to agencies to transition to open-source software to obtain cost savings and performance improvement; and (5) any other information or data collected or analyzed by the Director. (b) Budget Submission (1) First budget With respect to the first budget of the President submitted under section 1105(a) of title 31, United States Code, on or after the date that is 2 years after the date of enactment of this Act, the Director shall ensure that the strategy required under subsection (a) of this section and the plan of each agency are included in the budget justification materials of each agency submitted in conjunction with that budget. (2) Subsequent 5 budgets With respect to the first 5 budgets of the President submitted under section 1105(a) of title 31, United States Code, after the budget described in paragraph (1), the Director shall— (A) designate performance metrics for agencies for common software licensing, management, and cost criteria; and (B) ensure that the progress of each agency toward the performance metrics is included in the budget justification materials of the agency submitted in conjunction with that budget. 6. GAO report Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on governmentwide trends, comparisons among agencies, and other analyses of plans and the strategy required under section 5(a) by the Comptroller General of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s4908is/xml/BILLS-117s4908is.xml |
117-s-4909 | II 117th CONGRESS 2d Session S. 4909 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To increase authorizations for the passenger ferry competitive grant program and the ferry boats and terminal facilities formula grant program, and for other purposes.
1. Short title This Act may be cited as the Ferry Service Expansion Act . 2. Construction of ferry boats and ferry terminal facilities Section 147(h) of title 23, United States Code, is amended— (1) in paragraph (2), by striking $112,000,000 and inserting $160,000,000 ; (2) in paragraph (3), by striking $114,000,000 and inserting $160,000,000 ; (3) in paragraph (4), by striking $116,000,000 and inserting $160,000,000 ; and (4) in paragraph (5), by striking $118,000,000 and inserting $160,000,000 . 3. Apportionments Section 5336(h)(1) of title 49, United States Code, is amended by striking $30,000,000 and inserting $90,000,000 . 4. Surface transportation block grant program (a) In general Section 133(b)(1)(B)(i) of title 23, United States Code, is amended by inserting , except that for the purposes of this section, hovercraft and terminal facilities for hovercraft engaging in water transit for passengers or vehicles shall be considered to be ferry boats and ferry terminal facilities under section 129(c) after section 129(c) . (b) Rule of construction Any hovercraft funded using funds made available under section 133(b)(1) of title 23, United States Code, shall be deemed to be a vessel subject to chapters 121 and 551 of title 46, United States Code. 5. Toll roads, bridges, tunnels, and ferries (a) In general Section 129(c)(5) of title 23, United States Code, is amended— (1) in the first sentence, by inserting (including between territories of the United States) after adjoining States ; and (2) in the second sentence, by inserting operations between territories of the United States, after United States, . (b) Sunset Section 11117(b) of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 147 note; Public Law 117–58 ) is amended— (1) by striking the subsection designation and heading and all that follows through section 147(b) in paragraph (1) and inserting the following: (b) Diesel fuel ferry vessels Notwithstanding section 147(b) of title 23, United States Code ; and (2) by striking paragraph (2). 6. Ferry service for rural communities Section 71103 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 147 note; Public Law 117–58 ) is amended— (1) in subsection (a)— (A) in paragraph (2)(B), by striking located more than 50 sailing miles apart ; and (B) by striking paragraph (3) and inserting the following: (3) Rural area The term rural area means an area that— (A) has not been designated by the Secretary of Commerce in the most recent decennial census as an urbanized area; or (B) has been designated by the Secretary of Commerce in the most recent decennial census as an urbanized area, but has populations described in subparagraphs (H) and (I) of section 343(a)(13) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13) ) that if excluded would result in the area encompassing a population of less than 50,000. ; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following: (f) Grant requirements The requirements under sections 5323(j) and 5333 of title 49, United States Code, shall apply to grants under this section. . 7. Electric or low-emitting ferry pilot program Section 71102 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 147 note; Public Law 117–58 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Grant requirements The requirements under sections 5323(j) and 5333 of title 49, United States Code, shall apply to grants under this section. . 8. Transit infrastructure grants The matter under the heading transit infrastructure grants under the heading Federal Transit Administration under the heading Department of Transportation in title VIII of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1437) is amended— (1) in the matter preceding paragraph (1)— (A) by striking $10,250,000,000 and inserting $11,500,000,000 ; and (B) by striking $2,050,000,000 each place it appears and inserting $2,300,000,000 ; (2) in paragraph (2), by striking and at the end; (3) in paragraph (3) by striking the colon at the end and inserting ; and ; and (4) by adding at the end the following: (4) $1,250,000,000 shall be to carry out passenger ferry grants under section 5307(h) of title 49, United States Code: . 9. Qualified vessel (a) Eligible vessel Section 53501(2) of title 46, United States Code, is amended— (1) in subparagraph (A)(iii), by striking and at the end; (2) in subparagraph (B)(v), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (C) a ferry, as such term is defined in section 2101; and (D) a passenger vessel or small passenger vessel, as such terms are defined in section 2101. . (b) Qualified vessel Section 53501(5) of title 46, United States Code, is amended— (1) in subparagraph (A)(iii), by striking and at the end; (2) in subparagraph (B)(v), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (C) a ferry, as such term is defined in section 2101; and (D) a passenger vessel or small passenger vessel, as such terms are defined in section 2101. . 10. Establishing a capital construction fund Section 53503(b) of title 46, United States Code, is amended by inserting (including transportation on a ferry, passenger vessel, or small passenger vessel, as such terms are defined in section 2101) after short sea transportation . 11. Technical corrections Section 133 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (7)— (i) by striking section 206 and inserting section 206, ; and (ii) by striking trails,, and inserting trails, ; and (B) by redesignating paragraph (24) as paragraph (4) and moving the paragraph so as to appear after paragraph (3); and (2) in subsection (k)(1)(B)(i), by striking 14501 and inserting section 14501 . | https://www.govinfo.gov/content/pkg/BILLS-117s4909is/xml/BILLS-117s4909is.xml |
117-s-4910 | II 117th CONGRESS 2d Session S. 4910 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to require the Office of Personnel Management to annually collect data relating to the Federal workforce, and for other purposes.
1. Short title This Act may be cited as the Federal Human Capital Transparency Act . 2. Blended Federal workforce (a) In general Section 1103(c) of title 5, United States Code, is amended— (1) in paragraph (1)— (A) by striking (c)(1) and inserting (c)(1)(A) ; and (B) by adding at the end the following: (B) (i) The Office of Personnel Management shall collect from Executive agencies, other than elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )), on at least an annual basis the following: (I) The total number of persons employed directly by the Executive agency. (II) The total number of prime contractor employees and subcontractor employees, as those terms are defined in section 8701 of title 41, issued credentials allowing access to Executive agency property or computer systems. (III) The total number of employees of Federal grant and cooperative agreement recipients, as those legal instruments are described in sections 6304 and 6305 of title 31, respectively, who are issued credentials allowing access to Executive agency property or computer systems. (IV) A total count of the workforce of the Executive agency, including employees, prime contractor employees, subcontractor employees, grantee employees, and cooperative agreement employees. (ii) The Office of Personnel Management shall compile the data collected under clause (i) and issue, and post on its website, an annual report containing the data. ; and (2) in paragraph (2), by striking paragraph (1) and inserting paragraph (1)(A) . (b) Sense of Congress on effective and efficient management of the blended Federal workforce (1) Definition In this subsection, the term Executive agency has the meaning given the term in section 105 of title 5, United States Code. (2) Findings Congress finds the following: (A) The implementation of Federal laws and the competent administration of Federal programs require skilled and capable personnel. (B) Executive agencies depend on a blended workforce that includes Federal employees, employees of prime contractors and subcontractors performing services to Executive agencies, and employees of State or local governments, nonprofit organizations, or institutions of higher education performing services to Executive agencies under the terms of grants and cooperative agreements (referred to in this subsection as grantees ), all of whom make essential contributions to achieving the missions of the Federal Government in service to the people of the United States. (C) Approximately 2,000,000 Federal employees help to execute the laws of the United States, supplemented by an unknown number, estimated to exceed 5,000,000, of employees of prime contractors, subcontractors, and grantees providing services to Executive agencies. (D) Policymakers, Executive agencies, and observers have often focused on individual components of the blended workforce, such as employees, without considering all components or considering the entire blended workforce and how all 3 components can work most effectively together. (E) Executive agencies inhibit their own workforce planning and risk making decisions that may reduce the overall efficiency and cost effectiveness of the blended workforce by focusing on only 1 component in isolation. (F) Establishing artificial limits on headcounts or full-time equivalent positions for Federal employees, administrators, and managerial employees of Executive agencies may discourage the employment of interns or entry-level employees to build a balanced employment pipeline and may inadvertently encourage managers to shift work to contractors and grantees for the purpose of complying with such numerical limits, even if those decisions are not justified by an approach to improve the efficiency or cost effectiveness of the Executive agency’s work. (G) The Government Accountability Office has identified strategic human capital management as a high-risk area for the Federal Government, adding that critical skills gaps impede the government from cost-effectively serving the public and achieving results . (3) Sense of Congress It is the sense of Congress that Executive agencies should— (A) manage the entire Federal blended workforce, including employees, contractors, and grantees, using a comprehensive and holistic approach to advance their missions as effectively and cost efficiently as possible, within appropriated budgets and without using artificial numerical limits on headcounts or full-time-equivalent positions; and (B) conduct a holistic review of their blended workforce and develop a comprehensive plan to ensure an efficient and cost-effective blended workforce. | https://www.govinfo.gov/content/pkg/BILLS-117s4910is/xml/BILLS-117s4910is.xml |
117-s-4911 | II 117th CONGRESS 2d Session S. 4911 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for noncompetitive appointments in the competitive service for high-performing Federal employees.
1. Short title This Act may be cited as the Hiring Proven Performers to the Civil Service Act . 2. Noncompetitive eligibility for high-performing civilian employees (a) Definitions In this section— (1) the term competitive service has the meaning given the term in section 2102 of title 5, United States Code; and (2) the term Executive agency has the meaning given the term in section 105 of title 5, United States Code. (b) Regulations Under such regulations as the Director of the Office of Personnel Management shall issue, an Executive agency may noncompetitively appoint, for other than temporary employment, to a position in the competitive service any individual who— (1) is certified by the Director as having been a high-performing employee in a former position in the competitive service; (2) has been separated from the former position described in paragraph (1) for less than 6 years; and (3) is qualified for the new position in the competitive service, as determined by the head of the Executive agency making the noncompetitive appointment. (c) Limitation on authority An individual may not be appointed to a position under subsection (b) more than once. (d) Designation of high-Performing employees The Director of the Office of Personnel Management shall, in the regulations issued under subsection (b), set forth the criteria for certifying an individual as a high-performing employee in a former position, which shall be based on— (1) the final performance appraisal of the individual in that former position; and (2) a recommendation by the immediate or other supervisor of the individual in that former position. | https://www.govinfo.gov/content/pkg/BILLS-117s4911is/xml/BILLS-117s4911is.xml |
117-s-4912 | II 117th CONGRESS 2d Session S. 4912 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to require institutions of higher education to repay a portion of student law default, to make student loan debts dischargeable in bankruptcy, and for other purposes.
1. Short title This Act may be cited as the Make the Universities Pay Act . 2. Institutions of higher education repaying a portion of student loan debts Section 454 of the Higher Education Act of 1965 ( 20 U.S.C. 1087d ) is amended by adding at the end the following: (d) Institutions of higher education repaying a portion of student loan debts (1) In general Each institution of higher education participating in the direct student loan program under this part for a fiscal year shall be liable for 50 percent of any student loan balance that is in default for a loan made under this part that was used towards the cost of attendance at the institution. (2) Offset exception An institution of higher education shall not increase the costs of tuition at the institution, charge any additional fee to students, or otherwise increase the cost of attendance at the institution in order to offset the liability of the institution under paragraph (1) unless there is an equivalent percentage decrease in administrative expenses at the institution. . 3. Making student loan debts dischargeable in bankruptcy (a) Exceptions To discharge Section 523(a) of title 11, United States Code, is amended by striking paragraph (8) and inserting the following: (8) for an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship, or stipend received from a governmental unit or nonprofit institution, unless— (A) excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor’s dependents; (B) in the case of such an education benefit overpayment or loan for undergraduate education, the first payment on such debt became due before the 5-year period (exclusive of any applicable suspension of the repayment period) ending on the date of the filing of the petition; or (C) in the case of such an education benefit overpayment or loan for graduate education, the first payment on such debt became due before the 15-year period (exclusive of any applicable suspension of the repayment period) ending on the date of the filing of the petition; . (b) Application The amendment made by subsection (a) shall apply to any proceeding under title 11, United States Code, that is initiated on or after the date that is 180 days after the date of enactment of this Act. 4. Ensuring transparency of student outcomes Section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ) is amended— (1) in subsection (a), by adding at the end the following: (30) The institution will, not later than September 30, 2023, and annually thereafter, comply with the following: (A) Produce and transmit to the Secretary statistical analysis using the statistical sampling method developed under subsection (k) that consists of the following measures of post-collegiate graduate outcomes for the institution as a whole and disaggregated by each degree or program of study offered by the institution at time intervals of 1 year, 5 years, and 15 years after graduation: (i) Mean and median earnings of graduates. (ii) Student loan default rates of graduates. (B) Publish and make available to the public the statistical analysis produced under subparagraph (A) on the website of the institution, within 2 clicks of the homepage and without a paywall, email login, or other restriction to access. ; and (2) by adding at the end the following: (k) Ensuring transparency of student outcomes (1) Development of statistical sampling method The Secretary shall— (A) develop a statistical sampling method to be used by institutions of higher education in fulfilling the requirement described in subsection (a)(30); and (B) establish a searchable database accessible to the public of all analyses transmitted to the Secretary pursuant to subsection (a)(30) that can be sorted by institution and degree or program of study. (2) Audit and investigation authority The Inspector General of the Department may audit and investigate the veracity of statistical analysis transmitted to the Secretary by an institution of higher education. . | https://www.govinfo.gov/content/pkg/BILLS-117s4912is/xml/BILLS-117s4912is.xml |
117-s-4913 | II 117th CONGRESS 2d Session S. 4913 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish the duties of the Director of the Cybersecurity and Infrastructure Security Agency regarding open source software security, and for other purposes.
1. Short title This Act may be cited as the Securing Open Source Software Act of 2022 . 2. Findings Congress finds that— (1) open source software fosters technology development and is an integral part of overall cybersecurity; (2) a secure, healthy, vibrant, and resilient open source software ecosystem is crucial for ensuring the national security and economic vitality of the United States; (3) open source software is part of the foundation of digital infrastructure that promotes a free and open internet; (4) due to both the unique strengths of open source software and inconsistent historical investment in open source software security, there exist unique challenges in securing open source software; and (5) the Federal Government should play a supporting role in ensuring the long-term security of open source software. 3. Open source software security duties (a) In general Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended— (1) in section 2201 ( 6 U.S.C. 651 )— (A) by redesignating paragraphs (5), (6), and (7) as paragraphs (8), (9), and (10), respectively; and (B) by inserting after paragraph (4) the following: (5) Open source software The term open source software means software for which the human-readable source code is made available to the public for use, study, re-use, modification, enhancement, and re-distribution. (6) Open source software community The term open source software community means the community of individuals, foundations, nonprofit organizations, corporations, and other entities that— (A) develop, contribute to, maintain, and publish open source software; or (B) otherwise work to ensure the security of the open source software ecosystem. (7) Open source software component The term open source software component means an individual repository of open source software that is made available to the public. ; (2) in section 2202(c) ( 6 U.S.C. 652(c) )— (A) in paragraph (13), by striking and at the end; (B) by redesignating paragraph (14) as paragraph (15); and (C) by inserting after paragraph (13) the following: (14) support, including by offering services, the secure usage and deployment of software, including open source software, in the software development lifecycle at Federal agencies in accordance with section 2220E; and ; and (3) by adding at the end the following: 2220E. Open source software security duties (a) Definition In this section, the term software bill of materials has the meaning given the term in the Minimum Elements for a Software Bill of Materials published by the Department of Commerce, or any superseding definition published by the Agency. (b) Employment The Director shall, to the greatest extent practicable, employ individuals in the Agency who— (1) have expertise and experience participating in the open source software community; and (2) perform the duties described in subsection (c). (c) Duties of the Director (1) In general The Director shall— (A) perform outreach and engagement to bolster the security of open source software; (B) support Federal efforts to strengthen the security of open source software; (C) coordinate, as appropriate, with non-Federal entities on efforts to ensure the long-term security of open source software; (D) serve as a public point of contact regarding the security of open source software for non-Federal entities, including State, local, Tribal, and territorial partners, the private sector, international partners, open source software organizations, and open source software developers; and (E) support Federal and non-Federal supply chain security efforts by encouraging efforts to bolster open source security, such as— (i) assisting in coordinated vulnerability disclosures in open source software components pursuant to section 2209(n); and (ii) supporting the activities of the Federal Acquisition Security Council. (2) Assessment of critical open source software components (A) Framework Not later than 1 year after the date of enactment of this section, the Director shall publicly publish a framework, incorporating government, including those published by the National Institute of Standards and Technology, industry, and open source software community frameworks and best practices, for assessing the risk of open source software components, including direct and indirect open source software dependencies, which shall incorporate, at a minimum— (i) the security properties of code in a given open source software component, such as whether the code is written in a memory-safe programming language; (ii) the security practices of development, build, and release processes of a given open source software component, such as the use of multi-factor authentication by maintainers and cryptographic signing of releases; (iii) the number and severity of publicly known, unpatched vulnerabilities in a given open source software component; (iv) the breadth of deployment of a given open source software component; (v) the level of risk associated with where a given open source software component is integrated or deployed, such as whether the component operates on a network boundary or in a privileged location; and (vi) the health of the community for a given open source software component, including, where applicable, the level of current and historical investment and maintenance in the open source software component, such as the number and activity of individual maintainers. (B) Updating framework Not less frequently than annually after the date on which the framework is published under subparagraph (A), the Director shall— (i) determine whether additional updates are needed to the framework described in subparagraph (A); and (ii) if the Director determines that additional updates are needed under clause (i), make those updates to the framework. (C) Developing framework In developing the framework described in subparagraph (A), the Director shall consult with— (i) appropriate Federal agencies, including the National Institute of Standards and Technology; (ii) individuals and nonprofit organizations from the open source software community; and (iii) private companies from the open source software community. (D) Federal open source software assessment Not later than 1 year after the publication of the framework described in subparagraph (A), and not less frequently than every 2 years thereafter, the Director shall, to the greatest extent practicable and using the framework described in subparagraph (A)— (i) perform an assessment of open source software components used directly or indirectly by Federal agencies based on readily available, and, to the greatest extent practicable, machine readable, information, such as— (I) software bills of material that are made available to the Agency or are otherwise accessible via the internet; (II) software inventories collected from the Continuous Diagnostics and Mitigation program of the Agency; and (III) other publicly available information regarding open source software components; and (ii) develop 1 or more ranked lists of components described in clause (i) based on the assessment, such as ranked by the criticality, level of risk, or usage of the components, or a combination thereof. (E) Automation The Director shall, to the greatest extent practicable, automate the assessment conducted under subparagraph (D). (F) Publication The Director shall publicly publish and maintain any tools developed to conduct the assessment described in subparagraph (D) as open source software. (G) Sharing (i) Results The Director shall facilitate the sharing of the results of the assessment described in subparagraph (D) with appropriate Federal and non-Federal entities working to support the security of open source software, including by offering means for appropriate Federal and non-Federal entities to download the assessment in an automated manner. (ii) Datasets The Director may publicly publish, as appropriate, any datasets or versions of the datasets developed or consolidated as a result of the assessment described in subparagraph (D). (H) Critical infrastructure assessment study and pilot (i) Study Not later than 2 years after the publication of the framework described in subparagraph (A), the Director shall conduct a study regarding the feasibility of the Director conducting the assessment described in subparagraph (D) for critical infrastructure entities. (ii) Pilot If the Director determines that the assessment described in clause (i) is feasible, the Director may conduct a pilot assessment on a voluntary basis with 1 or more critical infrastructure sectors, in coordination with the Sector Risk Management Agency and the sector coordinating council of each participating sector. (iii) Reports (I) Study Not later than 180 days after the date on which the Director completes the study conducted under clause (i), the Director shall submit to the appropriate congressional committees a report that— (aa) summarizes the study; and (bb) states whether the Director plans to proceed with the pilot described in clause (ii). (II) Pilot If the Director proceeds with the pilot described in clause (ii), not later than 1 year after the date on which the Director begins the pilot, the Director shall submit to the appropriate congressional committees a report that includes— (aa) a summary of the results of the pilot; and (bb) a recommendation as to whether the pilot should be continued. (3) Coordination with National Cyber Director The Director shall— (A) brief the National Cyber Director on the activities described in this subsection; and (B) coordinate activities with the National Cyber Director, as appropriate. (4) Reports (A) In general Not later than 1 year after the date of enactment of this section, and every 2 years thereafter, the Director shall submit to the appropriate congressional committees a report that includes— (i) a summary of the work on open source software security performed by the Director during the period covered by the report, including a list of the Federal and non-Federal entities with which the Director interfaced; (ii) the framework developed under paragraph (2)(A); (iii) a summary of changes made to the framework developed under paragraph (2)(A) since the last report submitted under this subparagraph; (iv) a summary of the assessment conducted pursuant to paragraph (2)(D); (v) a summary of changes made to the assessment conducted pursuant to paragraph (2)(D) since the last report submitted under this subparagraph, including overall security trends; and (vi) a summary of the types of entities with which the assessment was shared pursuant to paragraph (2)(G), including a list of the Federal and non-Federal entities with which the assessment was shared. (B) Public report Not later than 30 days after the date on which the Director submits a report required under subparagraph (A), the Director shall make a version of the report publicly available on the website of the Agency. . (b) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended— (1) by moving the item relating to section 2220D to appear after the item relating to section 2220C; and (2) by inserting after the item relating to section 2220D the following: Sec. 2220E. Open source software security duties. . 4. Software security advisory subcommittee Section 2219(d)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 665e(d)(1) ) is amended by adding at the end the following: (E) Software security, including open source software security. . 5. Open source software guidance (a) Definitions In this section: (1) Appropriate congressional committee The term appropriate congressional committee has the meaning given the term in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ). (2) Covered agency The term covered agency means an agency described in section 901(b) of title 31, United States Code. (3) Director The term Director means the Director of the Office of Management and Budget. (4) Open source software; open source software community The terms open source software and open source software community have the meanings given those terms in section 2201 of the Homeland Security Act of 2002 ( 6 U.S.C. 651 ), as amended by section 3 of this Act. (b) Guidance (1) In general Not later than 1 year after the date of enactment of this Act, the Director, in coordination with the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the Administrator of General Services, shall issue guidance on the responsibilities of the chief information officer at each covered agency regarding open source software, which shall include— (A) how chief information officers at each covered agency should, considering industry and open source software community best practices— (i) manage and reduce risks of using open source software; and (ii) guide contributing to and releasing open source software; (B) how chief information officers should enable, rather than inhibit, the secure usage of open source software at each covered agency; (C) any relevant updates to the Memorandum M–16–21 issued by the Office of Management and Budget on August 8, 2016, entitled, Federal Source Code Policy: Achieving Efficiency, Transparency, and Innovation through Reusable and Open Source Software ; and (D) how covered agencies may contribute publicly to open source software that the covered agency uses, including how chief information officers should encourage those contributions. (2) Exemption of national security systems The guidance issued under paragraph (1) shall not apply to national security systems. (c) Pilot (1) In general Not later than 1 year after the date of enactment of this Act, the chief information officer of each covered agency described in paragraph (2), in coordination with the Director, the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the Administrator of General Services, shall establish a pilot open source function at the covered agency that— (A) is modeled after open source program offices, such as those in the private sector, the nonprofit sector, academia, and other non-Federal entities; and (B) shall— (i) support the secure usage of open source software at the covered agency; (ii) develop policies and processes for contributions to and releases of open source software at the covered agency, in consultation, as appropriate, with the Offices of General Counsel and Procurement of the covered agency; (iii) interface with the open source software community; and (iv) manage and reduce risks of consuming open source software at the covered agency. (2) Selection of pilot agencies The Director, in coordination with the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the Administrator of General Services, shall select 1 or more covered agencies to conduct the pilot described in paragraph (1) (3) Assessment Not later than 1 year after the establishment of the pilot open source functions described in paragraph (1), the Director, in coordination with the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the Administrator of General Services, shall assess whether open source functions should be established at some or all covered agencies, including— (A) how to organize those functions within covered agencies, such as the creation of open source program offices; and (B) appropriate roles and responsibilities for those functions. (4) Guidance If the Director determines, based on the assessment described in paragraph (3), that some or all of the open source functions should be established at some or all covered agencies, the Director, in coordination with the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the Administrator of General Services, shall issue guidance on the implementation of those functions. (d) Briefing and report The Director shall— (1) not later than 1 year after the date of enactment of this Act, brief the appropriate congressional committees on the guidance issued under subsection (b); and (2) not later than 540 days after the establishment of the pilot open source functions under subsection (c)(1), submit to the appropriate congressional committees a report on— (A) the pilot open source functions; and (B) the results of the assessment conducted under subsection (c)(3). (e) Duties Section 3554(b) of title 44, United States Code, is amended— (1) in paragraph (7), by striking and at the end; (2) in paragraph (8), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (9) plans and procedures to ensure the secure usage and development of software, including open source software. . 6. Rule of construction Nothing in this Act or the amendments made by this Act shall be construed to provide any additional regulatory authority to any Federal agency described therein. | https://www.govinfo.gov/content/pkg/BILLS-117s4913is/xml/BILLS-117s4913is.xml |
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