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117-s-4914 | II 117th CONGRESS 2d Session S. 4914 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mr. Marshall (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To direct the Secretary of State to designate certain Mexican drug cartels as foreign terrorist organizations, and to submit a report to Congress justifying such designations in accordance with section 219 of the Immigration and Nationality Act.
1. Short title This Act may be cited as the Drug Cartel Terrorist Designation Act . 2. Report on designation of certain drug cartels as foreign terrorist organizations (a) Sense of Congress It is the sense of Congress that each of the drug cartels referred to in subsection (c) meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (b) Defined term In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services of the Senate ; (2) the Committee on Banking, Housing, and Urban Affairs of the Senate ; (3) the Committee on Foreign Relations of the Senate ; (4) the Committee on the Judiciary of the Senate ; (5) the Committee on Homeland Security and Governmental Affairs of the Senate ; (6) the Select Committee on Intelligence of the Senate ; (7) the Committee on Armed Services of the House of Representatives ; (8) the Committee on Financial Services of the House of Representatives ; (9) the Committee on Foreign Affairs of the House of Representatives ; (10) the Committee on the Judiciary of the House of Representatives ; (11) the Committee on Homeland Security of the House of Representatives ; and (12) the Permanent Select Committee on Intelligence of the House of Representatives . (c) Designation (1) In general The Secretary of State shall designate each of the following Mexican drug cartels as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ): (A) The Reynosa/Los Metros faction of the Gulf Cartel. (B) The Cartel Del Noreste faction of Los Zetas. (C) The Jalisco New Generation Cartel. (D) The Sinaloa Cartel. (2) Additional cartels The Secretary of State shall designate any Mexican drug cartel, or any faction of such a cartel, as a foreign terrorist organization if such cartel or faction meets the criteria described in such section 219(a). (d) Report (1) Report required Not later than 30 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Director of National Intelligence, shall submit to the appropriate committees of Congress a detailed report regarding— (A) each of the drug cartels referred to in subsection (c)(1) that describes the criteria justifying their designations as foreign terrorist organizations under section 219(a)of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ); and (B) all other Mexican drug cartels, or factions of cartels, that the Secretary determines pursuant to subsection (c)(2) meet the criteria for designation as foreign terrorist organizations under such section 219(a), including the specific criteria justifying each such designation. (2) Form The report required under paragraph (1)— (A) shall be submitted in unclassified form, but may include a classified annex; (B) shall be made available only in electronic form; and (C) may not be printed, except upon a request for a printed copy from a congressional office. | https://www.govinfo.gov/content/pkg/BILLS-117s4914is/xml/BILLS-117s4914is.xml |
117-s-4915 | II 117th CONGRESS 2d Session S. 4915 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mr. Barrasso (for himself, Mr. Thune , Ms. Lummis , Mr. Rounds , Mr. Daines , and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Indian Health Care Improvement Act to improve the recruitment and retention of employees in the Indian Health Service, restore accountability in the Indian Health Service, improve health services, and for other purposes.
1. Short title This Act may be cited as the Restoring Accountability in the Indian Health Service Act of 2022 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Indian Health Service improvements Sec. 101. Incentives for recruitment and retention. Sec. 102. Medical credentialing system. Sec. 103. Liability protections for health professional volunteers at Indian Health Service. Sec. 104. Clarification regarding eligibility for Indian Health Service loan repayment program. Sec. 105. Improvements in hiring practices. Sec. 106. Improved authorities of secretary to improve accountability of senior executives and employees of the Indian Health Service. Sec. 107. Tribal culture and history. Sec. 108. Staffing demonstration program. Sec. 109. Rule establishing Tribal consultation policy. Sec. 110. Treatment of certain hospitals. Sec. 111. Enhancing quality of care in the Indian Health Service. Sec. 112. Notification of investigation regarding professional conduct; submission of records. Sec. 113. Medical chaperones; Office of Patient Advocacy. Sec. 114. Fitness of health care providers. Sec. 115. Standards to improve timeliness of care. TITLE II—Employee protections Sec. 201. Employee protections against retaliation. Sec. 202. Right of Federal employees to petition Congress. Sec. 203. Fiscal accountability. TITLE III—Reports Sec. 301. Definitions. Sec. 302. Reports by the Secretary of Health and Human Services. Sec. 303. Reports by the Comptroller General. Sec. 304. Inspector General reports. Sec. 305. Transparency in CMS surveys. TITLE IV—Technical amendments Sec. 401. Technical amendments. I Indian Health Service improvements 101. Incentives for recruitment and retention Title I of the Indian Health Care Improvement Act ( 25 U.S.C. 1611 et seq. ) is amended by adding at the end the following: 125. Incentives for recruitment and retention (a) Parity in IHS health care workforce personnel and pay system The Secretary shall establish a personnel and pay system for physicians, dentists, nurses, and other health care professionals employed by the Service that provides a personnel and pay system that, to the maximum extent practicable, is comparable to the pay provided to physicians, dentists, nurses, and other health care professionals, respectively, under subchapters III and IV of chapter 74 of title 38, United States Code. (b) Housing vouchers (1) In general Subject to paragraph (2), not later than 1 year after the date of enactment of the Restoring Accountability in the Indian Health Service Act of 2022 , the Secretary may establish a program to provide tenant-based rental assistance to an employee of the Service who— (A) agrees to serve for not less than 1 year at a Service unit designated by the Administrator of the Health Resources and Services Administration as a health professional shortage area (as defined in section 332(a) of the Public Health Service Act ( 42 U.S.C. 254e(a) )) with the greatest staffing need; and (B) is a critical employee, as determined by the Secretary. (2) Sunset Any program established by the Secretary under paragraph (1) shall terminate on the date that is 3 years after the date on which the program is established. (3) Reports Not later than 1 year after the date on which a program established under paragraph (1) is terminated in accordance with paragraph (2), the Secretary shall submit to Congress a report describing, with respect to that program— (A) the costs of the program; (B) employee uptake of the program; and (C) the effects of the program on local facility staffing needs. (c) Administration The Secretary may only provide a benefit under subsection (b) to— (1) a full-time employee who agrees to serve for not less than 1 year in the Service beginning on the date of the agreement; or (2) a part-time employee who agrees to serve for not less than 2 years in the service beginning on the date of the agreement. . 102. Medical credentialing system Title I of the Indian Health Care Improvement Act ( 25 U.S.C. 1611 et seq. ) (as amended by section 101) is amended by adding at the end the following: 126. Medical credentialing system (a) In general (1) Development and implementation timeline Not later than 1 year after the date of enactment of the Restoring Accountability in the Indian Health Service Act of 2022 , the Secretary, acting through the Service (referred to in this section as the Secretary ), in accordance with subsection (b), shall develop and implement a Service-wide centralized credentialing system (referred to in this section as the credentialing system ) to credential licensed health professionals who seek to provide health care services at any Service unit. (2) Implementation In implementing the credentialing system, the Secretary— (A) shall not require re-credentialing of licensed health professionals who were credentialed using existing Service policy prior to the date of enactment of the Restoring Accountability in the Indian Health Service Act of 2022 ; and (B) shall— (i) use the credentialing system for— (I) all applications for credentialing or re-credentialing of licensed health professionals submitted on or after the date of enactment of the Restoring Accountability in the Indian Health Service Act of 2022 ; and (II) the migration into the credentialing system of credentials data that existed prior to implementation of the credentialing system; and (ii) maintain the established timeline for re-credentialing of licensed health professionals who were credentialed prior to implementation of the credentialing system, as defined by Service policy. (b) Requirements (1) In general In developing the credentialing system under subsection (a), the Secretary shall ensure that— (A) credentialing procedures shall be uniform throughout the Service; and (B) with respect to each licensed health professional who successfully completes the credentialing procedures of the credentialing system, the Secretary may authorize the licensed health professional to provide health care services at any Service unit. (2) Exemption The requirements described in paragraph (1) shall not apply to licensed health professionals who were credentialed using existing Service policy prior to the date of enactment of the Restoring Accountability in the Indian Health Service Act of 2022 until the date on which those licensed health professionals are required to be re-credentialed in accordance with the credentialing system developed and implemented under subsection (a). (c) Consultation In developing the credentialing system under subsection (a), the Secretary— (1) shall consult with Indian tribes; and (2) may consult with— (A) any public or private association of medical providers; (B) any government agency; or (C) any other relevant expert, as determined by the Secretary. (d) Application (1) In general Subject to paragraph (2), a licensed health care professional may not provide health care services at any Service unit, unless the licensed health care professional successfully completes the credentialing procedures of the credentialing system developed and implemented under subsection (a). (2) Exemption Paragraph (1) shall not apply to licensed health professionals who were credentialed using existing Service policy prior to the date of enactment of the Restoring Accountability in the Indian Health Service Act of 2022 until the date on which those licensed health professionals are required to be re-credentialed in accordance with the credentialing system developed and implemented under subsection (a). (e) Nonduplication of efforts (1) In general To the extent that prior to the deadline described in subsection (a)(1), the Service has begun implementing or has completed implementation of a medical credentialing system that otherwise meets the requirements of this section, the Service shall not be required to establish a new credentialing system under this section. (2) Authority The Service may expand or enhance an existing credentialing system to meet the requirements of this section. (3) Review (A) In general Not less frequently than once every 5 years, the Service shall— (i) undertake a formal review of the credentialing system in effect on the date of the review; and (ii) if necessary, take action to bring the credentialing system into compliance with the requirements of this section. (B) Consultation Each formal review conducted under subparagraph (A) shall be subject to the consultation requirements under subsection (c). (f) Effect Nothing in this section— (1) negatively impacts the right of an Indian tribe to enter into a compact or contract under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ); or (2) applies to such a compact or contract unless expressly agreed to by the Indian tribe. . 103. Liability protections for health professional volunteers at Indian Health Service Section 224 of the Public Health Service Act ( 42 U.S.C. 233 ) is amended by adding at the end the following: (r) Certain Indian Health Service volunteers deemed Public Health Service employees (1) In general For purposes of this section, a health professional volunteer at a Service unit shall, in providing a health service to an individual, be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under paragraph (4)(C). The preceding sentence is subject to the provisions of this subsection. (2) Conditions In providing a health service to an individual, a health care practitioner shall, for purposes of this subsection, be considered to be a health professional volunteer at a Service unit if all of the following conditions are met: (A) The service is provided to the individual at the facilities of a Service unit, or through offsite programs or events carried out by the Service unit. (B) The Service unit is sponsoring the health care practitioner pursuant to paragraph (3)(C). (C) The health care practitioner does not receive any compensation for the service from the individual, the Service unit, or any third-party payer (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program), except that the health care practitioner may receive repayment from the Service unit for reasonable expenses incurred by the health care practitioner in the provision of the service to the individual. (D) Before the service is provided, the health care practitioner or the Service unit posts a clear and conspicuous notice at the site where the service is provided of the extent to which the legal liability of the health care practitioner is limited under this subsection. (E) At the time the service is provided, the health care practitioner is licensed, certified, credentialed, and privileged in accordance with Service policy and applicable law regarding the provision of the service. (3) Applicability Subsection (g) (other than paragraphs (3) and (5)) and subsections (h), (i), and (l) apply to a health care practitioner at a Service unit for purposes of this subsection to the same extent and in the same manner as such subsections apply to an officer, governing board member, employee, or contractor of an entity described in subsection (g)(4), subject to paragraph (4) and subject to the following subparagraphs: (A) Each reference to an entity in subsections (g), (h), (i), and (l) shall be considered to be a reference to a Service unit. (B) The first sentence of paragraph (1) applies in lieu of the first sentence of subsection (g)(1)(A). (C) With respect to a Service unit, a health care practitioner is not a health professional volunteer at the Service unit unless the Service unit sponsors the health care practitioner. For purposes of this subsection, the Service unit shall be considered to be sponsoring the health care practitioner if— (i) with respect to the health care practitioner, the Service unit submits to the Secretary an application meeting the requirements of subsection (g)(1)(D); and (ii) the Secretary, pursuant to subsection (g)(1)(E), determines that the health care practitioner is deemed to be an employee of the Public Health Service. (D) In the case of a health care practitioner who is determined by the Secretary pursuant to this subsection and subsection (g)(1)(E) to be a health professional volunteer, this subsection applies to the health care practitioner (with respect to services performed on behalf of the Service unit sponsoring the health care practitioner pursuant to subparagraph (C)) for any cause of action arising from an act or omission of the health care practitioner occurring on or after the date on which the Secretary makes that determination. (E) Subsection (g)(1)(F) applies to a health care practitioner for purposes of this subsection only to the extent that, in providing health services to an individual, each of the conditions described in paragraph (2) is met. (4) Funding (A) In general Amounts in the fund established under subsection (k)(2) shall be available for transfer under subparagraph (C) for purposes of carrying out this subsection. (B) Annual estimates (i) In general Not later than May 1 of each fiscal year, the Attorney General, in consultation with the Secretary, shall submit to Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the acts or omissions of health professional volunteers, will be paid pursuant to this section during the calendar year that begins in the following fiscal year. (ii) Applicability Subsection (k)(1)(B) applies to the estimate under clause (i) relating to health professional volunteers to the same extent and in the same manner as that subsection applies to the estimate under that subsection relating to officers, governing board members, employees, and contractors of entities described in subsection (g)(4). (C) Transfers Not later than December 31 of each fiscal year, the Secretary shall transfer from the fund under subsection (k)(2) to the appropriate accounts in the Treasury an amount equal to the estimate made under subparagraph (B) for the calendar year beginning in that fiscal year, subject to the extent of amounts in the fund. (5) Definition of service unit (A) In general In this subsection, the term Service unit has the meaning given the term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (B) Inclusion In this subsection, the term Service unit includes an urban Indian organization with which the Indian Health Service has entered into a contract with, or to which the Indian Health Service has made a grant, under title V of the Indian Health Care Improvement Act ( 25 U.S.C. 1651 et seq. ). (6) Effect Nothing in this subsection— (A) negatively impacts the right of an Indian tribe to enter into a compact or contract under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 et seq. ); or (B) applies to such a compact or contract unless expressly agreed to by the Indian tribe. (7) Effective dates (A) In general Except as provided in subparagraph (B), this subsection shall take effect on October 1, 2022. (B) Regulations, applications, and reports Effective on the date of the enactment of the Restoring Accountability in the Indian Health Service Act of 2022 , the Secretary may— (i) prescribe regulations for carrying out this subsection; and (ii) accept and consider applications submitted under paragraph (3)(C)(i). . 104. Clarification regarding eligibility for Indian Health Service loan repayment program Section 108 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616a ) is amended— (1) in subsection (b)(1), by striking subparagraph (B) and inserting the following: (B) have— (i) (I) a degree in a health profession; and (II) a license to practice a health profession in a State; or (ii) (I) a master's degree in business administration with an emphasis in health care management (as defined by the Secretary), health administration, hospital administration, or public health; and (II) a license or certification to practice in the field of business administration, health administration, hospital administration, or public health in a State, if the Secretary determines the license or certification is necessary for the Indian health program to which the individual will be assigned; ; (2) in subsection (f)(1)(B), by striking clause (iii) and inserting the following: (iii) to serve for a time period (referred to in this section as the period of obligated service ) equal to— (I) 2 years or such longer period as the individual may agree to serve in the full-time practice of the individual’s profession in an Indian health program to which the individual may be assigned by the Secretary; or (II) 4 years or such longer period as the individual may agree to serve in the half-time practice of the individual’s profession in an Indian health program to which the individual may be assigned by the Secretary; ; and (3) in subsection (g)(2)— (A) in subparagraph (B), by striking (B) Any arrangement and inserting the following: (C) Deadline for repayments Any arrangement ; (B) subparagraph (A), in the second sentence of the matter preceding clause (i), by striking In making a determination and inserting the following: (B) Determination of amount of payment In making a determination under this paragraph ; and (C) by striking (2)(A) For each year and all that follows through paragraph (1). and inserting the following: (2) Authorized Payments (A) Amount of payment (i) Full-time practice In the case of an individual who contracts to serve a period of obligated service under subsection (f)(1)(B)(iii)(I), for each year of the obligated service, the Secretary may pay up to $35,000 (or an amount equal to the amount specified in section 338B(g)(2)(A) of the Public Health Service Act ( 42 U.S.C. 254l–1(g)(2)(A) )) on behalf of the individual for loans described in paragraph (1). (ii) Half-time In the case of an individual who contracts to serve a period of obligated service under subsection (f)(1)(B)(iii)(II), for each year of such obligated service, the Secretary may pay up to $17,500 on behalf of the individual for loans described in paragraph (1). . 105. Improvements in hiring practices (a) In general Title VI of the Indian Health Care Improvement Act ( 25 U.S.C. 1661 et seq. ) is amended by adding at the end the following: 605. Improvements in hiring practices (a) Direct hire authority The Secretary may appoint, without regard to subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of that title), a candidate directly to a position within the Service for which the candidate meets the qualifications standard established by the Office of Personnel Management. (b) Tribal notification (1) In general Before appointing, hiring, promoting, transferring, or reassigning a candidate to a Senior Executive Service position or the position of a manager at an Area office or Service unit, the Secretary shall provide notice to each Indian tribe located within the defined geographic area of the Area office or Service unit, as applicable, of the content of an inclusion in an employment record. (2) Comment period Each Indian tribe that receives notification under paragraph (1) may submit to the Secretary comments during the 10-day period after the date of notification. . (b) IHS waivers Section 2(c) of Public Law 96–135 ( 25 U.S.C. 5117(c) ) is amended— (1) in paragraph (2)— (A) by striking (2) The provisions and inserting the following: (2) Application to certain individuals The provisions ; (B) by inserting or (3) after paragraph (1) ; and (C) by striking section 1131(f) of the Education Amendments of 1978 ( 25 U.S.C. 2011(f) ; 92 Stat. 2324) and inserting section 1132(f) of the Education Amendments of 1978 ( 25 U.S.C. 2012(f) ) ; (2) by striking (c)(1) Notwithstanding and inserting the following: (c) Waiver of applicability in personnel actions (1) In general Notwithstanding ; and (3) by adding at the end the following: (3) IHS waivers (A) In general At the request of a concerned Indian tribe, the Secretary of Health and Human Services may seek from each Indian tribe concerned a waiver of Indian preference laws for a personnel action that is with respect to— (i) a Service unit (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) in which— (I) 15 percent or greater of the total positions are not filled by a full-time employee of the Indian Health Service for a period of 6 months or longer; or (II) 15 percent or greater of a specific health professional position are not filled by a full-time employee of the Indian Health Service for a period of 6 months or longer; or (ii) a former employee of the Indian Health Service, or a former Tribal employee, who was removed from the employment during, or demoted for performance or misconduct that occurred during, the 5-year period following the date of the personnel action. (B) Limitation A waiver may only be requested under subparagraph (A) for a personnel action that is with respect to an employee described in clause (ii) of that subparagraph if the reason for the removal or demotion of the employee did not result from an action undertaken by the employee that was reported to the National Practitioner Data Bank. (C) Restriction The Secretary of Health and Human Services may only approve a waiver under subparagraph (A) if the waiver is first requested by a concerned Indian tribe. . 106. Improved authorities of secretary to improve accountability of senior executives and employees of the Indian Health Service (a) In general Title VI of the Indian Health Care Improvement Act ( 25 U.S.C. 1661 et seq. ) (as amended by section 105) is amended by adding at the end the following: 606. Improved authorities of Secretary to improve accountability of senior executives of the Indian Health Service (a) Definitions In this section: (1) Covered individual The term covered individual means a career appointee (as defined in section 3132(a) of title 5, United States Code). (2) Misconduct The term misconduct includes— (A) neglect of duty; (B) malfeasance; (C) failure to accept a directed reassignment; and (D) failure to accompany a position in a transfer of function. (3) Secretary The term Secretary means the Secretary, acting through the Service. (4) Senior executive position The term senior executive position means a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code). (b) Authority (1) In general The Secretary may, in accordance with this section, reprimand, suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive position at the Service if the Secretary determines that the misconduct or performance of the covered individual warrants such an action. (2) Removal from civil service If the Secretary removes a covered individual pursuant to paragraph (1), the Secretary may remove the individual from the civil service (as defined in section 2101 of title 5, United States Code). (c) Rights and procedures (1) In general A covered individual who is the subject of an action or removal, as applicable, under subsection (b) is entitled— (A) to advance notice of the action or removal; (B) to access a file containing all evidence in support of the proposed action or removal; (C) to be represented by an attorney or other representative of the covered individual’s choice; and (D) to grieve the decision on the action or removal under paragraph (2) in accordance with the internal grievance process established by the Secretary under paragraph (3). (2) Notice; response; decision (A) In general The aggregate period for notice, response, and decision on an action or removal under subsection (b) may not exceed 15 business days. (B) Response A covered individual receiving a notice under paragraph (1)(A) of an action or removal, as applicable, under subsection (b) shall have not more than 7 business days to respond to the notice. (C) Decision (i) In general The Secretary shall issue a decision on an action or removal, as applicable, under subsection (b) not later than 15 business days after the date on which notice of the action or removal, as applicable, is received by the applicable covered individual under paragraph (1)(A). (ii) Requirements A decision under clause (i)— (I) shall be in writing; and (II) shall include the specific reasons for the decision. (D) Final and conclusive decision A decision under this paragraph that is not grieved under paragraph (3) by the deadline described in that paragraph shall be final and conclusive. (3) Grievance process (A) In general The Secretary shall establish an internal grievance process under which a covered individual may grieve a decision issued under paragraph (2) not later than the date that is 7 business days after the date on which the decision under that paragraph was issued. (B) Total period The Secretary shall issue a decision for which an internal grievance process is initiated under subparagraph (A) not later than 21 business days after the date on which the grievance process is initiated by the covered individual. (C) Final and conclusive decision A grievance decision under this paragraph shall be final and conclusive. (4) Judicial review A covered individual adversely affected by a decision under paragraph (2) that is not grieved, or by a grievance decision under paragraph (3), may obtain judicial review of the decision. (5) Court review In any case in which judicial review is sought under paragraph (4), the court shall review the record and may set aside any action of the Department or the Service found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with a provision of law; (B) obtained without procedures required by a provision of law having been followed; or (C) unsupported by substantial evidence. (d) Relation to other provisions of law Section 3592(b)(1) of title 5, United States Code, shall not apply to an action under subsection (b). 607. Improved authorities of Secretary to improve accountability of employees of the Indian Health Service (a) Definitions In this section: (1) Covered individual (A) In general The term covered individual means an individual occupying a position at the Service. (B) Exclusions The term covered individual does not include— (i) an individual occupying a senior executive position (as defined in section 606(a)); (ii) an individual who has not completed a probationary or trial period; or (iii) a political appointee. (2) Grade The term grade has the meaning given the term in section 7511(a) of title 5, United States Code. (3) Misconduct The term misconduct includes— (A) neglect of duty; (B) malfeasance; (C) failure to accept a directed reassignment; and (D) failure to accompany a position in a transfer of function. (4) Political appointee The term political appointee means an individual who is— (A) employed in a position described in any of sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); (B) a limited term appointee, limited emergency appointee, or noncareer appointee (as those terms are defined in section 3132(a) of title 5, United States Code); or (C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations (or a successor regulation). (5) Secretary The term Secretary means the Secretary, acting through the Service. (6) Suspend The term suspend means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay for a period in excess of 14 days. (b) Authority (1) In general The Secretary may, in accordance with this section, remove, demote, or suspend a covered individual from employment at the Service if the Secretary determines that the performance or misconduct of the covered individual warrants such an action. (2) Actions If the Secretary removes, demotes, or suspends a covered individual pursuant to paragraph (1), the Secretary may— (A) remove the covered individual from the civil service (as defined in section 2101 of title 5, United States Code); (B) demote the covered individual by means of— (i) a reduction in grade for which the covered individual is qualified, as the Secretary determines appropriate; and (ii) a reduction of the annual rate of pay of the covered individual; or (C) suspend the covered individual from the civil service (as defined in section 2101 of title 5, United States Code). (c) Pay of certain demoted individuals (1) In general Notwithstanding any other provision of law, any covered individual subject to a demotion by means of a reduction in grade under subsection (b)(2)(B) shall, beginning on the date of the demotion, receive the annual rate of pay applicable to the reduced grade. (2) Restrictions (A) Prohibition on administrative leave A covered individual subject to a demotion under subsection (b)(2)(B)— (i) may not be placed on administrative leave during the period during which an appeal (if any) under this section is ongoing; and (ii) may only receive pay if the covered individual reports for duty or is approved to use accrued unused annual, sick, family medical, military, or court leave. (B) Restriction on pay and benefits If a covered individual subject to a demotion under subsection (b)(2)(B) does not report for duty (and has not received approval to use accrued unused leave under subparagraph (A)(ii)), the covered individual shall not receive pay or other benefits pursuant to subsection (e)(7). (d) Rights and procedures (1) In general A covered individual who is the subject of an action or removal, as applicable, under subsection (b) is entitled— (A) to advance notice of the action or removal; (B) to access a file containing all evidence in support of the proposed action or removal; (C) to be represented by an attorney or other representative of the covered individual’s choice; and (D) to grieve the decision on the action or removal under paragraph (2) in accordance with the internal grievance process established by the Secretary under paragraph (3). (2) Notice; response; decision (A) Aggregate period The aggregate period for notice, response, and a final decision on an action under subsection (b) may not exceed 15 business days. (B) Response A covered individual receiving a notice under paragraph (1)(A) of an action or removal under subsection (b) shall have not more than 7 business days to respond to the notice. (C) Final and conclusive decision (i) In general The Secretary shall issue a final and conclusive decision on an action or removal under subsection (b) not later than 15 business days after the date on which the notice of the action is received by the applicable covered individual under paragraph (1)(A). (ii) Requirements A decision under clause (i)— (I) shall be in writing; and (II) shall include the specific reasons for the decision. (3) Grievance process (A) In general The Secretary shall establish an internal grievance process under which a covered individual may grieve a decision issued under paragraph (2) not later than the date that is 7 business days after the date on which the decision under that paragraph was issued. (B) Total period The Secretary shall issue a decision for which an internal grievance process is initiated under subparagraph (A) not later than 21 business days after the date on which the grievance process is initiated by the covered individual. (C) Final and conclusive decision A grievance decision under this paragraph shall be final and conclusive. (4) Procedures superseding CBAs The procedures under this subsection shall supersede any collective bargaining agreement to the extent that such an agreement is inconsistent with the procedures. (5) Performance appraisal The procedures under chapter 43 of title 5, United States Code, shall not apply to an action under subsection (b). (6) Appeal to merit systems protection board (A) In general Subject to subparagraph (B) and subsection (e), any removal, demotion, or suspension of more than 14 days under subsection (b) may be appealed to the Merit Systems Protection Board, which shall refer such appeal to an administrative law judge pursuant to section 7701(b)(1) of title 5, United States Code. (B) Time period An appeal under subparagraph (A) of a removal, demotion, or suspension may only be made if the appeal is made not later than 10 business days after the date of the removal, demotion, or suspension. (e) Expedited review (1) In general On receipt of an appeal under subsection (d)(6)(A), the applicable administrative law judge shall— (A) expedite the appeal under section 7701(b)(1) of title 5, United States Code; and (B) issue a final and complete decision on the appeal not later than 180 days after the date of the appeal. (2) Upholding decision (A) In general Notwithstanding section 7701(c)(1)(B) of title 5, United States Code, the administrative law judge shall uphold the decision of the Secretary to remove, demote, or suspend an employee under subsection (b) if the decision is supported by substantial evidence. (B) Prohibition of mitigation Notwithstanding title 5, United States Code, or any other provision of law, if the decision of the Secretary to remove, demote, or suspend an employee under subsection (b) is supported by substantial evidence, the administrative law judge shall not mitigate the penalty prescribed by the Secretary. (3) Appeal to merit systems protection board (A) In general The decision of the administrative law judge under paragraph (1) may be appealed to the Merit Systems Protection Board. (B) Upholding decision Notwithstanding section 7701(c)(1)(B) of title 5, United States Code, the Merit Systems Protection Board shall uphold the decision of the Secretary to remove, demote, or suspend an employee under subsection (b) if the decision is supported by substantial evidence. (C) Prohibition of mitigation Notwithstanding title 5, United States Code, or any other provision of law, if the decision of the Secretary is supported by substantial evidence, the Merit Systems Protection Board shall not mitigate the penalty prescribed by the Secretary. (4) Report In any case in which an administrative law judge cannot issue a final and complete decision by the deadline described in paragraph (1)(B), the Merit Systems Protection Board shall, not later than 14 business days after the deadline expires, submit to the appropriate committees of Congress a report that explains the reasons why a decision was not issued by the deadline. (5) Appeal A decision of the Merit Systems Protection Board under paragraph (3) may be appealed to the United States Court of Appeals for the Federal Circuit pursuant to section 7703 of title 5, United States Code, or to any court of appeals of competent jurisdiction pursuant to subsection (b)(1)(B) of that section. (6) Prohibition against stays The Merit Systems Protection Board may not stay any removal or demotion under subsection (b), except as provided in section 1214(b) of title 5, United States Code. (7) Restriction on pay and benefits during appeal (A) In general (i) Restriction on pay and benefits During the period described in clause (ii), a covered individual may not receive any pay and benefits described in subparagraph (B). (ii) Period described The period referred to in clause (i) is the period— (I) beginning on the date on which a covered individual appeals under this section a removal from the civil service under subsection (b)(2)(A); and (II) ending on the later of— (aa) the date on which the Merit Systems Protection Board issues a final decision on the appeal under paragraph (3); and (bb) the date on which the United States Court of Appeals for the Federal Circuit issues a final decision on the appeal under paragraph (5). (B) Pay and benefits described The pay and benefits referred to in subparagraph (A)(i) are any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits related to the employment of the individual by the Service. (8) Information to expedite appeal To the maximum extent practicable, the Secretary shall provide to the Merit Systems Protection Board such information and assistance as may be necessary to ensure an appeal under this subsection is expedited. (9) Backpay If an employee prevails on appeal under this section, the employee shall be entitled to backpay (as provided in section 5596 of title 5, United States Code). (10) Applicable timelines and procedures If an employee who is subject to a collective bargaining agreement chooses to grieve an action taken under this section through a grievance procedure provided under the collective bargaining agreement, the timelines and procedures described in subsection (d) and this subsection shall apply. (f) Alleged prohibited personnel practice In the case of a covered individual seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel based on an alleged prohibited personnel practice described in section 2302(b) of title 5, United States Code, the Secretary may not remove, demote, or suspend the covered individual under subsection (b) without the approval of the Special Counsel under section 1214(f) of title 5, United States Code. (g) Termination of investigations by Office of Special Counsel (1) In general Notwithstanding any other provision of law, the Special Counsel established by section 1211 of title 5, United States Code, may terminate an investigation of a prohibited personnel practice alleged by an employee or former employee of the Service after the Special Counsel provides to the employee or former employee a written statement of the reasons for the termination of the investigation. (2) Admissibility The statement described in paragraph (1) may not be admissible as evidence in any judicial or administrative proceeding without the consent of the employee or former employee described in paragraph (1). (h) Vacancies In the case of a covered individual who is removed or demoted under subsection (b), to the maximum extent practicable, the Secretary shall fill the vacancy arising as a result of the removal or demotion. . (b) Conforming amendments Section 4303(f) of title 5, United States Code, 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 , or ; and (3) by adding at the end the following: (5) any removal or demotion under section 607 of the Indian Health Care Improvement Act. . (c) Report Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services, as appropriate, shall submit to Congress a report that includes information on— (1) the number of employees of the Indian Health Service who were removed, demoted, or suspended during the 1-year period preceding the date of enactment of this Act; (2) the number of employees of the Indian Health Service who were removed, demoted, or suspended during the 1-year period beginning on the date of enactment of this Act pursuant to the amendments made by this section; and (3) the appropriate details of any such removals, demotions, and suspensions that lend necessary context. 107. Tribal culture and history Section 113 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616f ) is amended— (1) in subsection (a)— (A) by striking a program and inserting an annual mandatory training program ; and (B) by striking appropriate employees of the Service and inserting employees of the Service, locum tenens medical providers, healthcare volunteers, and other contracted employees who work at Service hospitals or other Service units and whose employment requires regular direct patient access ; and (2) by adding at the end the following: (c) Requirement To complete training program Notwithstanding any other provision of law, beginning on the date of enactment of the Restoring Accountability in the Indian Health Service Act of 2022 , each employee or provider described in subsection (a) who enters into a contract with the Service shall, as a condition of employment, annually participate in and complete the program established under subsection (a). . 108. Staffing demonstration program Title VIII of the Indian Health Care Improvement Act ( 25 U.S.C. 1671 et seq. ) is amended by adding at the end the following: 833. Staffing demonstration program (a) In general Not later than 1 year after the date of enactment of the Restoring Accountability in the Indian Health Service Act of 2022 , the Secretary, acting through the Service (referred to in this section as the Secretary ), shall establish a demonstration program (referred to in this section as the demonstration program ) under which the Service may provide Service units with additional staffing resources, with the goal that the resources become self-sustaining. (b) Selection In selecting Service units for participation in the demonstration program, the Secretary shall consider whether a Service unit services an Indian tribe that— (1) has utilized or contributed substantial Tribal funds to construct a health facility used by the Service or identified in the master plan for the Service unit; (2) is located in 1 or more States with Medicaid reimbursements plans or policies that will increase the likelihood that the staffing resources provided will be self-sustaining; and (3) is operating a health facility described in paragraph (1) under historical staffing ratios, as determined by the Secretary, that have not been equalized or updated by the Service or any other Service program to reflect current staffing needs. (c) Duration Staffing resources provided to a Service unit under the demonstration program shall be provided for a duration that the Secretary, in consultation with the applicable Indian tribe, determines appropriate, on the condition that each staffing position provided shall be for a period of not less than 3 fiscal years. (d) Effect of staffing awards No staffing resources provided under the demonstration program shall reduce the recurring base funding for staffing for any Indian tribe or Service unit. (e) Sunset The demonstration program established under subsection (a) shall terminate on the date that is 4 years after the date on which the demonstration program is established. (f) Report Not later than 1 year after the date on which the demonstration program terminates under subsection (e), the Secretary shall submit to the Committee on Indian Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives a report describing the demonstration program, including information on— (1) whether the staffing resources provided under the demonstration program resulted in additional revenue for the applicable Service unit sufficient to maintain the staff on a permanent basis; (2) the levels to which the staffing resources provided under the demonstration program reduced the unmet staffing need for the applicable Service unit; and (3) whether the demonstration program could be deployed permanently to reduce unmet staffing needs throughout the Service. . 109. Rule establishing Tribal consultation policy Title VIII of the Indian Health Care Improvement Act ( 25 U.S.C. 1671 et seq. ) (as amended by section 108) is amended by adding at the end the following: 834. Rule establishing Tribal consultation policy (a) In General Not later than December 31, 2023, the Secretary shall establish, and once every 5 years thereafter, the Secretary shall update, after meaningful consultation with representatives of affected Indian tribes, a rule establishing a Tribal consultation policy for the Service. (b) Contents of tribal consultation policy The policy established under the rule under subsection (a) shall— (1) update, and replace, the Tribal consultation policy established under Circular No. 2006–01 of the Service (or any successor policy); and (2) include— (A) a process for determining when and how the Service will notify Indian tribes of the availability of meaningful consultation; (B) a determination of which actions or agency decisions by the Service will trigger a requirement for meaningful consultation with Indian tribes; and (C) a determination of which actions constitute meaningful consultation with Indian tribes. . 110. Treatment of certain hospitals The Parallel Low-Volume Hospital Payment Adjustment Regarding Hospitals Operated by the Indian Health Services (IHS) or a Tribe provisions described in the final rule of the Centers for Medicare & Medicaid Services entitled Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Policy Changes and Fiscal Year 2018 Rates; Quality Reporting Requirements for Specific Providers; Medicare and Medicaid Electronic Health Record (EHR) Incentive Program Requirements for Eligible Hospitals, Critical Access Hospitals, and Eligible Professionals; Provider-Based Status of Indian Health Service and Tribal Facilities and Organizations; Costs Reporting and Provider Requirements; Agreement Termination Notices (82 Fed Reg. 37990; 38188–38189 (August 14, 2017)), shall apply with respect to discharges occurring in fiscal year 2011 and each fiscal year thereafter. 111. Enhancing quality of care in the Indian Health Service (a) IHCIA definitions In this section, the terms Area office , Indian tribe , Secretary , Service , Service unit , tribal organization , and Urban Indian organization have the meanings given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (b) Best practices for governing board and area office meetings (1) Definition of governing board In this subsection, the term governing board means the governing board of the facility of a Service unit. (2) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with Indian tribes, governing boards, Area offices, Service units, and other stakeholders, as determined appropriate by the Secretary, shall establish— (A) in accordance with paragraph (3)(A), best practices for governing boards; and (B) in accordance with paragraph (3)(B), best practices for Area offices. (3) Requirements (A) Governing board best practices The best practices for governing boards established under paragraph (2)(A) shall include provisions relating to— (i) adequately monitoring the delivery of care at the applicable facility managed by the governing board; (ii) ensuring ongoing facility compliance with Federal health care program requirements, including requirements of the Service and the Centers for Medicare & Medicaid Services; (iii) handling, documenting, and responding to patient complaints; (iv) documenting, addressing, and, if applicable, reporting instances of professional misconduct by facility staff in accordance with applicable Federal and State law; (v) improving facility performance and operations with respect to mandatory and voluntary quality initiatives carried out by the Service and the Centers for Medicare & Medicaid Services; and (vi) reporting requirements under Federal law, including with respect to— (I) the Government Performance and Results Act of 1993 ( Public Law 103–62 ; 107 Stat. 285), the GPRA Modernization Act of 2010 ( Public Law 111–352 ; 124 Stat. 3866), and the amendments made by those Acts; and (II) the applicable provisions of titles XVIII and XIX of the Social Security Act ( 42 U.S.C. 1395 et seq. , 1396 et seq.). (B) Area office best practices The best practices for Area offices established under paragraph (2)(B) shall include provisions relating to— (i) strategies for how to best monitor governing board activities relating to the oversight of— (I) delivery and quality of patient care; (II) documenting and responding to patient complaints and instances of professional misconduct; and (III) facility compliance with Federal health care program requirements, including requirements of the Service and the Centers for Medicare & Medicaid Services; and (ii) connecting governing boards, including the applicable facilities of those governing boards, to resources necessary for enhancing patient outcomes and improving facility performance, including through the use of technical assistance. (4) Publication The best practices established under paragraph (2) shall be— (A) reported to, in writing, as applicable, all governing boards and Area offices; and (B) incorporated into the Indian Health Manual of the Service. (c) Review of quality and performance measures (1) Review (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Agency for Healthcare Research and Quality, the National Quality Forum, Indian tribes, practitioners and administrators of the Service, and other qualified experts, as determined appropriate by the Secretary, shall undertake a review of the reported quality and performance measures of Service facilities conducted by the Secretary in accordance with— (i) section 306 of title 5, United States Code; (ii) section 1115(b) of title 31, United States Code; and (iii) any law (including regulations) used in any mandatory or voluntary program of the Centers for Medicare & Medicaid Services. (B) Report Not later than 6 months after the date on which the review required under subparagraph (A) is completed, the Secretary shall submit to Congress a report on the details and findings of that review, which shall include an assessment of— (i) the suitability of measures used as of the date of enactment of this Act for the applicable Service facility, taking into consideration the patient volume of the facility, the mix of patient cases at the facility, the geographic location of the facility, and medical professional shortage designations at the facility, as determined by the Secretary; and (ii) the extent to which the performance and quality measures are outcome-based or process-based measures. (2) Adoption Not later than 1 year after the date on which the report required under paragraph (1)(B) is submitted to Congress, the Service, in coordination with the Centers for Medicare & Medicaid Services, shall adopt, and assist Service facilities to adopt, to the extent practicable, more suitable, as compared to those quality and performance measures adopted prior to the submission of that report, quality and performance measures, including measures that are more outcome-based and process-based, in accordance with the factors described in paragraph (1)(B)(i). (3) GAO report Not later than 1 year after the date on which the report required under paragraph (1)(B) is submitted to Congress, the Comptroller General of the United States shall submit to Congress a report on challenges relating to quality measure and data collection in Service facilities, which shall include— (A) barriers to the adoption of relevant performance and quality measures in Service facilities; and (B) recommendations for how the Service, other Federal agencies, and stakeholders can assist Service facilities in adopting suitable quality and performance measures. (d) Compliance assistance program (1) Definitions In this subsection: (A) Administrator The term Administrator means the Administrator of the Centers for Medicare & Medicaid Services. (B) Eligible facility (i) In general The term eligible facility means a facility operated by the Service that— (I) is an underperforming hospital or outpatient facility; and (II) is eligible for payments under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (ii) Inclusion The term eligible facility includes a tribally operated facility, if that facility consents to participating in the program. (C) Program The term program means the compliance assistance program established under paragraph (2). (D) Tribally operated facility The term tribally operated facility means a facility operated by an Indian tribe, a tribal organization, or an Urban Indian organization that— (i) is an underperforming hospital or outpatient facility; and (ii) is eligible for payments under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (2) Establishment of program Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Administrator and quality improvement organizations having a contract with the Secretary under part B of title XI of the Social Security Act ( 42 U.S.C. 1320c et seq. ), shall establish a compliance assistance program for eligible facilities. (3) Methodology The Secretary shall establish a methodology for determining which eligible facilities shall participate in the program, which shall take into account the following factors: (A) The number and severity of facility deficiencies with respect to applicable requirements under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (B) The history of provider misconduct or patient harm at the facility. (C) Whether there is high staff turnover at the facility. (D) Whether the facility has low performance on program quality measures, relative to other facilities of the Service, in accordance with reported quality and performance measures conducted by the Secretary in accordance with— (i) section 306 of title 5, United States Code; (ii) section 1115(b) of title 31, United States Code; and (iii) any law (including regulations) used in any mandatory or voluntary program of the Centers for Medicare & Medicaid Services. (4) Selection of facilities (A) In general The Secretary, in coordination with the Administrator, shall select not less than 25 percent of the eligible facilities to participate in the program using the methodology established under paragraph (3). (B) Participation (i) In general An eligible facility selected to participate in the program under subparagraph (A) shall be required to participate in the program. (ii) Requirement The Secretary shall ensure that, at all times during the period beginning on the date of establishment of the program and the date on which the program terminates under paragraph (8), not less than 25 percent of eligible facilities are participating in the program. (C) Term of participation (i) In general Subject to clause (ii), an eligible facility selected to participate in the program under subparagraph (A) shall participate in the program for a period of 2 years. (ii) Waiver If the Secretary, in coordination with the Administrator, certifies that an eligible facility participating in the program has improved on its performance to a satisfactory level, as determined by the Secretary, then the eligible facility does not have to participate in the program for the full 2-year period. (D) Participation limit An eligible facility may participate in the program for more than 1 2-year period. (5) Program components The program shall provide on-site consultation and educational programming for eligible facilities to ensure those eligible facilities are— (A) meeting Federal requirements of the Service and any conditions of participation applicable under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ); and (B) satisfactorily implementing any quality initiatives and programs established by the Service or the Centers for Medicare & Medicaid Services. (6) Enforcement or noncompliance actions (A) In general The program shall be conducted independently of any enforcement actions under the Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ) or noncompliance actions taken by the Administrator with respect to noncompliance with conditions of participation applicable under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), unless, while carrying out the program, the Secretary or the Administrator, as applicable, encounters a triggering event, as determined by the Secretary or the Administrator, as applicable, that would necessitate an enforcement action or noncompliance action. (B) Triggering event encountered If a triggering event is encountered by the Secretary or Administrator under subparagraph (A), the eligible facility shall continue to participate in the program so long as the facility— (i) remains eligible for payments under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ); and (ii) continues to meet all of the conditions and requirements for such payments which are applicable under such title. (7) Implementation The Secretary shall carry out the program in coordination with quality improvement organizations having a contract with the Secretary under part B of title XI of the Social Security Act ( 42 U.S.C. 1320c et seq. ). (8) Sunset The program shall terminate 6 years after the date on which the program is established. (9) Report Not later than 1 year after the date on which the program terminates under paragraph (8), the Comptroller General of the United States shall submit to Congress a report evaluating the effectiveness of the program, which shall include, to the extent practicable— (A) detailed data on changes in the patient experience at eligible facilities that participated in the program; (B) a description of the compliance status of eligible facilities that participated in the program with requirements of the Service and any conditions of participation applicable under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ); and (C) a description of the progress by eligible facilities that participated in the program in meeting the goals of quality improvement activities of the Department of Health and Human Services. 112. Notification of investigation regarding professional conduct; submission of records Title VIII of the Indian Health Care Improvement Act ( 25 U.S.C. 1671 et seq. ) (as amended by section 109) is amended by adding at the end the following: 835. Notification of investigation regarding professional conduct; submission of records (a) Report Not later than 14 calendar days after the date on which the Service undertakes an investigation into the professional conduct of a licensee of a State, the Secretary, acting through the Service, shall notify the relevant State medical board of the investigation. (b) Submission of records Not later than 14 calendar days after the date on which the Service generates records relating to an investigation conducted by the Service into the professional conduct of a licensee of a State, the Secretary, acting through the Service, shall provide the records to the relevant State medical board. . 113. Medical chaperones; Office of Patient Advocacy (a) Medical chaperones Title II of the Indian Health Care Improvement Act is amended by inserting after section 223 ( 25 U.S.C. 1621v ) the following: 224. Medical chaperones (a) Indian Health Service (1) In general The Secretary, acting through the Service, shall, at the request of a patient of the Service, provide to the patient a medical chaperone, to be present during any medical examination of the patient provided by or through the Service. (2) Requirements The Secretary, acting through the Service, shall— (A) notify patients of the Service of the right to have a medical chaperone present during a medical examination provided by or through the Service; and (B) ensure that the right described in subparagraph (A) is provided to each patient in each Service unit. (b) Other providers of services An Indian tribe, tribal organization, or any other Indian health program may use amounts made available under this Act to provide, at the request of a patient to whom the Indian tribe, tribal organization, or Indian health program is providing health care services, a medical chaperone to the patient, to be present during any medical examination of the patient provided by the Indian tribe or tribal organization. . (b) Indian Health Service Office of Patient Advocacy Title VI of the Indian Health Care Improvement Act ( 25 U.S.C. 1661 et seq. ) (as amended by section 106) is amended by adding at the end the following: 608. Office of Patient Advocacy (a) Definitions In this section: (1) Director The term Director means the Director of the Office. (2) Office The term Office means the Office of Patient Advocacy established by subsection (b). (b) Establishment There is established within the Department an office, to be known as the Office of Patient Advocacy . (c) Director The Office shall be headed by a Director, who shall— (1) be appointed by the Secretary from among individuals qualified to perform the duties of the position; and (2) report directly to the Secretary. (d) Duties (1) In general The Office shall carry out a patient advocacy program of the Service, under which the Office shall— (A) employ patient advocates to advocate on behalf of Indians with respect to health care services sought or received through the Service; (B) provide to those patient advocates training to ensure the advocates carry out the responsibilities described in paragraph (2); and (C) in as many prominent locations as the Director determines to be appropriate to be seen by the largest percentage of patients and family members of patients at each Service unit, display— (i) the purposes of the patient advocacy program; (ii) the contact information for a patient advocate employed at the Service unit; and (iii) a description of the rights and responsibilities of patients and family members of patients at the Service unit. (2) Patient advocate responsibilities The responsibilities of a patient advocate employed by the Office shall include the following: (A) Resolving any complaints by Indian patients with respect to health care services provided by or through the Service that cannot be resolved at— (i) the point of service; or (ii) a higher level easily accessible to the patient. (B) Expressing to Indians their rights and responsibilities as patients in receiving health care services through the Service. (C) Presenting at various meetings, and to various committees, a description of any issues experienced by Indians in receiving health care services through the Service. (D) Managing a patient advocate tracking system, if applicable. (E) Compiling data relating to any complaints made to the advocate by Indians with respect to the receipt of health care services through the Service, and the satisfaction of Indians with those services, to determine whether there exist any trends in those data. (F) Ensuring that a process exists for the distribution of data compiled under subparagraph (E) to Indian health programs, appropriate leaders, committees, and service providers, and staff of the Service. (G) Identifying, not less frequently than quarterly, opportunities for improvement in the provision of health care services to Indians by or through the Service, including based on complaints by Indian patients or immediate family members. (H) Ensuring that any significant complaint by an Indian patient or family member with respect to health care provided by or through the Service is brought to the attention of appropriate staff of the Service or Indian health program for the purpose of assessing whether further analysis of the problem is required at the Service, Service area, Service unit, or Indian health program level. (I) Supporting any other patient advocacy programs carried out by the Department. (J) Ensuring that all appeals and final decisions with respect to the receipt of health care services through the Service are entered into a patient advocate tracking system of the Office, if applicable. (K) Understanding all laws, directives, and other rules relating to the rights and responsibilities of Indians in receiving health care services through the Service, including the appeals processes available to Indian patients and immediate family members. (L) Ensuring that Indians receiving behavioral health services under title VII (and any surrogate decisionmakers for such Indians) are aware of the right of Indians— (i) to seek representation from systems established under section 103 of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 ( 42 U.S.C. 10803 ); (ii) to protect and advocate for the rights of Indians experiencing behavioral health issues; and (iii) to investigate incidents of abuse and neglect of Indians experiencing behavioral health issues. (M) Achieving compliance with any applicable requirements established by the Secretary with respect to the inspection of controlled substances (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )). (N) Documenting potentially threatening behavior and reporting that behavior to the appropriate authorities. (3) Training The Director shall ensure that the training provided to patient advocates under paragraph (1)(B) is consistent throughout the Office, including with respect to any mandatory training or certification standards approved by the Director. . 114. Fitness of health care providers (a) In general Title VIII of the Indian Health Care Improvement Act is amended by inserting after section 802 ( 25 U.S.C. 1672 ) the following: 803. Fitness of health care providers (a) Additional requirements for hiring of health care providers by Service As part of the hiring process for each health care provider position at the Service after the date of enactment of the Restoring Accountability in the Indian Health Service Act of 2022 , the Director shall require from the medical board of each State in which the health care provider has or had a medical license— (1) information on any violation of the requirements of the medical license of the health care provider during the 20-year period ending on the date on which the health care provider is being considered for a position at the Service; and (2) information on whether the health care provider has entered into any settlement agreement for a disciplinary charge relating to the practice of medicine by the health care provider. (b) Provision of information on Service health care providers to State medical boards Notwithstanding section 552a of title 5, United States Code, with respect to each health care provider of the Service who has violated a requirement of the medical license of the health care provider, the Director shall provide to the medical board of each State in which the health care provider is licensed detailed information with respect to the violation, regardless of whether the medical board has formally requested that information. . (b) Report on compliance by Indian Health Service with reviews of health care providers leaving Service or transferring to other facilities Not later than 180 days after the date of enactment of this Act, the Director of the Indian Health Service shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report on the compliance by the Indian Health Service with the policy of the Indian Health Service— (1) to conduct a review of each health care provider of the Indian Health Service who transfers to another medical facility of the Indian Health Service, resigns, retires, or is terminated to determine whether there are any concerns, complaints, or allegations of violations relating to the medical practice of the health care provider; and (2) to take appropriate action with respect to any concern, complaint, or allegation described in paragraph (1). 115. Standards to improve timeliness of care Title IV of the Indian Health Care Improvement Act ( 25 U.S.C. 1641 et seq. ) is amended by adding at the end the following: 412. Standards to improve timeliness of care (a) Regulations (1) In general Not later than 180 days after the date of enactment of the Restoring Accountability in the Indian Health Service Act of 2022 , the Secretary, acting through the Service, shall— (A) establish, by regulation, standards to measure the timeliness of the provision of health care services in Service facilities; and (B) provide such standards to each Service unit. (2) Data collection The Secretary, acting through the Service, shall develop a process for each Service unit to submit to the Secretary data with respect to the standards established under paragraph (1)(A). (b) Annual reports (1) In general Not later than 1 year after the date of enactment of the Restoring Accountability in the Indian Health Service Act of 2022 , and annually thereafter, each Area office shall submit to the Secretary a report on the metrics reported by Service units relating to the timeliness of the provision of health care services in Service facilities within each Service unit. (2) Publication The Secretary shall make each report received under paragraph (1) publicly available on the website of the Service. . II Employee protections 201. Employee protections against retaliation (a) In general Title VI of the Indian Health Care Improvement Act ( 25 U.S.C. 1661 et seq. ) (as amended by section 113(b)) is amended by adding at the end the following: 609. Employee protections against retaliation (a) Definitions In this section: (1) Information The term information means information— (A) the disclosure of which is not specifically prohibited by law; and (B) that is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. (2) Retaliation The term retaliation , with respect to a whistleblower, means— (A) an adverse employment action against the whistleblower; (B) a significantly adverse action against the whistleblower, such as the refusal or delay of care provided through the Service; and (C) an adverse action described in subparagraph (A) or (B) against a family member or friend of the whistleblower. (3) Whistleblower The term whistleblower means an employee of the Service who discloses information that the employee reasonably believes evidences— (A) a violation of any law, rule, regulation, or Service policy; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (b) Employee accountability (1) Designated official The Secretary shall designate an official in the Department who is not an employee of the Service to receive reports under paragraph (2). (2) Mandatory reporting An employee of the Service who witnesses retaliation against a whistleblower, a violation of a patient safety requirement, or other similar conduct shall submit to the official designated under paragraph (1) a report of the conduct. (3) Oversight Not later than 3 days after the date on which the official designated under paragraph (1) receives a report under paragraph (2), the Secretary shall— (A) formally review the report; and (B) provide a copy of the report and any other relevant information to the Inspector General of the Department. (4) Removal for whistleblower retaliation (A) In general The Secretary may remove for misconduct from the civil service (as defined in section 2101 of title 5, United States Code), in accordance with section 606 or 607, as applicable, an employee of the Service if the Secretary determines, after completing a review described in paragraph (3), that the employee has retaliated against a whistleblower and warrants removal for misconduct. (B) Retaliation as misconduct Retaliation by an employee against a whistleblower, as described in subparagraph (A), shall be considered to be misconduct for purposes of sections 606 and 607. (5) Enhancing protections for whistleblowers The Secretary shall carry out any actions determined necessary by the Secretary to enhance protection for whistleblowers, including identifying appropriate Service employees and requiring the employees to complete the Office of Special Counsel's Whistleblower Certification Program. . 202. Right of Federal employees to petition Congress (a) Adverse action for violation of right to petition Congress Section 7211 of title 5, United States Code, is amended— (1) by striking The right of and inserting the following: (a) In general The right of ; and (2) by adding at the end the following: (b) Adverse action An employee who interferes with or denies a right protected under subsection (a) shall be subject to any adverse action described in paragraphs (1) through (5) of section 7512, in accordance with the procedure described in section 7513 and any other applicable procedure. . (b) Electronic notification of right of employees of Indian Health Service (1) In general The Secretary of Health and Human Services, acting through the Director of the Indian Health Service (referred to in this subsection as the Secretary ), shall provide, in accordance with paragraphs (2) through (5), to each employee of the Indian Health Service notice of the right to petition Congress under section 7211 of title 5, United States Code. (2) Memorandum Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to the Inspector General of the Department of Health and Human Services (referred to in this subsection as the Inspector General ) a memorandum that includes the following statement: It is a violation of section 7211 of title 5, United States Code, for any Federal agency or employee to require a Federal employee to seek approval, guidance, or any other form of input prior to contacting Congress with information, even if that information is in relation to the job responsibilities of the employee. A Federal employee found to have interfered with or denied the right of another Federal employee under such section shall be subject to an adverse action described in any of paragraphs (1) through (5) of section 7512 of title 5, United States Code, including a suspension for more than 14 days without pay. . (3) Approval or disapproval (A) In general Not later than 30 days after the date on which the memorandum is submitted under paragraph (2), the Inspector General shall approve or disapprove the memorandum. (B) Disapproval If the Inspector General disapproves the memorandum, the Inspector General shall advise the Secretary on what changes to the memorandum are necessary for approval. (4) Notice If the memorandum is approved under paragraph (3), not later than 30 days after the date of the approval, the Secretary shall— (A) provide to each employee of the Indian Health Service an electronic copy of the approved memorandum; and (B) post the memorandum in a clear and conspicuous place on the website of the Indian Health Service. (5) Revised memorandum (A) In general If the memorandum is disapproved under paragraph (3), not later than 15 days after the date of disapproval, the Secretary shall submit to the Inspector General a revised memorandum that incorporates the changes advised under subparagraph (B) of that paragraph. (B) Approval or disapproval Not later than 30 days after the date on which the revised memorandum is submitted under subparagraph (A), the Inspector General shall approve the revised memorandum. (C) Notice Not later than 30 days after the date on which a revised memorandum is approved under this paragraph, the Secretary shall provide notice of the memorandum in accordance with paragraph (4). 203. Fiscal accountability Title VI of the Indian Health Care Improvement Act ( 25 U.S.C. 1661 et seq. ) (as amended by section 201) is amended by adding at the end the following: 610. Fiscal accountability (a) Management of funds (1) In general If the Secretary fails to submit a professional housing plan under section 302(a) of the Restoring Accountability in the Indian Health Service Act of 2022 or a staffing plan under section 302(b) of that Act by the applicable deadline, the Secretary may not receive, obligate, transfer, or expend any amounts for a salary increase or bonus of an individual described in paragraph (2) until the professional housing plan or staffing plan, as applicable, is submitted. (2) Individual described An individual referred to in paragraph (1) is an individual employed in the Service— (A) in a position that is— (i) described in any of sections 5312 through 5316 of title 5, United States Code; (ii) placed in level IV or V of the Executive Schedule under section 5317 of title 5, United States Code; or (iii) described in section 213.3301 or 213.3302 of title 5, Code of Federal Regulations (or a successor regulation); or (B) as a limited term appointee, limited emergency appointee, or noncareer appointee (as those terms are defined in section 3132(a) of title 5, United States Code). (b) Prioritization of patient care (1) In general Notwithstanding any other provision of law, the Secretary shall use amounts available to the Service that are not obligated or expended, including base budget funding and third party collections, during the fiscal year for which the amounts are made available, and that remain available, only to support patient care by using the funds for the costs of— (A) essential medical equipment; (B) purchased or referred care; or (C) staffing. (2) Special rule In using amounts under paragraph (1), the Secretary shall ensure that, in any case where the amounts were originally made available for a particular Service unit, the amounts are used to benefit Indians served by that Service unit. (3) HHS plan Each applicable fiscal year, the Secretary, in consultation with Indian tribes, shall establish a plan for distributing the amounts described in paragraph (1) across the categories of uses described in subparagraphs (A) through (C) of that paragraph. (4) Restrictions The Secretary may not use amounts described in paragraph (1)— (A) to remodel or interior decorate any Area office; or (B) to increase the rate of pay of any employee of an Area office. (c) Spending reports Not later than 90 days after the end of each fiscal year, the Secretary shall submit a report describing the authorizations, expenditures, outlays, transfers, reprogramming, and obligations of each level of the Service, including the headquarters, each Area office, each Service unit, and each health clinic or facility, to— (1) each Indian tribe; (2) in the Senate— (A) the Committee on Indian Affairs; (B) the Committee on Health, Education, Labor, and Pensions; (C) the Committee on Appropriations; and (D) the Committee on the Budget; and (3) in the House of Representatives— (A) the Committee on Natural Resources; (B) the Committee on Energy and Commerce; (C) the Committee on Appropriations; and (D) the Committee on the Budget. (d) Status reports (1) In general Subject to paragraph (2), not later than 180 days after the end of each fiscal year, the Secretary shall provide to each entity described in paragraphs (1) through (3) of subsection (c) a report describing the safety, billing, certification, credential, and compliance statuses of each facility managed, operated, or otherwise supported by the Service. (2) Updates With respect to any change of a status described in paragraph (1), the Secretary shall immediately provide to each entity described in paragraphs (1) through (3) of subsection (c) an update describing the change. (e) Effect Nothing in this section— (1) negatively impacts the right of an Indian tribe to enter into a compact or contract under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ); or (2) applies to such a compact or contract unless expressly agreed to by the Indian tribe. . III Reports 301. Definitions In this title: (1) Secretary The term Secretary means the Secretary of Health and Human Services. (2) Service The term Service means the Indian Health Service. (3) Service unit The term Service unit has the meaning given the term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (4) Tribal health program The term tribal health program has the meaning given the term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). 302. Reports by the Secretary of Health and Human Services (a) IHS professional housing plan (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall develop, make publicly available, and submit to Congress and the Comptroller General of the United States a written plan to address the professional housing needs of employees of the Service and employees of tribal health programs that comports with the practices and recommendations of the Government Accountability Office relating to professional housing included in the most recent report of the Government Accountability Office regarding Indian Health Service housing needs. (2) Requirement The plan under paragraph (1) shall include, at a minimum, projections for the professional housing needs for— (A) the 1-year period following the date of the plan; (B) the 5-year period following the date of the plan; and (C) the 10-year period following the date of the plan. (b) Plan relating to IHS staffing needs (1) In general Not later than 1 year after the date on which the Government Accountability Office releases the report described in subsection (a), the Secretary shall develop, make publicly available, and submit to Congress and the Comptroller General of the United States a written plan to address the staffing needs of the Service and tribal health programs that comports with the practices and recommendations of the Government Accountability Office relating to workforce planning included in the report. (2) Requirement The plan under paragraph (1) shall include, at a minimum, projections for the staffing needs for— (A) the 1-year period following the date of the plan; (B) the 5-year period following the date of the plan; and (C) the 10-year period following the date of the plan. 303. Reports by the Comptroller General (a) IHS housing needs report Not later than 2 years after the date on which the Comptroller General of the United States receives the professional housing plan under section 302(a), the Comptroller General shall develop and submit to Congress a report that includes— (1) an assessment of the professional housing plan; (2) an evaluation of any existing, as of the date of the report, assessments and projections for the professional housing needs of employees of the Service and employees of tribal health programs, including a discussion and conclusions as to whether the existing assessments and projections accurately reflect the professional housing needs of employees of the Service and employees of tribal health programs; and (3) an assessment of the professional housing needs of— (A) employees of the Service for each Service area (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )); and (B) employees of tribal health programs for each Indian tribe, as applicable. (b) IHS staffing needs report (1) In general Not later than 2 years after the date on which the Comptroller General receives the plan relating to IHS staffing needs under section 302(b), the Comptroller General shall prepare and submit to Congress a report on the staffing needs of the Service and tribal health programs. (2) Contents The report under paragraph (1) shall include— (A) an assessment of the staffing plan referred to in paragraph (1); (B) a description of— (i) the number and type of full-time positions needed at each facility of the Service and at each tribal health program; and (ii) the amount of funds necessary to maintain those positions; (C) an explanation of the various methodologies that the Service uses and has previously used to determine the number and type of full-time positions needed at federally managed Service units; and (D) an assessment of the use of independent contractors, including— (i) the number of independent contractors hired to fill vacant full-time positions; and (ii) the amount of funds spent on independent contractors who provide health care services. (c) Whistleblower protections report (1) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall develop and submit to Congress a report on the efficacy of existing protections for whistleblowers in the Service, including the protections implemented pursuant to sections 201 and 202 and the amendments made by those sections. (2) Contents The report under paragraph (1) shall include— (A) a discussion and conclusions as to whether the Service has taken proper steps to prevent retaliation against whistleblowers; (B) if applicable, any recommendations for changes to the policy of the Service with respect to whistleblowers; and (C) a discussion and conclusions as to whether the official email accounts of employees of the Service are appropriately monitored. 304. Inspector General reports (a) Patient care reports (1) In general Not later than 2 years after the date of enactment of this Act, and not less frequently than every 3 years thereafter, the Inspector General of the Department of Health and Human Services shall develop and submit to Congress and the Service a report on— (A) patient harm events and patient deaths occurring in Service units; (B) deferrals and denials of care of patients of the Service; and (C) the standards to improve the timeliness of care, developed in accordance with section 412 of the Indian Health Care Improvement Act (as added by section 115), and quality of care at Service facilities, including quality and performance measures developed by the Secretary in accordance with— (i) section 306 of title 5, United States Code; (ii) section 1115(b) of title 31, United States Code; and (iii) any law (including regulations) used in any mandatory or voluntary program of the Centers for Medicare & Medicaid Services. (2) Contents The report under paragraph (1) shall include— (A) an evaluation of the number and kind of events that contribute to patient deaths in a Service unit and recommendations regarding reducing the number of patient deaths; (B) an evaluation of how the Service tracks, reports, and responds to patient harm events and patient deaths and recommendations regarding how to improve the tracking, reporting, and response; and (C) the effects of deferrals and denials of care on patients of the Service, including patient outcomes, and recommendations regarding how to reduce deferrals and denials of care. (b) Reporting systems audit Not later than 2 years after the date of enactment of this Act, the Inspector General of the Department of Health and Human Services shall— (1) conduct an audit of reporting systems of the Service, as of the date of enactment of this Act; and (2) provide to the Service recommendations and technical assistance regarding implementation of improved reporting systems, procedures, standards, and protocols. 305. Transparency in CMS surveys Section 1880 of the Social Security Act ( 42 U.S.C. 1395qq ) is amended by adding at the end the following: (g) (1) Not less frequently than once every 2 years, the Administrator of the Centers for Medicare & Medicaid Services shall conduct surveys of participating Indian Health Service facilities to assess the compliance of each hospital or skilled nursing facility of the Indian Health Service with— (A) section 1867; and (B) conditions of participation in the program under this title. (2) Each survey completed under this subsection shall be posted on the Internet website of the Centers for Medicare & Medicaid Services. Such posting shall comply with the Federal regulations concerning the privacy of individually identifiable health information promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. . IV Technical amendments 401. Technical amendments (a) Definitions Section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ) is amended— (1) in paragraph (5), by striking the paragraph designation and heading and all that follows through means and inserting the following: (5) Purchased/referred care The term purchased/referred care means ; and (2) by redesignating paragraph (5) and paragraphs (6) through (15) as paragraph (15) and paragraphs (5) through (14), respectively, and moving the paragraphs so as to appear in numerical order. (b) Technical amendments The Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ) is amended— (1) by striking contract health service each place it appears (regardless of casing and typeface and including in the headings) and inserting purchased/referred care (with appropriate casing and typeface); and (2) by striking contract health services each place it appears (regardless of casing and typeface and including in the headings) and inserting purchased/referred care (with appropriate casing and typeface). | https://www.govinfo.gov/content/pkg/BILLS-117s4915is/xml/BILLS-117s4915is.xml |
117-s-4916 | II 117th CONGRESS 2d Session S. 4916 IN THE SENATE OF THE UNITED STATES September 21, 2022 Mr. Leahy introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reauthorize the Runaway and Homeless Youth Act, and for other purposes.
1. Short title This Act may be cited as the Runaway and Homeless Youth and Trafficking Prevention Act of 2022 . 2. Findings Section 302 of the Runaway and Homeless Youth Act ( 34 U.S.C. 11201 ) is amended to read as follows: 302. Findings The Congress finds that— (1) youth who have become homeless or who leave and remain away from home without parental permission are at risk of developing, and have a disproportionate share of, trauma, substance use disorders, and serious health, behavioral, social, and emotional challenges because they lack sufficient resources to obtain care and may live on the street for extended periods of time, thereby endangering themselves; (2) many such young people, because of their age and situation, are urgently in need of temporary shelter and services, including services that consider their age, gender, and social and developmental needs, are culturally and linguistically appropriate, and acknowledge the environment of youth seeking these services; (3) research has documented the fluid experiences of homelessness of youth, where many youth experience 2 or more different types of homelessness, including couch surfing, living in motels, and staying on the streets; (4) research has documented that persons who are members of historically marginalized and underserved communities of color, LGBTQ youth, youth who do not complete high school or achieve a high school equivalency, youth involved in the child welfare system, youth who have been involved with the criminal justice system, and pregnant and parenting youth are most likely to experience homelessness in the United States while unaccompanied by a parent or adult; (5) services to such young people should be developed and provided using a positive youth development approach that ensures a young person a sense of— (A) safety and structure; (B) belonging and membership; (C) self-worth, empowerment, voice, and choice; (D) independence and control over one’s life; and (E) closeness in interpersonal relationships; (6) in view of the interstate nature of the problem, it is the responsibility of the Federal Government to develop an accurate national reporting system to report the prevalence of youth homelessness, and to assist in the development of an effective system of care (including prevention services and aftercare services, short-term housing with services, extended housing with supportive services, and street outreach services) outside the welfare system and the law enforcement system, in collaboration with public assistance systems, the education system, and the child welfare system; (7) to make a successful transition to adulthood, youth who run away, youth experiencing homelessness, and youth living in the street need a safe and stable place to live, connections to caring adults, and opportunities to complete high school or earn a general equivalency degree, learn job skills, and obtain employment; (8) improved coordination and collaboration at the Federal level between programs that serve runaway and homeless youth are necessary for the development of a long-term strategy for responding to the needs of this population; (9) runaway and homeless youth are at a high risk of substance use disorders and becoming victims of sexual exploitation and trafficking; (10) since research has shown that the prevalence of homelessness among youth is similar in rural and urban communities, runaway and homeless youth programs, such as those funded under this title, are integral services that every community should provide, regardless of the size of the community; and (11) runaway and homeless youth programs, such as those funded under this title, are expert adolescent service providers and integral community partners for the child welfare and juvenile justice systems as many youth exit these systems to homelessness. . 3. Basic center grant program Part A of the Runaway and Homeless Youth Act ( 34 U.S.C. 11211 et seq. ) is amended— (1) in section 311, by striking subsection (a) and inserting the following: (a) Grants for centers and services (1) In general The Secretary shall— (A) not later than 90 days before the start date of the grant, award 5-year grants to public and nonprofit private entities, and combinations of such entities, to establish, operate, and maintain (including renovate) local centers to provide— (i) safe shelter and services for runaway and homeless youth, including trauma-informed and gender-responsive services; and (ii) if appropriate, services for the families of such youth, including individuals identified by such youth as family; and (B) establish an appeal process for grantees. (2) Services provided Services provided under paragraph (1)— (A) shall be provided to runaway youth, street youth, homeless youth, or youth at risk of separation from the family; (B) shall include— (i) safe and appropriate shelter for not more than 30 days or the maximum allowed by the State, whichever is greater; (ii) individual, family, or group counseling, as appropriate, including counseling for individuals identified by such youth as family, that considers the age, gender, and social and developmental needs of such youth, and is culturally and linguistically appropriate; and (iii) suicide prevention services; and (C) may include— (i) street-based services; (ii) home-based services for families with youth at risk of separation from the family, to the extent practicable, that consider the ages, genders, and social and developmental needs of the family, and are culturally and linguistically appropriate; (iii) prevention services; (iv) substance use disorder education and prevention services; (v) at the request of runaway youth or homeless youth, testing for sexually transmitted infections; (vi) trauma-informed and gender-responsive services, including for such youth who are victims of trafficking; and (vii) an assessment of— (I) family engagement in support and reunification, if reunification is appropriate; (II) interventions; and (III) services for parents or legal guardians of such youth or, if appropriate, individuals identified by such youth as family. ; (2) in section 312— (A) in subsection (b)— (i) by striking paragraph (2) and inserting the following: (2) shall use such assistance to establish, strengthen, or fund a runaway and homeless youth center that provides temporary shelter or a locally controlled project, including a host family home, that has— (A) a minimum capacity of not less than 4 youth, except if there is an established minimum number of beds per youth shelter or project location; (B) a maximum capacity of not more than 20 youth, except where the applicant demonstrates that the State where the center or locally controlled project is located has a State or local law or regulation that allows a higher maximum to comply with licensure requirements for child and youth serving centers or projects; (C) a ratio of staff to youth that is sufficient to ensure adequate supervision and treatment; and (D) if it is a mixed project, not more than 20 youth per project, except where the applicant demonstrates that the project has a State or local law or regulation that allows a higher maximum to comply with licensure requirements for child and youth serving projects; ; (ii) in paragraph (5), by striking or legal guardians and inserting , legal guardians, or individuals identified by such youth as family, if appropriate, ; (iii) by striking paragraphs (6), (7), and (8), and inserting the following: (6) shall develop an adequate plan, which may include the use of online resources to reach and engage youth, for establishing or coordinating with outreach programs designed to attract persons, including persons who are members of underserved populations, who are eligible to receive services for which a grant under section 311(a) may be expended; (7) shall keep adequate statistical records profiling the runaway youth or homeless youth and family members of such youth whom the applicant serves, including demographic information and the number of such youth who— (A) are not referred to out-of-home shelter services; (B) are members of vulnerable or underserved populations; (C) are victims of trafficking; (D) are pregnant or parenting; (E) have been involved in the child welfare system; and (F) have been involved in the juvenile justice system; (8) shall ensure that— (A) the information maintained on individual runaway youth or homeless youth contained in the records described in paragraph (7) shall not be disclosed without the consent of the individual youth and the parent of the youth, the legal guardian of the youth, or an individual identified by such youth as family, to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against such youth; and (B) reports or other documents based on the statistics described in paragraph (7) shall not disclose the identity of any individual runaway youth or homeless youth; ; (iv) in paragraph (12), by striking subparagraphs (B) and (C) and inserting the following: (B) detailed information on how the applicant has been able to meet the goals of the plan of the applicant; and (C) statistical summaries describing— (i) the data the Secretary requires to be collected; (ii) the number and characteristics of runaway youth, homeless youth, street youth, and youth at risk of separation from family, who participate in the project, including information on such youth who— (I) are victims of trafficking; (II) are pregnant or parenting; (III) have been involved in the child welfare system; or (IV) have been involved with the criminal justice system; and (iii) the services provided to such youth by the project; ; (v) in paragraph (13), by striking the period at the end and inserting for natural disasters, inclement weather, and public health emergencies; ; and (vi) by adding at the end the following: (14) shall provide services to runaway youth and homeless youth that consider the age, gender, and social and developmental needs of such youth, and are culturally and linguistically appropriate, to the extent practicable; and (15) shall inform youth of their status as independent students under section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv ), provide verification of such status for the purposes of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ), and assist youth in completing this application at the request of the youth. ; (B) in subsection (c)— (i) in paragraph (3), by striking and after the semicolon; (ii) in paragraph (4), by striking the period at the end and inserting ; and ; and (iii) by adding at end the following: (5) develop a plan, consistent with local needs, for the use of online resources, if appropriate, to reach and engage youth. ; (C) in subsection (d)— (i) by striking paragraph (1) and inserting the following: (1) provide counseling and information that consider the age, gender, and social and developmental needs of such youth, and are culturally and linguistically appropriate, to the extent practicable, to youth and the families of such youth (including unrelated individuals in the family households of such youth and individuals identified by such youth as family), including services relating to basic life skills, interpersonal skill building, educational advancement, job attainment skills, mental and physical health care, suicide prevention, parenting skills, financial planning, and referral to sources of other needed services; ; (ii) in paragraph (4), by inserting , including training on trauma-informed care before the semicolon at the end; and (iii) in paragraph (5)— (I) in subparagraph (A), by striking and after the semicolon; (II) in subparagraph (B), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (C) youth are eligible for home-based services when determined by the applicant to be at risk of separation from family. ; (D) in subsection (e), by striking the subsection enumerator and all that follows through (b)— and inserting the following: (e) Applicants providing substance use disorder education and prevention services To be eligible to use assistance under section 311(a) to provide substance use disorder education and prevention services, an applicant shall include in the plan required by subsection (b)— ; and (E) by adding at the end the following: (f) Online resources for outreach An applicant may develop a plan, consistent with local needs, for the use of online resources to reach and engage youth. (g) Definition of underserved populations In this section, the term underserved populations means victims of homelessness or trafficking or runaway youth, who disproportionately face barriers in accessing and using victim services, including populations who are underserved due to limited English proficiency or are historically marginalized and underserved communities of color, and any other population determined to be underserved by the Secretary of Health and Human Services. ; and (3) in section 313, by striking subsection (b) and inserting the following: (b) Priority In selecting applications for grants under section 311(a), the Secretary shall give priority to eligible applicants who have demonstrated experience in providing services to runaway youth and homeless youth. . 4. Transitional Living Grant Program Part B of the Runaway and Homeless Youth Act ( 34 U.S.C. 11221 et seq. ) is amended— (1) in section 321— (A) by inserting 5-year after to make ; and (B) by inserting and runaway youth. The Secretary shall award such grants not later than 90 days before the start date of the grant and establish an appeal process for grantees after homeless youth ; and (2) in section 322— (A) in subsection (a)— (i) by striking paragraph (1) and inserting the following: (1) to provide to homeless youth, by grant, agreement, or contract— (A) shelter, such as group homes, maternity group homes, host family homes, and supervised apartments; and (B) services, such as information and counseling services in basic life skills, which consider the age, gender, and social and developmental needs of such youth, and are culturally and linguistically appropriate, including topics on money management, budgeting, consumer education, use of credit, parenting skills, interpersonal skill building, educational advancement, job attainment skills, mental and physical health care, and suicide prevention services; ; (ii) in paragraph (2)— (I) by striking 18 years and inserting 23 years ; and (II) by striking 18th and inserting 23rd ; (iii) by striking paragraph (4) and inserting the following: (4) that such shelter project used to carry out such project shall— (A) have a minimum project capacity of not fewer than 4 youth, except if there is an established minimum number of beds per individual shelter or project location; (B) have the capacity to accommodate not more than 20 individuals, excluding staff, within a single project, except where the applicant demonstrates that the State where the project is located has a State or local law or regulation that allows a higher maximum to comply with licensure requirements for child and youth serving projects; and (C) if it is a mixed project, limit runaway and homeless youth shelter beds to 20 youth per project with segregated access and programming, except where the applicant demonstrates that the State where the project is located has a State or local law or regulation that allows a higher maximum to comply with licensure requirements for child and youth serving projects; ; (iv) by striking paragraphs (6), (7), (8), and (9), and inserting the following: (6) to develop a written transitional living plan in partnership with each youth based on an assessment of the needs of each youth, designed to help the transition from supervised participation in such project to independent living or another appropriate living arrangement; (7) to develop an adequate plan to ensure proper coordination, integration, and referral of homeless youth and runaway youth, which considers the age, gender, and social and developmental needs of such youth, and are culturally and linguistically appropriate, to the extent practicable, to— (A) social service; (B) law enforcement; (C) educational training, including post-secondary education; (D) vocational training, including services and programs for youth available under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ); (E) welfare, including programs amended under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( Public Law 104–193 ); (F) legal service; (G) mental health service and health care programs; (H) substance use disorder treatment; and (I) programs providing wrap-around services to victims of trafficking and gender-based violence; (8) to provide for the establishment of outreach programs designed to attract individuals who are eligible to participate in the project, which may include the use of online and social media engagements; (9) to submit to the Secretary an annual report that includes information regarding the activities carried out with funds under this part, the achievements of the project under this part carried out by the applicant and statistical summaries describing the number, characteristics, and demographic information of the homeless youth and runaway youth who participate in such project, including the prevalence of trafficking of such youth, and the services provided to such youth by such project, in the year for which the report is submitted; ; (v) in paragraph (15), by striking and after the semicolon; (vi) by striking paragraph (16) and inserting the following: (16) to develop an adequate emergency preparedness and management plan regarding responses to natural disasters, inclement weather, and mental health emergencies; and ; (vii) by redesignating paragraphs (3) through (5) and (6) through (16), as paragraphs (5) through (7) and (9) through (19), respectively; (viii) by inserting after paragraph (2) the following: (3) to provide counseling to homeless and runaway youth and to encourage, if appropriate, the involvement in such counseling of their parents, legal guardians, or individuals identified by such youth as family; (4) to provide aftercare services, if possible, to homeless and runaway youth who have received shelter and services from a transitional living youth project, including, to the extent practicable, such youth who, after receiving such shelter and services, relocate to a geographic area or State other than the geographic area or State in which such project is located; ; (ix) by inserting after paragraph (7), as redesignated by clause (vii), the following: (8) to develop a plan to provide services, which consider the age, gender, and social and developmental needs of such youth, and are culturally and linguistically appropriate, that address the needs of runaway, homeless, and street youth; ; and (x) by adding at end the following: (20) to inform youth of their status as independent students under section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv ), provide verification of such status for the purposes of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ), and assist the youth in completing this application at the request of the youth. ; and (B) by striking subsection (b) and inserting the following: (b) Priority In selecting eligible applicants to receive grants under this part, the Secretary shall give priority to entities that have experience in providing to homeless youth shelter and services of the types described in subsection (a)(1). . 5. National communications system Section 331 of the Runaway and Homeless Youth Act ( 34 U.S.C. 11231 ) is amended by inserting , online, and social media after telephone . 6. Coordinating, training, research, and other activities Part D of the Runaway and Homeless Youth Act ( 34 U.S.C. 11241 et seq. ) is amended— (1) in section 341— (A) by inserting safety, well-being, after health, ; and (B) in paragraph (2) by striking other Federal entities and inserting the Department of Housing and Urban Development, the Department of Education, the Department of Labor, and the Department of Justice ; (2) in section 342— (A) by inserting 5-year after make ; (B) by inserting (including onsite and web-based techniques, such as on-demand and online learning) after training ; and (C) by striking carrying out and inserting implementing in a trauma-informed manner ; (3) in section 343(b)— (A) in paragraph (5)— (i) in subparagraph (A), by striking abuse and all that follows through the semicolon at the end and inserting abuse, sexual assault, and trafficking; ; (ii) in subparagraph (B), by striking abuse and all that follows through ; and and inserting abuse, sexual assault, and trafficking; ; (iii) in subparagraph (C), by striking who have been sexually victimized ; and (iv) by adding at end the following: (D) best practices for identifying and providing services that consider the age, gender, and social and developmental background of an individual, and are culturally and linguistically appropriate, to the extent practicable, to— (i) vulnerable and underserved youth populations; and (ii) youth who are victims of trafficking; and (E) informing youth of their status as independent students under section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv ), providing verification of such status for the purposes of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ), and assisting youth in completing this application at the request of the youth; ; (B) in paragraph (9), by striking and after the semicolon; (C) in paragraph (10), by striking the period at the end and inserting ; and ; and (D) by adding at end the following: (11) examining the intersection between the runaway and homeless youth populations and trafficking, including noting whether such youth who are victims of trafficking were previously involved in the child welfare system or juvenile justice system. ; (4) in section 344(a)(2)(A), by striking $100,000 and inserting $200,000 ; (5) in section 345— (A) in subsection (a)— (i) by striking Not later than and all that follows through Homelessness and inserting Not later than 2 years after the date of enactment of the Runaway and Homeless Youth and Trafficking Prevention Act of 2022 , and at 3-year intervals thereafter, the Secretary, acting through the Associate Commissioner of the Family and Youth Services Bureau ; (ii) in paragraph (1)— (I) by striking 13 and inserting 12 ; and (II) by striking and after the semicolon; (iii) in paragraph (2), by striking the period at the end and inserting a semicolon; and (iv) by adding at end the following: (3) that includes demographic information of such individuals, including youth who are victims of trafficking; and (4) that does not disclose the identity of any such individual. ; and (B) in subsection (b)(1)— (i) by striking 13 and inserting 12 ; (ii) in subparagraph (A), by striking and after the semicolon; (iii) in subparagraph (B)— (I) in clause (ii), by striking ; and and inserting , including mental health services; ; (II) in clause (iii), by striking and after the semicolon; and (III) by adding at end the following: (iv) connections to caring adults; and (v) access to secondary education, higher education, and job training; and ; (iv) by redesignating subparagraph (B) as subparagraph (E); and (v) by inserting after subparagraph (A) the following: (B) incidences, if any, of such individuals who— (i) are victims of trafficking; (ii) are victims of sexual exploitation; or (iii) were involved in the child welfare or foster care system; (C) demographic characteristics, including race, color, religion, national origin, sex, gender identity (as defined in section 249(c) of title 18, United States Code), sexual orientation, and disability; (D) statistics on youth who are or were pregnant or parenting; and . 7. Sexual abuse and trafficking prevention program; street outreach program Part E of the Runaway and Homeless Youth Act ( 34 U.S.C. 11261 et seq. ) is amended by striking section 351 and inserting the following: 351. Authority to make grants (a) In general The Secretary shall make 5-year grants to public and nonprofit private entities, and combinations of such entities, for the purpose of providing street-based services to runaway, homeless, and street youth who have been subjected to, or are at risk of being subjected to, sexual abuse or trafficking. The Secretary shall award such grants not later than 90 days before the start date of the grant and establish an appeal process for grantees. (b) Priority In selecting applicants to receive grants under subsection (a), the Secretary shall give priority to public and nonprofit private entities that have experience in providing services to runaway, homeless, and street youth. (c) Eligibility requirements To be eligible to receive a grant under subsection (a), an applicant shall certify to the Secretary that such applicant has expertise in serving runaway, homeless, and street youth and has systems in place to ensure that such applicant can provide services that consider the age, gender, and social and developmental background of youth described in subsection (a), and are culturally and linguistically appropriate. . 8. General provisions Part F of the Runaway and Homeless Youth Act ( 34 U.S.C. 11271 et seq. ) is amended— (1) in the heading, by striking Part F and inserting Part G ; (2) in section 381— (A) in subsection (a)(3), by striking facility and inserting center or project ; and (B) in subsection (b)(1), by striking facility both places it appears and inserting center or project ; (3) in section 382(a)— (A) by striking 2000 and inserting 2023 ; (B) by striking the Workforce and inserting Labor ; (C) in paragraph (1)— (i) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and (ii) by inserting after subparagraph (A) the following: (B) identifying youth who are victims of trafficking; ; and (D) in paragraph (2)— (i) by striking subparagraph (A) and inserting the following: (A) the number and characteristics of youth served by such projects, including such youth who— (i) are victims of trafficking; (ii) are pregnant or parenting; (iii) have been involved in the child welfare system; or (iv) have been involved in the juvenile or adult criminal justice system, the incarceration system, or legal proceedings related to such systems; ; and (ii) by striking subparagraph (F) and inserting the following: (F) the ability of such projects to encourage the resolution of problems within the family, including with individuals identified by such youth as family, through counseling and development of self-sufficient living skills; and ; (4) in section 383(a) by striking facility’s budget and inserting budget of the center or project ; (5) in section 384, by adding at the end the following: Grantees are encouraged to share data with other programs and systems, without identifying individual youth in any shared records, to improve coordination and maximize the use of resources. ; (6) by inserting after section 384 the following: 384A. Administration and enforcement (a) Request for relief (1) In general The Secretary, acting through the Associate Commissioner of the Family and Youth Services Bureau, may waive any provision under this title for a period of not more than 3 years, unless an extension is granted under paragraph (6), if— (A) a potential grantee requests a waiver that describes 1 or more conflicting or duplicative requirements or circumstances that prevent the effective delivery of services to runaway and homeless youth, such as an extraordinary circumstance, natural disaster, public health emergency, or financial crisis; (B) the Secretary determines that the waiver will, by itself, contribute to or enhance the ability of the grantee to carry out the purposes of this title; and (C) the Secretary determines that the waiver will not be inconsistent with the objectives of this title. (2) Contents A request made under paragraph (1) shall be provided to the Secretary in writing and shall— (A) detail each provision within this title for which the grantee seeks relief; (B) describe how a waiver from such provision will, by itself, improve delivery of services to runaway and homeless youth; and (C) certify that the health, safety, and well-being of runaway and homeless youth served through assistance received under this title will not be compromised as a result of the waiver. (3) Notification of approval or disapproval Not later than 30 days after the receipt of a waiver request made under paragraph (1), the Secretary shall inform the grantee of approval or disapproval of the request. (A) Disapproval If the request is disapproved, the Secretary shall inform the grantee, the Committee on Education and Labor of the House of Representatives, and the Committee on the Judiciary of the Senate of the reasons for the disapproval and give the grantee the opportunity to amend the request or appeal the decision. (B) Approval If the request is approved, the Secretary shall grant a waiver and, not later than 30 days after granting such waiver, notify and submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate that describes— (i) each specific provision waived; (ii) the reason given by the grantee for the need for a waiver; and (iii) the expected impact of the waiver on youth served under this program. (4) External conditions The Secretary shall not require or impose any new or additional requirements in exchange for receipt of a waiver if such requirements are not specified in this title. (5) Termination The Secretary shall terminate approval of a request for a waiver authorized under this subsection if the Secretary determines, after notice and opportunity for a hearing, that the performance of a grantee who was granted relief under this subsection has been inadequate, or if such relief is no longer necessary to achieve its original purposes. (6) Waiver Extension (A) In general The Secretary may grant an extension to an existing waiver authorized under this subsection for a period of not more than 1 year upon a request for a waiver extension from the grantee. (B) Extension Request A request for a waiver extension described under subparagraph (A) shall be submitted to the Secretary not later than 30 days before the expiration date of the existing waiver, and shall re-certify the provisions in paragraph (2) and explain the need for additional time of relief from such provisions provided in this title. (7) Restrictions Nothing in this title shall be construed as authorizing the Secretary to permit a grantee to alter the eligibility requirements for eligible youth. Nothing in this subsection shall be construed as authorizing the Secretary to waive anything related to the Secretary's authority under this title. ; (7) in section 386(a)— (A) by striking 3 consecutive and inserting 5 consecutive both places it appears; and (B) by inserting , acting through the Associate Commissioner of the Family and Youth Services Bureau, after Secretary ; (8) in section 386A— (A) in subsection (a)— (i) by striking Reconnecting Homeless Youth Act of 2008 and inserting Runaway and Homeless Youth and Trafficking Prevention Act of 2022 ; and (ii) by inserting 371, after sections ; and (B) in subsection (c), by inserting 371, after sections ; (9) by inserting after section 386A the following: 386B. Nondiscrimination (a) In general No person in the United States shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under this title on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in section 249(c) of title 18, United States Code), sexual orientation, or disability. (b) Exception If sex-segregation or sex-specific programming is necessary to the essential operation of a program, nothing in this section shall prevent any such program or activity from considering the sex of an individual. In such circumstances, grantees may meet the requirements of this section by providing comparable services to individuals who cannot participate in the sex-segregated or sex-specific programming. (c) Disqualification The Secretary shall enforce this section pursuant to section 654 of the Head Start Act ( 42 U.S.C. 9849 ). The provisions of such section relating to the procedure for review of an action taken by the Secretary shall apply. (d) Construction Nothing in this section shall be construed as supplanting, displacing, preempting, or otherwise limiting the responsibilities and liabilities under other Federal or State civil rights laws with respect to discrimination on a basis described in subsection (a). ; (10) in section 387— (A) by redesignating paragraphs (1), (4), (5), (6), (7), and (8), as paragraphs (9), (6), (7), (8), (11), and (12), respectively; (B) by inserting before paragraph (2) the following: (1) Culturally and linguistically appropriate The term culturally and linguistically appropriate , with respect to services, has the meaning given the term culturally and linguistically appropriate services in the National Standards for Culturally and Linguistically Appropriate Services in Health and Health Care , issued in April 2013, by the Office of Minority Health of the Department of Health and Human Services. ; (C) in paragraph (3)(A)— (i) in clause (i), by striking 21 and inserting 26 ; and (ii) by striking clause (ii) and inserting the following: (ii) for the purposes of part B, not less than 15 years of age but less than 26 years of age; ; (D) by inserting after paragraph (3) the following: (4) Mixed projects The term mixed projects means a building, structure, or campus that may house multiple programs serving youth under the age of 26. Any of these programs may be funded as authorized under this Act as well as funded by other entities, including private, public, and other government funding. (5) Prevention services The term prevention services means services to prevent youth from becoming runaway, homeless, or street youth and may include— (A) individual, family, group, and peer counseling; (B) family mediation; (C) assessing the strengths, vulnerabilities, and needs of youth; (D) connecting youth to public services and housing options; (E) emergency respite care for clients within the allowable age range of the underlying grant award, including care that provides parents and other caregivers with emergency services and temporary shelter that offer relief; (F) connecting youth to education and employment programs; (G) case management and resource navigation; and (H) activities to improve access to local mental health and substance use treatment and prevention. ; (E) in paragraph (7)(B), as redesignated by subparagraph (A)— (i) in clause (i), by inserting , including the use of online methods of engagement, as appropriate, based on the needs of the community and population served after street youth ; and (ii) by striking clause (v) and inserting the following: (v) advocacy, education, and prevention services related to— (I) substance use disorder; (II) trafficking; (III) sexually transmitted infections, including human immunodeficiency virus; (IV) violence, including physical assault, sexual assault, domestic violence, and gender-based violence; and (V) suicide. ; (F) in paragraph (8)(B), as redesignated by subparagraph (A), by striking prostitution, or drug abuse and inserting trafficking, or substance use disorder ; (G) in paragraph (9), as redesignated by subparagraph (A), by striking the paragraph (9) enumerator and all that follows through services— , and inserting the following: (9) Substance use disorder education and prevention services The term substance use disorder education and prevention services — ; (H) by inserting after paragraph (9), as redesignated by subparagraph (A), the following: (10) Trafficking The term trafficking has the meaning given the terms severe forms of trafficking in persons and sex trafficking in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). ; (I) in paragraph (11), as redesignated by subparagraph (A), by inserting , to establish family or community supports, after self-sufficient living ; and (J) in paragraph (12)(B), as redesignated by subparagraph (A)— (i) in clause (ii)— (I) by inserting or able after willing ; and (II) by striking or after the semicolon; (ii) in clause (iii), by striking the period at the end and inserting ; or ; and (iii) by adding at end the following: (iv) who is involved in the child welfare system, juvenile justice system, or criminal justice system, but who is not being housed by any such system. . 9. Prevention services The Runaway and Homeless Youth Act ( 34 U.S.C. 11201 et seq. ) is amended by inserting after part E the following: F Prevention Services 371. Authority to make grants (a) In general The Secretary is authorized to make 5-year grants to an eligible entity, as described under subsection (c), that applies for an optional, additional prevention services grant. Any funds provided under this part are in addition to other funds grantees receive under other parts in this title. (b) Priority In selecting grantees to receive grants under subsection (a), the Secretary shall give priority to eligible entities that are— (1) public entities and nonprofit, private entities that have experience in providing services to runaway, homeless, and street youth, and youth at risk of separation from the family; and (2) public entities and nonprofit, private entities that request prevention services grants of not more than $75,000 per year. (c) Eligibility requirements To be eligible to receive a grant under subsection (a)— (1) the potential grantee shall— (A) be a successful basic center program or transitional living program, which may include a program that operates a maternity group home, that wants to establish, strengthen, or provide prevention services for youth at risk of homelessness and youth at risk of running away; and (B) submit to the Secretary a plan agreeing, as part of such program, to provide prevention services; and (2) the potential grantee shall certify to the Secretary that such grantee has systems in place to provide services to youth described in subsection (a) that consider the age, gender, and social and developmental background of such youth, and are culturally and linguistically appropriate. . 10. Authorization of appropriations Section 388(a) of the Runaway and Homeless Youth Act ( 34 U.S.C. 11280(a) ) is amended to read as follows: (a) In general (1) Authorization There are authorized to be appropriated to carry out this title (other than part E and F) $225,000,000 for fiscal year 2023, and such sums as may be necessary for each of fiscal years 2024 through 2027. (2) Allocation (A) Parts a and b From the amount appropriated under paragraph (1) for a fiscal year, the Secretary shall reserve not less than 90 percent to carry out parts A and B. (B) Part b Of the amount reserved under subparagraph (A), 45 percent and, in those fiscal years in which continuation grant obligations and the quality and number of applicants for parts A and B warrant not more than 55 percent, shall be reserved to carry out part B. (3) Parts c and d (A) In general In each fiscal year, after reserving the amounts required by paragraph (2), the Secretary shall use the remaining amount (if any) to carry out parts C and D (other than section 345). (B) Periodic estimate Of the amount authorized to be appropriated under paragraph (1), $2,000,000 shall be made available to carry out section 345 for each of fiscal years 2023, 2025, and 2027. (4) Part e There are authorized to be appropriated to carry out part E $75,000,000 for fiscal year 2023, and such sums as may be necessary for each of fiscal years 2024 through 2027. (5) Part F There are authorized to be appropriated to carry out part F $67,500,000 for fiscal year 2023, and such sums as may be necessary for each of fiscal years 2024 through 2027. . 11. Approval of application The Runaway and Homeless Youth Act ( 34 U.S.C. 11201 et seq. ) is amended by adding at end the following: 390. Approval of applications (a) In general An application by a public or private nonprofit entity for a grant under section 311, 321, or 351, may be approved by the Secretary for an amount for a fiscal year that is— (1) not less than $225,000 and not more than $275,000 if the amount appropriated to carry out this title (other than parts E and F) for the fiscal year is equal to or greater than $200,000,000; or (2) not less than $200,000 and not more than $250,0000 if the amount appropriated to carry out this title (other than parts E and F) for the fiscal year is less than $200,000,000. (b) Priority In selecting applications for grants under sections 311, 321, and 351, the Secretary shall give priority to eligible grantees who have demonstrated experience in providing services to runaway and homeless youth. . | https://www.govinfo.gov/content/pkg/BILLS-117s4916is/xml/BILLS-117s4916is.xml |
117-s-4917 | II 117th CONGRESS 2d Session S. 4917 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Menendez (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title V of the Public Health Service Act to reauthorize the Minority Fellowship Program.
1. Short title This Act may be cited as the Minority Fellowship Program Reauthorization Act of 2022 . 2. Reauthorization of Minority Fellowship Program Section 597(c) of the Public Health Service Act ( 42 U.S.C. 297ll(c) ) is amended by striking $12,669,000 for each of fiscal years 2018 through 2022 and inserting $25,000,000 for each of fiscal years 2023 through 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s4917is/xml/BILLS-117s4917is.xml |
117-s-4918 | II 117th CONGRESS 2d Session S. 4918 IN THE SENATE OF THE UNITED STATES September 22, 2022 Ms. Hassan (for herself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to prohibit the use of patents, trade secrets, or other intellectual property to inhibit competition.
1. Short title This Act may be cited as the Increasing Prescription Drug Competition Act . 2. Prohibiting the use of patents, trade secrets, or other intellectual property on risk evaluation and mitigation strategies to inhibit competition Section 505–1 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1 ) is amended by adding at the end the following: (n) Additional requirements (1) Patents claiming REMS If an application under subsection (b)(2) or (j) of section 505 includes a certification under subsection (b)(2)(A) or (j)(2)(A)(vii) of section 505 with respect to a patent that claims an aspect of the elements to assure safe use of a risk evaluation and mitigation strategy requirements under subsection (f) for the applicable listed drug, such certification shall have no effect on the effective date of the approval of the application, notwithstanding subparagraphs (B) and (C) of section 505(c)(3) and clauses (ii) and (iii) of section 505(j)(5)(B). This paragraph shall apply to all applications submitted to the Secretary under subsection (b)(2) or (j) of section 505 before, on, or after the date of enactment of the Increasing Prescription Drug Competition Act . (2) Agreement not to seek damages In the event that the sponsor of another application under section 505 of this Act or section 351 of the Public Health Service Act infringes a patent, trade secret, or any other intellectual property held by the sponsor or holder to comply with risk evaluation and mitigation strategy requirements under this section, the sponsor or holder of the approved application shall not seek, or claim entitlement to, any remedy other than damages arising from the infringement. (3) Clarifications Nothing in this section shall be construed as — (A) prohibiting the sponsor or holder of an approved application from allowing the sponsor of another application under section 505 of this Act or section 351 of the Public Health Service Act to use the patent, trade secret, or any other intellectual property other than as described in this subsection; (B) preventing a sponsor of an application under section 505 of this Act or section 351 of the Public Health Service Act from using a different, comparable aspect of the elements to assure safe use as authorized under this section; (C) in any way negating the applicability of a risk evaluation and mitigation strategy with elements to assure safe use, as otherwise required under this section; or (D) limiting the application of any provision of the antitrust laws (as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ). . | https://www.govinfo.gov/content/pkg/BILLS-117s4918is/xml/BILLS-117s4918is.xml |
117-s-4919 | II 117th CONGRESS 2d Session S. 4919 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Lankford (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require an interagency strategy for creating a unified posture on counter-unmanned aircraft systems (C-UAS) capabilities and protections at international borders of the United States.
1. Short title This Act may be cited as the Protecting the Border from Unmanned Aircraft Systems Act . 2. Interagency strategy for creating a unified posture on counter-unmanned aircraft systems capabilities and protections at international borders of the United States (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Commerce, Science, and Transportation of the Senate ; (C) the Committee on the Judiciary of the Senate ; (D) the Committee on Armed Services of the Senate ; (E) the Committee on Appropriations of the Senate ; (F) the Committee on Homeland Security of the House of Representatives ; (G) the Committee on the Judiciary of the House of Representatives ; (H) the Committee on Transportation and Infrastructure of the House of Representatives ; (I) the Committee on Energy and Commerce of the House of Representatives ; (J) the Committee on Armed Services of the House of Representatives ; and (K) the Committee on Appropriations of the House of Representatives . (2) Covered facility or asset The term covered facility or asset has the meaning given such term in section 210G(k)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 124n(k)(3) ). (b) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall work with the Attorney General, the Administrator of the Federal Aviation Administration, and the Secretary of Defense to develop a strategy for creating a unified posture on counter-unmanned aircraft systems (referred to in this section as C-UAS ) capabilities and protections at— (1) covered facilities or assets along international borders of the United States; and (2) any other border-adjacent covered facilities or assets at which such capabilities maybe utilized under Federal law. (c) Elements The strategy required to be developed under subsection (b) shall include the following elements: (1) An examination of C-UAS capabilities at covered facilities or assets along the border, or such other border-adjacent covered facilities or assets at which such capabilities may be utilized under Federal law, and their usage to detect or mitigate credible threats to homeland security, including the facilitation of illicit activities, or for other purposes authorized by law. (2) An examination of efforts to protect privacy and civil liberties in the context of C-UAS operations, including with respect to impacts on border communities and protections of the First and Fourth Amendments to the United States Constitution. (3) An examination of intelligence sources and methods, including drone operators and artificial intelligence equipment, and relevant due process considerations. (4) An assessment of the availability and interoperability of C-UAS detection and mitigation technology. (5) An assessment of the training, including training relating to the protection of privacy and civil liberties, required for successful operation of C-UAS detection and mitigation technology. (6) An assessment of specific methods of operability for deployment and recommendations for additional resources needed. (7) An assessment of interagency research and development efforts, including the potential for expanding such efforts. (d) Submission to Congress Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the strategy developed pursuant to subsection (b) to the appropriate congressional committees. (e) Annual report Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 7 years, the Secretary of Homeland Security, the Attorney General, the Administrator of the Federal Aviation Administration, and the Secretary of Defense shall jointly submit a report to the appropriate congressional committees that describes— (1) the resources necessary to carry out the strategy developed pursuant to subsection (b); and (2) any significant developments relating to the elements described in subsection (c). | https://www.govinfo.gov/content/pkg/BILLS-117s4919is/xml/BILLS-117s4919is.xml |
117-s-4920 | II 117th CONGRESS 2d Session S. 4920 IN THE SENATE OF THE UNITED STATES September 22, 2022 Ms. Klobuchar (for herself, Mr. King , Mr. Bennet , Mr. Hickenlooper , Mr. Blumenthal , Mr. Warner , Mr. Leahy , Mr. Padilla , Mr. Merkley , Mr. Sanders , Mr. Markey , Mr. Luján , Mrs. Feinstein , Ms. Hirono , Mrs. Murray , Ms. Stabenow , Mrs. Shaheen , Ms. Smith , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To provide enhanced protections for election workers.
1. Short title This Act may be cited as the Election Worker Protection Act of 2022 . 2. Definitions In this Act: (1) Election worker The term election worker means an individual who is an election official, poll worker, or an election volunteer in connection with the administration of an election for a Federal office. (2) Personally identifiable information The term personally identifiable information has the meaning given the term restricted personal information in section 119 of title 18, United States Code. 3. Grants to States for election worker recruitment, training, and safety (a) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ) is amended by adding at the end the following: 7 Election worker recruitment, training, and safety 297. Grants to States for poll worker and election volunteer recruitment and training (a) In general Not later than 1 year after the date of enactment of the Election Worker Protection Act of 2022 , the Commission shall, subject to the availability of appropriations provided to carry out this section, make a grant to each eligible State for recruiting and training individuals to serve as poll workers and election volunteers on dates of elections for public office. (b) Use of Commission materials and training program development (1) In general In carrying out activities using funds under a grant provided under this section, the recipient of the grant shall— (A) use the materials prepared by the Commission on successful practices for poll worker and election volunteer recruiting, training, and retention as an interactive training tool; and (B) develop training programs with the participation and input of experts in adult learning. (2) Access and cultural considerations The Commission shall ensure that the materials described in paragraph (1)(A) provide training in methods that will enable poll workers and election volunteers to provide access and delivery of services that meet the unique needs of each voter in a culturally competent manner with respect to each voter who uses the services, including voters who have limited English proficiency, are of diverse cultural or ethnic backgrounds, or have disabilities, regardless of gender, sexual orientation, or gender identity. (c) Requirements for eligibility (1) Application Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time, in such manner, and containing such information as the Commission may reasonably require. (2) Contents of application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) provide assurances that— (i) the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (ii) the State will furnish the Commission with information about individuals who served as poll workers and election volunteers after recruitment and training with the funds provided under this section; and (iii) the State will dedicate poll worker and election volunteer recruitment efforts with respect to— (I) youth and minors, including by recruiting at institutions of higher education and secondary education; and (II) diversity, including with respect to race, ethnicity, and disability; and (C) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (d) Amount of grant (1) In general The amount of a grant made to a State under this section shall be equal to the product of— (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined In paragraph (1), the voting age population percentage for a State is the quotient of— (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (e) Rules for States that do not submit an application and grants to political subdivisions (1) In general If a State fails to submit an application under subsection (c) at the time established by the Commission for such submission, the Commission may offer to political subdivisions within that State the opportunity to apply for a payment under this section. (2) Contents of application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) provide assurances that— (i) the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (ii) the political subdivision will furnish the Commission with information about individuals who served as poll workers and election volunteers after recruitment and training with the funds provided under this section; and (iii) the political subdivision will dedicate poll worker and election volunteer recruitment efforts with respect to— (I) youth and minors, including by recruiting at institutions of higher education and secondary education; and (II) diversity, including with respect to race, ethnicity, and disability; and (C) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (3) Amount of grants for political subdivisions The amount of a grant made to a political subdivision under this subsection shall be an amount that bears the same proportion to the amount determined with respect to the State in which the political subdivision is located as— (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the political subdivision of the State. (f) Reports to Congress (1) Relevant committees In this subsection, the term relevant committees means— (A) the Committees on Rules and Administration and Appropriations of the Senate; and (B) the Committees on Administration and Appropriations of the House of Representatives. (2) Reports by recipients of grants Not later than 180 days after the date on which the Commission makes a final grant to a State under this section, the recipient shall submit a report to the Commission on the activities the State conducted with the funds provided under the grant. (3) Reports by Commission Not later than 1 year after the date on which the Commission makes the final grant under this section, the Commission shall submit a report to the relevant committees regarding— (A) the grants made under this section; (B) the activities carried out by recipients using funds provided under the grants; and (C) such recommendations relating to recruitment and training of election workers as the Commission considers appropriate. (g) Funding (1) Authorization There is authorized to be appropriated to the Commission for fiscal year 2023 and each succeeding fiscal year such sums as may be necessary for payments under this section, to remain available until expended. (2) Administrative expenses Of the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission. 298. Grants to States for election worker safety (a) In general Not later than 1 year after the date of enactment of the Election Worker Protection Act of 2022 , the Commission shall, subject to the availability of appropriations provided to carry out this section, make a grant to each eligible State for physical security services and social media threat monitoring for election workers. (b) Requirements for eligibility (1) Application Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time, in such manner, and containing such information as the Commission may reasonably require. (2) Contents of application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; and (B) provide assurances that— (i) the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; and (ii) the State will furnish the Commission with information on the number of individuals provided services under this section. (c) Rules for States that do not submit an application and grants to political subdivisions (1) In general If a State fails to submit an application under subsection (b) at the time established by the Commission for such submission, the Commission may offer to political subdivisions within that State the opportunity to apply for a payment under this section. (2) Contents of application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; and (B) provide assurances that— (i) the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; and (ii) the political subdivision will furnish the Commission with information on the number of individuals provided services under this section. (3) Amount of grants for political subdivisions The amount of a grant made to a political subdivision under this subsection shall be an amount that bears the same proportion to the amount determined with respect to the State in which the political subdivision is located as— (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the political subdivision of the State. (d) Reports to Congress (1) Relevant committees In this subsection, the term relevant committees means— (A) the Committees on Rules and Administration and Appropriations of the Senate; and (B) the Committees on Administration and Appropriations of the House of Representatives. (2) Reports by recipients of grants Not later than 180 days after the date on which the Commission makes a final grant to a State under this section, the recipient shall submit a report to the Commission on the activities the State conducted with the funds provided under the grant. (3) Reports by Commission Not later than 1 year after the date on which the Commission makes the final grant under this section, the Commission shall submit a report to the relevant committees regarding— (A) the grants made under this section; (B) the activities carried out by recipients using funds provided under the grants; and (C) such recommendations for physical security services and social media threat monitoring as the Commission considers appropriate. (e) Funding There is authorized to be appropriated to the Commission for fiscal year 2023 and each succeeding fiscal year such sums as may be necessary for payments under this section, to remain available until expended. . (b) Clerical amendment The table of contents of the Help America Vote Act of 2002 is amended by adding at the end of the items relating to subtitle D of title II the following: PART 7—Election worker recruitment, training, and safety Sec. 297. Grants to States for election worker recruitment and training Sec. 298. Grants to States for election worker safety. . 4. Department of Justice training resources for addressing threats to election workers (a) Review Not later than 180 days after the date of enactment of this Act, the Attorney General shall review training resources provided to Federal, State, local, and Tribal law enforcement agencies and ensure that the Department of Justice offers programs that include training and resources to assist State, local, and Tribal law enforcement agencies in understanding, detecting, deterring, and investigating threats to election workers. (b) Training The Attorney General shall make training available to Department prosecutors and to Assistant United States Attorneys on countering and prosecuting threats to election workers. 5. Grant program to prevent disclosure of personal information of election workers (a) Authorization Not later than 1 year after the date of enactment of this Act, the Attorney General shall establish a program to provide grants to create or expand programs designed to protect the personally identifiable information of election workers to entities that— (1) are— (A) States or units of local government (as those terms are defined in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 )); or (B) agencies of States or units of local government; and (2) operate a State or local database or registry that contains personally identifiable information. (b) Application Each entity described in subsection (a) that desires a payment 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) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to provide grants to entities described in subsection (a) to create or expand programs designed to protect the personally identifiable information of election workers, including through— (1) the creation of programs to redact or remove the personally identifiable information of election workers, upon request, from public records maintained by State agencies, including by hiring third parties to redact or remove the personally identifiable information of election workers from public records; (2) the expansion of existing programs to protect personally identifiable information of election workers; (3) the development or improvement of protocols, procedures, and policies to prevent the release of personally identifiable information of election workers; (4) the defrayment of costs of modifying or improving existing databases and registries to ensure that personally identifiable information of election workers is protected from release; and (5) the development of confidential opt-out systems that allow election workers to request that personally identifiable information is not included in publicly accessible databases or registries. (d) Report (1) In general Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an annual report that includes a detailed description of the amount spent by States and local governments using funds under this section relating to protection of personally identifiable information of election workers. (2) States and local governments Not later than 180 days after the date on which a State or local government receives funds under this section, the State or local government shall submit to the Comptroller General a report that, with respect to that State or local government, contains the information described in paragraph (1) to be included in the report required under that paragraph. 6. Harassment of election workers prohibited (a) In general Chapter 29 of title 18, United States Code, is amended by adding at the end the following new section: 613. Harassment of election workers (a) Election worker For purposes of this section, the term election worker means an individual who is an election official, poll worker, or election volunteer in connection with an election for a Federal office. (b) Harassment of election workers It shall be unlawful for any person, whether acting under color of law or otherwise, to intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce an election worker with intent to impede, intimidate, or interfere with that election worker while the election worker is engaged in the performance of official duties, or with intent to retaliate against the election worker on the basis of the performance of such duties. (c) Penalty Any person who violates subsection (b) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. (d) Special agents The Attorney General, acting through the Director of the Federal Bureau of Investigation, shall assign a special agent to each field office of the Federal Bureau of Investigation to investigate threats against election workers. . (b) Clerical amendment The table of contents for chapter 29 of title 18, United States Code, is amended by adding at the end the following: 613. Harassment of election workers. . 7. Making intimidation of tabulation, canvas, and certification efforts a crime Section 12(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) is amended— (1) in subparagraph (B), by striking ; or at the end; and (2) by adding at the end the following new subparagraph: (D) processing or scanning ballots, or tabulating, canvassing, or certifying voting results; or . 8. Prohibition of doxxing of election workers Section 119(b)(2) of title 18, United States Code, is amended by adding at the end the following: (E) or an election official, poll worker, or an election volunteer in connection with an election for a Federal office. . 9. Preventing poll observer interference (a) Voter protection requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by inserting after section 303 the following new section: 303A. Voter protection requirements (a) In general A State or local election official may remove a poll observer from a polling location for an election for Federal office or any location where processing, scanning, tabulating, canvassing, or certifying voting results in such an election is occurring on the basis that the State or local election official has a reasonable basis to believe that the observer— (1) has engaged in, or imminently will engage in, intimidation or deceptive practices prohibited by Federal law; or (2) has disrupted, or will disrupt, the voting, processing, scanning, tabulating, or canvassing of ballots or the certification of results. (b) Rule of construction Nothing in subsection (a) may be construed to prevent a State or a unit of local government in a State from permitting the removal of a poll observer for reasons other than those described in subsection (a). (c) Effective date This section shall apply with respect to elections for Federal office occurring on and after the date of enactment of the Election Worker Protection Act of 2022 . . (b) Conforming amendment relating to voluntary guidance Section 311(b) of the Help America Vote Act of 2022 ( 52 U.S.C. 21101(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 ; and ; and (3) by adding at the end the following: (4) in the case of recommendations with respect to section 303A, January 1, 2024. . (c) Clerical amendment The table of contents of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 303 the following: Sec. 303A. Voter protection requirements. . | https://www.govinfo.gov/content/pkg/BILLS-117s4920is/xml/BILLS-117s4920is.xml |
117-s-4921 | II 117th CONGRESS 2d Session S. 4921 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Bennet (for himself, Mr. Cardin , Mr. Booker , Mr. Brown , Ms. Klobuchar , Mrs. Feinstein , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the private business use requirements for bonds issued for lead service line replacement projects.
1. Short title This Act may be cited as the Financing Lead Out of Water Act of 2022 . 2. Modification of private business use requirements for certain bonds (a) In general Section 141(b)(6) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Clarification relating to qualified lead service line replacement use (i) In general For purposes of this subsection, qualified lead service line replacement use shall not constitute private business use. (ii) Definitions For purposes of this subparagraph— (I) Qualified lead service line replacement use The term qualified lead service line replacement use means, with respect to any public water system, use of the proceeds of an issue to replace any privately-owned portion of a lead service line connected to such system to facilitate, achieve or maintain compliance with a national primary drinking water regulation for lead. (II) Lead service line The term lead service line has the meaning given such term in section 1459B(a)(4) of the Safe Drinking Water Act. (III) National primary drinking water regulation for lead The term national primary drinking water regulation for lead means a national primary drinking water regulation for lead promulgated under section 1412 of such Act. (IV) Public water system The term public water system has the meaning given such term in section 1401(4) of such Act. . (b) Effective date The amendments made by this section shall apply to obligations issued after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4921is/xml/BILLS-117s4921is.xml |
117-s-4922 | II 117th CONGRESS 2d Session S. 4922 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Boozman (for himself, Mr. Peters , Mr. Rounds , and Mr. Manchin ) 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 provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs.
1. Short title This Act may be cited as the Gerald’s Law Act . 2. Burial allowance for certain veterans who die at home while in receipt of hospice care furnished by Department of Veterans Affairs (a) In general Subsection (a)(2)(A) of section 2303 of title 38, United States Code, as amended by section 2202(a)(3)(B)(ii) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ; 134 Stat. 4984), is further amended— (1) in clause (i), by striking ; or and inserting a semicolon; (2) in clause (ii)— (A) in subclause (II), by striking ; or and inserting a semicolon; and (B) in subclause (III), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new clause: (iii) a home or other setting at which the deceased veteran was, at the time of death, receiving hospice care pursuant to section 1717(a) of this title if such care was directly preceded by the Secretary furnishing to the veteran hospital care or nursing home care as described in subclause (I), (II), or (III) of clause (ii). . (b) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4922is/xml/BILLS-117s4922is.xml |
117-s-4923 | II 117th CONGRESS 2d Session S. 4923 IN THE SENATE OF THE UNITED STATES September 22, 2022 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To require Federal law enforcement agencies to report on cases of missing or murdered Indians, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Bridging Agency Data Gaps and Ensuring Safety for Native Communities Act or the BADGES for Native Communities 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. TITLE I—Bridging agency data gaps Sec. 101. National Missing and Unidentified Persons System Tribal facilitator. Sec. 102. Report on Indian country law enforcement personnel resources and need. TITLE II—Ensuring safety for Native communities Sec. 201. Demonstration program on Bureau of Indian Affairs law enforcement employment background checks. Sec. 202. Missing and murdered response coordination grant program. Sec. 203. GAO study on Federal law enforcement agency evidence collection, handling, and processing. Sec. 204. Bureau of Indian Affairs and Tribal law enforcement officer counseling resources interdepartmental coordination. 2. Definitions In this Act: (1) Death investigation The term death investigation has the meaning determined by the Attorney General. (2) Death investigation of interest to Indian Tribes The term death investigation of interest to Indian Tribes means a case involving— (A) a death investigation into the death of an Indian; or (B) a death investigation of a person found on, in, or adjacent to Indian land or a Village. (3) Director The term Director means the Director of the Office of Justice Services. (4) Federal law enforcement agency The term Federal law enforcement agency means the Bureau of Indian Affairs direct-service police, the Federal Bureau of Investigation, and any other Federal law enforcement agency that— (A) has jurisdiction over crimes in Indian country; or (B) investigates missing persons cases of interest to Indian Tribes, death investigations of interest to Indian Tribes, unclaimed remains cases of interest to Indian Tribes, or unidentified remains cases of interest to Indian Tribes. (5) Indian The term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (6) Indian country The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. (7) Indian land The term Indian land has the meaning given the term Indian lands in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 ( 25 U.S.C. 4302 ). (8) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (9) Missing The term missing has the meaning determined by the Attorney General. (10) Missing persons case of interest to Indian Tribes The term missing persons case of interest to Indian Tribes means a case involving— (A) a missing Indian; or (B) a missing person whose last known location is believed to be on, in, or adjacent to Indian land or a Village. (11) National crime information databases The term national crime information databases has the meaning given the term in section 534(f)(3) of title 28, United States Code. (12) Relevant Tribal organization The term relevant Tribal organization means, as applicable— (A) a tribal organization or an urban Indian organization; and (B) a national or regional organization that— (i) represents a substantial Indian constituency; and (ii) has expertise in the fields of— (I) human trafficking of Indians; (II) human trafficking on Indian land or in a Village; (III) violence against Indian women and children; or (IV) tribal justice systems. (13) Secretary The term Secretary means the Secretary of the Interior. (14) Sexual assault case of interest to Indian Tribes The term sexual assault case of interest to Indian Tribes means a case involving an allegation of a felony under chapter 109A or 110 of title 18, United States Code, committed against an Indian by another Indian or a non-Indian. (15) Tribal justice official The term tribal justice official has the meaning given the term in section 2 of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2801 ). (16) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (17) Unclaimed remains case of interest to Indian Tribes The term unclaimed remains case of interest to Indian Tribes means a case involving— (A) unclaimed Indian remains; or (B) unclaimed remains found on, in, or adjacent to Indian land or a Village. (18) Unidentified remains case of interest to Indian Tribes The term unidentified remains case of interest to Indian Tribes means a case involving— (A) unidentified Indian remains; or (B) unidentified remains found on, in, or adjacent to Indian land or a Village. (19) Urban Indian organization The term urban Indian organization has the meaning given the term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (20) Village The term Village means the Alaska Native Village Statistical Area covering all or any portion of a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )), as depicted on the applicable Tribal Statistical Area Program Verification Map of the Bureau of the Census. I Bridging agency data gaps 101. National Missing and Unidentified Persons System Tribal facilitator (a) Appointment The Attorney General, acting through the Director of the National Institute of Justice, shall appoint 1 or more Tribal facilitators for the National Missing and Unidentified Persons System. (b) Duties The duties of a Tribal facilitator appointed under subsection (a) shall include— (1) coordinating the reporting of information relating to missing persons cases of interest to Indian Tribes, unclaimed remains cases of interest to Indian Tribes, and unidentified remains cases of interest to Indian Tribes; (2) consulting and coordinating with Indian Tribes and relevant Tribal organizations to address the reporting, documentation, and tracking of missing persons cases of interest to Indian Tribes, unclaimed remains cases of Interest to Indian Tribes, and unidentified remains cases of interest to Indian Tribes; (3) developing working relationships, and maintaining communication, with Indian Tribes and relevant Tribal organizations; (4) providing technical assistance and training to Indian Tribes and relevant Tribal organizations, victim service advocates, medical examiners, coroners, and tribal justice officials regarding— (A) the gathering and reporting of information to the National Missing and Unidentified Persons System; and (B) working with non-Tribal law enforcement agencies to ensure missing persons cases of interest to Indian Tribes, unclaimed remains cases of interest to Indian Tribes, and unidentified remains cases of interest to Indian Tribes are reported to the National Missing and Unidentified Persons System; (5) coordinating with the Office of Tribal Justice, the Office of Justice Services, the Executive Office for United States Attorneys, and the National Indian Country Training Initiative, as necessary; and (6) conducting other training, information gathering, and outreach activities to improve resolution of missing persons cases of interest to Indian Tribes, unclaimed remains cases of interest to Indian Tribes, and unidentified remains cases of interest to Indian Tribes. (c) Reporting and transparency (1) Annual reports to Congress During the 3-year-period beginning on the date of enactment of this Act, the Attorney General, acting through the Director of the National Institute of Justice, shall submit to the Committees on Indian Affairs, the Judiciary, and Appropriations of the Senate and the Committees on Natural Resources, the Judiciary, and Appropriations of the House of Representatives an annual report— (A) describing the activities and accomplishments of the 1 or more Tribal facilitators appointed under subsection (a) during the 1-year period preceding the date of the report; and (B) summarizing— (i) the number of missing persons cases of interest to Indian Tribes, unclaimed remains cases of interest to Indian Tribes, and unidentified remains cases of interest to Indian Tribes that the Tribal facilitator can identify in the National Missing and Unidentified Persons System; and (ii) the percentage of missing persons cases of interest to Indian Tribes, unclaimed remains cases of interest to Indian Tribes, and unidentified remains cases of interest to Indian Tribes closed during the 1-year period preceding the date of the report that the Tribal facilitator can identify in the National Missing and Unidentified Persons System. (2) Public transparency Annually, the Attorney General, acting through the Director of the National Institute of Justice, shall publish on a website publicly accessible information— (A) describing the activities and accomplishments of the 1 or more Tribal facilitators appointed under subsection (a) during the 1-year period preceding the date of the publication; and (B) summarizing— (i) the number of missing persons cases of interest to Indian Tribes, unclaimed remains cases of interest to Indian Tribes, and unidentified remains cases of interest to Indian Tribes that the Tribal facilitator can identify in the National Missing and Unidentified Persons System; and (ii) the percentage of missing persons cases of interest to Indian Tribes, unclaimed remains cases of interest to Indian Tribes, and unidentified remains cases of interest to Indian Tribes closed during the 1-year period preceding the date of the report that the Tribal facilitator can identify in the National Missing and Unidentified Persons System. 102. Report on Indian country law enforcement personnel resources and need (a) Department of the Interior Office of Justice Services Section 3(c)(16) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2802(c)(16) ) is amended by striking subparagraph (C) and inserting the following: (C) a list of the unmet— (i) staffing needs of law enforcement, corrections, and court personnel, including criminal investigators, medical examiners, coroners, forensic technicians, indigent defense staff, and prosecution staff, at tribal and Bureau of Indian Affairs justice agencies; (ii) replacement and repair needs of tribal and Bureau of Indian Affairs corrections facilities; (iii) infrastructure and capital needs for tribal police and court facilities, including evidence storage and processing; and (iv) public safety and emergency communications and technology needs; and . (b) Department of Justice (1) Definition of Department of Justice law enforcement agency In this subsection, the term Department of Justice law enforcement agency means each of— (A) the Federal Bureau of Investigation; (B) the Drug Enforcement Administration; (C) the United States Marshals Service; (D) the Bureau of Alcohol, Tobacco, Firearms and Explosives; and (E) the Offices of the United States Attorneys. (2) Annual report Each fiscal year, the Attorney General shall submit to the Committees on Indian Affairs, the Judiciary, and Appropriations of the Senate and the Committees on Natural Resources, the Judiciary, and Appropriations of the House of Representatives a report describing for that fiscal year— (A) the number of full-time employees of each Department of Justice law enforcement agency that are assigned to work on criminal investigations and prosecutions in Indian country; and (B) the percentage of time the full-employees spend specifically working in Indian country. (3) GAO study and report (A) Study (i) In general Not later than 18 months after the date on which the first annual report is submitted under paragraph (2), the Comptroller General of the United States shall conduct a study that examines any identified unmet staffing needs for Department of Justice law enforcement agencies tasked with work on criminal investigations and prosecutions in Indian country. (ii) Requirement In conducting the study required under clause (i), the Comptroller General of the United States shall take into account the results of the most recent report, as of the date of enactment of this Act, relating to Indian country investigations and prosecutions prepared by the Attorney General pursuant to section 10(b) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2809(b) ). (B) Report On completion of the study under subparagraph (A), the Comptroller General of the United States shall submit to the Committees on Indian Affairs, the Judiciary, and Appropriations of the Senate and the Committees on Natural Resources, the Judiciary, and Appropriations of the House of Representatives a report that describes the results of the study, including, as appropriate, proposals for methods by which the Department of Justice can better measure the unmet staffing needs for Department of Justice law enforcement agencies tasked with work on criminal investigations and prosecutions in Indian country. II Ensuring safety for Native communities 201. Demonstration program on Bureau of Indian Affairs law enforcement employment background checks (a) Establishment of program (1) In general The Secretary shall establish a demonstration program for the purpose of conducting or adjudicating, in coordination with the Director of the Bureau of Indian Affairs, personnel background investigations for applicants for law enforcement positions in the Bureau of Indian Affairs. (2) Background investigations and security clearance determinations (A) BIA investigations As part of the demonstration program established under paragraph (1), the Secretary may carry out a background investigation, security clearance determination, or both a background investigation and a security clearance determination for an applicant for a law enforcement position in the Bureau of Indian Affairs. (B) Use of previous investigations and determinations (i) In general Subject to clause (ii), as part of the demonstration program established under paragraph (1), the Secretary, in adjudicating background investigations for applicants for law enforcement positions in the Bureau of Indian Affairs, shall consider previous background investigations for an applicant, security clearance determinations for an applicant, or both background investigations and security clearance determinations for an applicant, as the case may be, that have been conducted by a State or local government, Indian Tribe, tribal organization, or the Bureau of Indian Affairs, within the 5-year period preceding the application for employment with the Bureau of Indian Affairs. (ii) Quality The Secretary shall only consider previous background investigations and security clearance determinations for an applicant that have been conducted by a State or local government, Indian Tribe, or tribal organization if the Secretary can verify that those previous investigations and determinations, as the case may be, are of a comparable quality and thoroughness to investigations and determinations carried out by the Bureau of Indian Affairs, the Office of Personnel Management, or another Federal agency. (iii) Additional investigation If, as described in clause (i), the Secretary considers an existing background investigation, security clearance determination, or both, as the case may be, for an applicant that has been carried out by a State or local government, Indian Tribe, tribal organization, or the Bureau of Indian Affairs, the Secretary— (I) may carry out additional investigation and examination of the applicant if the Secretary determines that such additional information is needed in order to make an appropriate determination as to the character and trustworthiness of the applicant before final adjudication can be made and a security clearance can be issued; and (II) shall not initiate a new background investigation process with the National Background Investigations Bureau or other Federal agency unless that new background investigation process covers a period of time that was not covered by a previous background investigation process. (iv) Agreements The Secretary may enter into a Memorandum of Agreement with a State or local government, Indian Tribe, or tribal organization to develop steps to expedite the process of receiving and obtaining access to background investigation and security clearance determinations for use in the demonstration program. (3) Sunset The demonstration program established under this section shall terminate 5 years after the date of the commencement of the program. (b) Sufficiency Notwithstanding any other provision of law, a background investigation conducted or adjudicated by the Secretary pursuant to the demonstration program authorized in subsection (a) that results in the granting of a security clearance to an applicant for a law enforcement position in the Bureau of Indian Affairs shall be sufficient to meet the applicable requirements of the Office of Personnel Management or other Federal agency for such investigations. (c) Annual report The Secretary shall submit to the Committees on Indian Affairs, the Judiciary, and Appropriations of the Senate and the Committees on Natural Resources, the Judiciary, and Appropriations of the House of Representatives an annual report on the demonstration program established under subsection (a), which shall include a description of— (1) the demonstration program and any relevant annual changes or updates to the program; (2) the number of background investigations carried out under the program; (3) the costs, including any cost savings, associated with the investigation and adjudication process under the program; (4) the processing times for the investigation and adjudication processes under the program; (5) any Memoranda of Agreement entered into with State or local government, Indian Tribe, or tribal organization; and (6) any other information that the Secretary determines to be relevant. (d) GAO study and report (1) Initial report Not later than 18 months after the date on which the demonstration program commences under this section, the Comptroller General of the United States shall prepare and submit to Congress an initial report on such demonstration program. (2) Final report Not later than 18 months after the date on which the demonstration program terminates under subsection (a)(3), the Comptroller General of the United States shall prepare and submit to Congress a final report on such demonstration program. (3) Tribal input In preparing the reports under this subsection, the Comptroller General of the United States shall obtain input from Indian Tribes regarding the demonstration program under this section. 202. Missing and murdered response coordination grant program (a) Establishment of program The Attorney General shall establish within the Office of Justice Programs a grant program under which the Attorney General shall make grants to eligible entities described in subsection (b) to carry out eligible activities described in subsection (c). (b) Eligible entities (1) In general To be eligible to receive a grant under the grant program established under subsection (a) an entity shall be— (A) an Indian Tribe; (B) a relevant Tribal organization; (C) subject to paragraph (2), a State, in consortium with— (i) 1 or more Indian Tribes; and (ii) relevant Tribal organizations, if any; (D) a consortium of 2 or more Indian Tribes or relevant Tribal organizations; or (E) subject to paragraph (2), a consortium of 2 or more States in consortium with— (i) 1 or more Indian Tribes; and (ii) relevant Tribal organizations, if any. (2) State eligibility To be eligible under subparagraph (C) or (E) of paragraph (1), a State shall demonstrate to the satisfaction of the Attorney General that the State— (A) (i) reports missing persons cases in the State to the national crime information databases; or (ii) if not, has a plan to do so using a grant received under the grant program established under subsection (a); and (B) if data sharing between the State and the Indian Tribes and relevant Tribal organizations with which the State is in consortium is part of the intended use of the grant received under the grant program established under subsection (a), has entered into a memorandum of understanding with each applicable Indian Tribe and relevant Tribal organization. (c) Eligible activities An eligible entity receiving a grant under the grant program established under subsection (a) may use the grant— (1) to establish a statewide or regional center— (A) to document and track— (i) missing persons cases of interest to Indian Tribes; (ii) sexual assault cases of interest to Indian Tribes; and (iii) death investigations of interest to Indian Tribes; and (B) to input information regarding missing persons cases of interest to Indian Tribes, unclaimed remains cases of interest to Indian Tribes, and unidentified remains cases of interest to Indian Tribes into the National Missing and Unidentified Persons System; (2) to establish a State or regional commission to respond to, and to improve coordination between Federal law enforcement agencies, and Tribal, State, and local law enforcement agencies of the investigation of, missing persons cases of interest to Indian Tribes, sexual assault cases of interest to Indian Tribes, and death investigations of interest to Indian Tribes; and (3) to document, develop, and disseminate resources for the coordination and improvement of the investigation of missing persons cases of interest to Indian Tribes, sexual assault cases of interest to Indian Tribes, and death investigations of interest to Indian Tribes, including to develop local or statewide rapid notification or communication systems for alerts and other information relating to those cases. (d) Authorization of appropriations There is authorized to be appropriated to carry out the program $1,000,000 for each of fiscal years 2023 through 2027. 203. GAO study on Federal law enforcement agency evidence collection, handling, and processing (a) In general The Comptroller General of the United States shall conduct a study— (1) on the evidence collection, handling, and processing procedures and practices of the Office of Justice Services and the Federal Bureau of Investigation in exercising jurisdiction over crimes involving Indians or committed in Indian country; (2) on any barriers to evidence collection, handling, and processing by the agencies referred to in paragraph (1); (3) on the views of law enforcement officials at the agencies referred to in paragraph (1) and their counterparts within the Offices of the United States Attorneys concerning any relationship between— (A) the barriers identified under paragraph (2); and (B) United States Attorneys declination rates due to insufficient evidence; and (4) that includes a survey of barriers to evidence collection, handling, and processing faced by— (A) Tribal law enforcement agencies; and (B) State and local law enforcement agencies that exercise jurisdiction over Indian country. (b) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the results of the study conducted under subsection (a). 204. Bureau of Indian Affairs and Tribal law enforcement officer counseling resources interdepartmental coordination The Secretary of Health and Human Services and the Attorney General shall coordinate with the Director— (1) to ensure that Federal training materials and culturally appropriate mental health and wellness programs are locally or regionally available to law enforcement officers working for the Bureau of Indian Affairs or an Indian Tribe who are experiencing occupational stress; and (2) to determine whether law enforcement agencies operated by the Bureau of Indian Affairs and Indian Tribes are eligible to receive services under— (A) the Law Enforcement Assistance Program of Federal Occupational Health of the Department of Health and Human Services; or (B) any other law enforcement assistance program targeted to meet the needs of law enforcement officers working for law enforcement agencies operated by the Federal Government or an Indian Tribe. | https://www.govinfo.gov/content/pkg/BILLS-117s4923is/xml/BILLS-117s4923is.xml |
117-s-4924 | II 117th CONGRESS 2d Session S. 4924 IN THE SENATE OF THE UNITED STATES September 22, 2022 Ms. Ernst (for herself, Mr. Graham , Mr. Grassley , Mr. Risch , Mr. Inhofe , Mr. Rubio , Mr. Wicker , Mr. Hagerty , Mr. Cruz , Mr. Thune , Mr. Cornyn , Mr. Cassidy , Mr. Scott of Florida , Mr. Cramer , Mr. Tillis , Mr. Daines , Mrs. Hyde-Smith , Mr. Hoeven , Mrs. Blackburn , Mr. Tuberville , Mr. Crapo , Mr. Braun , Mr. Marshall , Mr. Sullivan , Mr. Blunt , Mr. Sasse , and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes.
1. Short title This Act may be cited as the Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022 or the PUNISH Act of 2022 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Covered Executive order The term covered Executive order means any of the following: (A) Executive Order 13871 ( 50 U.S.C. 1701 note; relating to imposing sanctions with respect to the iron, steel, aluminum, and copper sectors of Iran), as in effect on May 10, 2019. (B) Executive Order 13876 ( 50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019. (C) Executive Order 13902 ( 50 U.S.C. 1701 note; relating to imposing sanctions with respect to additional sectors of Iran), as in effect on January 10, 2020. (D) Executive Order 13949 ( 50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to the conventional arms activities of Iran), as in effect on September 21, 2020. (3) Covered provision of law The term covered provision of law means any of the following: (A) This Act. (B) Each covered Executive order. (C) The Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). (D) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8501 et seq. ). (E) Section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a ). (F) The Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. ). (G) The Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ). (H) Title I of the Countering America's Adversaries Through Sanctions Act ( 22 U.S.C. 9401 et seq. ). (I) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq). (4) Government of Iran The term Government of Iran includes— (A) any agency or instrumentality of the Government of Iran; and (B) any person owned or controlled by that Government. 3. Continuation in effect of certain Executive orders imposing sanctions with respect to Iran (a) In general Each covered Executive order shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (b) Continuation in effect of sanctions designations With respect to each person designated for the imposition of sanctions pursuant to a covered Executive order before the date of the enactment of this Act, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (c) Publication In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include at the end an appendix setting forth the text of each covered Executive order. 4. Continuation in effect of national emergencies declared with respect to Iran (a) In general Notwithstanding subsection (a)(2) or (d) of section 202 of the National Emergencies Act ( 50 U.S.C. 1622 ), the national emergencies specified in subsection (b) shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (b) National emergencies specified The national emergencies specified in this subsection are the following national emergencies declared with respect to Iran: (1) The national emergency declared by Executive Order 12170 ( 50 U.S.C. 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. Reg. 62,709). (2) The national emergency declared by Executive Order 12957 ( 50 U.S.C. 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 3, 2022 (87 Fed. Reg. 12,555). 5. Continuation in effect of sanctions with respect to the Central Bank of Iran, the National Development Fund of Iran, the Etemad Tejarte Pars Company, the National Iranian Oil Company, and the National Iranian Tanker Company under Executive Order 13224 With respect to each Iranian person designated on January 1, 2021, for the imposition of sanctions under Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), as in effect on September 9, 2019, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. 6. Continuation in effect of foreign terrorist organization designation of the Islamic Revolutionary Guard Corps The designation of the Islamic Revolutionary Guard Corps as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ), and sanctions applicable to the Islamic Revolutionary Guard Corps pursuant to that designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. 7. Prohibition on sanctions relief for Iranian financial institutions, including with respect to petroleum purchases from Iran Section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d) ) is amended by striking paragraph (4) and inserting the following: (4) Limitation on authority The President may not exercise the authority under paragraph (5) to waive the imposition of sanctions under paragraph (1), or issue any license to authorize the purchase of petroleum or petroleum products from Iran, unless the determination set forth in the most recent report submitted under subsection (a) of section 9 of the Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5-year period preceding submission of the report. . 8. Limitation on waiver, suspension, or reduction of sanctions with respect to Iran The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5-year period preceding submission of the report. 9. Determination on the cessation of Iranian-sponsored assassinations or attempted assassinations of United States citizens and Iranian residents of the United States (a) Determination required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Secretary of the Treasury, shall submit to the appropriate congressional committees a report setting forth a determination of whether the Government of Iran or any foreign person (including any foreign financial institution) has directly or indirectly ordered, controlled, directed, or otherwise supported (including through the use of Iranian agents or affiliates of the Government of Iran, including Hezbollah, Hamas, Kata’ib Hezbollah, Palestinian Islamic Jihad, or any other entity determined to be such an agent or affiliate) any of the activities described in subsection (b) during the 5-year period preceding submission of the report. (b) Activities described The activities described in this subsection are— (1) the murder, attempted murder, assault, or other use or threat to use violence against— (A) any current or former official of the Government of the United States, wherever located; (B) any United States citizen or alien lawfully admitted for permanent residence in the United States, wherever located; or (C) any Iranian national residing in the United States; or (2) the politically motivated intimidation, abuse, extortion, or detention or trial— (A) in Iran, of a United States citizen or alien lawfully admitted for permanent residence in the United States; or (B) outside of Iran, of an Iranian national or resident or individual of Iranian origin. 10. Termination date The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8551(a) ). | https://www.govinfo.gov/content/pkg/BILLS-117s4924is/xml/BILLS-117s4924is.xml |
117-s-4925 | II 117th CONGRESS 2d Session S. 4925 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mrs. Blackburn (for herself, Mr. Cotton , Mr. Braun , Mr. Hoeven , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To preserve the readiness of the Armed Forces by limiting separations based on COVID–19 vaccination status and continuing pay and benefits for members while religious and health accommodations are pending.
1. Short title This Act may be cited as the Preserving the Readiness of our Armed Forces Act of 2022 . 2. Access to pay and benefits for members of National Guard and reserve components while requests for religious and health accommodations are pending A member of the National Guard or another reserve component of the Armed Forces shall maintain access to pay and benefits while a request of the member for a religious or health accommodation is pending. 3. Limitation on involuntary separation of members of Armed Forces based on COVID–19 vaccination status A member of an active or reserve component of the Armed Forces may not be involuntarily separated from the Armed Forces based solely on the vaccination status of the member with respect to COVID–19 until the Armed Forces have achieved the end strengths authorized under the most recent Act authorizing appropriations for military activities of the Department of Defense. | https://www.govinfo.gov/content/pkg/BILLS-117s4925is/xml/BILLS-117s4925is.xml |
117-s-4926 | II 117th CONGRESS 2d Session S. 4926 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Cornyn (for himself, Ms. Klobuchar , Mr. Graham , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation.
1. Short title This Act may be cited as the Respect for Child Survivors Act . 2. Multidisciplinary teams (a) Amendment Chapter 33 of title 28, United States Code, is amended by adding at the end the following: 540D. Multidisciplinary teams (a) Definitions In this section— (1) the term child sexual abuse material means a visual depiction described in section 2256(8)(A) of title 18; (2) the term covered investigation means any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation; (3) the term Director means the Director of the Federal Bureau of Investigation; (4) the term multidisciplinary team means a multidisciplinary team established or used under subsection (b)(2); (5) the term relevant children’s advocacy center personnel means children's advocacy center staff that regularly participate in multidisciplinary child support settings, including the director of the children’s advocacy center, the coordinator of a multidisciplinary team, forensic interviewers, victim advocates, forensic medical evaluators, physicians, sexual assault nurse examiners, and mental health clinicians; and (6) the term victim advocate means a person, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of a victim services program. (b) FBI victim support requirements (1) In general To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall— (A) use a multidisciplinary approach; and (B) unless impracticable or otherwise inconsistent with applicable Federal law, in accordance with paragraph (3), use— (i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or (ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children’s advocacy center. (2) Use and coordination The Director shall use and coordinate with children’s advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). (3) Children’s advocacy centers The Director— (A) may work with children’s advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and (B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children’s advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. (4) Report The Director shall submit to the Attorney General an annual report identifying any interview of a victim reporting child sexual abuse material or child trafficking that took place— (A) without the use of— (i) a multidisciplinary approach; (ii) a trained forensic interviewer; or (iii) either the use of a multidisciplinary approach or a trained forensic interviewer; and (B) for each interview identified under subparagraph (A), describing the exigent circumstances that existed with respect to the interview, in accordance with paragraph (1). (5) Memoranda of understanding The Director shall seek to enter into a memorandum of understanding with a reputable national accrediting organization for children's advocacy centers— (A) under which— (i) the children’s advocacy services of the national organization are made available to field offices of the Federal Bureau of Investigation in the United States; and (ii) special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes; and (B) which shall reflect a trauma-informed, victim-centered approach and provide for case review. (c) Functions The functions described in this subsection are the following: (1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. (2) To provide for and enhance collaborative efforts among the members of a multidisciplinary team, when such a team is used, and other appropriate personnel regarding a covered investigation. (3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. (4) To carry out other duties regarding the response to investigations of child sexual abuse or trafficking. (d) Personnel (1) In general Each multidisciplinary team shall be composed of the following: (A) Appropriate investigative personnel. (B) Appropriate mental health professionals. (C) Appropriate medical personnel. (D) Victim advocates or victim specialists. (E) Relevant children’s advocacy center personnel, with respect to covered investigations in which the children’s advocacy center or personnel of the children’s advocacy center were used in the course of the covered investigation. (F) Prosecutors, as appropriate. (2) Expertise and training (A) In general Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the functions of the team under this section. (B) Requirement The training and expertise required under subparagraph (A) shall include training and expertise on special victims’ crimes, including child sexual abuse. (e) Sharing of information (1) Access to information (A) In general Subject to subparagraphs (B) and (C), relevant children’s advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. (B) Included information The case information described in subparagraph (A) to which relevant children's advocacy center personnel shall be granted access includes— (i) case outcome of forensic interviews; (ii) medical evaluation outcomes; (iii) mental health treatment referrals and treatment completion; (iv) safety planning and child protection issues; (v) victim service needs and referrals addressed by the victim advocate; (vi) case disposition; (vii) case outcomes; and (viii) any other information required for a children’s advocacy centers as a part of the standards of practice of the children's advocacy center. (C) Exempt information The case information described in subparagraph (A) does not include— (i) classified information; (ii) the identity of confidential informants; or (iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. (2) Sharing information with FBI Children’s advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases. (3) Security clearances (A) In general The Federal Bureau of Investigation shall provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. (B) Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A). (f) Use of teams Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. (g) Case review by multidisciplinary team Throughout a covered investigation, a multidisciplinary team supporting an investigation under this section shall, at regularly scheduled times, convene to— (1) share information about case progress; (2) address any investigative or prosecutorial barriers; and (3) ensure that victims receive support and needed treatment. (h) Availability of advocates The Director shall make advocates available to each victim who reports child sexual abuse or child trafficking in connection with an investigation by the Federal Bureau of Investigation. (i) Rules of construction (1) Investigative authority Nothing in this section shall be construed to augment any existing investigative authority of the Federal Bureau of Investigation or to expand the jurisdiction of any Federal law enforcement agency. (2) Protecting investigations Nothing in this section shall be construed to limit the legal obligations of the Director under any other provision of law, including section 552a of title 5 (commonly known as the Privacy Act of 1974 ), or require the sharing of classified information with unauthorized persons. . (b) Technical and conforming amendment The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540C the following: 540D. Multidisciplinary teams. . | https://www.govinfo.gov/content/pkg/BILLS-117s4926is/xml/BILLS-117s4926is.xml |
117-s-4927 | II 117th CONGRESS 2d Session S. 4927 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Wicker (for himself and Ms. Cantwell ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the National Oceanic and Atmospheric Administration to establish a grant program to fund youth fishing projects.
1. Short title This Act may be cited as the Youth Coastal Fishing Program Act of 2022 . 2. Youth coastal fishing grant program (a) In general The Secretary shall establish a program to award grants and provide technical assistance to eligible entities for the purpose of establishing youth fishing projects. (b) Applications An eligible entity seeking a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (c) Determinations of eligibility The Secretary shall develop criteria for purposes of determining whether an entity is eligible to receive a grant under this section in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Coastal Management, the National Sea Grant Office, the National Marine Fisheries Service, and the Office of National Marine Sanctuaries. (d) Use of funds An eligible entity that receives a grant award under this section shall use the amount of the award for purposes related to conducting a youth fishing project, including— (1) the purchase or rental of fishing equipment; (2) the cost of transporting participants to and from a youth fishing project; (3) fees associated with boat rental, pier access, or other facilities; (4) fishing license purchases; (5) fishing guide costs; or (6) such other expenses related to conducting a youth fishing project as the Secretary considers appropriate. (e) Priority In awarding grants under this section, the Secretary shall give priority to applications containing proposals for youth fishing projects focused on an underserved community. (f) Report required Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on— (1) the eligible entities awarded grants under this section; (2) the amount each such entity received; (3) how those entities used the grant award; and (4) the number of participants in youth fishing projects funded by grants under this section. (g) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Secretary $2,000,000 for fiscal year 2023 to carry out this section. (2) Availability Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) shall remain available until expended. (3) Administrative costs Not more than 3 percent of amounts appropriated pursuant to the authorization of appropriations under paragraph (1) may be used by the Secretary for the administrative costs of carrying out this section. (h) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a nonprofit organization; (B) an educational institution; (C) a State, local, or Tribal government; or (D) a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 )). (2) Nonprofit organization The term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code. (3) Secretary The term Secretary means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere. (4) State The term State means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States. (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, individually identified (including parenthetically) in the list published most recently as of the date of the enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (6) Underserved community The term underserved community means a population of individuals sharing a particular characteristic, or a geographic community, that has been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, such as— (A) racial and ethnic minorities; (B) individuals with access and functional needs; or (C) individuals otherwise adversely affected by persistent poverty or inequality. (7) Youth fishing project The term youth fishing project means a project that provides youth with— (A) a recreational fishing experience conducted from a shore, pier, or boat located in the Great Lakes, coastal waters, ocean waters, or a tidal river; (B) education about marine science, conservation, and fishing regulations; and (C) information on where and how to continue fishing. | https://www.govinfo.gov/content/pkg/BILLS-117s4927is/xml/BILLS-117s4927is.xml |
117-s-4928 | II 117th CONGRESS 2d Session S. 4928 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to expand the ways beryllium sensitivity can be established for purposes of compensation under that Act and to extend the authorization of the Advisory Board on Toxic Substances and Worker Health of the Department of Labor, and for other purposes.
1. Short title This Act may be cited as the Beryllium Testing Fairness Act . 2. Amendments to the Energy Employees Occupational Illness Compensation Program Act of 2000 (a) Modification of demonstration of beryllium sensitivity Section 3621(8)(A) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l(8)(A) ) is amended— (1) by striking established by an abnormal and inserting the following: established by— (i) an abnormal ; (2) by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (ii) three borderline beryllium lymphocyte proliferation tests performed on blood cells. . (b) Extension of Advisory Board on Toxic Substances and Worker Health Section 3687(j) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–16(j) ) is amended by striking 10 years and inserting 15 years . | https://www.govinfo.gov/content/pkg/BILLS-117s4928is/xml/BILLS-117s4928is.xml |
117-s-4929 | II 117th CONGRESS 2d Session S. 4929 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Murphy (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 ensure the consensual donation and respectful disposition of human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation, and for other purposes.
1. Short title This Act may be cited as the Consensual Donation and Research Integrity Act of 2022 . 2. Human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation (a) In general Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 373 the following new section: 373A. Human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation (a) Registration (1) In general A person who acquires or transfers in or affecting interstate commerce a human body or human body part for education, research, or the advancement of medical, dental, or mortuary science (and not for use in human transplantation or for final disposition of a human body or body parts) shall register with the Secretary at such time and in such manner as the Secretary may require. (2) Exception Paragraph (1) does not apply to the Organ Procurement and Transplantation Network under section 372 and any entity that is a member of the Network pursuant to section 121.3 of title 42, Code of Federal Regulations (or any successor regulations) and funeral service professionals in regard to the preparation, transportation, and final disposition of the human body or body parts. (3) Contents of application An applicant for registration or renewal of registration under this section shall submit an application to the Secretary containing such information as the Secretary may by regulation require on the activities to be carried out pursuant to the registration. Unless the Secretary specifies otherwise by regulation, an application shall include— (A) the name of the applicant, including all trade names under which the applicant conducts business; (B) the date on which the applicant first began or will begin commencing activities described in paragraph (1); (C) a list of all addresses at which the applicant conducts business; (D) a description of the premises and equipment used by the applicant; (E) a description of the types of service provided by the applicant; (F) an identification of a representative of the applicant who has attained the age of 18 and has the authority to ensure that the applicant complies with this section; (G) an assurance that the Secretary will be permitted to inspect the premises and records of the applicant at the times and in the manners prescribed under subsection (b); (H) an assurance that the applicant will keep records in accordance with subsection (c); (I) an assurance that the applicant will label and package all human bodies or human body parts in accordance with subsection (d); and (J) an assurance that the applicant will limit the use and disclosure of information in accordance with the regulations promulgated pursuant to subsection (e). (4) Fees (A) Authority The Secretary shall establish a fee for registration under paragraph (1) and renewal under paragraph (5) in an amount in accordance with subparagraph (B). (B) Amount The Secretary shall determine the amount of the fees authorized by subparagraph (A) on an annual basis based on the projected cost of implementing and enforcing this section, including the cost of inspections under subsection (b). (C) Collections and appropriations acts The fees authorized by subparagraph (A) shall be available for obligation only to the extent and in the amounts provided in advance in appropriations Acts. (5) Registration renewal The Secretary shall require that the registration of a registrant be renewed by such registrant at such intervals as the Secretary determines appropriate. (6) Change of information Not later than 30 days after any change of any information listed in paragraph (3), an applicant or registrant shall notify the Secretary of such change in writing as prescribed by regulation by the Secretary. (b) Inspections The Secretary shall inspect at regular intervals (to be prescribed by the Secretary) the premises described in subsection (a)(3)(D). (c) Record keeping (1) In general A registrant shall maintain a record for each case in which the registrant acquires a human body or human body part. (2) Record requirements A record under paragraph (1) shall contain such information as the Secretary may by regulation require. Unless the Secretary specifies otherwise by regulation, a record under paragraph (1) shall include the following: (A) Documentation that the donor has knowingly consented to the transfer of the human body or human body part (not for use in transplantation) involved for education, research, or the advancement of medical, dental, or mortuary science in accordance with all applicable laws pertaining to the disposition of human remains. (B) Documentation that the donor has been informed of the obligation of the registrant under subsection (e) to dispose of the human body or human body part. (C) The date and time of the donation or transfer from the donor. (D) The name of the person, including any trade or business name, who transferred the human body or human body part to the registrant, if applicable. (E) The full name and most recent address of the donor. (F) A description of the human body or human body part being acquired or transferred. (G) The medical history of the donor, including the autopsy report if an autopsy was conducted. (H) The identity and address of each person that has been in possession of the human body or human body part prior to the registrant, including any funeral home, coroner, hospital, organ procurement organization, or tissue bank. (I) Documentation of the use and disposition of each human body or human body part by the registrant. (J) Documentation of the name and address of each person to whom the registrant transfers such human body or human body part. (d) Labeling and packaging (1) In general A registrant shall ensure that all human bodies and human body parts in the possession of, or transferred by, a registrant are labeled and packaged in accordance with paragraphs (2) and (3) and that a proper chain of custody is maintained. (2) Labeling requirements (A) Placement The labeling required by paragraph (1) shall be affixed beneath the outer packaging. (B) Contents The labeling required by paragraph (1) shall contain such information as the Secretary may by regulation require consistent with any applicable Federal privacy provisions. Unless the Secretary specifies otherwise by regulation, a label under paragraph (1) shall include the following: (i) The proper name of the donor. (ii) A description of the contents of the packaging, indicating whether it is a human body or human body parts, including a list of all such parts. (iii) The name, address, and any applicable license or registration number of the person transferring the human body or human body part. (iv) The tissue types of the human body or human body part. (v) The cause of death of the donor, if applicable and known. (vi) Serological test results, if any such results exist. (vii) Record of the presence of radioactive materials or implants. (viii) Any known infectious disease agents of such human body or human body part. (ix) A statement about the use of personal protective equipment and universal precautions when handling a human body or human body part as required by law. (x) The statement not for transplantation . (3) Packaging requirements Each human body or human body part described in paragraph (1) shall be wrapped and packaged in such manner as the Secretary may by regulation require. Unless the Secretary specifies otherwise by regulation, each such human body or human body part shall be wrapped and packaged in a manner that— (A) mitigates potential contamination and cross contamination; (B) mitigates potential safety hazards; (C) is sealed to prevent leakage; and (D) ensures the integrity of the human body or human body part. (e) Limitations on use and disclosure of information Individually identifiable information relating to the donor of a human body or human body part acquired or transferred pursuant to a registration under this section shall be used and disclosed only for such purposes (including the return of remains for burial) as the Secretary may explicitly authorize by regulation. (f) Disposition The registrant shall ensure the proper disposition of a human body or human body part, in accordance with applicable Federal and State law, by— (1) returning the human body or human body part to a relative or personal representative of the donor or carrying out the disposition of such human body or human body part in accordance with the written instructions of the person or persons with the right to control the disposition of the human body or body parts; or (2) if the registrant is transferring the human body or human body part to another person, contracting with such person to assume the obligation described in paragraph (1). (g) Violations (1) In general Any person who violates a requirement of this section shall be fined in accordance with title 18, United States Code. (2) Revocation of registration The Secretary may suspend or revoke the registration of any registrant found to be in violation of this section. (3) Alteration or falsification of label It shall be a violation of this section for any person to alter or falsify any information in a label required by subsection (d). (h) Definitions In this section: (1) Donor The term donor means a person who has knowingly consented in accordance with applicable law to the transfer of such person’s deceased body or deceased or living body part (not for use in transplantation) for education, research, or the advancement of medical, dental, or mortuary science. (2) Education The term education means the use of a human body or body parts for teaching or training individuals, including medical, dental, or mortuary science students or professionals, with regard to the anatomy and characteristics of the human body, disease detection, and such other uses as may be specified by the Secretary by regulation. (3) Human body The term human body means a deceased human body. (4) Human body part The terms human body part or body part mean an organ, tissue, eye, bone, blood vessel or any other portion of a deceased or living human body that is subject to an anatomical gift or other transfer made pursuant to State law, but do not include— (A) blood drawn for medical purposes; or (B) a growing cell line. (5) Research The term research does not include an autopsy or examination, conducted as part of a criminal investigation. . (b) Rule of applicability The amendments made by this section shall apply with respect to any acquisition or transfer of a human body or human body parts after the date that is 2 years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4929is/xml/BILLS-117s4929is.xml |
117-s-4930 | II 117th CONGRESS 2d Session S. 4930 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Peters introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes.
1. Short title This Act may be cited as the Federal Contracting for Peace and Security Act . 2. Federal contracting for peace and security (a) Purpose It is the policy of the Federal Government not to conduct business with companies that undermine United States national security interests by continuing to operate in the Russian Federation during its ongoing war of aggression against Ukraine. (b) Contracting prohibition (1) Prohibition The head of an executive agency may not enter into, extend, or renew a covered contract with a company that continues to conduct business operations in territory internationally recognized as the Russian Federation during the covered period. (2) Exceptions (A) Good faith exemption The Office of Management and Budget, in consultation with the General Services Administration, may exempt a contractor from the prohibition in paragraph (1) if the contractor has— (i) pursued and continues to pursue all reasonable steps in demonstrating a good faith effort to comply with the requirements of this Act; and (ii) provided to the executive agency a reasonable, written plan to achieve compliance with such requirements. (B) Permissible operations The prohibition in paragraph (1) shall not apply to business operations in Russia authorized by a license issued by the Office of Foreign Assets Control or the Bureau of Industry and Security or is otherwise allowed to operate notwithstanding the imposition of sanctions or export controls. (C) American diplomatic mission in russia The prohibition in paragraph (1) shall not apply to contracts related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Russia. (D) Individual contracts The prohibition under paragraph (1) shall not apply to any contract that is any of the following: (i) For the benefit, either directly or through the efforts of regional allies, of the country of Ukraine. (ii) For humanitarian purposes to meet basic human needs. (3) National security and public interest waivers (A) In general The head of an executive agency is authorized to waive the prohibition under paragraph (1) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is for the national security of the United States or in the public interest of the United States, and includes in such certification a justification for the waiver and description of the contract to which the waiver applies. The authority in this subparagraph may not be delegated below the level of the senior procurement executive of the agency. (B) Congressional notification The head of an executive agency shall, not later than 7 days before issuing a waiver described in subparagraph (A), submit to the appropriate congressional committees the certification described in such subparagraph. (4) Emergency rulemaking authority Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the Secretary of Defense, shall promulgate regulations for agency implementation of this Act using emergency rulemaking procedures while considering public comment to the greatest extent practicable, that includes the following: (A) A list of equipment, facilities, personnel, products, services, or other items or activities, the engagement with which would be considered business operations, subject to the prohibition under paragraph (1). (B) A requirement for a contractor or offeror to represent whether such contractor or offeror uses any of the items on the list described in subparagraph (A). (C) A description of the process for determining a good faith exemption described under paragraph (2). (5) Definitions In this section: (A) Appropriate congressional committees The term appropriate congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (B) Business operations (i) In general Except as provided in clauses (ii) and (iii), the term business operations means engaging in commerce in any form, including acquiring, developing, selling, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (ii) Exceptions The term business operations does not include any of the following: (I) Action taken for the benefit of the country of Ukraine. (II) Action serving humanitarian purposes to meet basic human needs, including through a hospital, school, or non-profit organization. (III) The provision of products or services for compliance with legal, reporting, or other requirements of the laws or standards of countries other than the Russian Federation. (IV) Journalistic and publishing activities, news reporting, or the gathering and dissemination of information, informational materials, related services, or transactions ordinarily incident to journalistic and publishing activities. (iii) Exception for suspension or termination actions The term business operations does not include action taken to support the suspension or termination of business operations (as described in clause (i)) for the duration of the covered period, including— (I) an action to secure or divest from facilities, property, or equipment; (II) the provision of products or services provided to reduce or eliminate operations in territory internationally recognized as the Russian Federation or to comply with sanctions relating to the Russian Federation; and (III) activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia through which operations had been conducted. (C) Covered contract The term covered contract means a prime contract entered into by an executive agency with a company conducting business operations in territory internationally recognized as the Russian Federation during the covered period. (D) Covered period The term covered period means the period of time beginning 90 days after the date of the enactment of this Act and ending on a date that is determined by the Secretary of State based on steps taken by the Russian Federation to restore the safety, sovereignty, and condition of the country of Ukraine, or 10 years after the date of the enactment of this Act, whichever is sooner. (E) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s4930is/xml/BILLS-117s4930is.xml |
117-s-4931 | II 117th CONGRESS 2d Session S. 4931 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Rounds (for himself, Mr. Hoeven , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To require reforms to programs of the Natural Resources Conservation Service, and for other purposes.
1. Short title This Act may be cited as the NRCS Wetland Compliance and Appeals Reform Act . 2. Natural Resources Conservation Service reforms (a) Permissibility of the removal of woody vegetation Section 1221(d) of the Food Security Act of 1985 ( 16 U.S.C. 3821(d) ) is amended by adding at the end the following: (3) Permissibility of the removal of woody vegetation The removal of woody vegetation, including stumps, shall not be considered to be an activity that is for the purpose, or that has the effect, of making the production of an agricultural commodity possible under paragraph (1). . (b) Prohibition on retroactive penalties Section 1221 of the Food Security Act of 1985 ( 16 U.S.C. 3821 ) is amended by adding at the end the following: (g) Prohibition on retroactive penalties The Secretary may not determine a person to be in violation of this section for the production of an agricultural commodity on, or the conversion of, a wetland that, at the time of that production or conversion, as applicable, the Secretary had not delineated, determined, and certified to be a wetland in accordance with section 1222. . (c) Burden of proof Section 1221 of the Food Security Act of 1985 ( 16 U.S.C. 3821 ) (as amended by subsection (b)) is amended by adding at the end the following: (h) Burden of proof The Secretary shall bear the burden of proving, by clear and convincing evidence, that a person is in violation of this section, including— (1) in a case in which there is a lack of evidence to determine such a violation; and (2) the burden of proving, by clear and convincing evidence, that evidence offered to prove that a person is not in violation of this section is unreliable. . (d) Prohibition on using new rationale for wetland determinations previously refuted Section 1222(a) of the Food Security Act of 1985 ( 16 U.S.C. 3822(a) ) is amended by adding at the end the following: (7) Prohibition on using new rationale for wetland determinations previously refuted If a person successfully appeals a final wetland determination at the National Appeals Division, the Secretary may not subsequently make a determination that the wetland exists based on a rationale that was not used for the determination that was successfully appealed at the National Appeals Division. . (e) Appeal process for nonaccepted review of wetland certification requests Section 1222(a) of the Food Security Act of 1985 ( 16 U.S.C. 3822(a) ) (as amended by subsection (d)) is amended by adding at the end the following: (8) Appeal process for nonaccepted review of wetland certification requests The Secretary shall develop an appeal process for requests for the review of wetland certifications that are not accepted by a State office of the Natural Resources Conservation Service, which shall include a right for the person bringing the appeal to demand that the Secretary conduct an on-site visit in accordance with subsection (c). . (f) Requirement relating to preliminary wetland determinations Section 1222(c) of the Food Security Act of 1985 ( 16 U.S.C. 3822(c) ) is amended by adding at the end the following: (3) Requirement relating to preliminary wetland determinations The Secretary may not rely solely on 1 on-site visit described in paragraph (1) to determine that the hydrologic criteria for the determination that a wetland exists are satisfied. . (g) Customer satisfaction survey Subtitle C of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3821 et seq. ) is amended by adding at the end the following: 1225. Customer satisfaction survey (a) Purposes The purposes of this section are— (1) to improve customer service at the Natural Resources Conservation Service relating to the administration of this subtitle; (2) to identify areas of satisfaction of customers in interacting with the Natural Resources Conservation Service in the administration of this subtitle; (3) to identify areas of customer service at the Natural Resources Conservation Service in need of improvement due to dissatisfaction of customers in interacting with the Natural Resources Conservation Service in the administration of this subtitle; and (4) to address corrective measures and initiate positive change in customer service at the Natural Resources Conservation Service relating to the administration of this subtitle. (b) Option To participate in survey The Secretary shall offer to each individual who interacts with the Natural Resources Conservation Service in the administration of this subtitle the option to participate in a survey described in subsection (c). (c) Surveys The Secretary shall enter into an agreement with an independent survey company, under which the independent survey company shall provide the following services: (1) Send, by email or mail, a customer satisfaction survey to each individual who interacts with the Natural Resources Conservation Service in the administration of this subtitle and indicates to the Secretary a desire to participate in the survey on being offered the option to participate under subsection (b) after any of the following occurs: (A) The Secretary completes a final wetland determination, including a final technical determination, relating to land of the individual. (B) Appeals to the Farm Service Agency with respect to a wetland determination are exhausted. (C) An appeal is made with respect to a wetland determination to a National Appeals Division officer. (D) An appeal is made with respect to a wetland determination to the Director of the National Appeals Division. (E) The Secretary completes a review of a prior certification of a wetland determination. (F) The individual has any other interaction with the Natural Resources Conservation Service, as the Secretary determines to be appropriate. (2) Receive responses to the surveys from the individuals to which the surveys are sent under paragraph (1). (3) Each month— (A) compile the responses to the surveys received under paragraph (2); and (B) submit a report describing the compiled responses to— (i) the applicable State Conservationist; (ii) the congressional delegation of each applicable State; (iii) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (iv) the Committee on Agriculture of the House of Representatives; (v) the applicable State department of agriculture; and (vi) the Secretary. . (h) State oversight committees Subtitle C of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3821 et seq. ) (as amended by subsection (g)) is amended by adding at the end the following: 1226. State oversight committees (a) In general The Secretary shall establish an oversight committee for each State in which appeals of wetland determinations under this subtitle are made. (b) Composition Each State oversight committee shall be composed of— (1) 2 private, active farmers or ranchers appointed by the Secretary; and (2) 1 private, active farmer or rancher appointed by the State department of agriculture. (c) Terms A member of a State oversight committee— (1) shall be appointed for a term of 5 years; and (2) may serve for not more than 2 terms. (d) Duties Each State oversight committee shall have the following duties: (1) Review the following appeals of wetland determinations under this subtitle in the applicable State: (A) Appeals of preliminary wetland determinations. (B) Appeals of final wetland determinations. (C) Wetland determination appeals to the county Farm Service Agency committee. (D) Wetland determination appeals for State Conservationist review. (E) Requests for wetland determination mediation. (F) Wetland determination appeals to the National Appeals Division. (G) Wetland determination appeals to the Director of the National Appeals Division. (2) Review all requests for a review of a prior certification of a wetland determination under this subtitle. (3) Submit a report describing findings of fact and recommendations for change and improvement with respect to each review under paragraphs (1) and (2) to— (A) the State Conservationist; (B) the Chief of the Natural Resources Conservation Service; (C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (D) the Committee on Agriculture of the House of Representatives. (e) Assistance A State oversight committee may procure assistance in carrying out the duties under subsection (d) from— (1) a consultant; and (2) a legal services provider. . (i) Reforms to appeals processes The Secretary of Agriculture shall— (1) require National Appeals Division judges and agency heads of the Department of Agriculture to receive retraining on providing a fair and balanced hearing; (2) provide to a person the entire record or decisional documentation relating to an allegation of the Secretary that the person is in violation of section 1221 of the Food Security Act of 1985 ( 16 U.S.C. 3821 ) at the time the Secretary makes the allegation; (3) allow a person (or counsel of the person) to call technical staff of the Natural Resources Conservation Service as a witness in an appeal brought by the person relating to a delineation, determination, or certification of a wetland under section 1222 of that Act ( 16 U.S.C. 3822 ); (4) in an appeal described in paragraph (3), accept evidence provided by the person bringing the appeal as reliable absent substantial evidence that the evidence provided by the person is not reliable; and (5) compensate a person for fees and expenses, including legal fees, when the person successfully appeals a delineation, determination, or certification described in paragraph (3) and has incurred legal costs as a result of the overturned delineation, determination, or certification, as applicable. (j) Regulations Section 1246(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3846(b)(2) ) is amended— (1) by striking (2) shall and inserting the following: (2) (A) except as provided in subparagraph (B), shall ; (2) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (B) shall be promulgated in accordance with section 553 of title 5, United States Code, in the case of— (i) subtitles B and C; (ii) section 1201, to the extent that section defines a term that appears in, or otherwise relates to, subtitle B or C; and (iii) subtitle E, to the extent that subtitle relates to subtitle B or C. . (k) Prohibition of permanent easements Notwithstanding any other provision of law, the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service, may not acquire any permanent easement. | https://www.govinfo.gov/content/pkg/BILLS-117s4931is/xml/BILLS-117s4931is.xml |
117-s-4932 | II 117th CONGRESS 2d Session S. 4932 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Padilla (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the American Music Fairness Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Equitable treatment for terrestrial broadcasts and internet services. Sec. 3. Timing of proceedings under sections 112(e) and 114(f). Sec. 4. Special protection for small broadcasters. Sec. 5. Distribution of certain royalties. Sec. 6. No harmful effects on songwriters. Sec. 7. Value of promotion taken into account. 2. Equitable treatment for terrestrial broadcasts and internet services (a) Performance right applicable to audio transmissions generally Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: (6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission. . (b) Inclusion of terrestrial broadcasts in existing performance right and statutory license Section 114(d)(1) of title 17, United States Code, is amended— (1) in the matter preceding subparagraph (A), by striking a digital and inserting an ; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking nonsubscription and inserting licensed nonsubscription . (c) Technical and conforming amendments (1) Definition Section 101 of title 17, United States Code, is amended by inserting after the definition of architectural work the following: An ‘audio transmission’ is a transmission of a sound recording, whether in a digital, analog, or other format. This term does not include the transmission of any audiovisual work. . (2) Conforming removal of digital Title 17, United States Code, is amended— (A) in section 112(e)(8), by striking a digital audio transmission and inserting an audio transmission ; (B) in section 114— (i) in subsection (d)— (I) in paragraph (2)— (aa) in the matter preceding subparagraph (A), by striking subscription digital and inserting subscription ; and (bb) in subparagraph (C)(viii), by striking digital signal and inserting signal ; and (II) in paragraph (4)— (aa) in subparagraph (A), by striking a digital audio transmission and inserting an audio transmission ; and (bb) in subparagraph (B)(i), by striking a digital audio transmission and inserting an audio transmission ; (ii) in subsection (g)(2)(A), by striking a digital and inserting an ; and (iii) in subsection (j)— (I) in paragraph (6)— (aa) by striking digital ; and (bb) by striking retransmissions of broadcast transmissions and inserting broadcast transmissions and retransmissions of broadcast transmissions ; and (II) in paragraph (8), by striking subscription digital and inserting subscription ; and (C) in section 1401— (i) in subsection (b), by striking a digital audio and inserting an audio ; and (ii) in subsection (d)— (I) in paragraph (1), by striking a digital audio and inserting an audio ; (II) in paragraph (2)(A), by striking a digital audio and inserting an audio ; and (III) in paragraph (4)(A), by striking a digital audio and inserting an audio . 3. Timing of proceedings under sections 112( e ) and 114( f ) Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: (D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. Thereafter, such proceeding shall be repeated in each subsequent fifth calendar year. . 4. Special protection for small broadcasters (a) Specified royalty fees Section 114(f)(1) of title 17, United States Code, is amended by inserting at the end the following new subparagraph: (D) (i) Notwithstanding the provisions of subparagraphs (A) through (C), the royalty rate shall be as follows for nonsubscription broadcast transmissions by each individual terrestrial broadcast station licensed as such by the Federal Communications Commission that satisfies the conditions in clause (ii)— (I) $10 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that generated revenue in the immediately preceding calendar year of less than $100,000; (II) $100 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000; and (III) $500 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is not a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000. (ii) An individual terrestrial broadcast station licensed as such by the Federal Communications Commission is eligible for a royalty rate set forth in clause (i) if— (I) the revenue from the operation of that individual station was less than $1,500,000 during the immediately preceding calendar year; (II) the aggregate revenue of the owner and operator of the broadcast station and any person directly or indirectly controlling, controlled by, or under common control with such owner or operator, from any source, was less than $10,000,000 during the immediately preceding calendar year; and (III) the owner or operator of the broadcast station provides to the nonprofit collective designated by the Copyright Royalty Judges to distribute receipts from the licensing of transmissions in accordance with subsection (f), by no later than January 31 of the relevant calendar year, a written and signed certification of the station’s eligibility under this clause and the applicable subclause of clause (i), in accordance with requirements the Copyright Royalty Judges shall prescribe by regulation. (iii) For purposes of clauses (i) and (ii)— (I) revenue shall be calculated in accordance with generally accepted accounting principles; (II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and (III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. (iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements. . (b) Technical correction Section 118(f) of title 17, United States Code, is amended by striking section 397 of title 47 and inserting section 397 of the Communications Act of 1934 ( 47 U.S.C. 397 ) . 5. Distribution of certain royalties Section 114(g) of title 17, United States Code, is amended— (1) in paragraph (1), by inserting or in the case of a transmission to which paragraph (5) applies after this section ; (2) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (3) by inserting after paragraph (4) the following new paragraph: (5) Notwithstanding paragraph (1), to the extent that a license granted by the copyright owner of a sound recording to a transmitting entity eligible for a statutory license under subsection (d)(2) extends to such entity’s transmissions otherwise licensable under a statutory license in accordance with subsection (f), such entity shall pay to the collective designated to distribute statutory licensing receipts from the licensing of transmissions in accordance with subsection (f), 50 percent of the total royalties that such entity is required, pursuant to the applicable license agreement, to pay for such transmissions otherwise licensable under a statutory license in accordance with subsection (f). That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity. . 6. No harmful effects on songwriters Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. 7. Value of promotion taken into account Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station’s service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner’s other streams of revenue from the copyright owner’s sound recordings. | https://www.govinfo.gov/content/pkg/BILLS-117s4932is/xml/BILLS-117s4932is.xml |
117-s-4933 | II 117th CONGRESS 2d Session S. 4933 IN THE SENATE OF THE UNITED STATES September 22, 2022 Ms. Cantwell (for herself and Mrs. Murray ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To take certain land in the State of Washington into trust for the benefit of the Puyallup Tribe of the Puyallup Reservation, and for other purposes.
1. Short title This Act may be cited as the Puyallup Tribe of Indians Land Into Trust Confirmation Act of 2022 . 2. Land to be taken into trust for the benefit of the Puyallup Tribe of the Puyallup Reservation (a) In general The approximately 17.264 acres of land owned in fee by the Puyallup Tribe of the Puyallup Reservation in Pierce County, Washington, and described in subsection (b) is hereby taken into trust by the United States for the benefit of the Puyallup Tribe of the Puyallup Reservation. (b) Land descriptions (1) Parcel 1 Lots 1 to 4, inclusive, Block 85, Map of Tacoma Tidelands, as surveyed and platted by the Board of Appraisers of Tide and Shore Lands for Pierce County, according to Plat filed for record on September 14, 1895, in the Office of the County Auditor, in Tacoma, Pierce County, Washington. (2) Parcel 2 Lots 5 to 9, inclusive, Block 85, Map of Tacoma Tidelands, as surveyed and platted by the Board of Appraisers of Tide and Shore Lands for Pierce County, according to Plat filed for record on September 14, 1895, in the Office of the County Auditor, in Tacoma, Pierce County, Washington. (3) Parcel 3 Parcel A of City of Tacoma Boundary Line Adjustment MPD2011–40000166230, recorded October 12, 2011, under Pierce County Auditor Recording No. 201110125009, as corrected by Affidavit of Minor Correction of Map Recorded September 25, 2012, under Pierce County Auditor Recording No. 201209250440. (c) Administration Land taken into trust under subsection (a) shall be— (1) part of the reservation of the Puyallup Tribe of the Puyallup Reservation; and (2) administered in accordance with the laws and regulations generally applicable to property held in trust by the United States for the benefit of an Indian Tribe. | https://www.govinfo.gov/content/pkg/BILLS-117s4933is/xml/BILLS-117s4933is.xml |
117-s-4934 | II 117th CONGRESS 2d Session S. 4934 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Graham (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit the Secretary of Homeland Security, or any other person, from requiring repayment, recoupment, or offset of certain antidumping duties and countervailing duties paid under section 754 of the Tariff Act of 1930, and for other purposes.
1. Short title This Act may be cited as the Domestic Reinvestment Act of 2022 . 2. Termination of all efforts to clawback payments of certain antidumping duties and countervailing duties (a) In general Notwithstanding any other provision of law, neither the Secretary of Homeland Security nor any other person may— (1) require repayment of, or attempt in any other way to recoup, any payment described in subsection (b); or (2) offset any past, current, or future distributions of antidumping duties or countervailing duties assessed on any imports in an attempt to recoup any payment described in subsection (b). (b) Payments described Payments described in this subsection are payments of antidumping duties or countervailing duties made pursuant to section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 154))) that were— (1) assessed and paid with respect to imports of goods from any country; and (2) distributed on or after January 1, 2001. (c) Payment of funds collected or withheld Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall— (1) refund any repayment or other recoupment of any payment described in subsection (b); and (2) fully distribute any antidumping duties or countervailing duties that the Commissioner of U.S. Customs and Border Protection is withholding as an offset as described in subsection (a)(2). (d) Limitation Nothing in this section shall be construed to prevent the Secretary of Homeland Security, or any other person, from requiring repayment of, or attempting to otherwise recoup, any payment described in subsection (b) as a result of— (1) a finding of false statements, other misconduct, or insufficient verification of a certification by a recipient of such a payment; or (2) the issuance of a refund to an importer or surety pursuant to a settlement, court order, or reliquidation of an entry with respect to which such a payment was made. | https://www.govinfo.gov/content/pkg/BILLS-117s4934is/xml/BILLS-117s4934is.xml |
117-s-4935 | II 117th CONGRESS 2d Session S. 4935 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior and the Secretary of Agriculture to implement measures to better prepare for and more quickly respond to wildfires on certain public land and in certain National Forests.
1. Short title This Act may be cited as the More Hasty Response to Firefighting Act of 2022 . 2. Definitions In this Act: (1) Initial attack The term initial attack means an aggressive action to put a fire out by the first resources to arrive, consistent with firefighter and public safety and values to be protected. (2) National forest The term National Forest means a unit of the National Forest System located west of the 100th meridian. (3) Public land The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (4) Qualifying unit The term qualifying unit means a National Forest or unit of public land for which the Secretary concerned has developed potential operational delineations for wildfires. (5) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to a National Forest; and (B) the Secretary of the Interior, with respect to public land. 3. Notification and training (a) In general With respect to each qualifying unit, the Secretary concerned shall— (1) notify each person who is authorized to carry out timber harvesting work or vegetation management work within the boundaries of the qualifying unit of— (A) the strategic response zone in which the contractor is authorized to carry out the work; (B) the potential-fire response strategy developed for that strategic response zone; (C) each training offered under paragraph (2); and (D) the financial incentive established under paragraph (3) for attending that training; (2) in coordination with the National Wildfire Coordinating Group, offer a 1-day training in the vicinity of that qualifying unit each fiscal year, beginning with fiscal year 2024, in basic firefighting safety and resource protection, specifically for persons who routinely carry out timber harvesting work or vegetation management work; and (3) provide, not more frequently than once per fiscal year for fiscal year 2024 and each fiscal year thereafter, $1,000 to each company described in subsection (b). (b) Company described A company referred to in subsection (a)(3) is a company— (1) to which the Administrator of General Services has assigned a Unique Entity Identifier; (2) that— (A) has placed not fewer than 1 bid to carry out timber harvesting work or vegetation management work within the boundaries of a qualifying unit during the previous fiscal year; or (B) is authorized to carry out timber harvesting work or vegetation management work within the boundaries of a qualifying unit during that fiscal year; (3) each of the employees of which that may carry out timber harvesting work or vegetation management work within the boundaries of a qualifying unit attends a training offered under subsection (a)(2); and (4) that submits to the Secretary concerned a certification of attendance described in paragraph (3) at such time and in such manner as the Secretary concerned may prescribe. 4. Initial attack of wildfires by trained persons (a) In general Notwithstanding any other provision of law (including regulations), on discovery of a wildfire within the boundaries of a qualifying unit by a person described in subsection (b), the person may undertake initial attack within the qualifying unit on the wildfire, including suppressing, containing, or extinguishing the wildfire, if— (1) the person has completed a training offered under section 3(a)(2) or a similar training, as determined by the Secretary concerned; (2) the total area burned by the wildfire is approximately 5 acres or less in size; and (3) the initial attack on the wildfire is consistent with the potential-fire response strategy for the strategic response zone in which the wildfire is occurring. (b) Person described A person referred to in subsection (a) is— (1) a person described in section 3(a)(1); (2) a landowner who— (A) owns not fewer than 1,000 acres of land adjacent to a qualifying unit; and (B) routinely carries out timber harvesting work or vegetation management work; or (3) an employee of a landowner described in paragraph (2) the employment of whom relates to timber harvesting work or vegetation management work on the land described in that paragraph. (c) Notification requirement If a person undertakes an initial attack authorized under subsection (a), the person, to the maximum extent practicable, shall immediately— (1) alert the local emergency dispatch center; and (2) notify the Secretary concerned of— (A) the location of the wildfire; and (B) the initial attack being undertaken. (d) Reimbursement of costs The Secretary concerned shall not provide reimbursement or compensation to a person for undertaking an initial attack authorized under subsection (a). (e) Liability (1) Liability of persons A person undertaking an initial attack authorized under subsection (a) shall not be subject to enforcement, civil or criminal penalties, citizen suits, or any other liability (including any liability for response costs, damage to natural resources, or contribution) for undertaking the initial attack. (2) Liability of the Federal Government The Secretary concerned shall not be liable for an initial attack undertaken by a person pursuant to subsection (a). (3) Savings clause Nothing in paragraph (1) limits the liability of— (A) any person not authorized to undertake an initial attack under subsection (a); (B) a person that was responsible for starting the applicable fire; or (C) a person described in section 3(a)(1) that was not in compliance with the terms of the authorization to carry out timber harvesting work or vegetation management work provided by the Secretary concerned. 5. Fire prevention measures As part of an authorization to carry out timber harvesting work or vegetation management work within the boundaries of a qualifying unit, the Secretary concerned shall— (1) establish and operate a decision support tool, to be known as a project activity level , to support regulation for fire prevention purposes of an authorized party carrying out timber harvesting work or vegetation management work within the boundaries of the qualifying unit; and (2) require the authorized party to have appropriate personnel, tools, and equipment onsite and immediately available for suppressing operations fires, negligent fires, and other fires in the work area. 6. State and local agency response (a) In general The Secretary concerned may— (1) authorize any State or local firefighting agency to undertake initial attack on a wildfire described in subsection (b), including suppressing, containing, or extinguishing the wildfire, without further approval by the Secretary concerned, if consistent with the potential-fire response strategy for the strategic response zone in which the wildfire is occurring; and (2) enter into partnerships with State and local firefighting agencies to dispatch multiple firefighting resources located near a wildfire described in subsection (b) to undertake initial attack on the wildfire, including suppressing, containing, or extinguishing the wildfire, if consistent with the potential-fire response strategy for the strategic response zone in which the wildfire is occurring. (b) Wildfire described A wildfire referred to in subsection (a) is a wildfire that— (1) is located within the boundaries of a qualifying unit; and (2) has burned not more than approximately 10 acres. | https://www.govinfo.gov/content/pkg/BILLS-117s4935is/xml/BILLS-117s4935is.xml |
117-s-4936 | II 117th CONGRESS 2d Session S. 4936 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a National Council on African American History and Culture within the National Endowment for the Humanities, and for other purposes.
1. Short title This Act may be cited as the National Council on African American History and Culture Act of 2022 . 2. Council on African American history and culture (a) Establishment There is established in the National Endowment for the Humanities a National Council on African American History and Culture (referred to in this section as the Council ). (b) Membership (1) Number and appointment The Council shall be composed of 12 members appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications The members of the Council shall be individuals who— (A) are selected from among private citizens of the United States who are recognized for their broad knowledge of, expertise in, or commitment to the preservation and celebration of African-American history and culture; (B) are not currently employees of the Federal Government; and (C) have established records of distinguished service, scholarship, or creativity. (3) Considerations In appointing members to the Council under paragraph (1), the President— (A) shall give due regard to equitable representation of women, people of color, and individuals with disabilities who are involved in the humanities; and (B) shall select such members in a manner that ensures a comprehensive representation of the views of scholars and professional practitioners in the humanities and of the public throughout the United States. (4) Chairperson; vice chairperson The Chairperson and Vice Chairperson of the Council shall be designated by the President from among the members of the Council. The Vice Chairperson shall act as Chairperson in the absence of the Chairperson. (5) Term of office; vacancies; reappointment (A) In general Each member shall be appointed for a term of 5 years, except as provided in subparagraphs (B) and (C). (B) Terms of initial appointees As designated by the President at the time of the appointment, of the members first appointed to the Council under paragraph (1)— (i) 6 shall be appointed for terms of 3 years; and (ii) 6 shall be appointed for terms of 5 years. (C) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. (D) Reappointment No member shall be eligible for reappointment during the 2-year period following the expiration of such member’s term. (6) Basic pay (A) Rates of pay Members shall receive compensation at a rate of 50 percent of the daily rate of the highest rate of basic pay payable for the senior-level positions classified above GS–15 pursuant to section 5108 of title 5, United States Code, for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Council. (B) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter 1 of chapter 57 of title 5, United States Code. (7) Quorum Nine members of the Council shall constitute a quorum. The Council cannot hold hearings without a full quorum. (8) Meetings The Council shall meet at the call of the Chairperson but not less frequently than twice during each calendar year. (c) Duties The duties of the Council shall be— (1) to prepare an annual report to be submitted to the Chairperson of the National Endowment for the Humanities on the work of the National Endowment to preserve and celebrate African-American history and culture; (2) to gather timely and authoritative information concerning historical developments and cultural trends in African-American history and culture, as well as to monitor the work of museums and organizations dedicated to the preservation of African-American history and culture, and to analyze and interpret such information for the purpose of determining whether national policy is necessary to further support those efforts; (3) to evaluate the various programs and activities of the National Endowment for the Humanities for the purpose of determining the extent to which such programs and activities are contributing, and the extent to which they are not contributing, to the successful preservation and celebration of African-American history and culture, and to make recommendations to the President with respect to such programs and activities; (4) to develop and recommend to the Chairperson national policies to foster and promote the understanding of African-American history, the preservation of African-American culture, and the celebration of African Americans as contributors to the country’s economic, cultural, and political success; and (5) to make and furnish such studies, reports thereon, and recommendations with respect to matters of cultural preservation and African-American history as the Chairperson may request. (d) Applicability of FACA Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.; relating to termination of advisory committees) shall not apply to the Council. (e) Termination The Council shall terminate 10 years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4936is/xml/BILLS-117s4936is.xml |
117-s-4937 | II 117th CONGRESS 2d Session S. 4937 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Rubio (for himself, Mr. Durbin , Ms. Collins , Mr. Kaine , Mr. Portman , Mr. Van Hollen , Mr. Cornyn , Mr. Leahy , Mr. Graham , Mr. Cardin , Mr. Whitehouse , Mr. Coons , Ms. Duckworth , Mr. Casey , Ms. Baldwin , Mr. King , Ms. Ernst , Mrs. Feinstein , Mr. Booker , Mrs. Gillibrand , Mr. Merkley , Mrs. Murray , Mr. Sanders , Mr. Blumenthal , Mr. Reed , Mr. Markey , Mrs. Shaheen , Mr. Hickenlooper , Mr. Warnock , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit the United States Government from recognizing the Russian Federation’s claim of sovereignty over any portion of the sovereign territory of Ukraine, and for other purposes.
1. Short title This Act may be cited as the Non-Recognition of Russian Annexation of Ukrainian Territory Act . 2. Prohibition against United States recognition of the Russian Federation’s claim of sovereignty over any portion of Ukraine (a) Statement of policy It is the policy of the United States not to recognize the Russian Federation’s claim of sovereignty over any portion of the internationally recognized territory of Ukraine, including its airspace and its territorial waters. (b) Prohibition In accordance with subsection (a), no Federal department or agency may take any action or extend any assistance that implies recognition of the Russian Federation’s claim of sovereignty over any portion of the internationally recognized territory of Ukraine, including its airspace and its territorial waters. | https://www.govinfo.gov/content/pkg/BILLS-117s4937is/xml/BILLS-117s4937is.xml |
117-s-4938 | II 117th CONGRESS 2d Session S. 4938 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Rubio (for himself, Mrs. Blackburn , Mrs. Fischer , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to require that online contributions to a political organization require a credit verification value.
1. Short title This Act may be cited as the Codification of Verified Values Act or the CVV Act . 2. CVV requirement for online contributions to political organizations (a) In general Section 527 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (m) CVV requirement for online contributions An organization shall not be treated as an organization described in this section unless, in the case of any Internet credit card contribution accepted by such organization, the individual or entity making such contribution is required, at the time such contribution is made, to disclose the credit verification value of such credit card. . (b) Effective date The amendment made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4938is/xml/BILLS-117s4938is.xml |
117-s-4939 | II 117th CONGRESS 2d Session S. 4939 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Thune (for himself, Mr. Cassidy , Mr. Daines , and Mr. Toomey ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to prevent double dipping between tax credits and grants or loans for clean vehicle manufacturers.
1. Short title This Act may be cited as the Ending Duplicative Subsidies for Electric Vehicles Act . 2. Coordination of electric vehicle credits with other subsidies (a) In general Section 30D(d)(3) of the Internal Revenue Code of 1986, as amended by Public Law 117–169 , is amended by adding at the end the following new sentence: Such term shall not include any person who has received a loan under section 136(d) of the Energy Independence and Security Act of 2007, a loan guarantee under section 1703 of the Energy Policy Act of 2005 with respect to a project described in section 1703(b)(8) of such Act, or a grant under section 50143 of the Act titled An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14 for the taxable year in which the new clean vehicle is placed in service or any prior taxable year. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4939is/xml/BILLS-117s4939is.xml |
117-s-4940 | II 117th CONGRESS 2d Session S. 4940 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Daines (for himself, Mr. Risch , Mr. Crapo , Mr. Cassidy , Mr. Scott of Florida , Mrs. Capito , Mr. Braun , Mr. Barrasso , Mr. Sullivan , Mr. Marshall , Mr. Cramer , Mr. Rounds , Mr. Inhofe , Ms. Lummis , Mr. Thune , Mr. Cotton , Mr. Hoeven , Mr. Tillis , Mrs. Hyde-Smith , Mr. Wicker , Mrs. Fischer , Mrs. Blackburn , and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To prohibit the Secretary of the Interior and the Secretary of Agriculture from prohibiting the use of lead ammunition or tackle on certain Federal land or water under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture, and for other purposes.
1. Short title This Act may be cited as the Protecting Access for Hunters and Anglers Act of 2022 . 2. Protecting access for hunters and anglers on Federal land and water (a) In general Except as provided in section 20.21 or 20.108 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act), and subsection (b), the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service or the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the applicable Secretary ), may not— (1) prohibit the use of lead ammunition or tackle on Federal land or water that is— (A) under the jurisdiction of the applicable Secretary; and (B) made available for hunting or fishing activities; or (2) issue regulations relating to the level of lead in ammunition or tackle to be used on Federal land or water described in paragraph (1). (b) Exception Subsection (a) shall not apply to a prohibition or regulations described in that subsection that are limited to a specific unit of Federal land or water, if the applicable Secretary determines that— (1) a decline in wildlife population at the specific unit of Federal land or water is primarily caused by the use of lead in ammunition or tackle, based on the field data from the specific unit of Federal land or water; and (2) the prohibition or regulations, as applicable, are— (A) consistent with the law of the State in which the specific Federal land or water is located; (B) consistent with an applicable policy of the fish and wildlife department of the State in which the specific Federal land or water is located; or (C) approved by the applicable fish and wildlife department of the State in which the specific Federal land or water is located. (c) Federal register notice The applicable Secretary shall include in a Federal Register notice with respect to any prohibition or regulations that meet the requirements of paragraphs (1) and (2) of subsection (b) an explanation of how the prohibition or regulations, as applicable, meet those requirements. | https://www.govinfo.gov/content/pkg/BILLS-117s4940is/xml/BILLS-117s4940is.xml |
117-s-4941 | II 117th CONGRESS 2d Session S. 4941 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. King (for himself, Ms. Ernst , Ms. Smith , and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Trade Act of 1978 to extend and expand the Market Access Program and the Foreign Market Development Cooperator Program.
1. Short title This Act may be cited as the Cultivating Revitalization by Expanding American Agricultural Trade and Exports Act of 2022 or the CREAATE Act of 2022 . 2. Findings Congress finds that— (1) between 1977 and 2019, the export promotion programs of the Department of Agriculture— (A) have added an average of $9,600,000,000 annually to the value of United States agricultural exports, equal to a total of nearly $648,000,000,000, or 13.7 percent, in additional export revenue; and (B) have generated a net return of $24.50 for every dollar invested; (2) between 2002 and 2019, the export promotion programs of the Department of Agriculture— (A) have contributed to the creation of up to 225,800 full- and part-time jobs across the United States economy; and (B) have added up to $45,000,000,000 in gross economic output and $22,300,000,000 in gross domestic product; (3) communities across the United States producing agricultural commodities as varied as apples, cotton, beef, soybeans, rice, wheat, dairy, corn, citrus, wine, pork, peanuts, cranberries, lentils, tree nuts, timber, poultry, potatoes, and seafood have utilized the export promotion programs of the Department of Agriculture to increase access to foreign markets; (4) private sector contributions have helped maintain the public-private partnership between the Department of Agriculture and private agricultural groups as available funds from the Department of Agriculture have declined, with private contributions representing approximately 70 to 77 percent of the funds available for export promotion from 2013 to 2019; (5) foreign competitors have expanded their agricultural export promotion programs at a far faster rate than the United States, placing United States producers at a competitive disadvantage in international markets; (6) the economic impact of the export promotion programs of the Department of Agriculture has eroded in recent years, as funding for the Market Access Program has remained static since 2006 and funding for the Foreign Market Development Cooperator Program has remained static since 2002, while inflation has increased; and (7) a recent academic analysis found that doubling public funding for the Market Access Program and the Foreign Market Development Cooperator Program, coupled with increasing private contributions ranging from 10 to 20 percent, would result in average annual gains in agricultural exports of approximately $7,400,000,000. 3. Agricultural trade promotion and facilitation Section 203(f) of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5623(f) ) is amended— (1) in paragraph (2)— (A) by striking 2019 through 2023 and inserting 2024 through 2029 ; and (B) by striking $255,000,000 and inserting $489,500,000 ; and (2) in paragraph (3)(A)— (A) in the matter preceding clause (i), by striking 2019 through 2023 and inserting 2024 through 2029 ; (B) in clause (i), by striking $200,000,000 and inserting $400,000,000 ; and (C) in clause (ii), by striking $34,500,000 and inserting $69,000,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s4941is/xml/BILLS-117s4941is.xml |
117-s-4942 | II 117th CONGRESS 2d Session S. 4942 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Southwest Forest Health and Wildfire Prevention Act of 2004 to require the establishment of an additional Institute under that Act.
1. Short title This Act may be cited as the Watershed Restoration Initiative Act of 2022 . 2. Additional Institute (a) In general Section 5(b)(2) of the Southwest Forest Health and Wildfire Prevention Act of 2004 ( 16 U.S.C. 6704(b)(2) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) the State of Utah. . (b) Conforming amendment Section 5(e)(1) of the Southwest Forest Health and Wildfire Prevention Act of 2004 ( 16 U.S.C. 6704(e)(1) ) is amended by striking and Colorado and inserting Colorado, and Utah . | https://www.govinfo.gov/content/pkg/BILLS-117s4942is/xml/BILLS-117s4942is.xml |
117-s-4943 | II 117th CONGRESS 2d Session S. 4943 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Rubio (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a moratorium on energy development in certain areas of the Gulf of Mexico, and for other purposes.
1. Short title This Act may be cited as the Preserving the Gulf Test Range to Ensure Military Readiness Act . 2. Moratorium on energy development in certain areas of Gulf of Mexico (a) Definitions In this section: (1) Military Mission Line The term Military Mission Line has the meaning given the term in section 102 of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ). (2) Secretary The term Secretary means the Secretary of the Interior. (b) Moratorium Effective during the period beginning on the date of enactment of this Act and ending on June 30, 2032, the Secretary shall not offer for leasing, preleasing, or any related activity for energy development of any kind— (1) any area east of the Military Mission Line in the Gulf of Mexico; or (2) any area of the outer Continental Shelf described in subparagraph (A), (B), or (C) of paragraph (2) of subsection (d), if oil, gas, wind, or any other form of energy exploration, leasing, or development in that area has been identified in a report under that subsection as having any adverse effect on the national security of the United States or the military readiness or testing capabilities of the Department of Defense. (c) Environmental exceptions Notwithstanding subsection (b), the Secretary may issue leases in areas described in that subsection for environmental conservation purposes, including the purposes of shore protection, beach nourishment and restoration, wetlands restoration, and habitat protection. (d) Reports (1) In general Not later than 180 days after the date of enactment of this Act, and not later than June 30, 2031, the Secretary of Defense shall submit to the Committees on Appropriations and Armed Services of the Senate and the Committees on Appropriations and Armed Services of the House of Representatives a report that describes the impact of oil, gas, wind, and any other form of energy exploration, leasing, or development in areas of the outer Continental Shelf described in paragraph (2) on the national security of the United States and the military readiness and testing capabilities of the Department of Defense. (2) Areas described The areas of the outer Continental Shelf referred to in paragraph (1) are the following: (A) Any area west of the Military Mission Line in the Gulf of Mexico. (B) The South Atlantic Planning Area. (C) The Straits of Florida Planning Area. | https://www.govinfo.gov/content/pkg/BILLS-117s4943is/xml/BILLS-117s4943is.xml |
117-s-4944 | II 117th CONGRESS 2d Session S. 4944 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Burr (for himself, Mr. Manchin , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the operation and establishment of, and procurement of supplies for, firewood banks, and for other purposes.
1. Short title This Act may be cited as the Firewood Banks Act of 2022 . 2. Definitions In this Act: (1) Cooperating party The term cooperating party means a State, local, or Tribal government, a nonprofit organization, or a cooperative. (2) Federal land The term Federal Land means— (A) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); (B) trust land (as defined in section 3765 of title 38, United States Code); and (C) National Forest System land. (3) Firewood bank The term firewood bank means a site— (A) at which firewood is collected, processed, or stored; and (B) that is used by a cooperating party to distribute firewood to low-income or disabled individuals for personal, residential use. (4) Secretaries The term Secretaries means— (A) the Secretary of Energy; (B) the Secretary of the Interior; and (C) the Secretary of Agriculture, acting through the Chief of the Forest Service. (5) Secretary concerned The term Secretary concerned means— (A) the Secretary of the Interior, in the case of Federal land administered by the Secretary of the Interior; and (B) the Secretary of Agriculture, in the case of Federal land administered by the Secretary of Agriculture, acting through the Chief of the Forest Service. 3. Grants Using funds made available under section 40803(c)(17)(B) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(c)(17)(B) ), the Secretary of Agriculture, acting through the Chief of the Forest Service, shall provide financial assistance to a cooperating party for the operation of firewood banks, including for the procurement of— (1) personal protective equipment; (2) liability insurance policies; (3) processing equipment; and (4) supplies and materials procured on a regular basis. 4. Firewood banks pilot program (a) In general The Secretary of Energy, in collaboration with the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall establish and carry out a pilot program (referred to in this section as the pilot program ) to provide heat energy for residences of low-income and disabled individuals with wood-burning stoves. (b) Firewood banks on Federal land (1) In general Under the pilot program, the Secretary concerned may authorize 1 or more firewood banks to be established and operated on Federal land. (2) Requirements A firewood bank described in paragraph (1)— (A) shall occupy an area of not less than 1/2 acre and not more than 6 acres; (B) shall be able to store not fewer than 20 cords of firewood; and (C) may have privately or publicly owned equipment on site to process logs into firewood. (3) Cooperating parties The Secretary concerned may authorize or consult with cooperating parties— (A) to maintain the Federal land on which a firewood bank is established under this subsection; and (B) to operate the firewood bank. (4) Use of Federal land The Secretary concerned, or a cooperating party, as applicable, shall use the Federal land on which a firewood bank is established under this subsection exclusively as a firewood bank. (5) Permits The Secretary concerned may require a cooperating party to apply for and obtain a special use permit to establish and operate a firewood bank on Federal land under this subsection. (6) Liability The Secretary concerned shall not— (A) be liable for any action taken by the Secretary concerned or a cooperating party in establishing or operating a firewood bank on Federal land under this subsection; or (B) require a cooperating party to maintain a general liability insurance policy to establish and operate a firewood bank on Federal land under this subsection. (c) Securing supplies of firewood for firewood banks (1) In general Under the pilot program, the Secretary concerned shall— (A) designate trees for cutting and removal on Federal land by marking; and (B) make those trees available to firewood banks, consistent with this subsection. (2) Designation The Secretary concerned shall designate trees under paragraph (1)(A)— (A) in an area located within 10 miles of each firewood bank established under subsection (b); and (B) in other areas that the Secretary concerned determines to be appropriate. (3) Requirement The Secretary concerned shall designate trees under paragraph (1)(A) in a sufficient quantity to provide not less than 100 cords of firewood continuously to each firewood bank established under subsection (b). (4) No fee required (A) In general Any Federal employee or party designated by a cooperating party may cut, remove, and transport to a firewood bank a tree designated under paragraph (1)(A) without the cooperating party incurring any fee. (B) Limitations (i) Permits The Secretary concerned may require a cooperating party to apply for and obtain a permit for the cutting and removal of a tree designated under paragraph (1)(A). (ii) No significant damage to resources A Federal employee or a cooperating party shall not be permitted to significantly damage any resource while cutting or removing a tree designated under paragraph (1)(A). (5) Closed entry The Secretary concerned may close to entry an area with trees designated under paragraph (1)(A), or make that entry subject to such conditions as the Secretary concerned determines are necessary— (A) for periods of not longer than 60 consecutive calendar days; and (B) for not longer than 150 calendar days during any 1 calendar year. (d) Duration The authority to carry out the pilot program terminates on the date that is 10 years after the date of enactment of this Act. 5. Report (a) In general Not later than 5 years after the date of enactment of this Act, and 5 years thereafter, the Secretaries shall prepare a report describing the implementation of this Act. (b) Submission On completion of each report described in subsection (a), the Secretaries shall submit the report to— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s4944is/xml/BILLS-117s4944is.xml |
117-s-4945 | II 117th CONGRESS 2d Session S. 4945 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Agriculture to establish a pilot program for the establishment and use of a pre-fire-suppression stand density index, and for other purposes.
1. Short title This Act may be cited as the Catastrophic Wildfire Prevention Act of 2022 . 2. Pilot program (a) Definitions In this section: (1) Area of the National Forest System The term area of the National Forest System means all or a portion of a unit of the National Forest System that is located west of the 100th meridian. (2) Pilot program The term pilot program means the pilot program established under subsection (b). (3) Pre-fire-suppression stand density index The term pre-fire-suppression stand density index means an estimate of the naturally occurring or ecologically balanced stand density index of a forest, as developed from historical surveys or appropriate scientific inference, before fire suppression regimens became common practice. (4) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (5) Stand density index The term stand density index means an expression of relative stand density based on the predictable relationship between average tree size and trees per unit area in dense stands. (6) Treatment The term treatment means— (A) a mechanical treatment of hazardous fuels; (B) a stewardship end-result contracting project; (C) restoration services; or (D) timber harvesting. (b) Establishment The Secretary shall establish a pilot program under which the Secretary shall— (1) collaborate with State or local forest management agencies— (A) to identify areas of the National Forest System for potential selection under paragraph (3) for inclusion in the pilot program; and (B) to research and establish a pre-fire-suppression stand density index for each area of the National Forest System identified under subparagraph (A); (2) evaluate how closely each pre-fire-suppression stand density index established under paragraph (1)(B) reflects current forest conditions and current published resource management objectives established by the Secretary for the applicable area of the National Forest System; and (3) select, in consultation with State or local forest management agencies, not fewer than 8 areas of the National Forest System identified under paragraph (1)(A) with respect to which the area and neighboring communities may benefit from using a pre-fire-suppression stand density index as a benchmark for treatments by— (A) reducing the chances of catastrophic wildfire; (B) increasing forest health; (C) increasing forest resilience; (D) increasing ecological diversity; or (E) improving such other criteria as the Secretary, in consultation with State or local forest management agencies, determine to be appropriate. (c) Implementation Not later than 2 years after the date of enactment of this Act, the Secretary shall begin to conduct treatments on areas of the National Forest System selected under subsection (b)(3), and update applicable land and resource management plans to include objectives and benchmarks, in accordance with the applicable pre-fire-suppression stand density index established under subsection (b)(1)(B). (d) Selection of areas In selecting areas of the National Forest System for inclusion in the pilot program under subsection (b)(3) and conducting treatments under subsection (c), the Secretary shall— (1) give priority to an area— (A) within the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 )); (B) constituting a community watershed; (C) vulnerable to erosion; (D) hosting multiple-use activities; (E) critical to supporting wildlife or plant species health; or (F) with respect to which a treatment is necessary to prevent catastrophic wildfire; and (2) select a geographically diverse sample of areas of the National Forest System, which shall include not fewer than 3 areas of the National Forest System in the southwest United States. (e) Funding The Secretary shall carry out this section using funds otherwise made available to the Secretary for fuels reduction treatments. | https://www.govinfo.gov/content/pkg/BILLS-117s4945is/xml/BILLS-117s4945is.xml |
117-s-4946 | II 117th CONGRESS 2d Session S. 4946 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mr. Van Hollen introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Expedited Funds Availability Act to require that funds deposited be available for withdrawal in real-time, and for other purposes.
1. Short title This Act may be cited as the Payments Modernization Act of 2022 . 2. Findings and purposes (a) Findings Congress finds the following: (1) Families in the United States spend billions of dollars in overdraft fees in part because they are waiting for checks to clear over a weekend or holiday. (2) The inefficient payment system in the United States drives families, especially those living paycheck to paycheck, to use high-cost financial services to access funds more rapidly. (3) A faster payment system would provide people of the United States immediate access to funds and relief for those who overdraw their accounts because their deposits are not available in real-time, helping families potentially save billions of dollars each year. (4) The United States lags behind other countries in the speed and efficiency of its payment system. (5) Central banks around the world have already implemented real-time payment systems, including in the United Kingdom, Australia, Mexico, Poland, Japan, and South Africa. (6) The Federal Reserve System was created by Congress on December 24, 1913, in response to the financial panic of 1907. (7) Since its beginning, the Federal Reserve System has played a crucial role in the payment system of the United States. (8) The role of the Federal Reserve System in providing payment services is— (A) to promote the integrity and efficiency of the payment mechanism; and (B) to ensure the provision of payment services to all depository institutions on an equitable basis and in an atmosphere of competitive fairness. (9) The Monetary Control Act of 1980 (title I of Public Law 96–221 ; 94 Stat. 132) provided the Board of Governors of the Federal Reserve System with the authority to oversee the payment system in the United States. (10) The Expedited Funds Availability Act ( 12 U.S.C. 4001 et seq. ), enacted on August 10, 1987, provided the Board of Governors of the Federal Reserve System with full authority to regulate all aspects of the payment system, including the receipt, payment, collection, clearing of checks, and related functions of the payment system pertaining to checks. (11) In a July 2018 report on financial technology, the Department of the Treasury acknowledged the important role of the Board of Governors of the Federal Reserve System in bringing real-time payment settlement services to the United States when the Department recommended the Board of Governors work to facilitate a faster retail payment system, in particular, for smaller financial institutions such as community banks and credit unions, noting that such institutions should also have the ability to access the most innovative technologies and payment services. (12) The authorities described in paragraphs (9) and (10) are more critical than ever given how the financial services sector has been defined as a vital component of critical infrastructure in the United States. (13) The role of the Board of Governors of the Federal Reserve System in the financial services sector will ensure the resiliency of the payment system in the United States. (14) The Board of Governors of the Federal Reserve System should develop a real-time interbank payment system to ensure that— (A) consumers are prioritized; (B) consumers and small businesses are protected from fraud and errors, including with respect to a payment initiated by a consumer or small business; (C) the payment system is open to increased competition; and (D) outsized entities do not monopolize the financial infrastructure of the United States. (b) Purposes The purposes of this Act are— (1) to ensure that the United States has a safe, fast, efficient, equitable, and fair payment system; (2) to clarify that the Board of Governors of the Federal Reserve System has the existing authority to build a real-time payment system; and (3) to make certain that the Board of Governors of the Federal Reserve System follows through on implementing the system described in paragraph (2). 3. Definition In this Act, the term real-time has the meaning given the term in section 602 of the Expedited Funds Availability Act ( 12 U.S.C. 4001 ), as amended by section 4(a) of this Act. 4. Requirement that funds deposited be available for withdrawal in real-time (a) Definitions (1) In general Section 602 of the Expedited Funds Availability Act ( 12 U.S.C. 4001 ) is amended— (A) by redesignating paragraphs (20) through (25) as paragraphs (21) through (26), respectively; and (B) by inserting after paragraph (19) the following: (20) Real-time The term real-time — (A) means any time; and (B) includes a Saturday, Sunday, and a legal holiday. . (2) Technical and conforming amendment Section 3 of the Check Clearing for the 21st Century Act ( 12 U.S.C. 5002(2)(D)(iv) ) is amended by striking section 602(24) and inserting section 602(25) . (b) Expedited funds availability schedules Section 603 of the Expedited Funds Availability Act ( 12 U.S.C. 4002 ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking Next Business Day and inserting Real-time ; (B) in paragraph (1)— (i) by striking Except as provided in subsection (e) and in section 604, in and inserting In ; and (ii) in the matter following subparagraph (B) by striking not later than the business day after the business day on which and inserting in real-time when ; and (C) in paragraph (2), in the matter preceding subparagraph (A), by striking not later than the business day after the business day on which and inserting in real-time after ; (2) by striking subsection (b) and inserting the following: (b) Permanent Schedule Funds deposited in an account at a depository institution by a check drawn on a local or nonlocal originating depository institution shall be available for withdrawal in real-time. ; (3) by striking subsection (c); (4) by striking subsection (d); (5) by redesignating subsections (e) and (f) as subsections (c) and (d), respectively; (6) in subsection (c), as redesignated by paragraph (5)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking Not more than 4 business days shall intervene between the business day a and inserting A ; (II) by inserting a comma after subparagraph (B) ; (III) by striking is ; and (IV) by striking and the business day on which funds from such deposit are available for withdrawal and inserting shall be available for withdrawal in real-time ; and (ii) in subparagraph (B), in the subparagraph heading, by striking paragraph and inserting subparagraph ; and (B) in paragraph (2)— (i) by striking , (b), and (c) and inserting and (b) ; and (ii) in the paragraph heading, by striking temporary and permanent schedules and inserting permanent schedule ; and (7) in subsection (d)(2), as redesignated by paragraph (5), by striking (c), or (e) and inserting or (c) . (c) Safeguard exceptions Section 604 of the Expedited Funds Availability Act ( 12 U.S.C. 4003 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the paragraph heading by striking Next business day and inserting Real-time ; and (ii) in the matter following subparagraph (D) by striking on the business day after the business day on which such cash or funds are deposited or, in the case of a wire transfer, on the business day after the business day on which and inserting in real-time after such cash or funds are deposited or, in the case of a wire transfer, in real-time after ; (B) in paragraph (2)— (i) by striking , 603(c), or paragraphs and inserting paragraph ; and (ii) by striking 603(e) and inserting 603(c) ; and (C) by striking paragraph (3)(B) and inserting the following: (B) any such funds deposited in excess of such amount shall be available for withdrawal in real-time. ; (2) in subsection (b), in the matter preceding paragraph (1), by striking (c), or (e) and inserting or (c) ; (3) in subsection (c)(1), by striking (c), and (e) and inserting and (c) ; and (4) in subsection (d), by striking (c), and (e) and inserting and (c) . (d) Miscellaneous provisions Section 607 of the Expedited Funds Availability Act ( 12 U.S.C. 4006 ) is amended— (1) by striking subsections (a) and (b); and (2) by redesignating subsections (c) through (f) as subsections (a) through (d), respectively. (e) Regulations and reports by Board Section 609 of the Expedited Funds Availability Act ( 12 U.S.C. 4008 ) is amended— (1) by striking subsections (d) and (f); and (2) by redesignating subsection (e) as subsection (d). | https://www.govinfo.gov/content/pkg/BILLS-117s4946is/xml/BILLS-117s4946is.xml |
117-s-4947 | II 117th CONGRESS 2d Session S. 4947 IN THE SENATE OF THE UNITED STATES September 22, 2022 Mrs. Shaheen (for herself, Mrs. Fischer , Mr. Blumenthal , Mr. Cornyn , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish the Defense Exportability Transfer Account.
1. Short title This Act may be cited as the Defense Export Promotion Of Relevant Technology and Supplies Act or the Defense EXPORTS Act . 2. Defense Exportability Transfer Account (DETA) (a) Establishment There is established in the Department of Defense an account to be known as the Defense Exportability Transfer Account (in this section referred to as the Account ). (b) Amounts in Account The Account shall consist of— (1) amounts appropriated to the Account; (2) amounts transferred to the Account under subsection (d); and (3) amounts credited to the Account under subsection (e). (c) Use of funds (1) In general Funds in the Account shall be available to develop program protection strategies for Department of Defense systems identified for possible future export, to design and incorporate exportability features into such systems during the research and development phases of such systems, and to integrate design features that enhance interoperability of such systems with those of friendly foreign countries. (2) Amounts in addition Amounts in the Account are in addition to any other funds available to the Department of Defense for the purposes specified in paragraph (1). (d) Transfers (1) Transfers from Account The Secretary of Defense may transfer funds from the Account to appropriations of the Department of Defense available for research, development, test, and evaluation in such amounts as the Secretary determines necessary to carry out the purposes of this section. Funds so transferred shall be available for the same time period and the same purposes as the appropriation to which transferred. (2) Transfers to Account The Secretary may transfer funds from appropriations of the Department of Defense available for research, development, test, and evaluation to the Account in such amounts as the Secretary determines necessary to carry out the purposes of this section. Funds so transferred shall be available for the same time period and the same purposes as the appropriation to which transferred. (3) Notice and wait Funds may not be transferred under paragraph (1) or (2) until the expiration of 15 days after the date on which the Secretary notifies the congressional defense committees in writing of the amount and purpose of the proposed transfer. (4) Other authorities The authority to transfer funds under this subsection is in addition to any other transfer authority available to the Department of Defense. (e) Costs Costs incurred by the Department of Defense for designing and incorporating exportability features into Department of Defense systems shall be treated as nonrecurring costs under section 21(e)(1) of the Arms Export Control Act ( 22 U.S.C. 2761(e)(1) ). Amounts collected as recoupments by the Department of Defense on foreign military sales, direct commercial sales, and sales of items developed under international cooperative projects that incorporate such exportability features shall be credited to the Account and shall remain available until expended to carry out the purposes of the Account. (f) Annual report No later than January 1, 2025, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report detailing the utilization of this fund, including— (1) the balance of the Fund, including inlays and outlays; (2) a list of systems receiving funds under this section; (3) the projected and actual cost and schedule savings for each system receiving funds under this section; and (4) any other matters the Secretary determines appropriate. (g) Government Accountability Office review Not later than five years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an assessment of the efficacy of this section, including— (1) an emphasis on cost and schedule savings realized by the Federal Government pertaining to the delivery of articles that receive funding under this section; and (2) any other matters the Comptroller General deems appropriate. (h) Appropriations There is hereby appropriated to the Account $50,000,000, to remain available until expended: Provided , That such amount is designated by Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4947is/xml/BILLS-117s4947is.xml |
117-s-4948 | II 117th CONGRESS 2d Session S. 4948 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To allow States to authorize State and local law enforcement officers to enforce the provisions of Federal immigration law relating to unlawful entry into the United States.
1. Short title This Act may be cited as the Empowering States to Deport Illegal Immigrants Act . 2. Authorization of State and local law enforcement officers to enforce certain Federal immigration laws (a) In general States may authorize State and local law enforcement officers to enforce provisions of Federal immigration law that prohibit the unlawful entry into the United States, including sections 271 through 280 of the Immigration and Nationality Act (8 U.S.C. 1321 through 1330). (b) Effect of authorization on Supreme Court ruling Subsection (a) effectively abrogates the 2012 decision of the Supreme Court in Arizona v. United States (567 U.S. 387). (c) Prosecution authority Notwithstanding any other provision of law, State prosecutors are authorized to initiate prosecutions for violations of Federal immigration law referred to in subsection (a) in a United States District Court that has jurisdiction over— (1) the place at which any such violation occurred; or (2) the place at which the person charged for any such violation is apprehended. (d) Conforming amendment Section 279 of the Immigration and Nationality Act ( 8 U.S.C. 1329 ) is amended— (1) by inserting , or by a State prosecutor pursuant to section 2(c) of the Empowering States to Deport Illegal Immigrants Act , before that arise ; and (2) by inserting It shall be the duty of the State prosecutor of the appropriate State to prosecute every such suit when brought by a State. after United States. | https://www.govinfo.gov/content/pkg/BILLS-117s4948is/xml/BILLS-117s4948is.xml |
117-s-4949 | II 117th CONGRESS 2d Session S. 4949 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mr. Tester (for himself and Mr. Rounds ) 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 address green burial sections in national cemeteries, and for other purposes.
1. Short title This Act may be cited as the National Cemeteries Preservation and Protection Act of 2022 . 2. Plot and interment allowances for veterans buried before March 15, 2022, in cemeteries on trust land owned by, or held in trust for, tribal organizations The Secretary of Veterans Affairs shall pay a plot or interment allowance under paragraph (1) of section 2303(b) of title 38, United States Code, for a veteran if— (1) the veteran was buried, before March 15, 2022, in a cemetery, or in a section of a cemetery, that is on trust land owned by, or held in trust for, a tribal organization; (2) the tribal organization that is responsible for operating and maintaining the cemetery, or the section of cemetery, applies for such allowance; (3) a plot or interment allowance was not already paid for the burial of such veteran under paragraph (2) of such section; and (4) the burial of the veteran otherwise meets the requirements under paragraph (1) of such section. 3. Green burial sections at national cemeteries Section 2404 of title 38, United States Code, is amended— (1) in subsection (c)(2)— (A) in subparagraph (C), by striking ; and and inserting a semicolon; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (E) in the case of grave sites in a green burial section designated under subsection (i), the Secretary may provide for grave markers of such type as the Secretary considers appropriate. ; and (2) by adding at the end the following new subsection: (i) (1) The Secretary may designate one or more sections in any national cemetery as green burial sections. (2) In this subsection, the term green burial section means a section of a cemetery in which the remains of individuals interred in that section— (A) have been prepared for interment in a manner that does not involve chemicals or embalming fluids; and (B) have been interred in a natural manner or in completely biodegradable burial receptacles. . 4. Transfer of administrative jurisdiction over land at Fort Bliss, Texas, for expansion of Fort Bliss National Cemetery (a) Transfer authorized The Secretary of the Army may transfer to the Secretary of Veterans Affairs administrative jurisdiction over a parcel of real property consisting of approximately two acres located at Fort Bliss, Texas, directly adjacent to, and contiguous with, Fort Bliss National Cemetery. (b) Condition of transfer (1) In general As a condition of the transfer authorized by subsection (a), the Secretary of Veterans Affairs may complete appropriate environmental, cultural resource, and other due diligence activities on the real property described in subsection (c) before determining whether the property is suitable for cemetery purposes. (2) Coordination The Secretary of Veterans Affairs shall coordinate with the Secretary of the Army as needed during the performance of the activities described in paragraph (1). (c) Description of property (1) In general The exact acreage and legal description of the real property to be transferred under this section shall be determined by a survey satisfactory to the Secretary the Army. (2) Cost of survey The cost of the survey described in paragraph (1) shall be borne by the Secretary of Veterans Affairs. (d) Additional terms and conditions; costs of transfer (1) Additional terms and conditions The Secretary of the Army may require such additional terms and conditions in connection with the transfer under this section as the Secretary considers appropriate to protect the interests of the United States. (2) Reimbursement of costs (A) In general The Secretary of Veterans Affairs shall reimburse the Secretary of the Defense for costs incurred by the Secretary of the Army in implementing this section, including the costs of any surveys. (B) No payment for value of real property Notwithstanding any other legal requirement that might otherwise apply, the Secretary of Veterans Affairs shall not be required to make payment of any kind for the value of the real property described in subsection (c). 5. Transfer of Department of the Interior land for use as a national cemetery Section 2406 of title 38, United States Code, is amended— (1) by striking As additional lands and inserting (a) In general .—As additional lands ; and (2) by adding at the end the following new subsection: (b) Transfer of Department of the Interior land for use as a national cemetery Notwithstanding section 204(d) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1714(d) ), if the Secretary and the Secretary of the Interior agree to a transfer under subsection (a) of any land for use by the Department as a national cemetery, the land shall be— (1) withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws; (2) subject to valid existing rights; (3) transferred to the administrative jurisdiction of the Secretary of Veterans Affairs; and (4) deemed to be property (as defined in section 102(9) of title 40) for as long as the land remains under the administrative jurisdiction of the Secretary of Veterans Affairs. . 6. Expansion of prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing certain crimes (a) In general Section 2411 of title 38, United States Code, is amended— (1) in the section heading— (A) by inserting certain before Federal ; and (B) by striking capital ; (2) in subsection (b)— (A) in paragraph (4)— (i) in subparagraph (A), by striking ( 42 U.S.C. 16901 et seq. ); and inserting ( 34 U.S.C. 20901 et seq. ); and ; and (ii) in subparagraph (B), by inserting or to a period of 99 years or more after life imprisonment ; and (B) by adding at the end the following new paragraph: (5) A person who— (A) is found (as provided in subsection (c)) to have committed a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20901 et seq. ); but (B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution. ; (3) in subsection (c), by striking subsection (b)(3) and inserting paragraph (3) or (5) of subsection (b) ; (4) in subsection (d)(2)(A)(ii), by striking or a State capital crime and inserting , a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20901 et seq. ), ; and (5) in subsection (e)(1)(B), by striking or a State capital crime and inserting , a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20901 et seq. ), . (b) Clerical amendment The table of sections at the beginning of chapter 24 of such title is amended by striking the item relating to section 2411 and inserting the following new item: 2411. Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing certain Federal or State crimes. . | https://www.govinfo.gov/content/pkg/BILLS-117s4949is/xml/BILLS-117s4949is.xml |
117-s-4950 | II 117th CONGRESS 2d Session S. 4950 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 4110 Bluebonnet Drive in Stafford, Texas, as the Leonard Scarcella Post Office Building .
1. Leonard Scarcella Post Office Building (a) Designation The facility of the United States Postal Service located at 4110 Bluebonnet Drive in Stafford, Texas, shall be known and designated as the Leonard Scarcella Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Leonard Scarcella Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-117s4950is/xml/BILLS-117s4950is.xml |
117-s-4951 | II 117th CONGRESS 2d Session S. 4951 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mr. Ossoff (for himself and Mr. Cramer ) 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 prohibit collection of copayments for the first three outpatient mental health care visits of veterans each calendar year, and for other purposes.
1. Short title This Act may be cited as the Reduce and Eliminate Mental Health Outpatient Veteran Copays Act or the REMOVE Copays Act . 2. Prohibition on collection of copayments for first three mental health care outpatient visits of veterans (a) Prohibition on collection (1) In general Subchapter III of chapter 17, United States Code, is amended by inserting after section 1722B the following new section: 1722C. Copayments: prohibition on collection of copayments for first three mental health care outpatient visits of veterans (a) Prohibition Except as provided in subsection (b), notwithstanding section 1710(g) of this title or any other provision of law, the Secretary may not impose or collect a copayment for the first three mental health care outpatient visits of a veteran in a calendar year for which the veteran would otherwise be required to pay a copayment under the laws administered by the Secretary. (b) Copayment for medications The prohibition under subsection (a) shall not apply with respect to the imposition or collection of copayments for medications pursuant to section 1722A of this title. (c) Mental health care outpatient visit defined In this section, the term mental health care outpatient visit means an outpatient visit with a qualified mental health professional for the primary purpose of seeking mental health care or treatment for substance abuse disorder. . (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item related to section 1722B the following new item: 1722C. Copayments: prohibition on collection of copayments for first three mental health care outpatient visits of veterans. . (b) Applicability The amendments made by subsection (a) shall apply with respect to mental health care outpatient visits occurring on or after the date that is 180 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4951is/xml/BILLS-117s4951is.xml |
117-s-4952 | II 117th CONGRESS 2d Session S. 4952 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mrs. Fischer (for herself and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To increase the annual limitation on purchases by individuals of Series I United States savings bonds during periods of high inflation.
1. Short title This Act may be cited as the Savings Security Act of 2022 . 2. Increase in limitation on purchase of Series I United States savings bonds (a) In general Section 3105 of title 31, United States Code, is amended by adding at the end the following: (f) (1) For purposes of subsection (c)(7), during any applicable year, the maximum amount of Series I United States savings bonds issued during such year that may be held by an applicable individual shall not exceed $30,000. (2) (A) For purposes of this subsection, the term applicable year means any calendar year during which the average of the annualized changes in the Consumer Price Index for All Urban Consumers during any 6-month period ending during such year is greater than 3.5 percent. (B) Not later than 30 days after the Secretary determines that the requirement under subparagraph (A) has been satisfied with respect to any calendar year, the Secretary shall provide public notice that paragraph (1) applies with respect to such year. (3) For purposes of this subsection, the term applicable individual means an individual who provides the Secretary with— (A) the TIN (as defined in section 7701(a)(41) of the Internal Revenue Code of 1986) of such individual; or (B) the social security number issued to such individual by the Social Security Administration. (4) This subsection shall not apply with respect to any Series I United States savings bond that is made available in paper form. . (b) Effective date The amendment made by this section shall apply to any calendar year beginning after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4952is/xml/BILLS-117s4952is.xml |
117-s-4953 | II 117th CONGRESS 2d Session S. 4953 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mr. Lee (for himself, Ms. Lummis , Mr. Lankford , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To repeal prescription drug price control provisions of the Inflation Reduction Act.
1. Short title This Act may be cited as the Protect Drug Innovation Act . 2. Repeal of prescription drug price control provisions Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117–169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted. | https://www.govinfo.gov/content/pkg/BILLS-117s4953is/xml/BILLS-117s4953is.xml |
117-s-4954 | II 117th CONGRESS 2d Session S. 4954 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mr. Grassley (for himself and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Farm Credit Act of 1971 to make foreign persons ineligible for Farm Credit System institution financing, and for other purposes.
1. Short title This Act may be cited as the Farm Credit for Americans Act of 2022 . 2. Ineligibility of foreign persons for Farm Credit System institution financing Part G of title IV of the Farm Credit Act of 1971 ( 12 U.S.C. 2219 et seq. ) is amended by adding at the end the following: 4.40. Ineligibility of foreign persons for Farm Credit System institution financing (a) In general Effective beginning on January 1, 2024, except as provided in subsection (b), a foreign person (as defined in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508 )) shall be ineligible for any credit or financial services provided by a Farm Credit System institution. (b) Exceptions The prohibition under subsection (a) shall not apply to— (1) any credit provided pursuant to a written loan agreement entered into prior to January 1, 2024, or any financial services related to such credit; (2) any participation in a loan pursuant to section 1.5(12)(C), 2.2(13), or 3.1(11)(A) originated by a lender that is not a Farm Credit System institution; (3) any participation in a loan to a similar entity pursuant to section 3.1(11)(B)(i) or 4.18A; (4) any credit or financial services provided pursuant to section 3.7(b); (5) any investment made by a Farm Credit System institution pursuant to section 1.5(15), 2.2(10), 3.1(13)(A), or 8.11; (6) any note, bond, debenture, or other similar obligation issued by the Federal Farm Credit Banks Funding Corporation pursuant to this Act; or (7) any security or obligation issued or guaranteed by the Federal Agricultural Mortgage Corporation pursuant to this Act. . | https://www.govinfo.gov/content/pkg/BILLS-117s4954is/xml/BILLS-117s4954is.xml |
117-s-4955 | II 117th CONGRESS 2d Session S. 4955 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mr. Young (for himself and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend certain authorities relating to human rights violations and abuses in Ukraine, and for other purposes.
1. Short title This Act may be cited as the Ukraine Human Rights Policy Act of 2022 . 2. Congressional oversight of mandatory imposition of sanctions with respect to transactions with persons responsible for human rights abuses Section 11 of the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 ( 22 U.S.C. 8910 ) is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: (d) Congressional oversight (1) In general Not later than 60 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria of a person described in subsection (a), the President shall— (A) determine if the person meets such criteria; and (B) submit a classified or unclassified report to such chairman and ranking member with respect to such determination that includes a statement of whether or not the President imposed or intends to impose sanctions under subsection (b) with respect to such person. (2) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees means— (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Foreign Relations of the Senate. . 3. Sense of Congress Section 252 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9542 ) is amended— (1) by striking paragraph (1) and inserting the following: (1) the Government of the Russian Federation bears responsibility for the continuing violence in Ukraine and imposition onto Ukrainian sovereignty; ; (2) by redesignating paragraphs (2) through (10) as paragraphs (5) through (13), respectively; (3) by inserting after paragraph (1) the following: (2) the Government of the Russian Federation’s invasion of Ukraine reflects years of disregard for territorial integrity across the European continent; (3) paramilitary organizations are utilized by the Government of the Russian Federation to execute foreign policy goals, including through influence campaigns, economic coercion, and violence; (4) ongoing violence from the Government of the Russian Federation across Europe creates implications for allies and partners of the United States outside of the European continent, and a deterrence strategy therefore requires coordination and cooperation with like-minded partners across the globe; ; and (4) by amending subparagraph (A) of paragraph (12) (as redesignated) to read as follows: (A) to identify vulnerabilities to aggression, information operations, in particular cyber warfare and military information support operations, corruption, and hybrid warfare by the Government of the Russian Federation and its proxy forces; . 4. Statement of Policy It is the policy of the United States to consider foreign persons who are involved in the forced relocation or detention of persons in Russian filtration camps as having committed gross violations of internationally recognized human rights for purposes of imposing sanctions with respect to such persons under the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ). 5. Report on human rights abuses in Ukraine and against Ukrainian residents forcibly relocated to the Russian Federation (a) In general The Secretary of State shall include in the report required by sections 116(d) and 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) and 2304) information on human rights abuses in Ukraine and against individuals who reside in Ukraine who are forcibly relocated. (b) Matters To be included The information required under subsection (a) shall include— (1) an assessment of Russian forces and Russian Federation-affiliated non-state groups involved in human rights abuses against civilians in Ukraine; (2) an assessment of the number of individuals detained in filtration camps operated by the Russian Federation or its proxies; (3) a description of the conditions in such camps for detainees, including, to the extent practicable, an assessment of— (A) methods of abuse; (B) efforts to force individuals to renounce their faith; and (C) other serious human rights abuses; (4) to the extent practicable, an assessment of staffing levels at such camps, including such camps at which military, governmental, or other units are in charge; (5) a description, as appropriate, of United States diplomatic efforts with allies and other countries and relevant international organizations— (A) to address the gross violations of human rights against Ukrainians; and (B) to prosecute individuals responsible for committing human rights violations; and (6) the identification of the offices within the Department of State that are responsible for leading and coordinating the diplomatic efforts referred to in paragraph (5). (c) Collection of information The Secretary shall collect the information required under subsection (a) in consultation with the heads of other relevant Federal departments and agencies and civil society organizations. 6. Classified assessment of ability of United States to collect intelligence relating to war crimes and human rights abuses (a) In general The Secretary of State and the Director of National Intelligence, in consultation with such elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) as the Director deems appropriate, shall submit to the committees specified in subsection (b) a classified report that assesses the ability of the United States Government to collect and analyze intelligence regarding— (1) the scope and scale of war crimes committed against individuals who reside in Ukraine by the Russian Armed Forces or Russian Federation-affiliated non-state groups; (2) the scope and scale of the detention and forced labor of Ukrainian nationals in Ukraine and the Russian Federation; (3) the gross abuses of human rights perpetrated inside the filtration camps and other detention centers operated by the Russian Federation or Russian Federation-affiliated non-state groups; and (4) other actions of the Government of the Russian Federation that constitute gross violations of human rights related to the invasion of Ukraine by the Russian Federation. (b) Committees specified The committees specified in this subsection are— (1) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s4955is/xml/BILLS-117s4955is.xml |
117-s-4956 | II 117th CONGRESS 2d Session S. 4956 IN THE SENATE OF THE UNITED STATES September 27, 2022 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To modify the authority for humanitarian demining assistance and stockpiled conventional munitions assistance.
1. Modification of authority for humanitarian demining assistance and stockpiled conventional munitions assistance (a) Expansion of authority Subsection (a)(1) of section 407 of title 10, United States Code, is amended— (1) in the matter preceding subparagraph (A)— (A) by striking carry out and inserting provide ; and (B) by striking in a country and inserting to a country ; and (2) in subparagraph (A), by striking in which the activities are to be carried out and inserting to which the assistance is to be provided . (b) Expenses Subsection (c) of such section is amended— (1) in paragraph (2), by adding at the end the following new subparagraph: (C) Travel, transportation, and subsistence expenses of foreign personnel to attend training provided by the Department of Defense under this section. ; and (2) in paragraph (3), by striking $15,000,000 and inserting $20,000,000 . (c) Annual report Subsection (d) of such section is amended— (1) in the matter preceding paragraph (1), by striking include in the annual report under section 401 of this title a separate discussion of and inserting submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a report on ; (2) in paragraph (1)— (A) by striking in which and inserting to which ; and (B) by striking carried out and inserting provided ; (3) in paragraph (2), by striking carried out in and inserting provided to ; (4) in paragraph (3)— (A) by striking in which and inserting to which ; and (B) by striking carried out and inserting provided ; and (5) in paragraph (4), by striking in carrying out such assistance in each such country and inserting in providing such assistance to each such country . | https://www.govinfo.gov/content/pkg/BILLS-117s4956is/xml/BILLS-117s4956is.xml |
117-s-4957 | II 117th CONGRESS 2d Session S. 4957 IN THE SENATE OF THE UNITED STATES September 27, 2022 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of the Army to establish sex-neutral high fitness standards for combat Military Occupational Specialties (MOSs).
1. Sex-neutral high fitness standards for Army combat Military Occupational Specialties Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall— (1) establish sex-neutral fitness standards for combat Military Occupational Specialties (MOSs) that are higher than those for non-combat MOSs; and (2) provide a briefing to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives describing— (A) the list of combat MOSs established for purposes of paragraph (1); and (B) the methodology used to determine whether to include a MOS on such list. | https://www.govinfo.gov/content/pkg/BILLS-117s4957is/xml/BILLS-117s4957is.xml |
117-s-4958 | II 117th CONGRESS 2d Session S. 4958 IN THE SENATE OF THE UNITED STATES September 27, 2022 Ms. Hirono introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to extend the authority for financial assistance for supportive services for very low-income veteran families in permanent housing, and for other purposes.
1. Short title This Act may be cited as the Keeping Our Commitment to Ending Veteran Homelessness Act of 2022 . 2. Extension of authority for financial assistance for supportive services for very low-income veteran families in permanent housing Section 2044(e)(1)(H) of title 38, United States Code, is amended by striking 2021 and 2022 and inserting 2021 through 2024 . 3. Extension of program for homeless services at additional locations Section 2033(d) of title 38, United States Code, is amended by striking September 30, 2022 and inserting September 30, 2024 . | https://www.govinfo.gov/content/pkg/BILLS-117s4958is/xml/BILLS-117s4958is.xml |
117-s-4959 | II 117th CONGRESS 2d Session S. 4959 IN THE SENATE OF THE UNITED STATES September 27, 2022 Ms. Baldwin introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend section 11101 of title 49, United States Code, to ensure that rail carriers provide transportation or service in a manner that fulfills the shipper's reasonable service requirements.
1. Short title This Act may be cited as the Reliable Rail Service Act . 2. Common carrier transportation Section 11101 of title 49, United States Code, is amended— (1) in subsection (a)— (A) by inserting (1) after (a) ; (B) by inserting , in a manner that meets the shipper’s need for timely, efficient, and reliable rail service and fulfills the shipper’s reasonable service requirements after on reasonable request ; and (C) by adding at the end the following: (2) In determining whether a rail carrier has violated this section with respect to the provision of reasonable transportation service and the ability of the rail carrier to meet its obligations under this section, the Board shall consider— (A) the impacts of reductions or changes in the frequency of transportation or service, and the availability and maintenance of reasonable local service schedules and delivery windows, on the provision of reasonable transportation service; (B) the impacts of reductions in employment levels, including — (i) reductions in clerical, customer service, maintenance, dispatch and train and engine service employees; (ii) reductions or changes in train or yard crew availability; and (iii) the consolidation or shifting of crews across or within service territories; (C) the impacts of reductions in equipment and the availability of equipment, maintenance of equipment or railroad infrastructure, lines and yards, or shifting of equipment across or within service territories or customer and commodity groups; (D) whether the service reasonably meets the local operational and service requirements of the person requesting transportation or service that are consistent with the person’s needs and requirements for the efficient and reliable receipt, transportation and delivery of property; (E) the transportation needs or circumstances of the person requesting transportation or service based upon previous service experience and taking into account any physical or operational limitations or restrictions at a facility or location; (F) the commitment of the person requesting transportation or service of equipment or other resources to support the transportation or service; (G) whether any conditions imposed by the rail carrier as requirements for service are required to meet the local service requirements of the person requesting service or permit the rail carrier to recover its variable cost of providing the requested transportation or service; and (H) how the carrier is handling equipment owned by others. ; (2) in subsection (b), in the matter preceding paragraph (1), by striking terms. and inserting terms, including reasonable transit or cycle times and other service standards, as requested, consistent with the needs and requirements of the person on whose behalf the request is made for the efficient and reliable receipt, transportation, and delivery of property. ; and (3) by adding at the end the following: (g) Any proceeding initiated to consider a rail carrier’s alleged violation of this section shall be expedited by the Board, and completed not later than 180 days after the initiation of the proceeding. Any proceeding initiated to obtain service terms under subsection (b) shall be completed not later than 45 days after the initiation of the proceeding. (h) The provisions under section 11701 shall apply to a determination whether a rail carrier has violated this section. In addition to the remedies provided in such section, if the Board determines that a rail carrier has violated this section by failing to provide transportation or service on reasonable request, the Board shall prescribe reasonable transit or cycle times or other service standards to be established to deliver property consistent with the needs and requirements of the person making the request. . | https://www.govinfo.gov/content/pkg/BILLS-117s4959is/xml/BILLS-117s4959is.xml |
117-s-4960 | II 117th CONGRESS 2d Session S. 4960 IN THE SENATE OF THE UNITED STATES September 27, 2022 Ms. Hirono introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to extend the authority for operation of a Department of Veterans Affairs regional office in Manila, the Republic of the Philippines, and for other purposes.
1. Short title This Act may be cited as the Keeping Our Commitment to Overseas Veterans Act of 2022 . 2. Extension of authority for operation of Department of Veterans Affairs regional office in Manila, the Republic of the Philippines, and for other purposes Section 315(b) of title 38, United States Code, is amended by striking September 30, 2022 and inserting September 30, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4960is/xml/BILLS-117s4960is.xml |
117-s-4961 | II 117th CONGRESS 2d Session S. 4961 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mrs. Blackburn introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide limits on the reduction of Internal Revenue Service user fees.
1. Reduced user fees (a) Amendments Section 7528(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (5) Rules relating to reduced fees (A) In general Any fee as reduced under paragraph (2)(A) shall not exceed 5 percent of the lowest fee charged under this subsection for any non-qualified person. (B) Applicability (i) In general The Secretary shall provide for a reduced fee under paragraph (2)(A) only for persons who are not non-qualified persons. (ii) Non-qualified person For purposes of this paragraph, with respect to any taxable year, the term non-qualified person means any person whose gross income for the taxable year is $5,000,000 or more. (C) Adjustment for Inflation (i) In general In the case of a taxable year beginning after December 31, 2022, the $5,000,000 amount in subparagraph (B) shall be increased by an amount equal to— (I) such amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. (ii) Rounding If any amount as adjusted under clause (i) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. (D) Termination This paragraph shall not apply to any taxable year beginning after December 31, 2025. . (b) Effective date The amendments made by this section shall apply to fees charged after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4961is/xml/BILLS-117s4961is.xml |
117-s-4962 | II 117th CONGRESS 2d Session S. 4962 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish within the Office of Gender Equality and Women’s Empowerment of the United States Agency for International Development a rural mobility program to promote mobility in rural communities through access to affordable, fit-for-purpose bicycles, to provide support to sustainably increase access to rural areas, and for other purposes.
1. Short title This Act may be cited as the Bicycles for Rural African Transport Act . 2. Rural mobility program in sub-Saharan Africa (a) Establishment (1) In general The Administrator of the United States Agency for International Development (referred to in this section as USAID ) shall establish, within the Office of Gender Equality and Women’s Empowerment, a rural mobility program (referred to in this section as the Program ) to carry out the purposes described in paragraph (2), including through grants made to eligible nongovernmental partner organizations. In making such grants, the Administrator shall give priority to organizations with demonstrated success conducting rural mobility programs in the region for such purposes. (2) Purpose The Program shall focus on country-driven projects within sub-Saharan Africa that— (A) promote rural communities’ access to critical services and opportunities, including education, health care, and livelihood opportunities, through access to affordable, fit-for-purpose bicycles; and (B) provide support to sustainably increase access to critical services, such as education, health care, and livelihood opportunities in rural areas, including through support for rural-based mechanics, access to spare parts, reduction of social and gender-based stigma, and community project management capacity. (3) Partnerships To the greatest extent practicable, the Program shall partner with existing entities outside the United States that have successful models for providing access to affordable bicycles to achieve development objectives. (4) Authorization of appropriations There is authorized to be appropriated to carry out this section— (A) $3,000,000 for each of the fiscal years 2023 and 2024; (B) $6,000,000 for each of the fiscal years 2025 and 2026; and (C) $12,000,000 for fiscal year 2027 and for each fiscal year thereafter. (b) Report (1) Prior projects Not later than 30 days after the date of the enactment of this Act, the Administrator of USAID shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that, with respect to each of the fiscal years 2019 through 2022— (A) describes the projects carried out by USAID that relate to any of the purposes described in subsection (a)(2); (B) identifies the countries in which USAID embedded rural bicycle mobility into strategies, programs, and projects of USAID and describes the mechanisms by which rural bicycle mobility was so embedded; (C) specifies the number of bicycles distributed through projects carried out by USAID; and (D) assesses the outcomes for, and impacts on, participants in such projects and the efforts of USAID to disseminate lessons learned from such projects. (2) Current projects Not later than December 30, 2024, and each December 30 thereafter, the Administrator of USAID shall submit a report to the congressional committees referred to in paragraph (1) that— (A) describes the projects carried out by USAID during the most recently concluded fiscal year; and (B) includes information relating to the matters described in subparagraphs (B) through (D) of paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s4962is/xml/BILLS-117s4962is.xml |
117-s-4963 | II 117th CONGRESS 2d Session S. 4963 IN THE SENATE OF THE UNITED STATES September 27, 2022 Ms. Sinema (for herself, Mr. Lankford , Mr. Kelly , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Secretary of Homeland Security to implement a strategy to combat the efforts of transnational criminal organizations to recruit individuals in the United States via social media platforms and other online services and assess their use of such platforms and services for illicit activities, and for other purposes.
1. Short title This Act may be cited as the Combating Cartels on Social Media Act of 2022 . 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 Homeland Security of the House of Representatives. (2) Covered operator The term covered operator means the operator, developer, or publisher of a covered service. (3) Covered service The term covered service means— (A) a social media platform; (B) a mobile or desktop service with direct or group messaging capabilities, but not including text messaging services without other substantial social functionalities or electronic mail services, that the Secretary determines is, has been, or will be used by transnational criminal organizations in connection with matters described in section 3; and (C) a digital platform, or an electronic application utilizing the digital platform, involving real-time interactive communication between multiple individuals, including multi-player gaming services and immersive technology platforms or applications, that the Secretary determines is, has been, or will be used by transnational criminal organizations in connection with matters described in section 3. (4) Department The term Department means the Department of Homeland Security. (5) Secretary The term Secretary means the Secretary of Homeland Security. 3. Assessment of illicit usage (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees an assessment describing— (1) the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to engage in recruitment efforts, including— (A) the recruitment of individuals, including individuals under the age of 18, located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States; (2) the use of covered services by transnational criminal organizations to engage in other illicit activities or other conduct in support of illicit activities, including— (A) smuggling or trafficking involving narcotics, other controlled substances, precursors thereof, or other items prohibited under the laws of the United States, Mexico, or another relevant jurisdiction, including firearms; and (B) human smuggling or trafficking; (3) the existing efforts of the Secretary and relevant government and law enforcement entities to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2); (4) the existing efforts of covered operators to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2); and (5) the existing cooperative efforts between the Secretary, other relevant government entities, and covered operators with respect to the matters described in paragraphs (1) and (2). 4. Strategy to combat cartel recruitment on social media and online platforms (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a strategy, to be known as the National Strategy to Combat Illicit Recruitment Activity by Transnational Criminal Organizations on Social Media and Online Platforms, to combat the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States. (b) Elements (1) In general The strategy required under subsection (a) shall, at a minimum, include the following: (A) A proposal to improve cooperation and thereafter maintain cooperation between the Secretary, relevant law enforcement entities, and appropriate covered operators with respect to the matters described in subsection (a). (B) Recommendations to implement the requirement under section 5(a)(2) to establish a centralized mechanism for reporting information regarding the United States recruitment efforts of transnational criminal organizations involving covered services. (C) A proposal to improve intragovernmental coordination with respect to the matters described in subsection (a), including between the Department and State, Tribal, and local governments. (D) A proposal to improve coordination within the Department and between the components of the Department with respect to the matters described in subsection (a). (E) Activities to facilitate increased intelligence analysis for law enforcement purposes of efforts of transnational criminal organizations to utilize covered services for recruitment purposes. (F) Activities to foster international partnerships and enhance collaboration with foreign governments and, as applicable, multilateral institutions with respect to the matters described in subsection (a). (G) Activities to facilitate proactive law enforcement and other governmental efforts relating to the efforts of transnational criminal organizations to utilize covered services for recruitment purposes, including activities intended to preempt through outreach and engagement the commission of criminal offenses by individuals located in the United States who are targeted for recruitment by those transnational criminal organizations. (H) Activities to specifically increase engagement and outreach with youth in border communities, including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities. (2) Limitation The strategy required under subsection (a) shall not include legislative recommendations or elements predicated on the passage of legislation that is not enacted as of the date on which the strategy is submitted under subsection (a), including with respect to encryption policies or reforms to section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ). (c) Consultation In drafting and implementing the strategy required under subsection (a), the Secretary shall, at a minimum, consult and engage with— (1) the heads of relevant components of the Department, including— (A) the Commissioner of U.S. Customs and Border Protection; (B) the Under Secretary for Intelligence and Analysis; (C) the Under Secretary for Science and Technology; (D) the Director of U.S. Immigration and Customs Enforcement; (E) the Officer for Civil Rights and Civil Liberties; and (F) the Privacy Officer; (2) the Secretary of State; (3) the Director of the Federal Bureau of Investigation; (4) the Administrator of the Drug Enforcement Agency; (5) representatives of border communities, including representatives of— (A) State, Tribal, and local governments, including school districts and local law enforcement; and (B) nongovernmental organizations; (6) covered operators, including representatives of— (A) social media platforms, including operators of platforms or applications— (i) displaying short-form videos created by users or third parties; (ii) providing ephemeral content transmission services; or (iii) using algorithms or other means of content prioritization to display a feed of content or advertisements created by users or third parties to other users; (B) interactive entertainment platforms and publishers; and (C) companies developing immersive technology platforms and applications on those platforms; and (7) nongovernmental experts in the fields of— (A) civil rights and civil liberties; (B) online privacy; (C) humanitarian assistance for migrants; and (D) youth outreach and rehabilitation. (d) Implementation (1) In general Not later than 90 days after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees, the Secretary shall commence implementation of the strategy. (2) Report (A) In general Not later than 180 days after the date on which the strategy required under subsection (a) is implemented under paragraph (1), and semiannually thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a report describing the efforts of the Secretary to implement the strategy required under subsection (a) and the progress of those efforts, which shall include a description of— (i) the recommendations, and corresponding implementation of those recommendations, with respect to the matters described in subsection (b)(1)(B) relating to the mechanism required under section 5(a)(2); (ii) the interagency posture with respect to the matters covered by the strategy required under subsection (a), which shall include a description of collaboration between the Secretary, other Federal entities, State, local, and Tribal entities, and foreign governments; (iii) actions taken pursuant to subsection (c) that occurred between the Secretary and the entities described in paragraphs (5) through (7) of that subsection, provided that such summaries are provided only in a classified or other non-public manner; and (iv) the threat landscape, including new developments related to the United States recruitment efforts of transnational criminal organizations and the use by those organizations of new or emergent covered services and recruitment methods. (B) Form Each report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex. 5. Intelligence collection and dissemination (a) In general Not later than 90 days after the date on which the strategy required under section 4(a) is required to be submitted to the appropriate congressional committees, the Secretary shall identify a designee— (1) to receive, process, and disseminate information and communications involving the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States; and (2) to establish a mechanism, or if the designee determines appropriate, multiple mechanisms, for covered operators to voluntarily report relevant information or communications described in paragraph (1). (b) Procedure Upon the identification of the designee and the establishment of the voluntary reporting mechanism required under subsection (a)(2), the Secretary shall notify appropriate covered operators in writing regarding the voluntary reporting mechanism, including information regarding how to contact the designee and utilize the voluntary reporting mechanism. (c) Placement The designee identified under subsection (a) shall be located in U.S. Customs and Border Protection. (d) Dissemination The designee identified under subsection (a) shall utilize the information and communications received pursuant to this section to— (1) provide Federal, Tribal, State, and local entities with intelligence to assist with outreach and engagement efforts intended to preempt the commission of criminal offenses by individuals located in the United States who are targeted by transnational criminal organizations for recruitment; (2) provide Federal, Tribal, State, and local law enforcement with actionable intelligence for law enforcement relating to the United States recruitment efforts of transnational criminal organizations; and (3) further other appropriate government functions involving efforts to prevent the recruitment of individuals located in the United States by transnational criminal organizations. | https://www.govinfo.gov/content/pkg/BILLS-117s4963is/xml/BILLS-117s4963is.xml |
117-s-4964 | II 117th CONGRESS 2d Session S. 4964 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mr. Marshall (for himself, Mr. Cramer , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize grants for crime victims to be distributed to angel families, and for other purposes.
1. Short title This Act may be cited as the Justice for Angel Families Act . 2. Grants for angel families Section 1403 of the Victims of Crime Act of 1984 ( 34 U.S.C. 20102 ) is amended— (1) in subsection (b), by amending paragraph (1) to read as follows: (1) such program is operated by a State and offers compensation to— (A) victims and survivors of victims of criminal violence, including drunk driving and domestic violence, for— (i) medical expenses attributable to a physical injury resulting from a compensable crime, including expenses for mental health counseling and care; (ii) loss of wages attributable to a physical injury resulting from a compensable crime; and (iii) funeral expenses attributable to a death resulting from a compensable crime; or (B) angel families for— (i) medical expenses attributable to any injury resulting from a compensable crime, including expenses for mental health counseling and care; (ii) loss of wages attributable to emotional distress resulting from a compensable crime; and (iii) funeral expenses attributable to a death resulting from a compensable crime; ; and (2) in subsection (d)— (A) in paragraph (4), by striking ; and and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (6) the term angel family means the immediate family members of any individual who is a victim of homicide committed by— (A) an alien described in section 212(a)(6)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(A)(i) ) who is unlawfully present in the United States; or (B) any member of an international criminal organization involved in the unlawful trafficking of controlled substances (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )), including an international drug cartel. . 3. Victims of Immigration Crime Engagement Office (a) Establishment Title I of the Homeland Security Act of 2002 ( 6 U.S.C. 111 et seq. ) is amended by adding at the end the following: 104. Victims of Immigration Crime Engagement Office (a) Definitions In this section: (1) Alien The term alien means an individual who— (A) is described in section 212(a)(6)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(A)(i) ); and (B) is unlawfully present in the United States. (2) Director The term Director means the Director of the Victims of Immigration Crime Engagement Office established pursuant to subsection (b). (b) In general The Secretary shall establish, within the Office of the Secretary, the Victims of Immigration Crime Engagement Office to provide proactive, timely, and professional services to victims of crimes committed by aliens who are inadmissible under section 212(a), deportable under section 237(a), or otherwise unlawfully present in the United States, and to the family members of such victims. (c) Duties The Office shall be headed by a Director, who shall— (1) create a hotline for victims described in subsection (b) and for the family members of such victims— (A) to ensure that such victims and family members receive the support they need, including by— (i) providing information available to help victims and their family members understand the immigration enforcement and removal process; (ii) liaising with social service professionals to assist in providing support services referral information; and (iii) directing victims and their family members to a wide range of available resources; (B) to assist victims and family members of victims to register for automated custody status information related to the criminal alien; (C) to provide victims and their family members with releasable criminal or immigration history about the criminal alien; and (D) to provide immediate services to victims and their family members and collect metrics and information to determine additional resource needs and how to improve services to victims; and (2) conduct a case study on providing proactive, timely, and professional services to victims of crimes, and the family members of such victims, that are committed by aliens who are inadmissible under section 212(a), deportable under section 237(a), or otherwise unlawfully present in the United States. (d) Annual report Not later than 1 year after the date of the enactment of the Justice for Angel Families Act , and annually thereafter, the Director shall submit to Congress a report regarding the impact on victims of crimes committed by aliens who are inadmissible under section 212(a), deportable under section 237(a), or otherwise unlawfully present in the United States that includes— (1) a summary of the case study described in subsection (c)(2); and (2) information regarding— (A) the demographics of such victims and criminal aliens; (B) the locations of such crimes; (C) the type of crimes committed; and (D) whether the criminal aliens have committed multiple crimes. . (b) Clerical amendment The table of contents of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by inserting after the item relating to section 103 the following: Sec. 104. Victims of Immigration Crime Engagement Office. . | https://www.govinfo.gov/content/pkg/BILLS-117s4964is/xml/BILLS-117s4964is.xml |
117-s-4965 | II 117th CONGRESS 2d Session S. 4965 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mr. Sullivan 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 remove in-person requirements under Medicare for mental health services furnished through telehealth and telecommunications technology.
1. Removing the in-person requirements under Medicare for mental health services furnished through telehealth and telecommunications technology (a) Removing in-Person requirements for mental health services furnished through telehealth Section 1834(m)(7) of the Social Security Act ( 42 U.S.C. 1395m(m)(7) ) is amended to read as follows: (7) Treatment of substance use disorder services and mental health services furnished through telehealth The geographic requirements described in paragraph (4)(C)(i) shall not apply with respect to telehealth services furnished on or after July 1, 2019, to an eligible telehealth individual with a substance use disorder diagnosis for purposes of treatment of such disorder or co-occurring mental health disorder, as determined by the Secretary, or, on or after the first day after the end of the emergency period described in section 1135(g)(1)(B), to an eligible telehealth individual for purposes of diagnosis, evaluation, or treatment of a mental health disorder, as determined by the Secretary, at an originating site described in paragraph (4)(C)(ii) (other than an originating site described in subclause (IX) of such paragraph) or, for the period for which clause (iii) of paragraph (4)(C) applies, at any site described in such clause. . (b) Mental health visits furnished by rural health clinics Section 1834(y) of the Social Security Act ( 42 U.S.C. 1395m(y) ) is amended— (1) in the heading, by striking to hospice patients ; and (2) in paragraph (2), by striking prior to the day that is the 152nd day after the end of the emergency period described in section 1135(g)(1)(B)) . (c) Mental health visits furnished by federally qualified health centers Section 1834(o)(4) of the Social Security Act ( 42 U.S.C. 1395m(o)(4) is amended— (1) in the heading, by striking to hospice patients ; and (2) in subparagraph (B), by striking prior to the day that is the 152nd day after the end of the emergency period described in section 1135(g)(1)(B)) . | https://www.govinfo.gov/content/pkg/BILLS-117s4965is/xml/BILLS-117s4965is.xml |
117-s-4966 | II 117th CONGRESS 2d Session S. 4966 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To permit voluntary economic activity.
1. Short title This Act may be cited as the Antitrust Freedom Act of 2022 . 2. Voluntary economic coordination by individuals The Sherman Act ( 15 U.S.C. 1 et seq. ), the Clayton Act ( 15 U.S.C. 12 et seq. ), and section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) shall not be construed to prohibit, ban, or otherwise extend to any voluntary economic coordination, cooperation, agreement, or other association, compact, contract, or covenant entered into by or between any individual or group of individuals. | https://www.govinfo.gov/content/pkg/BILLS-117s4966is/xml/BILLS-117s4966is.xml |
117-s-4967 | II 117th CONGRESS 2d Session S. 4967 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mrs. Gillibrand (for herself, Mr. Schumer , Mr. Sanders , Mr. Menendez , Mr. Booker , Mr. Blumenthal , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to transition the Commonwealth of Puerto Rico to the supplemental nutrition assistance program, and for other purposes.
1. Short title This Act may be cited as the Puerto Rico Nutrition Assistance Fairness Act of 2022 . 2. Amendments to the Food and Nutrition Act of 2008 (a) Definitions Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) is amended— (1) in subsection (r) by inserting Puerto Rico, after Guam, , and (2) in subsection (u)(2) by inserting , Puerto Rico, after Hawaii . (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (b) by inserting Puerto Rico, after Guam, , (2) in subsection (c)(1) by striking and Guam and inserting Guam, and Puerto Rico , and (3) in subsection (e)— (A) in paragraph (1)(A) by inserting Puerto Rico, after Hawaii, each place it appears, and (B) in paragraph (6)(B) by inserting Puerto Rico, after Guam, . 3. Submission of plan of operation; technical assistance; determination and certification by Secretary of Agriculture (a) Submission of plan of operation On designating an agency of the kind described in section 3(s)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(s)(1) ), the Commonwealth of Puerto Rico shall have 60 days to submit to the Secretary of Agriculture (in this Act referred to as the Secretary ) its plan of operation, including a plan to transition to the supplemental nutrition assistance program under section 4(a) of such Act ( 7 U.S.C. 5(a) ) as a request to participate in the supplemental nutrition assistance program under of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (b) Technical assistance Within the 60-day period specified in subsection (a) and upon request from the Commonwealth of Puerto Rico, the Secretary shall provide appropriate training and technical assistance to enable the Commonwealth of Puerto Rico to formulate a plan of operation described in subsection (a). (c) Determination by the Secretary of Agriculture Not later than 180 days after receiving a plan of operation described in subsection (a), the Secretary shall approve if such plan satisfies the requirements for a supplemental nutrition assistance program State plan in accordance with subsections (d) and (e) of section 11 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020 ). If the Secretary does not approve such plan, the Secretary shall provide, not later than 30 days after disapproval, a statement that specifies each of the requirements that were not satisfied by such plan. (d) Certification by the Secretary of Agriculture If the Secretary approves the plan submitted by the Commonwealth of Puerto Rico under subsection (a), the Secretary shall submit to the Congress, not later than 60 days thereafter, a certification that the Commonwealth of Puerto Rico qualifies to participate in the supplemental nutrition assistance program as a State as defined in section 3(r) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(r) ). 4. Transition from the consolidated block grant for Puerto Rico (a) Covered period The Secretary may continue to implement the then most recent approved consolidated block grant specified in section 19(b)(1)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028(b)(1)(A) ) for a period ending no later than 5 years after the effective date of the amendments made by this Act, or on the date the Secretary determines that the Commonwealth of Puerto Rico no longer needs to operate the consolidated block grant to complete the transition described in section 3(a), whichever occurs first. (b) Report For each year a plan is continued under subsection (a), the Secretary shall submit to the Congress an annual report on the operation of such plan. The Secretary shall include in such report information related to increases in funding that are required to accommodate the transition of the Commonwealth of Puerto Rico from the receipt of block grant payments to the implementation of supplemental nutrition assistance program. 5. Consolidated block grant for Puerto Rico and American Samoa Section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A) by inserting until the Secretary terminates the implementation of the plan under section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2022, after (A) , (B) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i) by striking and at the end, and (II) in clause (ii)— (aa) by inserting , and ending on the date the Secretary terminates the implementation of the plan under section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2022 after thereafter , (bb) by striking the period at the end and inserting ; and , and (cc) by adding at the end the following: (iii) subject to the availability of appropriations under section 18(a), for each fiscal year beginning after the Secretary terminates the implementation of the plan under section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2022, 0.4 percent of the aggregate amount specified in clause (i) and adjusted under clause (ii), as further adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) between June 30 of the penultimate fiscal year preceding such effective date and June 30 of the fiscal year for which the adjustment is made under this clause. , (ii) in subparagraph (B)(i) by inserting ending on the date the Secretary terminates the implementation of the plan under section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2022 after thereafter , and (iii) in subparagraph (C)— (I) by striking For and inserting the following: (i) For , (II) by inserting ending on the date the Secretary terminates the implementation of the plan under section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2022 after thereafter , and (III) by adding at the end, the following: (ii) For each fiscal year beginning after the Secretary terminates the implementation of the plan under section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2022, the Secretary shall use 100 percent of the funds made available under subparagraph (A) for payment to American Samoa to pay 100 percent of the expenditures by American Samoa for a nutrition assistance program extended under section 601(c) of Public Law 96–597 ( 48 U.S.C. 1469d(c) ). , and (C) in paragraph (3) by striking year, and inserting year ending on the date the Secretary terminates the implementation of the plan under section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2022, and after year , and (2) in subsection (b)(1)(A) by inserting and ending on the date the Secretary terminates the implementation of the plan under section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2022 after year the first place it appears. 6. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary until the Secretary terminates the implementation of the plan described on section 4(a) of the Puerto Rico Nutrition Assistance Fairness Act of 2022. 7. Effective dates (a) In general Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Effective date of amendments The amendments made by this Act shall take effect on October 1 of the 1st fiscal year that begins 1 year after the Secretary submits to Congress the certification described in section 3(d) of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4967is/xml/BILLS-117s4967is.xml |
117-s-4968 | II 117th CONGRESS 2d Session S. 4968 IN THE SENATE OF THE UNITED STATES September 27, 2022 Mr. Padilla (for himself and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To create an Active Shooter Alert Communications Network, and for other purposes.
1. Short title This Act may be cited as the Active Shooter Alert Act of 2022 . 2. Definitions In this Act: (1) Active shooter The term active shooter means an individual who is engaged in killing or attempting to kill persons with a firearm in a populated area and who is determined to pose an active, imminent threat to people in that populated area. (2) Active Shooter Alert Communications Network; Network The term Active Shooter Alert Communications Network or Network means an interconnected system of the Federal Government and State, Tribal, and local governments that is organized to provide information to the public, within geographically relevant areas, on active shooter situations. (3) Administrator of FEMA The term Administrator of FEMA means the Administrator of the Federal Emergency Management Agency. (4) Advisory Panel The term Advisory Panel means the Advisory Panel established under section 4(b). (5) Chairman of the FCC The term Chairman of the FCC means the Chairman of the Federal Communications Commission. (6) Coordinator The term Coordinator means the Active Shooter Alert Coordinator of the Department of Justice designated under section 3(a). (7) Populated area The term populated area means a location where 1 or more persons other than the active shooter are present. (8) State The term State means any of the 50 States, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory of the United States. 3. National coordination of Active Shooter Alert Communications Network (a) Coordination within Department of Justice (1) Designation of coordinator The Attorney General shall designate an officer of the Department of Justice to act as the national coordinator of the Active Shooter Alert Communications Network regarding an emergency involving an active shooter. (2) Title The officer designated under paragraph (1) shall be known as the Active Shooter Alert Coordinator of the Department of Justice . (b) Duties The Coordinator shall— (1) encourage Federal agencies and State, Tribal, and local government agencies to establish procedures to respond to an active shooter, including active shooter procedures relating to interstate or interjurisdictional travel (including airports and border crossing areas and checkpoints), and focus on Federal agencies and State, Tribal, and local governments that have not yet established such procedures; and (2) work with State, Tribal, and local governments to encourage appropriate regional and interjurisdictional coordination of various elements of the Network. (c) Goals The Coordinator shall encourage the adoption of best practices established under section 4(a) by State, Tribal, and local governments for— (1) the development of policies and procedures to guide the use of mass alert systems, changeable message signs, or other information systems to notify local residents, motorists, travelers, and individuals in the vicinity of an active shooter; (2) the development of guidance or policies on the content and format of alert messages to be conveyed on mass alert systems, changeable message signs, or other information systems relating to an active shooter; (3) the coordination of State, Tribal, and local active shooter alert communications plans within a region for the use of mass alert systems relating to an active shooter; (4) the planning and designing of mass alert systems for multilingual communication with local residents, motorists, travelers, and individuals in the vicinity of an active shooter, which system may include the capability for issuing wide area alerts to local residents, motorists, travelers, and individuals in the vicinity of an active shooter; (5) the planning of systems and protocols to facilitate the efficient issuance of active shooter alerts and other key information to local residents, motorists, travelers, and individuals in the vicinity of an active shooter during times of day outside of normal business hours; (6) the provision of training and guidance to transportation authorities to facilitate the appropriate use of mass alert systems and other information systems for the notification of local residents, motorists, travelers, and individuals in the vicinity of an active shooter; and (7) the development of appropriate mass alert systems to ensure that alerts sent to individuals in the immediate vicinity of an active shooter do not alert the active shooter to the location of individuals sheltering in place near the active shooter. (d) Integrated Public Alert and Warning System In carrying out duties under subsection (b), the Coordinator shall notify and coordinate with the Administrator of FEMA, the Secretary of Transportation, and the Chairman of the FCC on using the Integrated Public Alert and Warning System to issue alerts for the Network. (e) Report Not later than 18 months after the date of enactment of this Act, and every 2 years thereafter until each of State, Tribal, and local government has adopted an active shooter alert protocol, the Coordinator, in consultation with the Administrator of FEMA, the Secretary of Transportation, and the Chairman of the FCC, shall submit to Congress a report on— (1) the activities of the Coordinator; and (2) the effectiveness and status of the active shooter alert communications plan of each State, Tribal, and local government within each region in which such governments have coordinated their plans. 4. Standards for issuance and dissemination of alerts through active shooter alert communications network (a) Establishment of best practices (1) In general Subject to subsection (c), the Coordinator, using the recommendations of the Advisory Panel and in coordination with the Administrator of FEMA, the Secretary of Transportation, the Chairman of the FCC, local broadcasters, and Federal, State, Tribal, and local law enforcement agencies, shall establish best practices for— (A) the issuance of alerts through the Network; (B) the extent of the dissemination of alerts issued through the Network; and (C) the achievement of the goals described in section 3(c). (2) Updating best practices (A) Review Not less frequently than once every 5 years, the Coordinator shall review the best practices established under paragraph (1) to ensure that the best practices are consistent with updated data and recommendations on active shooter situations and technological advancements in the Integrated Public Alert and Warning System or other technologies. (B) Convening Advisory Panel The Coordinator shall convene the Advisory Panel as necessary to provide updated recommendations if the Coordinator determines under subparagraph (A) that the best practices established under paragraph (1) need to be updated. (b) Advisory Panel (1) In general Not later than 90 days after the date of enactment of this Act, the Coordinator shall establish an Advisory Panel to make recommendations with respect to the establishment of best practices under subsection (a). (2) Membership The Advisory Panel shall be comprised of not fewer than 9 members, including— (A) not fewer than 5 law enforcement officers, including not less than 1 nonsupervisory law enforcement officer, who have responded to active shooter incidents and who represent rural, suburban, and urban communities; (B) not less than 1 public safety expert who is not a law enforcement officer and who has responded to an active shooter incident; (C) not less than 1 emergency response official who is not a law enforcement officer; (D) not less than 1 city planning expert; and (E) not less than 1 mental and behavioral health expert. (3) Recommendations Not later than 15 months after the date of enactment of this Act, the Advisory Panel shall submit to Coordinator recommendations with respect to the establishment of best practices under subsection (a). (c) Limitations (1) In general The best practices established under subsection (a) shall— (A) be adoptable on a voluntary basis only; and (B) to the maximum extent practicable (as determined by the Coordinator, in consultation with State, Tribal, and local law enforcement agencies), provide that— (i) appropriate information relating to an active shooter response is disseminated to the appropriate law enforcement, public health, communications, and other public officials; and (ii) the dissemination of an alert through the Network be limited to the geographic areas most likely to be affected by, or able to respond to, an active shooter situation. (2) No interference In establishing best practices under subsection (a), the Coordinator may not interfere with systems of voluntary coordination between local broadcasters and State, Tribal, and local law enforcement agencies for improving and implementing the Network. 5. Comptroller General study on State responses to active shooter situations requiring the issuance of public alerts and warnings (a) Study (1) In general The Comptroller General of the United States shall conduct a study on State and local responses to active shooters and situations requiring the issuance of a public alert or warning. (2) Contents In conducting the study under paragraph (1), the Comptroller General shall address each of the following: (A) Differences between the definitions of the term active shooter used by different States. (B) The amount of time it takes and the process in each State to receive approval from the State alerting officials after a local law enforcement agency requests the issuance of a public alert or warning, such as an AMBER Alert, a Blue Alert, or an Ashanti alert. (C) A comparison of the timing and effectiveness of the issuance of public alerts and warnings by State, Tribal, and local alerting officials. (b) Report to Congress Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the findings of the study conducted under subsection (a). 6. Authorization of appropriations (a) In general There is authorized to be appropriated to the Attorney General to carry out this Act $2,000,000 for fiscal year 2023. (b) Availability of funds Amounts appropriated under subsection (a) shall remain available until expended. 7. Limitation on liability (a) In general Nothing in this Act may be construed to provide that a participating agency, or an officer, employee, or agent thereof, shall be liable for any act or omission pertaining to the Network. (b) State or other Federal law Nothing in this section may be construed to limit the application of any State or other Federal law providing for liability for any act or omission pertaining to the Network. | https://www.govinfo.gov/content/pkg/BILLS-117s4968is/xml/BILLS-117s4968is.xml |
117-s-4969 | II 117th CONGRESS 2d Session S. 4969 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Thune (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to disallow a deduction for charitable contributions for certain purposes relating to college athletics.
1. Short title This Act may be cited as the Athlete Opportunity and Taxpayer Integrity Act . 2. Disallowance of deduction for contributions for certain purposes relating to college athletics (a) In general Section 170 of the Internal Revenue Code of 1986 is amended by redesignating subsections (p) and (q) as subsections (q) and (r), respectively, and by inserting after subsection (o) the following new subsection: (p) Contributions for certain purposes relating to college athletics (1) In general No deduction shall be allowed for any contribution any portion of which is used by the donee to compensate 1 or more secondary or post-secondary school athletes for the use of their name, image, or likeness by reason of their status as athletes. (2) Exception Paragraph (1) shall not apply to any contribution made directly to an organization which is an eligible educational institution (as defined in section 25A(f)(2)). . (b) Conforming amendment Section 63(b)(4) of the Internal Revenue Code of 1986 is amended by striking 170(p) and inserting 170(q) . (c) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4969is/xml/BILLS-117s4969is.xml |
117-s-4970 | II 117th CONGRESS 2d Session S. 4970 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Blumenthal (for himself, Mr. Scott of South Carolina , Mr. Murphy , Mrs. Capito , Mr. Bennet , 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 Higher Education Act of 1965 to promote comprehensive campus mental health and suicide prevention plans, and for other purposes.
1. Short title This Act may be cited as the Enhancing Mental Health and Suicide Prevention Through Campus Planning Act . 2. Encouraging campus comprehensive mental health and suicide prevention plans Part L of title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161l et seq. ) is amended— (1) by redesignating section 826 as section 827; and (2) by inserting after section 825 the following new section: 826. Encouraging campus comprehensive mental health and suicide prevention plans (a) In general The Secretary shall make efforts to encourage institutions of higher education to develop and implement comprehensive campus mental health and suicide prevention plans. Such efforts— (1) shall be conducted in coordination with the Secretary of Health and Human Services (acting through the Administrator of the Substance Abuse and Mental Health Services Administration); (2) shall align with— (A) the efforts of the Suicide Prevention Resource Center, specifically the Center’s model of nine strategies that form a comprehensive approach to suicide prevention; (B) the 21st Century Cures Act ( Public Law 114–225 ); and (C) the programs authorized under the Garrett Lee Smith Memorial Act ( 42 U.S.C. 201 note; Public Law 108–355 ); (3) shall take into consideration existing State efforts to address mental health and suicide prevention at institutions of higher education; and (4) may be carried out in collaboration with nonprofit organizations and other experts and stakeholders in the field of campus mental health and suicide prevention. (b) Reports The Secretary, or a designee of the Secretary, shall report to Congress on the efforts of the Secretary carried out under this section— (1) not later than 1 year after the date of enactment of the Enhancing Mental Health and Suicide Prevention Through Campus Planning Act ; and (2) 3 years after the date of enactment of such Act. (c) Construction Nothing in this section shall be construed as creating new statutory requirements for institutions of higher education or granting the Secretary new regulatory authority. . | https://www.govinfo.gov/content/pkg/BILLS-117s4970is/xml/BILLS-117s4970is.xml |
117-s-4971 | II 117th CONGRESS 2d Session S. 4971 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mrs. Blackburn (for herself and Ms. Lummis ) 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 Agriculture to establish an innovative agricultural technology pilot program, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Innovative Agricultural Technology 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. Definition of Secretary. TITLE I—Innovative Agricultural Technology Pilot Program Sec. 101. Purpose. Sec. 102. Definitions. Sec. 103. Establishment. Sec. 104. Applications. Sec. 105. Testing of innovative agricultural technologies. Sec. 106. Administration. Sec. 107. Reports. TITLE II—Distributed ledger technology applications in agriculture Sec. 201. Distributed ledger technology educational program. Sec. 202. Study of distributed ledger technology applications in agriculture. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Agriculture. I Innovative Agricultural Technology Pilot Program 101. Purpose The purpose of this title is to establish a pilot program to enable an eligible entity to obtain limited access to the market to test innovative agricultural technologies without obtaining a license or other authorization that may otherwise be required for those innovative agricultural technologies. 102. Definitions In this title: (1) Consumer The term consumer means an entity that purchases from an eligible entity a product or service relating to an innovative agricultural technology under the pilot program. (2) Eligible entity The term eligible entity means— (A) an individual who is a United States citizen residing in the United States; and (B) a United States corporation or other organized entity— (i) headquartered in the United States; (ii) operating in the United States; and (iii) with a physical presence, other than that of a registered office or agent or virtual mailbox, in the United States. (3) Innovative agricultural technology The term innovative agricultural technology means a technological innovation relating to agriculture in— (A) Global Positioning System-based or geospatial mapping; (B) satellite or aerial imagery; (C) yield monitoring; (D) soil mapping; (E) sensors for gathering data on crop, soil, or livestock conditions; (F) internet of things and telematics technologies; (G) data management software and advanced analytics; (H) network connectivity products and solutions; (I) Global Positioning System guidance or auto-steer systems; (J) supply chain platform technologies; (K) distributed ledger technology applications for tracing or sourcing agricultural products; (L) financial technology products or services specifically for agricultural producer credit and loan opportunities; (M) variable rate technology for applying inputs, such as section control; (N) nonfungible digital assets; and (O) any other technology, as determined by the Secretary. (4) Pilot program The term pilot program means the Innovative Agricultural Technology Pilot Program established under section 103(a). 103. Establishment (a) In general The Secretary shall establish a pilot program, to be known as the Innovative Agricultural Technology Pilot Program . (b) Consultation (1) In general In carrying out the pilot program, the Secretary shall consult with the Secretary of Labor, the Secretary of Transportation, the Administrator of the Environmental Protection Agency, the Federal Communications Commission, and applicable State agencies. (2) Federal Communications Commission The Federal Communications Commission shall advise the Secretary regarding any products or services relating to innovative agricultural technologies that would need approval, including preliminary approval, of the Federal Communications Commission to be tested under the pilot program. 104. Applications (a) In general An eligible entity shall apply to participate in the pilot program by submitting to the Secretary an application at such time and in such manner as the Secretary may require. (b) Inclusions An application submitted under subsection (a) shall include— (1) contact information for the eligible entity; (2) any provisions of law (including regulations) that the eligible entity seeks to make inapplicable with respect to the innovative agricultural technology to be tested because that innovative agricultural technology was not considered when the provision of law was enacted or promulgated; (3) a description of the innovative agricultural technology to be tested, including— (A) the means by which the innovative agricultural technology would benefit consumers; (B) the means by which the innovative agricultural technology would aim to reduce costs to consumers; (C) the means by which the innovative agricultural technology is different from other technologies in operation; and (D) if the innovative agricultural technology involves the use of software, hardware, or other technology developed for the purpose of implementing or operating the innovative agricultural technology, a detailed description of the operation and general content of the software, hardware, or other technology; (4) a description of the proposed plan of the eligible entity for testing the innovative agricultural technology, including estimated time periods for market entry and market exit; (5) the means by which the eligible entity will wind down the testing and protect consumers if the testing fails to comply with the terms of the pilot program; (6) sufficient information to demonstrate that the eligible entity has— (A) an adequate understanding of the innovative agricultural technology; and (B) a sufficient plant to test, monitor, and assess the innovative agricultural technology while ensuring consumers are protected from harm; (7) a description of the potential risk to consumers during testing of the innovative agricultural technology and the methods that will be used to protect consumers and resolve complaints during the period of testing; and (8) a description of the availability to the eligible entity of the necessary personnel and adequate financial and technical expertise to carry out testing of the innovative agricultural technology. (c) Additional information The Secretary may request the submission of such additional information by the eligible entity as the Secretary determines to be reasonably necessary to evaluate an application submitted under subsection (a). (d) Application fee The Secretary shall collect from an eligible entity that submits an application under subsection (a) a $500 fee for each application submitted. (e) Consultation (1) Prior to submission An eligible entity may contact and consult with staff of the Department of Agriculture before submitting an application under subsection (a). (2) Agencies The Secretary may consult with applicable agencies before approving or denying an application submitted under subsection (a). (f) Approval or denial (1) Deadline Not later than 90 days after the date on which the Secretary receives an application submitted under subsection (a), the Secretary shall notify the applicable eligible entity whether the application is approved or denied. (2) Requirements The Secretary shall not approve an application submitted under subsection (a) unless the Secretary determines, in the sole discretion of the Secretary, that the applicable eligible entity has demonstrated that— (A) the eligible entity— (i) has an adequate understanding of the applicable innovative agricultural technology; (ii) is financially responsible; and (iii) has an adequate plan to test, monitor, and assess the innovative agricultural technology; and (B) the health, safety, privacy, and security of consumers will be adequately protected in the testing of the applicable innovative agricultural technology. (3) Consideration In reviewing an application submitted under subsection (a), the Secretary shall consider whether a competitor to the applicable eligible entity is, or has been, a successful participant in the pilot program. 105. Testing of innovative agricultural technologies (a) In general On approval of an application under section 104— (1) the applicable eligible entity shall become a participant in the pilot program; (2) the Secretary shall certify the provisions of law (including regulations) to which the eligible entity and the applicable innovative agricultural technology would ordinarily be subject but to which the eligible entity and the applicable innovative agricultural technology is not subject during the participation of the eligible entity in the pilot program; and (3) during the participation of the eligible entity in the pilot program, the eligible entity and the applicable innovative agricultural technology shall not be subject to the provisions of law (including regulations) certified by the Secretary under paragraph (2). (b) Duration Except as provided in subsections (g) and (h)(2), the period of participation in the pilot program shall be 4 years beginning on the date on which the applicable application is approved under section 104. (c) Requirements of consumers (1) Agreements To participate in testing of an innovative agricultural technology under the pilot program, a consumer shall enter into an agreement with the Secretary. (2) Residency A consumer participating in testing of an innovative agricultural technology under the pilot program shall be a United States citizen residing in the United States. (3) Limitation Not more than 25,000 consumers may enter into an agreement to test each innovative agricultural technology under the pilot program. (d) Disclosures to consumers (1) In general An eligible entity shall provide to a consumer participating in testing of any product or service relating to an innovative agricultural technology under the pilot program the following information: (A) The name and contact information of the eligible entity. (B) A disclosure that— (i) the Secretary has authorized the product or service to be made available to consumers for a temporary period; (ii) the product or service may not be required to comply with all statutory and regulatory requirements; (iii) the Secretary does not endorse, warrant, or recommend to consumers the product or service; and (iv) the product or service— (I) is undergoing testing under the pilot program; (II) may be discontinued at the end of the testing period; (III) may not function as intended; and (IV) may entail financial risk. (C) The expected end date of the period of testing of the product or service. (D) The contact information, including a telephone number, website, and appropriate email address of the Department of Agriculture, which the consumer may use to file a complaint relating to the product or service. (E) Such additional information as the Secretary may require. (2) Manner and timing of disclosure The information described in paragraph (1) shall be provided— (A) in writing; (B) in such format as the Secretary may require; and (C) before the consumer purchases, receives, or uses any product or service under the pilot program. (e) Loans An eligible entity participating in the pilot program may provide a loan to a consumer in an amount that is not more than $75,000. (f) Liability in case of bodily harm If a consumer experiences bodily harm caused by a product or service during testing under the pilot program, notwithstanding subsection (a)(3), the Secretary may impose liability under any provision of law to which the applicable eligible entity and the applicable innovative agricultural technology are made not subject under that subsection. (g) Suspension or termination of participation The Secretary may suspend or terminate the participation of an eligible entity in the pilot program, at any time, if the Secretary determines that— (1) the eligible entity made a material error, false statement, misrepresentation, or material omission in the application submitted under section 104(a); (2) the applicable innovative agricultural technology is endangering consumers; or (3) the eligible entity has violated the conditions of participation in the pilot program. (h) Expiration or extension of testing (1) In general Not later than 1 month before the expiration of the period of participation of an eligible entity in the pilot program described in subsection (b), the eligible entity shall— (A) notify the Secretary that the eligible entity will exit the market with respect to the applicable innovative agricultural technology at the expiration of the period of participation; (B) seek an extension in accordance with paragraph (2); or (C) notify the Secretary that the eligible entity is seeking a license or other required authorization to remain in the market with respect to the applicable innovative agricultural technology. (2) Extensions (A) In general An eligible entity participating in the pilot program may submit to the Secretary a request for not more than 1 extension of participation of not longer than 2 years to conduct additional testing or pursue a license or other required authorization to remain in the market with respect to the applicable innovative agricultural technology. (B) Inclusions A request submitted under subparagraph (A) shall include a detailed description of the results of testing under the initial testing period, including— (i) a description of how the applicable innovative agricultural technology— (I) added value to consumers; (II) was economically viable for consumers; (III) brought new and reasonably priced technology to consumers; (IV) did not pose an unreasonable risk of harm to consumers; and (V) provided consumers protection; (ii) a description of statutory and regulatory issues that continue to limit the applicable innovative agricultural technology from being used, issued, sold, solicited, distributed, or advertised in the market; (iii) a description of how the applicable innovative agricultural technology is functioning in the market and the manner in which the applicable innovative agricultural technology is offered or provided; (iv) a log of consumer complaints relating to testing of the applicable innovative agricultural technology and a description of the process for addressing those consumer complaints; and (v) such other information as the Secretary may require. (C) Application fee The Secretary shall collect from an eligible entity that submits a request under subparagraph (A) a $250 fee for each request submitted. (D) Approval or denial The Secretary, in the sole discretion of the Secretary, shall approve or deny a request submitted under subparagraph (A). (3) Continuing obligations If testing under the pilot program includes products or services that require an eligible entity to fulfill obligations to a consumer after the expiration of the period of testing under the pilot program, such as servicing of a loan, that expiration shall not relieve the eligible entity of those obligations. 106. Administration (a) Recordkeeping An eligible entity participating in the pilot program shall— (1) retain records, documents, and data produced in the ordinary course of business regarding an innovative agricultural technology tested under the pilot program; and (2) make, maintain, and preserve books and records in accordance with regulations promulgated by the Secretary to carry out this paragraph. (b) Confidentiality (1) Definition of records In this subsection, the term records means application materials, documents, and other records submitted to or obtained by the Secretary in administering the pilot program. (2) Privacy Records shall not be public records or open to inspection by the public. (3) Proprietary records Records, other than application materials, shall be considered to be proprietary and contain trade secrets. (4) Legal action Notwithstanding paragraphs (2) and (3), the Secretary may use records in furtherance of regulatory or legal action brought as part of the official duties of the Secretary. (5) Liability The Secretary or a person acting under the authority of the Secretary who receives or views records shall not be liable for the information or data received or viewed. (6) Effect Nothing in this subsection prevents the disclosure of information that is admissible as evidence in a civil or criminal proceeding brought by a Federal agency to enforce or prosecute a civil or criminal violation of law. 107. Reports (a) Reports to the Secretary (1) In general Every 180 days, an eligible entity participating in the pilot program shall submit to the Secretary a report in such form as the Secretary may require that contains the following information: (A) The period of time that the eligible entity has been marketing the applicable innovative agricultural technology to consumers. (B) The successes, or failures, of the applicable innovative agricultural technology. (C) The challenges, and potential future challenges, of the applicable innovative agricultural technology. (D) The number of consumers who have received any product or service relating to the applicable innovative agricultural technology. (E) The means by which the eligible entity has worked to ensure the health, safety, security, and privacy of consumers have been protected. (F) Any other information the Secretary may require. (2) Failure of compliance If an innovative agricultural technology tested under the pilot program fails to comply with any requirements of the pilot program before the expiration of the testing period, the applicable eligible entity shall— (A) notify the Secretary of that failure; and (B) submit to the Secretary a report describing actions taken to ensure consumers have not been harmed as a result of that failure. (b) Reports to Congress Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report describing— (1) the pilot program, including recommendations relating to the pilot program; and (2) any provisions of law (including regulations) that hinder innovation in agriculture. II Distributed ledger technology applications in agriculture 201. Distributed ledger technology educational program (a) In general Not later than January 1, 2024, the Secretary shall establish an online program that teaches agricultural producers— (1) the benefits of implementing distributed ledger technology in agricultural production, distribution, and sales; (2) the different distributed ledger technology programs that exist for agricultural producers; and (3) the requirements to begin using a distributed ledger technology program for agricultural producers. (b) Consultation In developing the program under this section, the Secretary shall consult with distributed ledger technology experts in the agricultural industry. (c) Outreach The Secretary shall publicize, and encourage agricultural producers to participate in, the program under this section. (d) Termination This section shall cease to have effect on July 1, 2030. 202. Study of distributed ledger technology applications in agriculture (a) In general The Secretary, in coordination with such other relevant Federal agencies as the Secretary determines to be appropriate, shall conduct a study to identify potential applications for distributed ledger technology in agricultural operations. (b) Inclusions The study conducted under subsection (a) shall include an examination of— (1) how distributed ledger technology can be used to trace the origin of a product; (2) the potential use of distributed ledger technology to monitor farm conditions; (3) the potential use of distributed ledger technology for maintenance records of production and transportation equipment; (4) implementing the use of distributed ledger technology for data verification and certification; (5) the potential use of distributed ledger technology for tracking and ordering supplies; (6) the potential use of distributed ledger technology as a tool for asset exchange, including payments for sales and storage of products and equipment; and (7) such other matters as the Secretary determines to be appropriate. (c) Report Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the other relevant Federal agencies described in subsection (a), shall submit a report containing the findings and recommendations of the study conducted under that subsection to— (1) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (2) the Committee on Commerce, Science, and Transportation of the Senate; (3) the Committee on Agriculture of the House of Representatives; and (4) the Committee on Energy and Commerce of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s4971is/xml/BILLS-117s4971is.xml |
117-s-4972 | II 117th CONGRESS 2d Session S. 4972 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mrs. Shaheen (for herself, Mr. Cornyn , Mr. Blumenthal , Mr. Wicker , Mr. Scott of Florida , Mr. Kaine , Mrs. Fischer , Ms. Duckworth , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish the Critical Munitions Acquisition Fund.
1. Short title This Act may be cited as the Promoting Readiness for Overseas Contingencies and Unexpected Responses Emergencies Act or the PROCURE Act . 2. Critical Munitions Acquisition Fund (a) Establishment There shall be established in the Treasury of the United States a revolving fund to be known as the Critical Munitions Acquisition Fund (in this section referred to as the Fund ). (b) Purpose Amounts in the Fund shall be made available by the Secretary of Defense— (1) to ensure that adequate stocks of munitions that the Secretary deems critical due to a reduction in stocks or identification as having a high use rate are available for allies and partners of the United States during the war in Ukraine and future conflicts; and (2) to finance the acquisition of critical munitions in advance of the transfer of such munitions to foreign countries during the war in Ukraine and future conflicts. (c) Additional authority The Secretary may also use amounts made available to the Fund to keep on continuous order munitions that the Secretary deems as critical due to a reduction in current stocks or identification as having a high-use rate during the war in Ukraine or a potential high-use rate during a future conflict. (d) Deposits (1) In general The Fund shall consist of each of the following: (A) Collections from sales made under letters of offer (or transfers made under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. )) of munitions acquired using amounts made available from the Fund pursuant to this section, representing the value of such items calculated, as applicable, in accordance with— (i) subparagraph (B) or (C) of section 21(a)(1) of the Arms Export Control Act ( 22 U.S.C. 2761(a)(1) ); (ii) section 22 of the Arms Export Control Act ( 22 U.S.C. 2762 ); or (iii) section 644(m) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403(m) ). (B) Such amounts as may be appropriated pursuant to the authorization under this section or otherwise made available for the purposes of the Fund. (C) Not more than $500,000,000 may be transferred to the Fund for any fiscal year, in accordance with subsection (e), from amounts authorized to be appropriated for the Department in such amounts as the Secretary determines necessary to carry out the purposes of this section, which shall remain available until expended. The transfer authority provided under this subparagraph is in addition to any other transfer authority available to the Secretary. (2) Contributions from foreign governments (A) In general Subject to subparagraph (B), the Secretary of Defense may accept contributions of amounts to the Fund from any foreign entity, foreign government, or international organization. Any amounts so accepted shall be credited to the Critical Munitions Acquisition Fund and shall be available for use as authorized under subsection (b). (B) Limitation The Secretary may not accept a contribution under this paragraph if the acceptance of the contribution would compromise, or appear to compromise, the integrity of any program of the Department of Defense. (C) Notification If the Secretary accepts any contribution under this paragraph, the Secretary shall notify the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives. The notice shall specify the source and amount of any contribution so accepted and the use of any amount so accepted. (e) Notice and wait requirements (1) In general No amount may be transferred pursuant to subsection (d)(1)(C) until the date that is 15 days after the date on which the Secretary notifies the congressional defense committees in writing of the amount and purpose of the proposed transfer. (2) Ammunition purchases No amounts in the Fund may be used to purchase ammunition, as authorized by this Act, until the date that is 15 days after the date on which the Secretary notifies the congressional defense committees in writing of the amount and purpose of the proposed purchase. (3) Foreign transfers No munition purchased using amounts in the Fund may be transferred to a foreign country until the date that is 15 days after the date on which the Secretary notifies the congressional defense committees in writing of the proposed transfer. (f) Limitation No munition acquired by the Secretary of Defense using amounts made available from the Fund pursuant to this section may be transferred to any foreign country unless such transfer is authorized by the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), or other applicable law, except as follows: (1) The Secretary of Defense may authorize the use by the Department of Defense of munitions acquired under this section prior to transfer to a foreign country, if such use is necessary to meet national defense requirements and the Department bear the costs of replacement and transport, maintenance, storage, and other such associated costs of such munitions. (2) Except as required by paragraph (1), amounts made available to the Fund may be used to pay for storage, maintenance, and other costs related to the storage, preservation, and preparation for transfer of munitions acquired under this section prior to their transfer, and the administrative costs of the Department of Defense incurred in the acquisition of such items, to the extent such costs are not eligible for reimbursement pursuant to section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b) ). (g) Termination The authority for the Fund under this section shall expire on December 31, 2024. (h) Semiannual report (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the use of the Fund. (2) Elements The report required under paragraph (1) shall include— (A) an accounting of all inlays and outflows in the Fund; (B) a list of munitions procured by type, make, model, and quantity, together with a justification for the procurement; (C) an assessment of the status of munitions procured to include munitions in production, those placed in stockpile, and those set aside or transferred to a non-Federal government entity; (D) an updated list of munitions designated consistent with subsection (b), along with a justifications for munitions designated and estimated procurement quantity objectives; and (E) any other matters the Secretary determines appropriate. (3) Form The report required under paragraph (1) shall be submitted to Congress in an unclassified form without any additional disseminations controls, but may include a classified or otherwise restricted annex as necessary. | https://www.govinfo.gov/content/pkg/BILLS-117s4972is/xml/BILLS-117s4972is.xml |
117-s-4973 | II 117th CONGRESS 2d Session S. 4973 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Toomey (for himself, Mr. Scott of South Carolina , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 to clarify the fiduciary duties regarding asset classes.
1. Short title This Act may be cited as the Retirement Savings Modernization Act . 2. Fiduciary duties regarding asset classes under ERISA Section 404(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a) ) is amended by adding at the end the following: (3) (A) A fiduciary shall not be liable for a breach of fiduciary duties under this section solely for— (i) recommending, selecting, or monitoring any covered investment as an investment option for a plan; or (ii) causing the plan to make any payment or incur any expense, associated with such covered investment. (B) For purposes of subparagraph (A): (i) The term covered investment — (I) means any direct or indirect investment; and (II) includes, but is not limited to, any of the following: (aa) Commodities. (bb) Debt, including public and private credit. (cc) Digital assets. (dd) Hedge funds. (ee) Infrastructure. (ff) Insured products and annuities. (gg) Private equity. (hh) Real assets. (ii) Real estate or real estate-related securities. (jj) Securities that are listed on a national securities exchange. (kk) Venture capital. (ll) An investment in any fund, commingled account, or pooled investment vehicle that invests in any investment, including but not limited to an investment described in items (aa) through (kk). (ii) The terms exchange and security have the meanings given the terms in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (iii) The term national securities exchange means an exchange registered as a national securities exchange pursuant to section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ). (C) Nothing in this paragraph shall be construed as providing an exemption or safe harbor from the requirements of paragraph (1). . | https://www.govinfo.gov/content/pkg/BILLS-117s4973is/xml/BILLS-117s4973is.xml |
117-s-4974 | II 117th CONGRESS 2d Session S. 4974 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Padilla (for himself, Ms. Warren , Mr. Luján , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 249 of the Immigration and Nationality Act to render available to certain long-term residents of the United States the benefit under that section.
1. Short title This Act may be cited as the Renewing Immigration Provisions of the Immigration Act of 1929 . 2. Registry (a) In general Section 249 of the Immigration and Nationality Act ( 8 U.S.C. 1259 ) is amended— (1) in the section header, by striking entered the united states prior to july 1, 1924 or january 1, 1972 ; and inserting are long-term residents of the united states ; and (2) by amending subsection (a) to read as follows: (a) entered the United States at least 7 years before the application date; . (b) Effective date The amendments made by this section shall take effect 60 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4974is/xml/BILLS-117s4974is.xml |
117-s-4975 | II 117th CONGRESS 2d Session S. 4975 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Blumenthal (for himself and Mr. Boozman ) 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 promote assistance from entities recognized by the Secretary of Veterans Affairs for individuals who file certain claims under laws administered by the Secretary, and for other purposes.
1. Short title This Act may be cited as the Veterans Claims Education Act of 2022 . 2. Promotion of assistance from entities recognized by the Secretary of Veterans Affairs for individuals who file certain claims under laws administered by the Secretary (a) Notice to claimants of available assistance from recognized entities Section 5103A of title 38, United States Code, is amended— (1) by redesignating subsections (g) through (i) as subsections (h) through (j), respectively; and (2) by inserting after subsection (f) the following new subsection (g): (g) (1) Upon receipt of an initial claim by a claimant not represented in such claim by an accredited entity, the Secretary shall provide notice to the claimant that— (A) such an accredited entity may assist the claimant; (B) provides the web address of an online search tool that lists entities that assist in the filing of such claims; and (C) provides the web address of an appropriate and publicly accessible website of the Department through which a claimant may report— (i) an entity, which is not an accredited entity, that filed a claim on the behalf of such claimant or assisted a claimant in such filing; and (ii) any fee charged by such entity to such claimant. (2) In this subsection: (A) The term accredited entity means— (i) a veterans service organization recognized under section 5902 of this title; or (ii) an attorney, agent, or other entity recognized under section 5904 of this title. (B) The term represent means to prepare, present, or prosecute a claim under a law administered by the Secretary. . (b) Online information regarding entities that assist claimants The Secretary of Veterans Affairs shall include, in each web portal of the Department of Veterans Affairs, through which an individual may file a claim for a benefit administered by the Under Secretary for Benefits or the Under Secretary for Health, a warning regarding fees an agent or attorney may charge such individual for assistance in filing such claim. Such warning shall include the following: (1) A link to the search tool described in subparagraph (B) of section 5103A(g)(1) of such title, as amended by subsection (a). (2) A link to the website of the Department described in subparagraph (C) of section 5103A(f)(1) of such title, as amended by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s4975is/xml/BILLS-117s4975is.xml |
117-s-4976 | II 117th CONGRESS 2d Session S. 4976 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. King (for himself, Mr. Lankford , Mr. Tillis , Ms. Collins , Mr. Manchin , Mr. Cornyn , and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Trademark Act of 1946 to provide that the licensing of a mark for use by a related company may not be construed as establishing an employment relationship between the owner of the mark, or an authorizing person, and either that related company or the employees of that related company, and for other purposes.
1. Short title This Act may be cited as the Trademark Licensing Protection Act of 2022 . 2. Safe harbor Section 5 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the Trademark Act of 1946 ) ( 15 U.S.C. 1055 ), is amended— (1) in the first sentence, by striking Where a and inserting the following: (a) In general Where a ; and (2) by adding at the end the following: (b) Consistency in use (1) Definitions In this subsection— (A) the term authorizing person means a person that is authorized by the owner of a mark to license that mark for use by a related company; (B) the term communicate , with respect to subparagraph (D)(i)(II), does not include any communication related to a personnel or employment policy or procedure; (C) the term employment relationship means any type of joint employer relationship, single employer relationship, or other employment-related status or relationship; (D) the term exercise control over the mark — (i) includes, but is not limited to, requiring a related company to— (I) complete training conducted for the purpose of preserving or enhancing goodwill, a reputation, uniformity, or the expectation of the public with respect to the nature and quality of goods or services associated with a mark; or (II) communicate with the owner of a mark, or an authorizing person, with respect to preserving or enhancing goodwill, a reputation, uniformity, or the expectation of the public with respect to the nature and quality of goods or services associated with a mark; and (ii) does not include any personnel or employment policy or procedure that is communicated— (I) by— (aa) the owner of a mark; or (bb) an authorizing person; and (II) to— (aa) a related company with respect to the mark; or (bb) any employee of a related company described in item (aa); (E) the term franchise means a franchise, as defined— (i) in section 436.1(h) of title 16, Code of Federal Regulations, as in effect on the date of enactment of this subsection; or (ii) under an applicable State franchise law; (F) the term franchisee means a franchisee, as defined— (i) in section 436.1(i) of title 16, Code of Federal Regulations, as in effect on the date of enactment of this subsection; or (ii) under an applicable State franchise law; (G) the term franchisor means a franchisor, as defined— (i) in section 436.1(k) of title 16, Code of Federal Regulations, as in effect on the date of enactment of this subsection; or (ii) under an applicable State franchise law; and (H) the term personnel or employment policy or procedure means— (i) any contractually retained right of the owner of a mark, or an authorizing person, to directly control a related company’s hiring, promotion, firing, or discipline of the employees of such related company; (ii) any contractually retained right of the owner of a mark, or an authorizing person, to directly control a related company’s rates of pay, including wages and fringe benefits; (iii) any contractually retained right of the owner of a mark, or an authorizing person, to directly control a related company’s assignment of employee work schedules; (iv) any contractually retained right of the owner of a mark, or an authorizing person, to directly control collective bargaining procedures or labor relations; and (v) any contractually retained right of the owner of a mark, or an authorizing person, to directly supervise the employees of a related company. (2) Applicability For the purposes of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ) and the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), none of the following may be construed, alone or in combination with any other factor, as establishing an employment relationship between the owner of a mark that is a franchisor, or an authorizing person that is a franchisor, and a related company with respect to that franchisor, or the employees of that related company: (A) The licensing of the mark for use by that related company or the employees of that related company. (B) Any exercise of control over the mark by that owner or authorizing person, as applicable— (i) with respect to the use of the mark by that related company or the employees of that related company; and (ii) for the purpose of preserving or enhancing goodwill, a reputation, uniformity, or the expectation of the public with respect to the nature and quality of goods or services associated with the mark. . 3. Applicability This Act, and the amendments made by this Act, shall not apply to any proceeding before the National Labor Relations Board that is commenced before the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4976is/xml/BILLS-117s4976is.xml |
117-s-4977 | II 117th CONGRESS 2d Session S. 4977 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Murphy (for himself, Mr. Blumenthal , Mr. Casey , Mrs. Feinstein , Mrs. Gillibrand , Mr. Markey , Mrs. Shaheen , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the unauthorized possession of a firearm at a Federal election site.
1. Short title This Act may be cited as the Vote Without Fear Act . 2. Prohibition on unauthorized firearm possession at a Federal election site (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 935. Prohibition on unauthorized firearm possession at a Federal election site (a) Definition In this section, the term Federal election site means a building or any part thereof at which an employee of the United States, a State, or a political subdivision thereof is engaged in— (1) the administration of a polling place in an election for Federal office; or (2) the processing or counting of ballots cast in such an election. (b) Possession of firearm near Federal election site (1) Offense (A) In general Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. (B) Exceptions Subparagraph (A) shall not apply to— (i) the possession of a firearm by a law enforcement officer employed by the United States, a State, or a political subdivision thereof, or a private security guard hired or arranged for by the owner or manager of a building in which there is a Federal election site, who is authorized by law to possess a firearm and who is on duty; (ii) the possession of a firearm in a vehicle within 100 yards of an entrance to a Federal election site, if the firearm is not removed from the vehicle or brandished while the vehicle is in, or within 100 yards of the entrance to, a Federal election site; or (iii) the otherwise lawful possession of a firearm in a place of residence, in a place of business, or on private property, in or within 100 yards of an entrance to a Federal election site. (2) Penalty Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both. (c) Possession of firearm near Federal election site with intent for use in crime (1) Offense It shall be unlawful for an individual, with intent that a firearm be used in the commission of a crime, to knowingly possess or cause to be present the firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site. (2) Penalty Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both. (d) Homicide An individual who kills any other individual in the course of a violation of subsection (b) or (c), or in the course of an attack on a Federal election site involving the use of a firearm, or attempts or conspires to do so, shall be punished as provided in— (1) section 1111, in the case of murder (as defined in that section); (2) section 1112, in the case of manslaughter (as defined in that section); (3) section 1113, in the case of attempt to commit murder or manslaughter (as those terms are so defined); or (4) section 1117, in the case of conspiracy to commit murder (as so defined). . (b) Clerical amendment The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: 935. Prohibition on unauthorized firearm possession at a Federal election site. . | https://www.govinfo.gov/content/pkg/BILLS-117s4977is/xml/BILLS-117s4977is.xml |
117-s-4978 | II 117th CONGRESS 2d Session S. 4978 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Barrasso (for himself, Ms. Smith , Ms. Baldwin , Mrs. Blackburn , Mr. Hoeven , Ms. Klobuchar , and Ms. Lummis ) 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 State offices of rural health program.
1. Short title This Act may be cited as the State Offices of Rural Health Program Reauthorization Act of 2022 . 2. State offices of rural health Section 338J(i)(1) of the Public Health Service Act ( 42 U.S.C. 254r(i)(1) ) is amended by striking $12,500,000 for each of fiscal years 2018 through 2022 and inserting $15,000,000 for each of fiscal years 2023 through 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s4978is/xml/BILLS-117s4978is.xml |
117-s-4979 | II 117th CONGRESS 2d Session S. 4979 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Schatz (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize grants for emotional support services for incarcerated victims of sexual abuse, and for other purposes.
1. Short title This Act may be cited as the Sexual Abuse Services in Detention Act . 2. Definitions In this Act: (1) Emotional support service The term emotional support service — (A) means emotional support services or counseling for individuals who have experienced sexual abuse at any time in their life; and (B) includes— (i) crisis intervention services; (ii) education about dynamics of sexual abuse and sexual harassment; (iii) sharing resources; (iv) safety planning and discussion of reporting options; (v) telephone hotline services; and (vi) assistance processing trauma reactions and building coping skills. (2) Emotional support service provider The term emotional support service provider means a nonprofit, nongovernmental organization that has— (A) special expertise and broad experience in providing sexual abuse and rape crisis counseling services for survivors, including victims of sexual abuse in correctional settings; and (B) experience with correctional services, such as— (i) understanding the unique dynamics of custodial sexual abuse; (ii) understanding correctional practices and correctional security concerns; or (iii) providing technical assistance and training to correctional officers and administrators. (3) Nonprofit organization The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code. (4) Training services The term training services means providing education, training, and technical assistance on providing emotional support services in corrections settings for incarcerated survivors and victims of sexual abuse. 3. Emotional support services for sexual abuse victims in detention facilities (a) Grants authorized The Attorney General, acting through the Director of the Office for Victims of Crime, may award grants to emotional support service providers for the purpose of collaborating with Federal, State, local, or Tribal authorities to provide emotional support services in corrections settings for incarcerated survivors and victims of sexual abuse. (b) Authorization of appropriations There are authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2028 to carry out this section. (c) Supplement, Not Supplant Amounts made available under this section shall supplement and not supplant any other authorization, appropriation, or grant. 4. Training grants (a) Eligible entity In this section, the term eligible entity mean an entity that has experience providing training services in the manner described in subsection (c). (b) Authority The Attorney General may award grants to eligible entities to carry out the activities described in subsection (c). (c) Use of Funds An eligible entity that receives a grant under subsection (b) shall use amounts received under the grant to— (1) provide training services to a corrections agency or facility seeking to offer emotional support services at the institution; (2) provide training services to correctional officers and administrators; and (3) collect and maintain data on a biannual basis on the usage volume for training services described in paragraphs (1) and (2). (d) Authorization of Appropriations There are authorized to be appropriated $5,000,000 to carry out this section for each of fiscal years 2023 through 2028. 5. Sexual Abuse Services in Detention Resource Center (a) Eligible Organization In this section, the term eligible organization means a nonprofit organization that has special expertise and broad experience in providing the information, guidance, and technical assistance described in subsection (b). (b) Establishment The Attorney General shall establish a national resource center that shall— (1) provide guidance and training series to corrections agencies, prisons, jails, and other detention facilities on establishing, administering, operating, and supporting emotional support services for sexual abuse victims in correctional or detention facilities; (2) provide guidance and training services to emotional support service providers on establishing, administering, operating, and supporting emotional support services for sexual abuse victims in correctional or detention facilities; and (3) collect, compile, and disseminate resources on the delivery of emotional support services in correctional or detention settings, including— (A) training services; (B) research; and (C) best practices. (c) Grant The Attorney General may make a grant to an eligible organization to provide for the establishment, functioning, or implementation of subsection (b). (d) Authorization of appropriations There are authorized to be appropriated $2,000,000 for each of fiscal years 2023 through 2028 to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s4979is/xml/BILLS-117s4979is.xml |
117-s-4980 | II 117th CONGRESS 2d Session S. 4980 IN THE SENATE OF THE UNITED STATES September 28, 2022 Ms. Warren (for herself and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title 11, United States Code, to add a bankruptcy chapter relating to the debt of individuals, and for other purposes.
1. Short title This Act may be cited as the Consumer Bankruptcy Reform Act of 2022 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Chapter 10 individual bankruptcy Sec. 101. Findings and purpose. Sec. 102. Chapter 10 individual bankruptcy. Sec. 103. Repeal of chapter 13. Sec. 104. Other amendments to the Bankruptcy Code. Sec. 105. Data collection. Sec. 106. Electronic signatures. Sec. 107. Judicial education. Sec. 108. Conforming amendments to other laws. TITLE II—Consumer financial protection amendments Sec. 201. Amendments to the Consumer Financial Protection Act of 2010. Sec. 202. Amendments to the Truth in Lending Act. Sec. 203. Amendments to the Fair Credit Reporting Act. Sec. 204. Amendments to the Equal Credit Opportunity Act. Sec. 205. Amendments to the Fair Debt Collection Practices Act. Sec. 206. Amendments to the Electronic Fund Transfers Act. TITLE III—Bankruptcy rules Sec. 301. Rules Enabling Act amendments. Sec. 302. Bankruptcy rules amendments. Sec. 303. Sense of Congress. TITLE IV—Funding the bankruptcy system Sec. 401. Bankruptcy fees. Sec. 402. Trustee compensation. TITLE V—Miscellaneous Sec. 501. Effective date. Sec. 502. Transition. Sec. 503. Severability. I Chapter 10 individual bankruptcy 101. Findings and purpose (a) Findings Congress finds that— (1) individuals and families are often in financial distress for reasons outside of their control, such as job loss, medical bills, or educational debt, and an effective bankruptcy system not only provides those individuals and families with a fresh start but also ensures that they can participate fully in the United States economy; (2) the Bankruptcy Code was adopted in 1978, and, since then, consumer lending has grown dramatically and been transformed by technology and the preemption of State usury and consumer protection laws for certain types of lenders; (3) unnecessary paperwork and overly complex laws increase the cost of bankruptcy and prevent individuals and families in the United States who need help from accessing the bankruptcy system; (4) many consumer debtors cannot afford bankruptcy counsel and must instead save up to pay an attorney to file their bankruptcy petitions; (5) the dual-track bankruptcy system produces racially disparate outcomes that disadvantage people of color; (6) student loan debt burdens are creating distortions in the labor and housing market; (7) the nondischargeability of private student loan debt has not resulted in lower financing costs for student loan borrowers; (8) the inability of debtors to restructure home mortgage loans has led to unnecessary foreclosures that have created hardships for individuals and families and their communities without reducing costs of mortgage financing; (9) individuals and families often rely on their cars to get to work and to get dependents to school and medical appointments but often cannot retain their cars in bankruptcy without paying substantially more than the car is worth; (10) the difficulty of enforcing the discharge injunction has enabled illegal debt collection activity that undercuts the fresh start policy of bankruptcy; (11) existing law does not provide a sufficient deterrent to predatory creditors that harm individuals and families in bankruptcy by violating consumer financial laws or failing to comply with bankruptcy rules; and (12) well-counseled, affluent debtors can avoid repaying creditors through asset protection planning. (b) Purpose The purpose of the Act is to establish a bankruptcy system that helps individuals and families in the United States regain financial stability and protects against abusive and predatory behavior by— (1) streamlining the process of filing for bankruptcy, simplifying court procedures in bankruptcy, and lowering the cost of bankruptcy for both consumers and creditors; (2) creating a single-chapter consumer bankruptcy system that allows consumers greater flexibility in addressing their debts and prevents disparate treatment of similarly situated consumers; (3) offering consumers more and better options to deal with debts, while ensuring the fair treatment of creditors; (4) making it easier for consumers to pay an attorney for counsel or representation in a bankruptcy case; (5) simplifying the identification and treatment of cases by expanding the number of routine cases that are handled by the court in which there is no chance of a reasonable payment to creditors and reducing paperwork requirements in those routine cases; (6) allowing the modification of mortgages on all residences; (7) allowing the modification of car loans based on the market value of a car; (8) allowing the discharge of student loan debt on equal terms with most other types of debt; (9) reducing racial, gender, and other harmful disparities in the availability, accessibility, costs, and outcomes with respect to the bankruptcy process; (10) ensuring the fair treatment of claimants for domestic support obligations; (11) reducing abusive creditor behavior; and (12) closing bankruptcy loopholes that allow the wealthy to exploit the bankruptcy process. 102. Chapter 10 individual bankruptcy (a) In general Title 11, United States Code, is amended by inserting after section 946 the following: 10 Individual bankruptcy SUBCHAPTER I—General provisions Sec. 1001. Trustee. 1002. Rights and powers of debtor. 1003. Debtor engaged in business. 1004. Possession of property of the estate. 1005. Conversion or dismissal. 1006. Treatment of certain contracts and leases. 1007. Treatment of rental purchase agreements. 1008. Obtaining credit. 1009. Stay of action against codebtor. 1010. Interpretive principle. SUBCHAPTER II—Plans 1021. Filing of plans. 1022. Contents of plans. 1023. Plan confirmation hearing. 1024. Confirmation of plans. 1025. Payments under a repayment plan. 1026. Payments under a residence plan or property plan. 1027. Protection of lessors and purchase money lenders. 1028. Effect of confirmation. 1029. Modification of repayment plan. SUBCHAPTER III—Discharge 1031. Discharge; scope and timing. 1032. Revocation of discharge or order of confirmation. SUBCHAPTER IV—Avoidance actions 1041. Treatment of certain liens. 1042. Limitations on avoidance actions. SUBCHAPTER V—Limited proceedings 1051. Election of limited proceeding. 1052. Effect of limited proceeding. 1053. Dismissal or conversion of limited proceedings. I General provisions 1001. Trustee (a) Appointment Except as provided by section 1052, in a case under this chapter, the United States trustee— (1) shall appoint 1 disinterested individual to serve as trustee from the panel of private trustees under section 586(a) of title 28 or a standing trustee under subsection (b) of that section who meets the requirements of a trustee under section 522 of this title; or (2) may serve as trustee. (b) Duties The trustee shall— (1) perform the duties required under paragraphs (2) through (5) and (7) of section 704; (2) appear and be heard at any hearing that concerns— (A) the value of property subject to a lien; or (B) confirmation of a repayment plan, a residence plan, or a property plan; (3) advise, other than on legal matters, and assist the debtor in the formulation of, and performance under, any plan; (4) ensure that the debtor commences making timely payments under section 1025; (5) in the case of a debtor against whom there is a claim for a domestic support obligation, provide the notices required under subsection (d); and (6) in the case of a debtor engaged in business as described in section 1003(a), perform the duties required under paragraphs (3) and (4) of section 1106(a). (c) Prohibitions The trustee may not— (1) serve as an advocate for debtors or creditors; (2) advise debtors or creditors on legal matters; or (3) raise an objection to a plan filed under section 1021 solely on the basis of the treatment of a secured claim under the plan. (d) Domestic support claim notice (1) Definition of state or local child support enforcement agency In this subsection, the term State or local child support enforcement agency means any agency of a State or political subdivision thereof operating pursuant to a plan described in section 454 of the Social Security Act ( 42 U.S.C. 654 ) that has been approved by the Secretary of Health and Human Services under part D of title IV of such Act ( 42 U.S.C. 651 et seq. ). (2) Additional duties In the case of a debtor against whom there is a claim for a domestic support obligation, the trustee shall— (A) provide written notice of the claim to the holder of the domestic support obligation that includes— (i) a notice of the right of the holder to use the services of a State or local child support enforcement agency for assistance in collecting child support during and after the case; and (ii) the address and telephone number of the State or local child support enforcement agency of the State or political subdivision thereof in which the holder resides; (B) provide written notice of the claim to the State or local child support enforcement agency of the State or political subdivision thereof in which the holder resides that includes the name, address, and telephone number of the holder of the domestic support obligation; and (C) on the date on which the debtor is granted a discharge under section 1031, provide written notice to the holder of the domestic support obligation and the State or local child support enforcement agency of the State or political subdivision thereof in which the holder resides of— (i) the granting of the discharge; (ii) the most recent known address of the debtor; (iii) the most recent known name and address of the most recent known employer of the debtor; and (iv) the name of each creditor that holds a claim that is not discharged under paragraph (2) or (4) of section 523(a). (3) Address request (A) In general The holder of a claim for domestic support against the debtor or a State or local child support enforcement agency of the State or political subdivision thereof in which the holder resides may request from a creditor described in paragraph (2)(C)(iv) the most recent known address of the debtor. (B) No liability Notwithstanding any other provision of law, a creditor that makes a disclosure in connection with a request made under subparagraph (A) shall not be liable for making the disclosure. 1002. Rights and powers of debtor (a) In general Subject to any limitations of a trustee under this chapter, the debtor shall have, exclusive of the trustee, the rights and powers of a trustee under— (1) subsections (b), (c), (d), (f), and (l) of section 363; and (2) section 364. (b) Avoidance of transfers The debtor may avoid a transfer of property of the debtor or recover a setoff if— (1) (A) the transfer is avoidable by the trustee under section 544, 545, 547, 548, 549, or 1041 or recoverable by the trustee under section 553; and (B) the trustee does not attempt to avoid the transfer; or (2) section 1042 prohibits the trustee from avoiding the transfer. 1003. Debtor engaged in business (a) In general For the purposes of this chapter, a debtor is engaged in business if the debtor is— (1) self-employed; and (2) required to withhold taxes under section 3402 of the Internal Revenue Code of 1986. (b) Rights Unless the court orders otherwise, a debtor engaged in business may operate the business of the debtor and, subject to any limitations on a trustee under sections 363(c) and 364 and to such limitations or conditions as the court prescribes, shall have, exclusive of the trustee, the rights and powers of the trustee under such sections. (c) Duties A debtor engaged in business— (1) shall perform the duties of the trustee required under section 704(7); and (2) is not subject to the provisions of section 308. 1004. Possession of property of the estate The debtor shall remain in possession of all property of the estate, unless— (1) a confirmed plan or an order confirming a plan provides otherwise; or (2) the court, for cause, orders otherwise. 1005. Conversion or dismissal (a) Conversion on request of debtor At any time, the debtor may convert a case under this chapter to a case under— (1) chapter 11, if the debtor is eligible under section 109(e); or (2) chapter 12, if the debtor is eligible under section 109(f). (b) Conversion or dismissal on request of other parties After notice and a hearing, the court, on its own motion, or on a motion by a creditor, the United States trustee, the trustee, or any other party in interest, may, for cause, dismiss a case under this chapter or, with the consent of the debtor, convert a case under this chapter to a case under chapter 11 or 12, including— (1) unreasonable delay by the debtor that is prejudicial to creditors; (2) nonpayment of any fees or costs required under section 1930 of title 28; (3) failure to timely file a plan under section 1021, unless the debtor is eligible for a discharge without a plan under section 1031; (4) failure to commence making timely payments required under section 1025 if the debtor files a repayment plan; (5) denial of confirmation of a plan under section 1024 and denial of a request for additional time for filing another plan; (6) except as provided by section 1052(8), and only on request of the United States trustee, failure of the debtor in a voluntary case to file, not later than 14 days after the date of the commencement of the case, or additional time as the court may allow, the information required under section 521(a)(1); and (7) failure to file a repayment plan, if required, by the deadline prescribed under section 1021(e). (c) Dismissal (1) Dismissal for manifestly improper use of the bankruptcy system (A) In general Notwithstanding subsection (b), after notice and a hearing, the court, on its own motion or on a motion by the United States trustee or the trustee, may dismiss a case on grounds that the granting of relief would be a manifestly improper use of the bankruptcy system. (B) Manifestly improper use of the bankruptcy system For the purpose of subparagraph (A), the failure of a debtor to pay an amount that is greater than the minimum payment obligation under a repayment plan alone does not constitute a manifestly improper use of the bankruptcy system. (2) Dismissal at request of debtor (A) In general With respect to a case that has not been converted under subsection (a)— (i) at the request of the debtor before any plan is confirmed under section 1024, the court shall dismiss the case; and (ii) at the request of the debtor after any plan is confirmed under section 1024, the court shall dismiss the case, unless the United States trustee or the trustee establishes that dismissal would not be in the best interest of creditors. (B) Waiver unenforceable A waiver of the right to dismiss a case under this section shall be unenforceable. (C) No discharge In any case dismissed under this paragraph— (i) the court shall not issue a discharge; and (ii) any discharge previously issued is revoked. 1006. Treatment of certain contracts and leases Notwithstanding a provision in any contract or unexpired lease, or in applicable law, with respect to any contract or unexpired lease of the debtor, the contract or lease and any right or obligation under the contract or lease may not be terminated or modified, and neither the debtor nor any individual liable on such contract or unexpired lease with the debtor may be declared in default under the contract or lease at any time during or after the case, solely because of a provision in the contract or lease that is conditioned on— (1) the insolvency or financial condition of the debtor at any time before the closing of the case; (2) the commencement of a case under this title; (3) the appointment of, or taking possession by— (A) a trustee in a case under this title; or (B) a custodian before the commencement of a case under this title; or (4) the filing of a plan or the exercise of any other right under this title. 1007. Treatment of rental purchase agreements (a) Definition of rental-Purchase agreement In this section, the term rental-purchase agreement means an agreement, irrespective of form— (1) for the use of personal property, other than a vehicle, by the debtor for personal, family, or household purposes; (2) that is renewable with each payment; and (3) that permits, but does not obligate, the debtor to become the owner of the property that is the subject of the agreement. (b) No interest in property For the purpose of this chapter and notwithstanding applicable nonbankruptcy law, the lessor on a rental-purchase agreement does not have an interest in the property covered by the rental-purchase agreement. (c) Election To retain property Notwithstanding section 365, in a case under this chapter, the debtor may elect to retain the property covered by a rental-purchase agreement. (d) Claims of lessor-Seller Notwithstanding sections 365 and 503 and subject to section 502, if the debtor elects to retain the property covered by a rental-purchase agreement, the liability of the debtor to a lessor-seller under the rental-purchase agreement shall— (1) be treated as if the liability arose immediately before the date of the filing of the petition; (2) not be treated as an administrative expense; and (3) be limited to the sum of— (A) accrued and unpaid rent under the rental-purchase agreement; and (B) future rent and other payments due under the rental-purchase agreement. (e) Termination Nothing in this section shall be construed to prohibit the debtor from terminating a rental-purchase agreement. (f) Post-Discharge exercise of lessor-Seller's rights prohibited Any attempt to exercise the rights of a lessor-seller under a rental-purchase agreement or applicable nonbankruptcy law after the issuance of a discharge under section 1028 shall be deemed to be a violation of section 524(a). 1008. Obtaining credit (a) Definition of credit In this section, the term credit has the meaning given the term in section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 ). (b) Obtaining credit (1) In general The debtor in a case under this chapter may not obtain credit outside the ordinary course of the affairs of the debtor without prior authorization by the court. (2) Court approval After notice and a hearing, the court shall authorize the debtor to obtain credit under paragraph (1) or incur debt only if it is in the best interests of the debtor. (3) Voiding of other post-petition credit incurred Any credit obtained or debt incurred by a debtor not in accordance with this subsection is void. (4) Credit rate limit In no event may the court authorize the debtor to obtain credit with an annual percentage rate that exceeds the annual percentage rate described in section 987(b) of title 10. (5) Compliance with nonbankruptcy law Credit obtained by a debtor pursuant to this section shall comply with applicable nonbankruptcy law. (c) Application of section This section shall apply to credit obtained by a debtor until the date on which the case is closed under section 350. 1009. Stay of action against codebtor (a) Collection of debt Except as provided in subsections (b) and (c) of this section, after the entry of the order for relief under this chapter, a creditor may not act or commence or continue any civil action to collect all or any part of a consumer debt of the debtor from any individual that is liable on the consumer debt with the debtor or that secured the consumer debt, unless— (1) the individual became liable on, or secured, the consumer debt in the ordinary course of business of the individual; or (2) the case is closed, dismissed, or converted to a case under chapter 11 or 12 of this title. (b) Negotiable instruments A creditor may present a negotiable instrument, and may give notice of dishonor of such an instrument. (c) Relief from stay On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided under subsection (a) with respect to a creditor, to the extent that— (1) as between the debtor and the individual protected under subsection (a), the individual received consideration for the claim held by the creditor; (2) the plan filed by the debtor does not propose to pay the claim; or (3) the interest of the creditor would be irreparably harmed by a continuation of the stay. (d) Termination of stay On the date that is 20 days after the date on which a party in interest files a request under subsection (c) for relief from the stay provided under subsection (a), the stay shall be terminated with respect to the party in interest, unless the debtor or any individual that is liable on the consumer debt with the debtor files and serves upon the party in interest a written objection to the proposed relief from the stay. 1010. Interpretive principle In cases in under this chapter, the provisions of this title shall be interpreted liberally in favor of relief for consumer debtors. II Plans 1021. Filing of plans (a) In general Except as provided in subsection (c), the debtor may file— (1) a repayment plan that solely provides for the treatment of unsecured claims; (2) a residence plan that solely provides for the treatment of claims secured by the debtor's principal residence; or (3) a property plan that solely provides for the treatment of claims secured by property that is not the debtor's principal residence. (b) Debtors with no minimum payment obligation (1) In general A debtor that has a minimum payment obligation of $0 shall receive a discharge under section 1031 without filing a plan if the debtor is otherwise eligible to receive a discharge under this chapter. (2) Optional plans A debtor that has no minimum payment obligation may elect to file 1 or more plans under subsection (a). (c) Multiple plans (1) In general (A) More than 1 plan Subject to subparagraph (B), the debtor may file 1 or more plans. (B) Prohibition If the court confirms a repayment plan of a debtor, the debtor may not file an additional repayment plan in a case under this chapter. (2) Separate treatment Except as provided in section 1023(a), each plan shall be treated separately for purposes of confirmation, discharge, and revocation of an order of confirmation or discharge. (d) Involuntary cases In a case commenced under section 303— (1) a petitioning creditor may file only a repayment plan under which the minimum payment obligation of the debtor shall be calculated to exclude any amounts required by clause (ii) or (iii) of section 101(54)(B); (2) the debtor may file a repayment plan, which shall supersede any repayment plan filed under paragraph (1); and (3) if more than 1 petitioning creditor files a repayment plan under paragraph (1) and the debtor does not file a repayment plan under paragraph (2), the court shall confirm the repayment plan that is in the best interest of creditors. (e) Filing deadline The debtor shall promptly file a plan within such period of time as permitted in a rule prescribed the Judicial Conference of the United States, except that the court may extend such time period for cause. 1022. Contents of plans (a) Repayment plans (1) In general A repayment plan— (A) shall provide that— (i) the debtor shall satisfy the minimum payment obligation by— (I) making deferred cash payments; or (II) upon request of the trustee, and subject to paragraph (2), tendering to the trustee all property of the estate that is not exempt under section 522 not later than 30 days after the date on which the court confirms the plan, unless the court orders a later date; (ii) any payments under the repayment plan occur during a period not to exceed 36 months from the date on which the first payment is due under a repayment plan under section 1025(b)(1); and (iii) any payment under a repayment plan, other than the final payment, shall be in an amount that is not less than the payments required for 36 equal monthly installments, unless the court orders otherwise for cause, which may include the irregular or seasonal nature of the debtor's income; and (B) may— (i) pursuant to section 365, provide for the assumption, rejection, or assignment of any executory contract or unexpired lease of the debtor that has not previously been assumed or rejected under that section; (ii) provide for the payment in full, in deferred cash payments, over the duration of the repayment plan, of any claim based on a debt of a kind described in section 523 if the plan also provides for the payment in full, in deferred cash payments, of all claims entitled to priority under section 507, other than the claim of a holder that is based on a debt described in section 507 that agrees to a different treatment of that claim; (iii) provide for the exercise of any other power of the debtor or the trustee under this title; (iv) provide for an order garnishing the earnings of the debtor or ordering the authorization of electronic fund transfers from a deposit account of the debtor during the duration of the repayment plan; and (v) include any other appropriate provision not inconsistent with this title. (2) Request for tender by trustee (A) In general The trustee shall request the tender of property of the estate that is not exempt under section 522 only if the liquidation of such property would be reasonably likely to produce a meaningful distribution to creditors. (B) Installment redemption as an alternative to tender In lieu of tendering nonexempt property of the estate under paragraph (1)(A)(i)(II), the debtor may elect to pay to the trustee under the repayment plan an amount equal to the value of the interest of the debtor in such property that is in excess of the sum of— (i) any allowed secured claims that are secured by that property; and (ii) any exemption applicable under section 522(b). (C) Execution of documents to perfect or record security interest To satisfy the debtor’s obligation under paragraph (1)(A)(i)(II) and under this paragraph, the plan must provide that the debtor will execute any documents and cooperate with the trustee as necessary to perfect or record the security interest created by section 1028(i). (b) Residence plans A residence plan may— (1) modify or leave unaffected the rights of a holder of a claim secured by the debtor's principal residence; (2) provide for the waiving or curing within a reasonable time of any default on any claim secured by the debtor's principal residence in accordance with subsection (d); (3) provide for payment of any allowed secured claim secured by the debtor's principal residence; (4) authorize the debtor to sell any property that is the debtor's principal residence free and clear of any liens not earlier than 60 days and not later than 180 days after the date of confirmation if the plan provides that— (A) the debtor shall tender the property that is the debtor's principal residence to the holder of the first-priority lien, subject to a lien secured by any allowed secured claim of a junior lienholder; (B) upon acceptance of the tender described in subparagraph (A), the debtor shall transfer the debtor's principal residence to the holder of the first-priority lien not later than 14 days after acceptance of the tender; and (C) if there is not a timely acceptance of the tender of the principal residence— (i) a sale free and clear of liens of the debtor's principal residence shall be conducted in a commercially reasonable manner; and (ii) after deducting the costs of the sale, any liens against the debtor's principal residence shall attach to the proceeds of the sale; (5) provide for an order garnishing the earnings of the debtor or authorizing electronic fund transfers from a deposit account of the debtor during the duration of the residence plan, but only to the extent necessary to cure any default on a claim secured by the debtor's principal residence in accordance with subsection (d); and (6) include any other appropriate provision not inconsistent with this title. (c) Property plans A property plan may— (1) modify or leave unaffected the rights of holders of claims secured by the property, other than property that is the debtor's principal residence; (2) provide for the curing or waiving within a reasonable time of any default on any claim secured by the property of the debtor that is not the debtor's principal residence in accordance with subsection (d)(2); (3) provide for payment of any allowed secured claim secured by the property of the debtor that is not the debtor's principal residence; (4) subject to section 522(e), treat as the holder of a secured claim— (A) the seller or assignee of an installment sales contract for personal property or the equivalent of such a contract; (B) the lessor of a lease of personal property, the term of which extends beyond the remaining economic life of the property; or (C) a party to an agreement, irrespective of form, that is a security interest in personal property under applicable nonbankruptcy law; (5) provide for an order garnishing the earnings of the debtor or ordering the authorization of electronic fund transfers from a deposit account of the debtor during the duration of the property plan; and (6) include any other appropriate provision not inconsistent with this title. (d) Cure of default (1) Principal residence Notwithstanding any applicable nonbankruptcy law, a default with respect to, or that gives rise to, a lien on the property that is the debtor's principal residence may be cured by a residence plan under subsection (a)(2)(B) until the debtor ceases to have rights, including a right of redemption, in the property. (2) Amount to cure (A) In general Notwithstanding section 506(b), if a repayment plan, a residence plan, or a property plan provides for the curing of a default, the amount necessary to cure the default shall be determined in accordance with the underlying agreement and applicable nonbankruptcy law. (B) Prohibition The cure of a default under subparagraph (A) may not require— (i) interest on arrearages; or (ii) the payment of any penalty rate, late fee, or payment required under a penalty provision or a similar provision. 1023. Plan confirmation hearing (a) In general If the trustee, the United States trustee, or a creditor objects to confirmation of a plan filed under section 1021, the court shall hold a hearing on confirmation of the plan within such period of time as permitted in a rule prescribed the Judicial Conference of the United States, except that the court may extend such time period for cause. (b) Confirmation without hearing If no objection is raised, the court shall, upon notice, promptly confirm a plan that complies with section 1024(a) without a hearing. (c) Multiple plans If the debtor files more than 1 plan under section 1021, the court shall hold a single hearing on confirmation on all of the plans, unless— (1) the court orders otherwise for cause; or (2) no hearing is required under subsection (b). 1024. Confirmation of plans (a) Plan requirements Subject to subsections (b) through (d), the court shall confirm a plan under this section if all of the following requirements are met: (1) The plan complies with the applicable provisions of this title, other than section 1022(a)(1). (2) Any fee, charge, or amount that is required to be paid before confirmation under chapter 123 of title 28 or the plan has been paid. (3) The plan has not been proposed— (A) in bad faith, which may not be demonstrated solely by the amount of payments proposed by the debtor under a repayment plan; or (B) by any means forbidden by law. (4) The debtor is likely to be able to make all payments under the plan and to comply with the plan. (5) In the case of a debtor that is required by a judicial or administrative order or by a statute to pay a domestic support obligation, the debtor has paid all amounts required by such domestic support obligation that first became payable after the date of the filing of the petition. (b) Objection to repayment plan (1) In general Subject to paragraph (2), if the trustee or the holder of an allowed unsecured claim objects to a repayment plan that complies with subsection (a), the court shall confirm the repayment plan only if the plan satisfies the requirements of section 1022(a)(1). (2) Reduced minimum payment obligation If the court finds that the debtor is unable to pay the full minimum payment obligation due to reasonably necessary expenses, including medical expenses, child care expenses, high local housing costs, special education needs, expenses for the care of an elderly, chronically ill, or disabled household member or member of the debtor’s family, child or spousal support, or business or employment-related expenses, the court shall confirm a plan with an appropriately reduced minimum payment obligation that reflects the debtor’s ability to repay. (c) Objection to residence plan If the holder of an allowed secured claim secured by the debtor's principal residence objects to the confirmation of a residence plan, the court shall confirm the residence plan only if, for any such allowed secured claim of which the holder has objected to the confirmation, the residence plan provides that— (1) the holder retains the lien securing the claim; (2) the value, as of the effective date of the residence plan, of the payments to be distributed under the residence plan on account of the claim is not less than the allowed amount of the secured claim; (3) payments on all claims under the residence plan are in equal monthly amounts, other than payments to cure a default under section 1022(a)(2)(B); (4) except as provided in paragraph (5), default under the residence plan constitutes default under any security agreement that creates a security interest in the debtor's principal residence; (5) the debtor will be in default for a late payment under the plan and any security agreement that creates a security interest in the debtor's principal residence only if the debtor is more than 120-days delinquent on any payment under the residence plan; (6) the holders of any judicial lien or statutory lien created before the order for relief cannot exercise any remedies under applicable nonbankruptcy law, unless the debtor is 120-days delinquent on any payment under the residence plan; (7) the last payment on account of the secured claim is due on a date that is not later than the later of— (A) 15 years after the date of confirmation of the residence plan; or (B) 5 years after the original maturity date of the loan relating to the claim; and (8) the debt secured by the debtor's principal residence that is dealt with by the residence plan has not been previously provided for by a residence plan that was— (A) confirmed on a date that is not more than 6 years before the date of the filing of the petition; and (B) completed. (d) Objection to property plan If the holder of an allowed secured claim that is secured by property that is not the debtor's principal residence objects to the confirmation of a property plan, the court shall confirm the property plan only if— (1) the property plan provides that— (A) the holder of the claim retains the lien securing the allowed secured claim; (B) the value, as of the effective date of the property plan, of the property to be distributed under the property plan on account of the claim is not less than the amount of the allowed secured claim, unless— (i) the property securing the claim is a motor vehicle that was acquired by the debtor within the 90-day period immediately preceding the date of the filing of the petition; and (ii) the lien securing the claim is a purchase-money security interest; (C) the value, as of the effective date of the property plan, of property to be distributed on account of a claim described in clauses (i) through (iii) of subparagraph (B) is not less than the allowed amount of the claim, as calculated under section 502; (D) payments on all claims under the property plan are in equal monthly amounts; (E) except as provided in subparagraph (F), default under the property plan constitutes default under any security agreement that creates a security interest in the property subject to the property plan; (F) the debtor is in default for a late payment under the plan and any security agreement that creates a security interest in the property subject to the property plan only if the debtor is not less than 90 days delinquent on payment to the holder of the security interest under the property plan; (G) the property plan provides that the holder of a judicial lien or statutory lien created before the date of the order for relief cannot exercise any remedies relating to the judicial lien or statutory lien under applicable nonbankruptcy law, unless the debtor is not less than 90 days delinquent on any payment to the lienholder under the property plan; (H) the last payment due under the property plan is due on a date that is not later than the later of— (i) 5 years after the date of confirmation of the property plan; or (ii) the original maturity date of loan; and (I) the debt secured by the property that is dealt with by the property plan has not been previously provided for by a property plan that was— (i) confirmed on a date that is not more than 6 years before the date of the filing of the petition; and (ii) completed; (2) if the property securing the claim of the objecting holder is a motor vehicle— (A) the debtor has provided the holder of any security interest in the motor vehicle with reasonable evidence of the maintenance of any required insurance coverage on the motor vehicle securing the claim sufficient to protect the interest of the holder in the motor vehicle; and (B) the motor vehicle is— (i) used regularly as a means of transportation for the debtor or a dependent of the debtor; or (ii) used by the debtor or a dependent of the debtor in business; and (3) if the property securing the claim of the objecting holder is not a motor vehicle— (A) the property is reasonably necessary for the support or maintenance of the debtor or a dependent of the debtor; or (B) the property is reasonably necessary for the continuation, preservation, and operation of a business owned or operated by the debtor or a dependent of the debtor. (e) Impairment (1) In general The holder of an allowed secured claim that is not impaired under a plan may not object to a residence plan under subsection (c) or a property plan under subsection (d). (2) Determination For the purpose of this subsection, impairment shall be determined under section 1124. (f) Denial of motion (1) In general A denial of a motion to confirm a plan shall constitute a final, appealable order. (2) Plan modification Nothing in this section shall be construed to prevent a debtor from proposing to modify a plan that has been denied confirmation. (g) Multiple plans If the debtor has filed multiple plans, any party in interest may request that the confirmation of any plan be stayed until the date on which the court confirms or denies any other plan. (h) Interest rate The rate of interest that shall be used to calculate the value of property distributed under a plan, as of the effective date of the plan, shall be— (1) for the purpose of subsection (c)(2)— (A) in the case of a first priority lien, the current average prime offer rate (as defined in section 1026.35(a)(2) of title 12, Code of Federal Regulations) for a loan of the most similar duration and rate type; and (B) in the case of any other lien, a rate that is 300 basis points greater than the current average prime offer rate (as defined in section 1026.35(a)(2) of title 12, Code of Federal Regulations) for a loan of the most similar duration and rate type; and (2) for the purpose of subsection (d)(2), the current average prime offer rate for motor vehicle financing of the most similar duration and rate type, as determined by the Bureau of Consumer Financial Protection under section 201(e) of the Consumer Bankruptcy Reform Act of 2020. 1025. Payments under a repayment plan (a) Duties of trustee The trustee shall— (1) collect and be accountable for any future income of the debtor that is designated for a payment to a creditor under a repayment plan; (2) accept and be accountable for any property of the estate tendered by the debtor pursuant to a repayment plan under section 1022(a)(1)(A)(i)(II); and (3) reduce to money and be accountable for any property of the estate tendered by the debtor under the repayment plan as expeditiously as is compatible with the best interests of the parties in interest. (b) Payments (1) In general Except as provided by section 1027 and unless the court orders otherwise, not later than 30 days after the date of the order for relief under this chapter, the debtor shall— (A) commence making payments in the amount proposed to be made under a repayment plan; and (B) tender to the trustee any relevant property of the estate requested by the trustee under section 1022(a)(1)(A)(i)(II), unless the debtor has elected under section 1022(a)(2)(B) to pay the trustee for the value of such property under a repayment plan. (2) Action by trustee (A) Retention of payments pending plan confirmation The trustee shall retain a payment made under paragraph (1) until the date on which the repayment plan is confirmed or denied under section 1024. (B) Distribution of payments If a repayment plan is confirmed under section 1024, the trustee shall distribute any payments retained under subparagraph (A) in accordance with the repayment plan as soon as is practicable. (C) Return of payments The trustee, after deducting the sum of each allowed administrative expense under section 503(b), shall return to the debtor any payments retained under paragraph (1) if the case is dismissed or converted. (3) Modification Subject to section 363, pending confirmation of a repayment plan, the court, after notice and a hearing, may for cause modify, increase, or reduce the payments required under this subsection. (c) Payments to creditors (1) In general Except as otherwise provided in the repayment plan or in the order confirming the repayment plan, after confirmation of the plan, the trustee shall make payments to creditors under the repayment plan. (2) Prohibition Except as provided in subsection (d), the trustee may not make a payment described in section 1022(a)(1)(B)(ii) under a repayment plan until the date on which the trustee makes every payment on all claims entitled to priority under section 507, other than a claim that is based on a debt described in section 507, the holder of which agrees to a different treatment of such claim. (d) Priority of payments (1) In general Subject to paragraphs (2) and (3), all payments made by the trustee under this section shall be disbursed according to the order of priority in section 726. (2) Administrative expenses and fees Before or at the time of each payment to a creditor under a repayment plan, the trustee shall pay any unpaid claim of a kind specified in section 507(a)(2). (3) Exceptions In disbursing payments under this section, the trustee shall, at the time of each disbursement, pay— (A) any unpaid claim of the kind described in section 507(a)(2); and (B) if a standing trustee appointed under section 586(b) of title 28 is serving in the case, the percentage fee fixed for the standing trustee under section 586(e) of title 28. (4) Property recovered in avoidance actions Subject to any exemption allowed under section 522, the trustee shall disburse any property the trustee recovers under section 550 in accordance with this subsection. (e) Enforcement of obligations of debtor (1) In general Subject to paragraph (2), the obligations of a debtor under a repayment plan may be enforced solely by the trustee, which may include the enforcement of the security interest created by section 1028(i). (2) Exception The holder of a claim provided for under section 1022(a)(1)(B)(ii) may enforce the debt that is the basis for the claim in accordance with section 1028(b). (3) 90-day delinquency requirement The trustee may not commence any action to enforce an obligation of the debtor under a repayment plan based on a delinquent payment until after the date on which the debtor has been delinquent on the payment for an 90-day period. (4) Plan enforceable by trustee as a simple contract Subject to sections 362 and 1029 and paragraph (7), the trustee may enforce an obligation of the debtor under a repayment plan as a simple contract under applicable nonbankruptcy law. (5) Application of nonbankruptcy law Except as provided in section 1029, enforcement of the obligations of a debtor under a repayment plan shall be subject to applicable nonbankruptcy law, including laws relating to the garnishment of the wages of the debtor. (6) Inefficient enforcement prohibited The trustee may not enforce the obligations of the debtor under a repayment plan if such enforcement would not produce a meaningful distribution to creditors. (7) Inefficient enforcement prohibited (A) In general The trustee may recover from the debtor the reasonable attorneys’ fees and costs of enforcing the debtor’s obligation under a repayment plan in an amount equal to not more than 2 times the minimum payment obligation under the plan. (B) Debtor's liability The debtor’s liability for the fees and costs described in subparagraph (A)— (i) shall be in addition to the minimum payment obligation; and (ii) may be awarded to the trustee notwithstanding any previous compensation to which the trustee might be entitled under section 330. (8) Statute of limitations for trustee enforcement An action by the trustee to enforce an obligation of the debtor under a repayment plan may not be commended on a date that is more than 2 years after the earliest date on which the trustee may bring an action under paragraph (3). (9) Trustee’s rights nonassignable Any assignment, factoring, or transferring of rights or amounts a debtor owes to a trustee under a repayment plan, or of rights or authority to collect any such amounts, is void. 1026. Payments under a residence plan or property plan (a) In general Payments under a residence plan or a property plan shall be made by the debtor in accordance with the plan. (b) Cure of default (1) In general If a residence plan or property plan proposes to cure a default on a claim secured by property of the debtor, the debtor may, upon completion of the cure payments due under the plan, send a certification to the holder of such claim that the debtor paid in full the amount to cure any default on the claim using a form prescribed by the Judicial Conference of the United States. (2) Final cure order The court, on request of the debtor and in accordance with applicable Federal Rules of Bankruptcy Procedure, shall determine whether the debtor has cured the default and paid all required post-petition amounts. 1027. Protection of lessors and purchase money lenders (a) Lease payments The debtor shall timely make any payments scheduled in a lease of personal property directly to the lessor for the portion of the obligation that becomes due after the date of the order for relief under this chapter, unless— (1) the court orders otherwise; (2) the debtor rejects a lease of personal property under section 365(a); or (3) the debtor assumes a lease of personal property under section 365(p)(1)(B). (b) Insurance coverage Not later than 60 days after the date of the order for relief under this chapter, a debtor who has proposed a plan that retains possession of personal property subject to a lease a purchase money security interest shall— (1) provide the lessor or holder of the claim reasonable evidence of the maintenance of any insurance coverage required under the lease or purchase money security agreement with respect to the use or ownership of the property; and (2) continue to provide the reasonable evidence required under paragraph (1) for as long as the debtor retains possession of the property before the date of confirmation of a plan addressing the property. 1028. Effect of confirmation (a) Binding effect The provisions of a confirmed plan bind the debtor and each creditor of a claim for which the plan provides, regardless of whether the creditor has objected to the plan. (b) Repayment plan injunction Confirmation of a repayment plan shall operate as an injunction against the commencement or continuation of an action, the employment of process, or an act to collect, recover, or offset any debt excepted from discharge under section 523(a) and treated under section 1022(a)(1)(B)(ii) until— (1) the date on which the debtor completes all payments due under the plan; or (2) the debtor is not less than 90 days delinquent on a payment required under a repayment plan. (c) Residence plan injunction Except as provided in subsection (e), confirmation of a residence plan shall operate as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover, or offset any debt treated under section 1022(b)(2) or property securing such debt as long as the debtor is not more than 120 days delinquent on a payment required under a residence plan. (d) Property plan injunction Except as provided in subsection (e), confirmation of a property plan shall operate as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover, or offset any debt treated under section 1022(c)(2) or property securing such debt as long as the debtor is not more than 90 days delinquent on a payment required under a property plan. (e) Request for relief from injunction (1) In general A party in interest may request from the court relief from the operation of an injunction under subsection (c) or (d). (2) Granting of relief The court shall grant relief requested under paragraph (1) for cause. (f) Vesting of property Except as otherwise provided in a plan or the order confirming the plan, the confirmation of a plan vests all of the property of the estate in the debtor. (g) Free and clear Except as otherwise provided in a plan or in the order confirming the plan, the property vesting in the debtor under subsection (f) is free and clear of any claim or interest of any creditor holding a claim provided for by the plan. (h) Secured claims Except as provided by section 1031, the confirmation of a repayment plan leaves unaltered the rights of the holder of a secured claim that has not been avoided under this title. (i) Security interest created To secure repayment plan obligation (1) In general (A) Effect of confirmation Except as provided by subparagraph (C), the confirmation of a repayment plan shall create a security interest, which shall be deemed to have arisen by agreement, in favor of the trustee on any nonexempt property of the estate retained by the debtor. (B) Function The security interest described in subparagraph (A) shall secure payment of the amount the court determines the debtor must pay to satisfy the requirement of section 1025(b). (C) Exception If a debtor is not required to make payments under section 1025(b), the security interest in subparagraph (A) shall not arise. (2) Record of security interest (A) In general The trustee may perfect or record the security interest described in paragraph (1)(A) in the manner directed by applicable nonbankruptcy law for perfecting a security interest in the type of property subject to the trustee’s security interest. (B) Fee The trustee shall pay any customary fee charged under applicable nonbankruptcy law for perfection or recordation of the security interest described in paragraph (1)(A). (C) Tax exemption The trustee and any other entity shall be exempt from any recordation tax, transfer tax, or other similar tax that would otherwise accrue to the trustee or any other entity because of perfection or recordation of a security interest under this section, and the failure to pay any such tax shall not be grounds for any filing office or officer to refuse to accept a filing from a trustee seeking to perfect a security interest under this section. (D) No liability The trustee shall incur no liability to creditors or the estate for failure to perfect or record a security interest described in paragraph (1)(A) if the trustee had a reasonable and good faith belief that the costs of perfection or recordation exceeded the benefits. (E) Perfection by possession The trustee may not perfect the security interest created by this section by taking possession of the property unless the debtor consents in writing. (F) Termination Within a reasonable time after satisfaction of the minimum payment obligation, the trustee shall terminate any perfection or recordation of a security interest described in paragraph (1)(A) in the manner directed by applicable nonbankruptcy law for terminating the perfection or recordation of a security interest in the type of property subject to the trustee’s security interest. (3) Priority of security interest (A) In general The security interest described in paragraph (1)(A) shall have priority as determined by applicable nonbankruptcy law that governs security interests in the type of property subject to the trustee’s security interest. (B) Deeming of value given With respect to the security interest described in paragraph (1)(A), for purposes of priority under the applicable nonbankruptcy law, the trustee shall be deemed to have given value under a simple contract and in good faith as of the moment of confirmation. (C) Notwithstanding subparagraph (B), a security interest created under paragraph (1)(A) shall be subordinate to any lien that secures payment of a domestic support obligation. (4) Sale of property (A) In general If the debtor sells property covered by the security interest created under paragraph (1)(A), the buyer takes free of the security interest only if the debtor tenders to the trustee the sales proceeds after costs of sale and satisfaction of liens superior to the security interest created by the security interest. (B) Surplus If the proceeds of sale tendered to the trustee in accordance with subparagraph (A) exceed the minimum payment obligation, the trustee shall return the surplus to the debtor. (5) Enforcement of security interest (A) In general If the debtor is delinquent on the repayment plan under section 1025(e)(3), the trustee may request that the court order the debtor to turn over any property covered by the security interest created under paragraph (1). (B) Granting of request The court shall grant the trustee’s request for turnover under subparagraph (A) unless— (i) the delinquency is because of circumstances that the debtor could not reasonably avoid; and (ii) the debtor shows there is a reasonable probability of curing the delinquency within a reasonable time. (C) Sale of property After the debtor turns over property under this paragraph, the trustee shall— (i) sell the property; (ii) after deducting costs of the sale, satisfying liens superior to the security interest created by paragraph (1)(A), and satisfying any compensation owed the trustee, apply the sales proceeds to payment of the minimum payment obligation; and (iii) return any surplus from the sale above the minimum payment obligation to the debtor. (D) Instrument to transfer After a sale in accordance with this paragraph, the debtor or the trustee is authorized to execute, on the debtor’s or the trustee’s behalf, as the case may be, any instrument necessary or ordered by the court to effectuate the transfer to the purchaser. (j) Effect of residence or property plan Except to the extent inconsistent with the plan or the provisions of this title, confirmation of a residence plan or a property plan leaves unaltered the rights of the parties under any agreement that is the basis for a claim secured by property provided for by the plan. (k) Certain contract provisions void (1) Ipso facto clauses void The confirmation of a plan voids any provision in a contract provided for by the plan that is conditioned on— (A) the insolvency or financial condition of the debtor at any time before the closing of a case; (B) the commencement of a case under this title; or (C) the appointment of, or taking of possession by, a trustee in a case under this title or a custodian before a case is commenced under this title. (2) Arbitration and joint-action provisions void Notwithstanding any contrary provision of nonbankruptcy law, the confirmation of a plan voids any pre-dispute arbitration agreement or pre-dispute joint-action lawsuit waiver relating to property subject to the plan. (l) Jurisdiction To resolve disputes Upon confirmation of a plan, the court shall retain jurisdiction to resolve any disputes arising under, or relating to, the plan and may order any appropriate relief in such a dispute, including the suspension of the payment obligations of the debtor under the plan. 1029. Modification of repayment plan (a) In general After notice and a hearing, the court may, for cause, modify an obligation of the debtor under a repayment plan based on a material change in the financial condition of the debtor that— (1) occurs after the date of the confirmation of the repayment plan; and (2) would impose a substantial burden on the debtor or a dependent of the debtor. (b) Unanticipated attorney's fees If the debtor incurs unanticipated attorney’s fees for services provided subsequent to confirmation of a repayment plan, including for services relating to this section, after notice and a hearing, the court may, for cause— (1) subject to section 502(b)(3), allow the debtor to modify the repayment plan to include treatment of such attorney’s fees; and (2) permit the debtor to extend the term of a repayment plan by up to 6 months to facilitate treatment of such attorney’s fees. III Discharge 1031. Discharge; scope and timing (a) In general Subject to subsection (b), the court shall grant the debtor a discharge in accordance with subsection (c) as soon as is practicable after— (1) the date of confirmation of a repayment plan; or (2) in the case of a debtor that has no minimum payment obligation, the date on which the deadline for filing a repayment plan under section 1021(e) expires. (b) Exceptions The court may not grant a discharge under subsection (a) to a debtor who has— (1) been granted a discharge under this section, under section 1141, 1192, 1128, or under former section 727 or 1328, within 6 years of the date of the filing of the petition; (2) failed to tender the property of the estate that is designated to be tendered under a repayment plan under section 1022(a)(1)(A)(i)(II); (3) (A) executed a written waiver of discharge after the date of the order for relief; and (B) appeared at a hearing at which the court determined that the debtor adequately understands the terms and consequences of the waiver described in subparagraph (A); (4) with the intent to hinder, delay, or defraud a creditor or an officer of the estate charged with the custody of property under this title, transferred, removed, destroyed, mutilated, concealed, or permitted the transfer, removal, destruction, mutilation, or concealment of— (A) property of the debtor within 1 year of the date of the filing of the petition; or (B) property of the estate after the date of the filing of the petition; (5) concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded information from which the financial condition or business transactions of the debtor might have been ascertained, unless such act or failure was justified under all of the circumstances of the case; (6) knowingly and fraudulently, in the case or in connection with the case— (A) made a false oath or account; (B) presented or used a false claim; (C) gave, offered, received, or attempted to obtain money, property, or advantage, or a promise of money, property, or advantage, for acting or forbearing to act; or (D) withheld from the trustee any recorded information, including books, documents, records, and papers, relating to the property or financial affairs of the debtor; (7) failed to satisfactorily explain, before the determination of denial of discharge under this paragraph, any loss of assets or deficiency of assets to meet the liabilities of the debtor; or (8) refused in the case— (A) to obey any lawful order of the court, other than an order to respond to a material question or to testify; (B) on the ground of privilege against self-incrimination, to respond to a material question approved by the court or to testify after the debtor has been granted immunity with respect to the matter concerning which the privilege was invoked; or (C) on a ground other than a properly invoked privilege against self-incrimination, to respond to a material question approved by the court or to testify. (c) Debts discharged Except as provided in section 523, a discharge under subsection (a) discharges the debtor from all debts that arose before the date of the order for relief under this chapter and any liability on a claim that is determined under section 502 as if such debt or claim had arisen before the commencement of the case, whether or not— (1) a proof of claim based on any such debt or liability is filed under section 501; or (2) a claim based on any such debt or liability is allowed under section 502. (d) Notice of debtor's rights Upon granting a discharge under subsection (a), the court shall include in the discharge order provided to the debtor on a form prescribed by the Judicial Conference of the United States in accordance with rule 9009 of the Federal Rules of Bankruptcy Procedure a conspicuous notice of— (1) the right to bring an action for contempt or a civil action under section 524(c); and (2) the existence of other Federal or State laws that may provide additional remedies to the debtor in the event a person violates section 524. (e) Scope of discharge with respect to taxes (1) In general Subject to paragraph (2), if the debtor pays through a repayment plan all tax debts entitled to priority under section 507(a)(8), the discharge under subsection (a) shall apply to all debts described in section 523(a)(1). (2) Exception Paragraph (1) shall not apply to a debt incurred through fraud. 1032. Revocation of discharge or order of confirmation (a) In general On request of the trustee, a creditor, or the United States trustee, at any time within 1 year after the date of the entry of an order of confirmation under section 1024 or an order of discharge under section 1031, and after notice and a hearing, the court may revoke such order only if— (1) such confirmation or discharge was obtained through the fraud of the debtor and the requesting party did not know of such fraud until after the granting of such confirmation or discharge; or (2) the debtor has refused, in the case— (A) to obey any lawful order of the court, other than an order to respond to a material question or to testify; (B) on the ground of privilege against self-incrimination, to respond to a material question approved by the court or to testify, after the debtor has been granted immunity with respect to the matter concerning which such privilege was invoked; or (C) on a ground other than the properly invoked privilege against self-incrimination, to respond to a material question approved by the court or to testify. (b) Disposal of case If the court revokes an order of confirmation or an order of discharge under subsection (a), the court shall convert or dismiss the case under section 1005. IV Avoidance actions 1041. Treatment of certain liens The trustee may avoid a lien that secures a claim of a kind described in section 726(a)(4). 1042. Limitations on avoidance actions The trustee may not bring an action to avoid a transfer or obligation under section 544, 545, 547, 548, 553, or 1041, unless there are allowed unsecured claims against the estate that the debtor does not propose to pay in full under a repayment plan. V Limited proceedings 1051. Election of limited proceeding (a) In general (1) Election of limited proceeding In a case commenced under section 301 or 302, a debtor that is eligible to file under this chapter may, as part of the petition for relief, elect to conduct a limited proceeding that affects only claims secured by specific items of the property of the debtor under this subchapter. (2) General proceeding as default If the debtor does not elect to conduct a limited proceeding in a case under this chapter— (A) the case shall proceed as a general proceeding under this title; and (B) this subchapter shall not apply to the case. (b) Limitation on election (1) In general After the entry of order for relief, the debtor may not elect to conduct a limited proceeding. (2) Election after dismissal Nothing in this section shall preclude a debtor, subsequent to the dismissal of a case, from— (A) filing a petition under section 301 or 302; and (B) electing to conduct a limited proceeding under subsection (a). 1052. Effect of limited proceeding If the debtor elects to conduct a limited proceeding under section 1051(a)— (1) the debtor shall file with the petition a schedule of affected property designating the property to be subject to the limited proceeding that lists any creditor that has an interest in such property; (2) the property of the estate under section 541 shall be limited to property that the debtor has indicated in the schedule of affected property; (3) sections 341, 365, 1001, 1002, 1003, 1005(a), 1005(b)(4), 1005(b)(7), 1005(c), 1008, 1021(a)(1), 1025, 1027(a), 1031, 1032, 1041, and 1042 shall not apply to the case; (4) subject to any limitations of a trustee under this chapter, the debtor shall have the rights and powers of a trustee under— (A) subsections (b), (c), (d), (f), and (l) of section 363; and (B) sections 364, 544, 546, 547, 548, 549, and 553; (5) the debtor shall file 1 or more plans under paragraphs (2) and (3) of section 1021(a) with respect to property listed in the schedule of affected property within 7 days of the order for relief, or such further time as the court may allow for cause, but in no case more than 30 days after the date of the order for relief; (6) the stay under subsection section 362(a) shall apply only to entities with an interest in the property that the debtor has indicated in the schedule of affected property as intended for treatment under a plan; (7) the debtor shall not be required to file the items required under section 521(a)(1)(B), other than a statement of current income and current expenditures; and (8) notice of the order for relief shall not be required to be provided to parties other than parties with claims secured by property that the debtor has indicated in the schedule of affected property and to the United States trustee. 1053. Dismissal or conversion of limited proceedings (a) Election of dismissal or conversion of limited proceeding The debtor may elect to dismiss a limited proceeding or convert a limited proceeding to a general proceeding under this chapter by filing a notice of termination or conversion within 7 days of the earlier of— (1) the failure of the debtor to timely file a plan required under section 1052(5); or (2) the failure of the court to confirm a plan within 60 days of the date of the order for relief. (b) Conversion of limited proceeding If a debtor elects to convert a limited proceeding to a general proceeding under this chapter under subsection (a)— (1) the property of the estate shall be determined under section 541, without regard to section 1052(2), as of the date of the notice of conversion; (2) the stay under section 362(a) shall apply to each entity as of the date of the notice of conversion; (3) notice of the order for relief shall be provided to each party in interest that was not notified under section 1052(8); (4) any timeline for an action to be taken by the debtor under this title that begins on the date of the order for relief shall be adjusted to begin on the date of the notice of conversion; (5) except as provided in section 506, with respect to a creditor that has a claim secured by property included in the schedule of affected property filed under section 1052(1), any claims that arose against the debtor after the date of the order for relief and before the date of the notice of conversion shall be deemed to have arisen immediately before the date of the filing of the petition; and (6) any valuation of property or an allowed secured claim, any determination of a claim allowance, and any other determination made in the course of the limited proceeding may be used in the general proceeding, unless the court for cause orders otherwise. (c) Dismissal by court of limited proceeding At any time, after notice and a hearing, the court, on its own motion or on a motion by the United States trustee, may dismiss a case that is proceeding as a limited proceeding on the grounds that the granting of relief would be a manifestly improper use of the bankruptcy system. . (b) Clerical amendment The table of chapters for title 11, United States Code, is amended by inserting after the item relating to chapter 9 the following: 10. Individual bankruptcy 1001 . 103. Repeal of chapter 13 (a) In general Chapter 13 of title 11, United States Code, is repealed. (b) Clerical amendment The table of chapters for title 11, United States Code, is amended by striking the item relating to chapter 13. 104. Other amendments to the Bankruptcy Code (a) Definitions (1) In general Section 101 of title 11 United States Code, is amended— (A) by striking paragraphs (3), (4A), (10A), (12A), and (30); (B) by redesignating paragraphs (53B), (53C), (56A), (53D), (54), (54A), and (55) as paragraphs (86), (87), (88), (89), (90), (91), and (92), respectively; (C) by inserting before paragraph (86), as so redesignated, the following: (85) The term store gift card means a card, code, or other device that is— (A) issued in exchange for payment on a prepaid basis primarily for personal, family, or household purposes to a consumer in a specified amount, whether or not that amount may be increased or reloaded; and (B) redeemable for goods or services upon presentation at a single merchant or an affiliated group of merchants. ; (D) by redesignating paragraphs (48), (48A), (49), (50), (51), (51A), (51B), (51C), (51D), (52), (53), and (53A) as paragraphs (73), (74), (75), (76), (77), (78), (79), (80), (81), (82), (83), and (84), respectively; (E) by inserting before paragraph (73), as so redesignated, the following: (72) The term residence plan means a plan filed pursuant to section 1022(b) of this title. ; (F) by redesignating paragraphs (46) and (47) as paragraphs (70) and (71), respectively; (G) by inserting before paragraph (70), as so redesignated, the following: (69) The term repayment plan means a plan filed pursuant to section 1022(a) of this title. ; (H) by redesignating paragraph (45) as paragraph (68); (I) by inserting before paragraph (68), as so redesignated, the following: (67) The term realizable value means the value, as of the relevant date, that could be obtained for the relevant property in a lawful foreclosure, repossession, or execution sale, less the costs of such sale. ; (J) by redesignating paragraphs (43) and (44) as paragraphs (65) and (66), respectively; (K) by inserting before paragraph (65), as so redesignated, the following: (64) The term property plan means a plan filed pursuant to section 1022(c) of this title. ; (L) by redesignating paragraph (42A) as paragraph (63); (M) by inserting before paragraph (63), as so redesignated, the following: (61) The term pre-dispute arbitration agreement means any agreement to which the debtor is a party to arbitrate a dispute that has not arisen at the time of the making of the agreement. (62) The term pre-dispute joint-action waiver means any agreement to which the debtor is a party, whether or not part of a predispute arbitration agreement, that would prohibit the debtor from participating, or waive the right of the debtor to participate, in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement. ; (N) by redesignating paragraphs (40), (40A), (40B), (41), (41A), and (42) as paragraphs (55), (56), (57), (58), (59), and (60), respectively; (O) by inserting before paragraph (56), as so redesignated, the following: (54) The term minimum payment obligation means, except as provided in section 1021(d)(1) of this title, an amount equal to the lesser of— (A) the allowed unsecured claims; or (B) the sum of— (i) the value of the debtor’s interest in property of the bankruptcy estate in excess of— (I) any allowed secured claims that are secured by that property; plus (II) any exemption applicable under section 522(b); and (ii) to the extent the debtor’s annual income exceeds 135 percent of the sum of the median family income of the applicable State for 1 earner plus $15,000 for each individual in the household other than the debtor— (I) if the excess is not over $10,000, 15 percent of the excess; (II) if the excess is over $10,000 but not over $50,000, $1,500 plus 45 percent of the excess over $10,000; (III) if the excess is over $50,000 but not over $100,000, $19,500 plus 75 percent of the excess over $50,000; or (IV) if the excess is over $100,000, $57,000 plus 150 percent of the excess over $100,000. ; (P) by redesignating paragraphs (31), (32), (33), (34), (35), (35A), (36), (37), (38), (38), (38A), (38B), (39), and (39A) as paragraphs (41), (42), (43), (44), (45), (46), (47), (48), (49), (50), (51), (52), and (53), respectively; (Q) in paragraph (45)(B), as so redesignated, by striking paragraphs (21B) and (33)(A) and inserting paragraphs (29) and (43)(A) ; (R) by redesignating paragraphs (14), (14A), (15), (16), (17), (18), (19), (19A), (19B), (20), (21), (21A), (21B), (22), (22A), (23), (24), (25), (26), (27), (27A), (27B), (28), and (29) as paragraphs (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), (36), (37), (38), (39), and (40), respectively; (S) in paragraph (18), as so redesignated, (i) in the matter preceding subparagraph (A), by inserting attorneys’ fees and before interest ; and (ii) by striking subparagraph (A) and inserting the following: (A) owed to or recoverable by a spouse, former spouse, or child of the debtor or a parent, legal guardian, or responsible relative of such a child; ; (T) by striking paragraph (13A) and inserting the following: (16) The term debtor’s principal residence , with respect to a debtor, means 1 of the following: (A) A residential structure that the debtor or a dependent uses as a residence, including an individual condominium, a mobile or manufactured home, or trailer or houseboat, and incidental property, without regard to whether that structure is attached to real property. (B) An interest in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence. (C) A residential leasehold that the debtor or a dependent of the debtor uses as a residence. ; (U) by redesignating paragraphs (7A), (7B) (8), (9), (10), (11), (12), and (13) as paragraphs (8), (9), (10), (11), (12), (13), (14), and (15), respectively; and (V) by inserting before paragraph (4) the following: (3) The term annual income means— (A) an amount equal to twice the income from all sources that the debtor receives (or in a joint case the debtor and the debtor’s spouse receive) without regard to whether such income is taxable, derived during the 6-month period ending on the last day of the calendar month immediately preceding the date of the filing of the petition; and (B) any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor’s spouse), on a regular basis on behalf of the debtor, except that the proceeds from the sale of an asset not in the ordinary course of business shall not be included in annual income. . (2) Conforming amendments to other laws (A) Section 1503(3)(A)(iv) of the S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 1502(3)(A)(iv) ) is amended by striking section 101(53D) and inserting section 101(89) . (B) Section 116(a)(2)(A) of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5226(a)(2)(A) ) is amended by striking section 101(27) and inserting section 101(36) . (C) Section 210(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5390(a) )— (i) in paragraph (11)(H)— (I) in clause (i)(I), by striking section 101(31) and inserting section 101(41) ; and (II) in clause (ii)(II), by striking section 101(32) and inserting section 101(42) ; and (ii) in paragraph (12)(C), by striking section 101(32) and inserting section 101(42) . (D) Section 3E(g) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c–5(g) ) is amended by striking section 101(53A)(B) and inserting section 101(84)(B) . (E) Section 103(dd)(5) of the Truth in Lending Act ( 15 U.S.C. 1602(dd)(5) ) is amended by striking section 101(53D) and inserting section 101(89) . (F) Section 128(b)(2)(G)(i) of the Truth in Lending Act ( 15 U.S.C. 1638(b)(2)(G)(i) ) is amended, in the matter preceding subclause (I), by striking section 101(53D) and inserting section 101(89) . (G) Section 129B(f) of the Truth in Lending Act ( 15 U.S.C. 1639b(f) ) is amended by striking section 101(53D) and inserting section 101(89) . (H) Section 129C(i) of the Truth in Lending Act ( 15 U.S.C. 1639c(i) ) is amended by striking section 101(53D) and inserting section 101(89) . (I) Section 1016(f)(2)(A) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2716(f)(2)(A) ) is amended by striking section 101(32) and inserting section 101(42) . (J) Section 405(j)(2)(C) of PROMESA ( 48 U.S.C. 2194(j)(2)(C) ) is amended by striking section 101(11) and inserting section 101(13) . (b) Applicability of chapters Section 103 of title 11, United States Code, is amended— (1) in subsection (a)— (A) by striking chapter 7, 11, 12, or 13 of this title and inserting chapter 7, 10, 11, or 12 of this title ; and (B) by striking section 362(o) and inserting section 362(m) ; and (2) in subsection (j), by striking Chapter 13 and inserting Chapter 10 . (c) Adjustment of dollar amounts Section 104 of title 11, United States Code, is amended— (1) in subsection (a) by striking sections 101(3) and all that follows through of this title and inserting this title ; and (2) in subsection (b) by striking sections 101(3) and all that follows through of this title and inserting this title . (d) Waiver of sovereign immunity Section 106(a)(1) of title 11, United States Code, is amended— (1) by striking 722, ; (2) by inserting 1028, after 944, ; and (3) by striking 1231, 1301, 1303, 1305, and 1327 and inserting and 1231 . (e) Extension of time Section 108 of title 11, United States Code, is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking or 1301 ; and (2) in subsection (c)— (A) in the matter preceding paragraph (1), by striking 1201 or 1301 and inserting 1009 or 1201 ; and (B) in paragraph (2), by striking section 362, 922, 1201, or 1301 of this title, and inserting section 362, 922, or 1201 of this title, . (f) Who may be a debtor (1) In general Section 109 of title 11, United States Code, is amended— (A) in subsection (b)— (i) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; and (ii) by inserting before paragraph (2), as so redesignated, the following: (1) an individual; ; (B) by striking subsection (e); (C) by redesignating subsection (d) as (e); (D) by inserting after subsection (c) the following: (d) Only an individual that owes aggregate noncontingent liquidated secured and unsecured debts as of the date of the filing of the petition or the date of the order for relief in an amount not more than $7,500,000 (excluding debts owed to 1 or more affiliates or insiders) may be a debtor under chapter 10 of this title. ; (E) in subsection (e), as so redesignated, by striking railroad, a person and inserting railroad, an individual, a person ; (F) by striking subsection (g) and inserting the following: (g) Notwithstanding any other provision of this section, no individual or family farmer may be a debtor under this title who has been a debtor in a case pending under this title at any time in the preceding 180 days if the case was dismissed by the court for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case. ; and (G) by striking subsection (h) and inserting the following: (h) (1) Upon motion of a party in interest or on the court’s own motion, the court may, after notice and a hearing, include in an order dismissing a case under section 707, 1005, 1053(c), 1112, or 1208 of this title a restriction of the debtor’s eligibility to refile a subsequent case under this title upon a finding of cause, including— (A) willful failure of the debtor to— (i) abide by orders of the court; or (ii) propose a plan required under section 1021, 1129, or 1225 in good faith and not by any means forbidden by law; (B) willful and substantial default by the debtor with respect to a term of a confirmed plan; (C) a pattern or practice of filing bankruptcy petitions as part of a manifestly improper use of the bankruptcy system; (D) willful failure of the debtor to appear before the court in proper prosecution of the case; or (E) other manifestly improper use of the provisions of this title. (2) The period of ineligibility for a subsequent case— (A) shall extend for 180 days from the date of the entry of the court’s order unless the court orders otherwise; and (B) may extend for a period longer than 180 days (but not to exceed 720 days) only if the court finds manifestly improper use of the bankruptcy system. (3) After notice and a hearing, the court may decrease the period of ineligibility based upon a showing of changed circumstances or for good cause shown. . (2) Conforming amendments (A) Section 1501(c)(2) of title 11, United States Code, is amended by striking 109(e) and inserting 109(d) . (B) Section 303(1) of PROMESA ( 48 U.S.C. 2163(1) ) is amended by striking section 109(b)(2) and inserting section 109(b)(3) . (g) Penalty for persons who negligently or fraudulently prepare bankruptcy petitions Section 110(e)(2)(B)(i)(II) of title 11, United States Code, is amended by striking under chapter 7, 11, 12, or 13 and inserting under chapter 10, 11, or 12 . (h) Nonprofit budget and credit counseling agencies; financial management instructional courses (1) Chapter 1 of title 11, United States Code, is amended by striking section 111. (2) The table of sections for chapter 1 of title 11, United States Code, is amended by striking the item relating to section 111. (i) Involuntary cases Section 303 of title 11, United States Code, is amended— (1) in subsection (a) by striking chapter 7 or 11 of this title and inserting chapter 7, 10, or 11 of this title ; (2) in subsection (b) by striking chapter 7 or 11 of this title— and inserting chapter 7, 10, or 11 of this title— ; (3) in subsection (g)— (A) by striking chapter 7 of this title and inserting chapter 7 or 10 of this title ; and (B) by striking section 701 of this title and inserting section 701 or 1003 of this title”; and (4) in subsection (k)(2), by striking the court may enter an order and inserting the court shall enter an order . (j) Appearance by consumer financial protection bureau (1) In general Subchapter I of chapter 3 of title 11, United States Code, is amended by adding at the end the following: 309. Bureau of Consumer Financial Protection appearances in bankruptcy cases Notwithstanding section 1054(e) of the Consumer Financial Protection Act ( 12 U.S.C. 5564(e) ), the Bureau of Consumer Financial Protection may represent itself in its own name and may raise, appear, and be heard on any issue in a case under this title before any court with appropriate jurisdiction. . (2) Conforming amendment The table of sections for chapter 3 of title 11, United States Code, is amended by inserting after the item relating to section 308 the following: 309. Bureau of Consumer Financial Protection appearances in bankruptcy cases. . (k) Eligibility To serve as trustee Section 321(a) of title 11, United States Code, is amended by striking under chapter 7, 12, or 13 of this title, each place it appears and inserting under chapter 7, 10, or 12 of this title, . (l) Qualification of trustee Section 322(a) of title 11, United States Code, is amended by striking 701, 702, 703, 1104, 1163, 1183, 1202, or 1302 and inserting 701, 702, 703, 1001, 1104, 1163, 1183, or 1202 . (m) Limitation on compensation of trustee Section 326(b) of title 11, United States Code, is amended— (1) by striking chapter 12 or 13 of this title, and inserting chapter 10 or 12 of this title, ; (2) by striking under section 1202(a) or 1302(a) of this title and inserting under section 1001(a) or 1202(a) of this title ; and (3) by striking not to exceed five percent upon all payments under the plan and inserting not to exceed 5 percent upon all payments under the chapter 11 or 12 plan or under the chapter 10 repayment plan . (n) Debtor’s transactions with attorneys Section 329 of title 11, United States Code, is amended— (1) in subsection (b)(1)(B), by striking chapter 11, 12, or 13 of this title and inserting chapter 10, 11, or 12 of this title ; and (2) by adding at the end the following: (c) In a case under chapter 10 of this title, no compensation shall be allowed for the debtor’s attorney under this title unless— (1) the agreement between the debtor and the debtor’s attorney providing for compensation— (A) was made not more than 90 days before the date of the filing of the petition; (B) specifies the services provided or to be provided by the debtor’s attorney and the attorney’s related fees and expenses; (C) provides that the debtor will not be requested to pay or be liable for any amounts other than reasonable attorneys’ fees and expenses— (i) specified in the agreement; (ii) for any adversary proceeding in which the debtor is a party; or (iii) for services required by the debtor or the court that the attorney should not have reasonably anticipated at the time of the agreement; (D) does not provide for the payment of interest or any additional fees based on delay in payment or risk of nonpayment or for costs of collection on installment payments; (E) provides for installment payments of any compensation still owing on the date of the petition over a period of not more than 1 year; and (F) does not include a pre-dispute arbitration agreement or a pre-dispute joint-action waiver with respect to any dispute under the agreement; (2) the attorney has discussed with the debtor the attorney’s fees and expenses under the agreement and the consequences of the attorney’s filing the certification required under paragraph (3), and, after full disclosure, the debtor consents to the filing of the certification; and (3) the attorney files with the court a certification, in accordance with rule 9011 of the Federal Rules of Bankruptcy Procedure, with respect to the agreement that— (A) the conditions specified in paragraphs (1) and (2) are satisfied; and (B) the enforcement of the agreement would not impose an undue hardship on the debtor or the debtor’s dependents. (d) In a case under chapter 10 of this title, any assignment, factoring, or transfer of rights or amounts, or of rights or authority to collect any such amounts, due under an agreement between the debtor and the debtor’s attorney is void. (e) In a case under chapter 10 of this title, the bankruptcy court where the bankruptcy case was heard— (1) shall have exclusive jurisdiction over any disputes under, and enforcement of, an agreement that is subject to this section, whether or not the case has been closed; and (2) in the event of nonpayment of on agreement described in subsection (c), the court may issue a judgment for monies owed only under an agreement made during the 540-day period preceding the date of the judgment. . (o) Compensation of officers (1) In general Section 330 of title 11, United States Code, is amended— (A) in subsection (a)(4)(B), by striking In a chapter 12 or chapter 13 case in which the debtor is an individual, and inserting In a chapter 10 or 12 case in which the debtor is an individual, ; (B) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; (C) by inserting after subsection (b) the following: (c) There shall be paid from the filing fee in a case under chapter 10 of this title $120 to the trustee serving in such case, after such trustee’s services are rendered. ; and (D) in subsection (d), as so redesignated, by striking in a case under chapter 12 or 13 and inserting in a case under chapter 10 or 12 . (2) Conforming amendment Section 589a(b)(7) of title 28, United States Code, is amended by striking section 330(d) and inserting section 330(e) . (p) Meetings of creditors and equity security holders Section 341 of title 11, United States Code, is amended— (1) in subsection (c), by striking chapter 7 or 13 and inserting chapter 10 of this title ; (2) in subsection (d)— (A) in the matter preceding paragraph (1), by striking chapter 7 and inserting chapter 10 ; (B) in paragraph (1), by adding and at the end; (C) by striking paragraph (2); (D) by redesignating paragraph (3) as paragraph (2); (E) in paragraph (2), as so redesignated, by striking ; and and inserting a period; and (F) by striking paragraph (4); and (3) by adding at the end the following: (f) In a case under chapter 10 of this title— (1) the meeting of creditors under subsection (a) may be convened electronically and allow remote appearances of all parties; (2) (A) the debtor shall not be required to appear in person if it would impose an unreasonable burden on the debtor; and (B) there shall be a rebuttable presumption that in-person attendance at the meeting of creditors under subsection (a) is an unreasonable burden on the debtor if the debtor’s address on the bankruptcy petition is more than 10 miles from the location of the courthouse of the bankruptcy court where the meeting of creditors under subsection (a) would occur; and (3) the meeting of creditors under subsection (a) shall be scheduled at such times to avoid conflict with the debtor’s employment. . (q) Notice Section 342 of title 11, United States Code, is amended— (1) by striking subsections (b) and (d); (2) by redesignating subsections (c), (e), (f), and (g) as subsections (b), (c), (d), and (e), respectively; (3) in subsection (c)(1), as so redesignated, by striking chapter 7 or 13 and inserting chapter 10 ; (4) in subsection (d), as so redesignated— (A) in paragraph (1), by striking chapters 7 or 13 and inserting chapter 10 ; and (B) in paragraph (2)— (i) by striking chapter 7 or 13 and inserting chapter 10 ; and (ii) by striking subsection (e) and inserting subsection (c) ; and (5) in subsection (e)(2), as so redesignated, by striking section 362(k) and inserting section 362(j) . (r) Unclaimed property Section 347(a) of title 11, United States Code, is amended by striking under section and all that follows through as the case may be and inserting under section 726, 1025, 1194, or 1226 of this title under chapter 7, chapter 10, subchapter V of chapter 11, or chapter 12 of this title, as the case may be . (s) Effect of conversion Section 348 of title 11, United States Code, is amended— (1) in subsection (b)— (A) by striking sections 701(a), 727(a)(10), 727(b), 1102(a), 1110(a)(1), 1121(b), 1121(c), 1141(d)(4), 1201(a), 1221, 1228(a), 1301(a), and 1305(a) of this title and inserting sections 701(a), 1009(a), 1025(b), 1027(a), 1027(b), 1031(c), 1102(a), 1110(a)(1), 1121(b), 1121(c), 1141(d)(4), 1201(a), 1221, and 1228(a) of this title ; and (B) by striking under section 706, 1112, 1208, or 1307 of this title and inserting under section 706, 1005, 1053(c), 1112, or 1208 of this title ; (2) in subsection (c), by striking under section 706, 1112, 1208, or 1307 of this title and inserting under section 706, 1005, 1053(c), 1112, or 1208 of this title; (3) in subsection (d), by striking under section 1112, 1208, or 1307 of this title and inserting under section 1005, 1053(c), 1112, or 1208 of this title ; (4) in subsection (e), by striking under section 706, 1112, 1208, or 1307 of this title and inserting under section 706, 1005, 1053(c), 1112, or 1208 of this title; and (5) by striking subsection (f). (t) Effect of dismissal Section 349 of title 11, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) The dismissal of a case shall not— (1) bar the discharge, in a later case, of debts that were dischargeable in the case dismissed, except as provided in section 523, 1031, 1141, or 1228; or (2) prejudice the debtor with regard to the filing of a subsequent petition, except as provided in subsection (g) or (h) of section 109. ; and (2) in subsection (b)(1)(B), by striking or 724(a) of this title, and inserting 724(a), or 1041 of this title, . (u) Automatic stay (1) In general Section 362 of title 11, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (3), by inserting or to retain after to exercise control over ; (ii) in paragraph (7), by striking and at the end; (iii) in paragraph (8), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (9) in a case under chapter 10 of this title, at any time before the earliest of a conversion or dismissal under section 1005 of this title, a dismissal under section 1053(c) of this title, or a discharge under section 1031 of this title, any act to alter, refuse, or discontinue utility service provided to the debtor under an agreement entered into before the entry of the order for relief. ; (B) in subsection (b)— (i) by striking paragraph (22); (ii) by redesignating paragraphs (23), (24), (25), (26), (27), (28), and (29) as paragraphs (22), (23), (24), (25), (26), (27), and (28), respectively; (iii) in paragraph (22), as so redesignated, by striking subsection (m) and inserting subsection (l) ; (iv) in paragraph (27), as so redesignated, by striking and at the end; (v) in paragraph (28), as so redesignated, by striking the period and inserting ; and ; and (vi) by striking the matter following paragraph (28), as so redesignated and inserting the following: (29) under subsection (a), over retention of property of the estate subject to a potential loss of value due to accident, casualty, or theft unless the party entitled to possession provides proof of insurance or other security sufficient to protect the creditor against such loss of value. ; (C) in subsection (c)— (i) in the matter preceding paragraph (1), by striking (f), and (h) and inserting and (f) ; (ii) by striking paragraphs (2) and (3) and inserting the following: (2) in a case under chapter 7, 9, 11, or 12, the stay of any other act under subsection (a) of this section continues until the earliest of— (A) the time the case is closed; (B) the time the case is dismissed; or (C) if the case is a case under chapter 9, 11, or 12, the time a discharge is granted or denied; (3) in a case under chapter 10, the stay of any other act under subsection (a) of this section continues until the earliest of— (A) the time the case is closed; (B) the time the case is dismissed; or (C) the time specified in section 1021(e) has expired without the debtor having filed a plan; and ; and (iii) in subparagraph (A)(i) of paragraph (4), by striking dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b), and inserting dismissed, ; (D) in subsection (e)(2), by striking chapter 7, 11, or 13 and inserting chapter 10 or 11 ; (E) by striking subsections (h) and (i); (F) by redesignating subsections (j) through (o) as subsections (h) through (m) respectively; (G) in subsection (i), as so redesignated— (i) by striking (1) Except as provided in paragraph (2), an and inserting An ; and (ii) by striking paragraph (2); and (H) by adding at the end the following: (n) Any agreement of the debtor entered into before the filing of the petition to waive the provisions of this section or any other provision of this title is void. . (2) Conforming amendments (A) Section 1519(f) of title 11, United States Code, is amended by striking section 362(o) and inserting section 362(m) . (B) Section 1521(f) of title 11, United States Code, is amended by striking section 362(o) and inserting section 362(m) . (v) Use, sale, or lease of property Section 363 of title 11, United States Code, is amended— (1) in subsection (c)(1) by striking section 721, 1108, 1183, 1184, 1203, 1204 or 1304 of this title and inserting section 721, 1003, 1108, 1183, 1184, 1203, or 1204 of this title ; and (2) in subsection (l) by striking under chapter 11, 12, or 13 of this title and inserting under chapter 10, 11, or 12 of this title . (w) Obtaining credit Section 364(a) of title 11, United States Code, is amended by striking section 721, 1108, 1183, 1184, 1203, 1204, or 1304 of this title, and inserting section 721, 1108, 1183, 1183, 1203, or 1204 of this title, . (x) Executory contracts and unexpired leases Section 365 of title 11, United States Code, is amended— (1) in subsection (d)(2), by striking under chapter 9, 11, 12, or 13 of this title and inserting under chapter 9, 10, 11, or 12 of this title ; (2) in subsection (g)— (A) in paragraph (1), by striking under chapter 9, 11, 12, or 13 of this title, and inserting under chapter 9, 10, 11, or 12 of this title, ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking under chapter 9, 11, 12, or 13 of this title and inserting under chapter 9, 10, 11, or 12 of this title ; (ii) in subparagraph (A) by striking under section 1112, 1208 or 1307 of this title, and inserting under section 1005, 1053(c), 1112, or 1208 of this title, ; and (iii) in subparagraph (B), in the matter preceding clause (i), by striking under section 1112, 1208 or 1307 of this title and inserting under section 1005, 1053(c), 1112, or 1208 of this title ; and (3) by striking subsection (p) and inserting the following: (p) Notwithstanding any provision in a lease or applicable nonbankruptcy law, the following shall apply: (1) (A) If the debtor is an individual, the trustee shall be deemed to have abandoned any unexpired lease of residential real property that is the debtor’s principal residence of which the debtor or the debtor’s spouse or dependents is a tenant. (B) (i) Notwithstanding any other provision of this section, the debtor may assume such a lease— (I) without curing any monetary defaults under the lease that aggregate no more than the amount described in clause (iii); and (II) without adequate assurance of future performance. (ii) If there are monetary defaults under the lease that aggregate to more than the amount described in clause (iii), the debtor may not assume such lease unless all monetary defaults in excess of the amount described in clause (iii) are cured. (iii) The amount described in this clause is the amount equal to 6 times the monthly rent to be paid by the debtor under the lease. (C) Any monetary defaults on such a lease left uncured shall become claims against the estate in accordance with section 365(g). (D) (i) All non-monetary defaults on such a lease shall be deemed waived, except those relating to health or safety, which shall require permission of the court to waive or modify if the lessor objects to their waiver or modification. (ii) Any pecuniary loss in accordance with such a non-monetary default shall constitute a claim against the estate in accordance with subsection 365(g). (E) Such a lease not assumed by the debtor, including satisfaction or adequate assurance of any cure required within 60 days of the order of relief, under this paragraph shall return to the bankruptcy estate. (2) (A) If the debtor is an individual and if an unexpired lease of property not subject to paragraph (1) is rejected or not timely assumed by the trustee under subsection (d), the debtor may move to assume the lease. (B) The court— (i) may approve such an assumption if the debtor cures any monetary default within 90 days after the date of assumption; and (ii) shall withhold any discharge of the debtor until such cure is made. (C) The debtor’s interest in the lease or property that is the subject of the lease ceases to be property of the estate if— (i) the debtor fails to move to assume the lease within 14 days after the lease is rejected or not timely assumed by the trustee; or (ii) the debtor’s motion to assume the lease is denied. (D) All non-monetary defaults on such a lease shall be deemed waived except those relating to health or safety, which shall require permission of the court upon motion to waive or modify if the lessor objects to their waiver or modification. (3) In this subsection, the term lease does not include— (A) an agreement that is a security interest under applicable nonbankruptcy law, irrespective of its form; or (B) a lease the term of which extends beyond the remaining economic life of the property. . (y) Utility service Section 366(b) of title 11 United States Code, is amended by striking Such utility and inserting In a case other than under chapter 10 of this title, such utility . (z) Filing of proofs of claims or interests Section 501 of title 11, United States Code, is amended by adding at the end the following: (f) (1) Any creditor that files a claim in a case in which the debtor is an individual, and any attorney representing such creditor, shall at the time of filing certify, under penalty of perjury, whether the creditor has a beneficial interest in the claim and to what extent. (2) If the creditor does not hold the entire beneficial interest in the claim, the creditor shall disclose in the certification under paragraph (1) the identity of the party or parties holding the beneficial interest. (3) The creditor shall promptly notify the court, the trustee, the United States Trustee, and the debtor of any updates necessary to maintain the accuracy of the certification under paragraph (1). (g) The filing of a claim under this title shall not revive any period of limitations under applicable nonbankruptcy law. . (aa) Allowance of claims or interests (1) In general Section 502 of title 11, United States Code, is amended— (A) in subsection (b)— (i) in the matter preceding paragraph (1), by striking subsections (e)(2), (f), (g), (h) and (i) and inserting subsections (c), (f)(2), (g), (h), (i) and (j) ; (ii) in paragraph (2), by striking interest; and inserting interest, including under a prepayment penalty, yield maintenance clause, make-whole clause, or similar contractual provision; ; (iii) by redesignating paragraphs (3) through (9) as paragraphs (5) through (11), respectively; (iv) by inserting after paragraph (2) the following: (3) such claim is for attorneys’ fees incurred after the entry of the order for relief under this title, except to the extent permitted under section 503 or 506 of this title; (4) notwithstanding section 506(b), such claim is for a fee incurred under section 1930(b) of title 28; ; (v) in paragraph (10), as so redesignated, by striking or at the end; and (vi) in paragraph (11), as so redesignated— (I) by striking except that— and all that follows through a claim of a governmental unit and inserting except that a claim of a governmental unit ; (II) by striking provide; and and inserting provide. ; and (III) by striking subparagraph (B); (B) by striking subsection (k); (C) by redesignating subsections (d), (e), (f), (g), (h), (i), and (j) as subsections (e), (f), (g), (h), (i), (j), and (k), respectively; (D) by inserting after subsection (c) the following: (d) The court shall, after notice and a hearing, disallow any claim if the creditor, an affiliate of the creditor, an agent of the creditor, a direct or indirect transferor of the claim to the creditor, or an affiliate of such transferor violated a Federal consumer financial law, as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ), in connection with the claim or an obligation that gave rise to the claim. ; (E) in subsection (e), as so redesignated, by striking or 724(a) of this title and inserting 724(a) or 1041 of this title ; (F) in subsection (f), as so redesignated, in paragraph (2), by striking or disallowed under subsection (d) and inserting or disallowed under subsection (d) or (e) ; (G) in subsection (g), as so redesignated, by striking or disallowed under subsection (d) or (e) and inserting or disallowed under subsection (d), (e), or (f) ; (H) in subsection (h), as so redesignated— (i) in paragraph (1)— (I) by striking chapter 9, 11, 12, or 13 and inserting chapter 9, 10, 11, or 12 ; and (II) by striking or disallowed under subsection (d) or (e) and inserting or disallowed under subsection (d), (e), or (f) ; and (ii) in paragraph (2), by striking or disallowed under subsection (d) or (e) and inserting or disallowed under subsection (d), (e), or (f) ; (I) in subsection (i), as so redesignated, by striking or disallowed under subsection (d) or (e) and inserting or disallowed under subsection (d), (e), or (f) ; (J) in subsection (j), as so redesignated, by striking or disallowed under subsection (d) or (e) and inserting or disallowed under subsection (d), (e), or (f) ; and (K) by adding at the end the following: (l) (1) The court shall grant judgment against the creditor and in favor of the estate for costs and reasonable attorneys’ fees— (A) if— (i) a claim is disallowed under subsection (b) because the debt from which it arises is not within the applicable statutory limitations period; and (ii) the creditor did not take reasonable actions to form a good faith belief that the debt on which it is based is within the applicable statutory limitations period; or (B) if a claim is disallowed under subsection (d). (2) The estate may offset the liability of a creditor under this subsection against any distribution otherwise to be made to the creditor. (3) The remedy provided by this subsection shall not be exclusive of other remedies available to the debtor or the estate. . (2) Conforming amendments (A) Section 101 of title 11, United States Code, is amended in paragraph (12)(B), as redesignated by this section, by striking 502(f), 502(g), 502(h) or 502(i) and inserting subsection (g), (h), (i), or (j) of section 502 . (B) Section 501(d) of title 11, United States Code, is amended by striking in section 502(e)(2), 502(f), 502(g), 502(h) or 502(i) and inserting in subsection (f)(2), (g), (h), (i), or (j) of section 502 . (C) Section 503(b) of title 11, United States Code, is amended— (i) in the matter preceding paragraph (1), by striking section 502(f) and inserting section 502(g) ; and (ii) in paragraph (7), by striking section 502(b)(6) and inserting section 502(b)(8) . (D) Section 506(d)(1) of title 11, United States Code, is amended by striking section 502(b)(5) or 502(e) and inserting subsection (b)(7) or (f) of section 502 . (E) Section 507(a)(3) of title 11, United States Code, is amended by striking section 502(f) and inserting section 502(g) . (F) Section 509(b)(1)(B) of title 11, United States Code, is amended by striking section 502(e) and inserting section 502(f) . (G) Section 544(b)(1) of title 11, United States Code, is amended by striking section 502(e) and inserting section 502(f) . (H) Section 929 of title 11, United States Code, is amended by striking section 502(b)(6) and inserting section 502(b)(8) . (I) Section 1114(j) of title 11, United States Code, is amended by striking section 502(b)(7) and inserting section 502(b)(9) . (J) Section 1141(d)(1)(A) of title 11, United States Code, is amended by striking section 502(g), 502(h), or 502(i) and inserting subsection (h), (i), or (j) of section 502 . (K) Section 1232(d)(4) of title 11, United States Code, is amended by striking or disallowed under subsection (d) or (e) of section 502 and inserting or disallowed under subsection (d), (e), or (f) of section 502 . (L) Section 311 of PROMESA ( 48 U.S.C. 2171 ) is amended by striking 502(b)(6) and inserting 502(b)(8) . (bb) Determination of secured status Section 506 of title 11, United States Code, is amended— (1) in subsection (a), by striking paragraph (2) and inserting the following: (2) In a case under chapter 10 of this title, any interest of a creditor in property of the debtor or the estate shall be determined by its realizable value as of the date of the filing of the petition. ; (2) in subsection (b), by striking interest on such claim, and all that follows and inserting interest on such claim and any reasonable fees, costs, or charges provided for under the agreement or applicable nonbankruptcy law under which such claim arose, with post-petition interest credited to the allowed secured claim before other fees, costs, or charges. ; and (3) in subsection (d), in the matter preceding paragraph (1) by striking allowed secured claim, and inserting allowed secured claim pursuant to subsection (a), . (cc) Priorities (1) In general Section 507(a) of title 11, United States Code, is amended— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B), as so redesignated— (I) by striking 701, 702, 703, 1104, 1202, or 1302 and inserting 1001, 1104, or 1202 ; and (II) by striking subparagraphs (A) and (B) and inserting subparagraph (A) ; and (B) in paragraph (7), by inserting including the purchase of a store gift card, after purchase of services, . (2) Conforming amendments (A) Section 724(b)(2) of title 11, United States Code, is amended by striking section 507(a)(1)(C) and inserting section 507(a)(1)(B) . (B) Section 1222(a)(4) of title 11, United States Code, is amended— (i) in paragraph (3), by adding and at the end; (ii) by striking paragraph (4); and (iii) by redesignating paragraph (5) as paragraph (4). (dd) Rate of interest on tax claims Section 511 of title 11, United States Code, is amended by adding at the end the following: (c) This section shall not apply in a case under chapter 10 of this title. . (ee) Debtor’s duties Section 521, of title 11, United States Code, is amended by striking subsections (a) through (j) and inserting the following: (a) The debtor shall— (1) file— (A) a list of creditors; and (B) unless the court orders otherwise— (i) a schedule of assets and liabilities; (ii) a schedule of current income and current expenditures; (iii) a statement of the debtor’s financial affairs; (iv) a statement disclosing any reasonably anticipated increase in income or expenditures over the 12-month period following the date of the filing of the petition; and (v) if the debtor’s annual income creates or increases the minimum payment obligation as described in clause (ii) or (iii) of section 101(54)(B) of this title— (I) a statement of the debtor’s annual income; and (II) the calculations that determine the amount by which the debtor’s annual income creates or increases the minimum payment obligation; (2) if a trustee is serving in the case, cooperate with the trustee as necessary to enable the trustee to perform the trustee’s duties under this title; (3) appear at the hearing required under section 524(d) of this title; and (4) unless a trustee is serving in the case, continue to perform the obligations required of the administrator (as defined in section 3 of the Employee Retirement Income Security Act of 1974) of an employee benefit plan if at the time of the commencement of the case the debtor (or any entity designated by the debtor) served as such administrator. (b) In a case under chapter 10 of this title: (1) Not later than 7 days before the date first set for the first meeting of creditors, the debtor shall provide to the trustee documentation that establishes the debtor’s income in one or more of the following forms: (A) One or more payment advices, issued within 60 days before the date of the filing of the petition, showing the debtor’s year-to-date income. (B) A copy of the Federal income tax return required under applicable law (or at the election of the debtor, a transcript of such return) for the most recent tax year ending immediately before the commencement of the case and for which a Federal income tax return was filed. (C) A W–2 form issued by each employer for the tax year preceding the year the petition is filed. (D) Other evidence of payment received within 60 days before the date of the filing of the petition that establishes the debtor’s income. (2) If the debtor’s annual income creates or increases the minimum payment obligation as described in clause (ii) or (iii) of section 101(54)(B) of this title, the debtor shall, to the extent not already provided under paragraph (1), provide to the trustee as documentation of income— (A) a copy of the Federal income tax return required under applicable law (or at the election of the debtor, a transcript of such return) for the most recent tax year ending immediately before the commencement of the case and for which a Federal income tax return was required and filed; and (B) copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition, by the debtor from any employer of the debtor. (3) Notwithstanding paragraphs (1) and (2), the debtor shall provide additional documentation of income if requested by the trustee or the United States trustee upon reasonable grounds to believe the debtor’s actual income is greater than disclosed and would create or increase the minimum payment obligation as described in clause (ii) or (iii) of section 101(54)(B) of this title. (c) If the schedule of current income required by subsection (a)(1)(B)(ii) discloses income that is not more than 80 percent of the amount of annual income that would trigger the documentation obligations in subsection (b)(2) and in the absence of actual knowledge of facts to the contrary, an attorney for the debtor or a bankruptcy petition preparer for the debtor under section 110 of this title may rely on the schedule of current income to determine that— (1) the documentation requirements of subsection (b)(2) do not apply; and (2) the debtor is not required to file the statement of annual income required by subsection (a)(1)(B)(v). (d) In a case under chapter 7 or 11: (1) The debtor shall provide— (A) not later than 7 days before the date first set for the first meeting of creditors, to the trustee a copy of the Federal income tax return required under applicable law (or at the election of the debtor, a transcript of such return) for the most recent tax year ending immediately before the commencement of the case and for which a Federal income tax return was filed; and (B) at the same time the debtor complies with subparagraph (A), a copy of such return (or if elected under subparagraph (A), such transcript) to any creditor that timely requests such copy. (2) If the debtor fails to comply with subparagraph (A) or (B) of paragraph (1), the court shall dismiss the case unless the debtor demonstrates that the failure to so comply is due to circumstances beyond the debtors's control. (3) If a creditor requests a copy of such tax return or such transcript and if the debtor fails to provide a copy of such tax return or such transcript to such creditor at the time the debtor provides such tax return or such transcript to the trustee, the court shall dismiss the case unless the debtor demonstrates that the failure to provide a copy of such tax return or such transcript is due to circumstances beyond the debtor's control. (e) Failure by the debtor to disclose a cause of action in a schedule required to be filed under this section shall not alone be grounds to dismiss a lawsuit brought to enforce the cause of action. (f) If requested by the United States trustee or by the trustee, the debtor shall provide— (1) a document that establishes the identity of the debtor, including a driver’s license, passport, or other document that contains a photograph of the debtor; or (2) such other personal identifying information relating to the debtor that establishes the identity of the debtor. (g) At the request of the court, the trustee, or the United States trustee, a debtor under chapter 11 who is an individual shall file with the court— (1) at the same time filed with the taxing authority, a copy of each Federal income tax return required under applicable law (or at the election of the debtor, a transcript of such tax return) with respect to each tax year of the debtor ending while the case is pending under such chapter; (2) at the same time filed with the taxing authority, each Federal income tax return required under applicable law (or at the election of the debtor, a transcript of such tax return) that had not been filed with such authority as of the date of the commencement of the case and that was subsequently filed for any tax year of the debtor ending in the 3-year period ending on the date of the commencement of the case; and (3) a copy of each amendment to any Federal income tax return or transcript filed with the court under paragraph (1) or (2). (h) (1) Notwithstanding any other provision of this title, if the debtor fails to file a tax return that becomes due after the commencement of the case or to properly obtain an extension of the due date for filing such return, the taxing authority may request that the court enter an order converting or dismissing the case. (2) If the debtor does not file the required return or obtain the extension referred to in paragraph (1) within 90 days after a request is filed by the taxing authority under that paragraph, the court shall convert or dismiss the case, whichever is in the best interests of creditors and the estate. . (ff) Exemptions (1) In general Section 522 of title 11, United States Code, is amended by striking subsections (a) through (q) and inserting the following: (a) In this section— (1) the term conforming loan limit means that applicable limitation for the debtor’s county of residence governing the maximum original principal obligation for a mortgage secured by a single-family residence, as determined and adjusted annually under section 302(b)(2) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(2) ) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ); (2) the term dependent includes spouse, whether or not actually dependent; and (3) the term value means value— (A) as of the date of the filing of the petition; or (B) with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate. (b) (1) Notwithstanding section 541 of this title, an individual debtor may elect to exempt from property of the estate either the property listed in paragraph (2) or, in the alternative, the property listed in paragraph (3). (2) (A) The property listed in this paragraph is the following: (i) The debtor’s interest in the debtor’s principal residence, not to exceed— (I) 75 percent of the conforming loan limit, if the debtor is age 65 or older on the date of the petition not to exceed not to exceed; and (II) 50 percent of the conforming loan limit in any other case. (ii) The debtor’s aggregate interest, unlimited in amount except as provided in subparagraph (B), in the following: (I) Professionally prescribed health aids for the debtor or a dependent of the debtor. (II) The debtor’s right to receive, or property that is traceable to— (aa) a social security benefit, railroad retirement benefit, government pension or retirement benefit, unemployment compensation, or a local public assistance benefit; (bb) a veterans’ benefit; (cc) a disability, illness, or unemployment benefit; (dd) alimony, support, or separate maintenance; (ee) a payment under a stock bonus, pension, profit sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, unless— (AA) such plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtor’s rights under such plan or contract arose; (BB) such payment is on account of age or length of service; and (CC) such plan or contract does not qualify under section 401(a), 403(a), 403(b), or 408 of the Internal Revenue Code of 1986; (ff) an award under a crime victim’s reparation law; (gg) a payment on account of the wrongful death of an individual of whom the debtor was a dependent, except to the extent that such payment is for punitive damages; (hh) a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individual’s death; (ii) a payment on account of personal bodily injury, pain and suffering, or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent, except to the extent that such payment is for punitive damages; (jj) a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent; (kk) retirement funds, including a direct transfer of retirement funds from a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986, under section 401(a)(31) of the Internal Revenue Code of 1986, or otherwise, or a distribution that qualifies as an eligible rollover distribution within the meaning of section 402(c) of the Internal Revenue Code of 1986 or has been distributed from a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986 and to the extent allowed by law is deposited in such a fund or account not later than 60 days after the distribution of such amount, to the extent that those funds are or were in a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986; or (ll) a tax credit for earned income under section 32 of the Internal Revenue Code of 1986. (iii) The debtor’s interest in any other property up to $35,000 in aggregate value. (B) (i) The court on its own motion, or upon motion by the trustee or United States trustee, may limit the amount property exempt under item (dd), (ee), (hh), (jj), or (kk) of subparagraph (A)(ii)(II) after notice and hearing if it determines that such property is manifestly unnecessary for the support of the debtor or the debtor’s dependents. (ii) There shall be a rebuttable presumption that aggregate value of property described in any such item in excess of $1,500,000 is manifestly unnecessary for the support of the debtor or the debtor’s dependents. (C) (i) If the debtor has a dependent, the debtor may double the exemption amounts under subparagraph (A)(iii) unless the dependent is filing a concurrent petition or has filed a petition within the previous 6 years. (ii) The debtor may increase the amounts exempt under subparagraph (A)(iii) in accordance with the number of additional dependents not claimed under clause (i) of this subparagraph by— (I) 25 percent for the first additional dependent; (II) an additional 10 percent for the second additional dependent; (III) an additional 5 percent for the third additional dependent; and (IV) an additional 1 percent for each additional dependent beyond the third. (iii) If a debtor has been claimed as dependent under this subparagraph on a previous debtor’s petition within the past 6 years, the court may reduce the amount of such debtor’s exemptions under this subparagraph as the equities of the case require. There shall be a rebuttable presumption that an intervening change in family circumstances, such as separation or divorce, shall not require such a reduction. (iv) If a debtor has a dependent that has been claimed on another debtor’s petition under this subparagraph within the past 6 years, the court may reduce the amount of the debtor’s exemptions under this subparagraph as the equities of the case require. There shall be a rebuttable presumption that an intervening change in family circumstances, such as separation or divorce, shall not require such a reduction. (v) When claiming property as exempt from the estate under this subparagraph, the debtor shall indicate on an official form prescribed by the Judicial Conference of the United States in accordance with the Federal Rules of Bankruptcy Procedure whether any of the debtor’s dependents have filed for bankruptcy within the previous 6 years or whether this information is unknown. (3) (A) The property listed in this paragraph is the following: (i) Subject to subparagraphs (B) through (E), any property that is exempt under Federal law, other than paragraph (2) of this subsection, or State or local law that is applicable on the date of the filing of the petition to the place in which the debtor’s domicile has been located for the 730 days immediately preceding the date of the filing of the petition or if the debtor’s domicile has not been located in a single State for such 730-day period, the place in which the debtor’s domicile was located for 180 days immediately preceding the 730-day period or for a longer portion of such 180-day period than in any other place. (ii) Any interest in property in which the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety or joint tenant to the extent that such interest as a tenant by the entirety or joint tenant is exempt from process under applicable nonbankruptcy law. (iii) Retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986. (B) (i) Notwithstanding any contrary provision of nonbankruptcy law, the exempt amount under this paragraph of any homestead acquired by the debtor within the 1-year period immediately preceding the date of the filing of the petition shall be limited to the exempt amount of value of the debtor’s previous principal residence. (ii) If the value of the debtor’s interest in property claimed as a principal residence under this paragraph exceeds $1,000,000, clause (i) applies to a principal residence acquired within the 3-year period immediately preceding the date of filing of the petition. (C) The value of an interest in the debtor’s principal residence shall be reduced to the extent that such value is attributable to any portion of any property that the debtor disposed of in the 10-year period ending on the date of the filing of the petition with the intent to hinder, delay, or defraud a creditor and that the debtor could not exempt, or that portion that the debtor could not exempt under this subsection if on such date the debtor had held the property so disposed of. (D) (i) Except as provided in clause (ii) of this subparagraph and sections 544 and 548, as a result of electing to exempt property under State or local law under subparagraph (A)(i), a debtor may not exempt any amount of interest that was acquired by the debtor during the 4-year period preceding the date of the filing of the petition that exceeds in the aggregate $170,000 in value in the debtor’s principal residence. (ii) (I) The limitation under clause (i) shall not apply to an exemption claimed under subparagraph (A)(i) by a family farmer for the principal residence of such farmer. (II) For purposes of clause (i), any amount of such interest does not include any interest transferred from a debtor’s previous principal residence (which was acquired prior to the beginning of such 4-year period) into the debtor’s current principal residence, if the debtor’s previous and current residences are located in the same State. (E) (i) A debtor electing to exempt property under this paragraph may not exempt any amount of an interest in the debtor’s principal residence that exceeds in the aggregate $170,000 if— (I) the court determines, after notice and a hearing, that the debtor has been convicted of a felony (as defined in section 3156 of title 18), which under the circumstances demonstrates that the filing of the case was an abuse of the provisions of this title; or (II) the debtor owes a debt arising from— (aa) any violation of the Federal securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934), any State securities laws, or any regulation or order issued under Federal securities laws or State securities laws; (bb) fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security registered under section 12 or 15(d) of the Securities Exchange Act of 1934 or under section 6 of the Securities Act of 1933; (cc) any civil remedy under section 1964 of title 18; (dd) for debts arising from a violation of section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ); or (ee) any criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years. (ii) Clause (i) shall not apply to the extent the amount of an interest in the debtor’s principal residence is reasonably necessary for the support of the debtor or any dependent of the debtor. (4) (A) For the purposes of item (kk) of paragraph (2)(A)(ii)(II) and clause (iii) of paragraph (3)(A), if the trustee, United States trustee, or court on its own motion objects to retirement funds’ status as exempt, and if those retirement funds are in a retirement fund or account that has received a favorable determination under section 7805 of the Internal Revenue Code of 1986 and that determination is in effect as of the date of the filing of the petition in a case under this title, those funds shall be presumed to be exempt from the estate. (B) If the retirement funds are in a retirement fund or account that has not received a favorable determination under such section 7805, those funds shall be exempt from the estate if the court determines that— (i) no prior determination to the contrary has been made by a court or the Internal Revenue Service; and (ii) (I) the retirement fund is in substantial compliance with the applicable requirements of the Internal Revenue Code of 1986; or (II) the retirement fund fails to be in substantial compliance with the applicable requirements of the Internal Revenue Code of 1986 and the debtor is not materially responsible for that failure. (5) (A) A direct transfer of retirement funds from 1 fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986, under section 401(a)(31) of the Internal Revenue Code of 1986, or otherwise, shall not cease to qualify for exemption under item (kk) of paragraph (2)(A)(ii)(II) or clause (iii) of paragraph (3)(A) by reason of such direct transfer. (B) (i) Any distribution that qualifies as an eligible rollover distribution within the meaning of section 402(c) of the Internal Revenue Code of 1986 or that is described in clause (ii) of this subparagraph shall not cease to qualify for exemption under item (kk) of paragraph (2)(A)(ii)(II) or clause (iii) of paragraph (3)(A) by reason of such distribution. (ii) A distribution described in this clause is an amount that— (I) has been distributed from a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986; and (II) to the extent allowed by law, is deposited in such a fund or account not later than 60 days after the distribution of such amount. (6) (A) In joint cases filed under section 302 of this title and individual cases filed under section 301 or 303 of this title by or against 2 debtors who are married to each other, and whose estates are ordered to be jointly administered under the Federal Rules of Bankruptcy Procedure, the debtors shall be deemed to elect exempt property under paragraph (2) unless they both affirmatively elect to exempt property under paragraph (3). (B) In a joint case, the residence exemptions in subparagraphs (2)(A)(i) and (3)(A)(i) shall be allocated one-half each to each debtor. (C) The nonresidence exemptions in paragraphs (2)(A)(iii) and (3)(A)(iii) shall apply separately with respect to each debtor in a joint case. (c) Unless the case is dismissed, property exempted under this section is not liable during or after the case for any debt of the debtor that arose, or that is determined under section 502 of this title as if such debt had arisen, before the commencement of the case, except— (1) a debt of a kind specified in paragraph (5) of section 523(a) (in which case, notwithstanding any provision of applicable nonbankruptcy law to the contrary, such property shall be liable for a debt of a kind specified in such paragraph); or (2) a debt secured by a lien that is— (A) not avoided under subsection (e) or (g) of this section or under section 544, 545, 547, 548, or 549 of this title; and (B) not void under section 506(d) of this title. (d) (1) A waiver of an exemption executed in favor of a creditor that holds an unsecured claim against the debtor is unenforceable in a case under this title with respect to such claim against property that the debtor may exempt under subsection (b). (2) A waiver by the debtor of a power under subsection (e) or (g) to avoid a transfer, under subsection (f) or (h) to exempt property, or under subsection (h) to recover property or to preserve a transfer, is unenforceable in a case under this title. (e) (1) Notwithstanding any waiver of exemptions, the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b), if such lien is— (A) a judicial lien, other than a judicial lien that secures a debt of a kind that is specified in section 523(a)(5); or (B) a nonpossessory, non-purchase-money security interest in any personal, family, or household goods or in any implements, professional books, or tools, of the trade of the debtor or the trade of a dependent of the debtor. (2) (A) For the purposes of this subsection, a lien shall be considered to impair an exemption to the extent that the sum of— (i) the lien; (ii) all other liens on the property; and (iii) the amount of the exemption that the debtor could claim if there were no liens on the property, exceeds the value that the debtor’s interest in the property would have in the absence of any liens. (B) In the case of a property subject to more than 1 lien, a lien that has been avoided shall not be considered in making the calculation under subparagraph (A) with respect to other liens. (C) This paragraph shall not apply with respect to a judgment arising out of a mortgage foreclosure. (f) Notwithstanding sections 550 and 551 of this title, the debtor may exempt under subsection (b) of this section property that the trustee recovers under section 510(c)(2), 542, 543, 550, 551, or 553 of this title, to the extent that the debtor could have exempted such property under subsection (b) of this section if such property had not been transferred, if— (1) (A) such transfer was not a voluntary transfer of such property by the debtor; and (B) the debtor did not conceal such property; or (2) the debtor could have avoided such transfer under subsection (e)(1) of this section. (g) The debtor may avoid a transfer of property of the debtor or recover a setoff to the extent that the debtor could have exempted such property under subsection (f)(1) if the trustee had avoided such transfer, if— (1) such transfer is avoidable by the trustee under section 544, 545, 547, 548, 549, or 1041 of this title or recoverable by the trustee under section 553 of this title; and (2) the trustee does not attempt to avoid such transfer. (h) (1) If the debtor avoids a transfer or recovers a setoff under subsection (e) or (g), the debtor may recover in the manner prescribed by, and subject to the limitations of, section 550 of this title, the same as if the trustee had avoided such transfer, and may exempt any property so recovered under subsection (b). (2) Notwithstanding section 551 of this title, a transfer avoided under section 544, 545, 547, 548, 549, or 1041 of this title, under subsection (e) or (g) of this section, or property recovered under section 553 of this title, may be preserved for the benefit of the debtor to the extent that the debtor may exempt such property under subsection (f) of this section or paragraph (1) of this subsection. (i) Notwithstanding subsections (f) and (h), the debtor may exempt a particular kind of property under subsections (f) and (h) only to the extent that the debtor has exempted less property in value of such kind than that to which the debtor is entitled under subsection (b). (j) Property that the debtor exempts under this section is not liable for payment of any administrative expense except— (1) the aliquot share of the costs and expenses of avoiding a transfer of property that the debtor exempts under subsection (f), or of recovery of such property, that is attributable to the value of the portion of such property exempted in relation to the value of the property recovered; and (2) any costs and expenses of avoiding a transfer under subsection (e) or (g), or of recovery of property under subsection (h)(1), that the debtor has not paid. (k) (1) (A) The debtor shall file a list of property that the debtor claims as exempt under subsection (b). (B) If the debtor does not file such a list, a dependent of the debtor may file such a list, or may claim property as exempt from property of the estate on behalf of the debtor. (2) Unless a party in interest objects, the property claimed as exempt on such list is exempt. . (2) Conforming amendment (A) Section 349(b)(1)(B) of title 11, United States Code, is amended by striking 522(i)(1), and inserting 522(h)(i), . (B) Subsection (e) of section 502 of title 11, United States Code, as so redesignated by subsection (aa) of this section, is amended— (i) by striking section 522(f), 522(h), and inserting section 522(e), 522(g), ; and (ii) by striking section 522(i) and inserting section 522(h) . (gg) Exceptions to discharge Section 523 of title 11, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking 727, ; and (ii) by striking 1328(b) and inserting 1031(a) ; (B) in paragraph (1)(B), in the matter preceding clause (i), by inserting subject to subsection (f), before with respect ; (C) in paragraph (2)— (i) in subparagraph (A), by adding or at the end; (ii) in subparagraph (B), by striking or at the end; and (iii) by striking subparagraph (C); (D) in paragraph (3)— (i) in subparagraph (A), by striking (4), or (6) and inserting (4), (6), or (7) ; and (ii) in subparagraph (B), by striking (4), or (6) and inserting (4), (6), or (7) ; (E) by striking paragraph (7) and inserting the following: (7) to the extent such debt is for a fine, penalty, or restitution— (A) that is incurred in a criminal proceeding and specifically designated as a fine, penalty, or restitution in the sentencing order upon the debtor’s conviction; (B) that is not— (i) for the cost of prosecuting the debtor, including the cost of public defense, incarceration, probation, or any diversion program; (ii) for the cost of operating the criminal justice system or funding government functions; (iii) for the cost of collecting such debt; or (iv) a fee, surcharge, assessment, or interest or collection charge imposed in connection with such debt; and (C) only if the creditor demonstrates that the debtor has substantial financial resources that permit the debtor to pay all or a significant portion of the fine, penalty, or restitution for— (i) a fine, penalty, or restitution with respect to which the petition is filed on or after the date that is 3 years after the later of— (I) the date of the sentencing order; or (II) the date on which the debtor was released from incarceration pursuant to the sentencing order; or (ii) a debt that is a tax penalty— (I) relating to a tax of a kind not specified in paragraph (1) of this subsection; or (II) imposed with respect to a transaction or event that occurred before 3 years before the date of the filing of the petition; ; (F) by striking paragraph (8); (G) by redesignating paragraph (9) as paragraph (8); (H) by inserting after paragraph (8), as so redesignated, the following: (9) that was or could have been listed or scheduled by the debtor in a prior case concerning the debtor under this title in which the debtor waived a discharge, or was denied a discharge under section 727(a) (2), (3), (4), (5), (6), or (7), as in effect on the day before the date of enactment of the Consumer Bankruptcy Reform Act of 2022 , or under section 1031, unless such debt was the subject of a written waiver of discharge and the court has made the determination required by section 1031(b)(3)(B); ; (I) by striking paragraphs (14) and (14A); (J) by redesignating paragraph (14B) as paragraph (14); (K) in paragraph (15), by inserting before the semicolon at the end , except for a debt arising from an obligation to pay, or to hold a former spouse harmless from, joint debts incurred by the debtor and the debtor’s former spouse ; (L) in paragraph (16), by inserting and the debtor or the trustee possesses, occupies, or uses the property after such lot ; (M) by striking paragraph (17); (N) by redesignating paragraph (18) as paragraph (17); (O) in paragraph (17), in the matter following subparagraph (B), by striking or at the end; and (P) by striking paragraph (19) and inserting the following: (18) in a case under chapter 10, for a debt for compensation owed on the date of the petition to the debtor’s attorney under an agreement described in section 329(c); or (19) for debts arising from a violation of section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ). ; (2) in subsection (b), by striking (a)(1), (a)(3), or (a)(8) and inserting (a)(1) or (a)(3) ; (3) in subsection (c), by adding at the end the following: (3) Notwithstanding subsection (a) of this section, the debtor shall be discharged from a debt of the kind specified in subsection (a)(7) of this section if the sentencing order fails to separately list any fees, costs, assessments or surcharges in addition to any fine, penalty, or restitution, and such fees, costs, assessments, or surcharges are authorized to be assessed under nonbankruptcy law for the particular crime committed by the debtor, unless— (A) the sentencing order expressly states that no fees, costs, assessments or surcharges are assessed against the debtor in addition to any fine, penalty, or restitution; or (B) on request of the creditor to whom such debt is owed, and after notice and a hearing, the court determines such debt shall not be discharged under subsection (a)(7) of this section. ; and (4) by adding at the end the following: (f) For purposes of subparagraph (B) of subsection (a)(1), a return— (1) must satisfy the requirements of applicable nonbankruptcy law; (2) must have been filed in a manner permitted by applicable nonbankruptcy law regardless of whether it was filed before or after any applicable deadline; (3) includes a return prepared pursuant to section 6020(a) of the Internal Revenue Code of 1986, or similar State or local law, or a written stipulation to a judgment entered by a nonbankruptcy tribunal; and (4) does not include a return made pursuant to section 6020(b) of the Internal Revenue Code of 1986, or similar State or local law. . (hh) Effect of discharge Section 524 of title 11, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking 727, 944, 1141, 1192, 1228, or 1328 and inserting sections 727 or 1328, as in effect on the day before the date of enactment of the Consumer Bankruptcy Reform Act of 2022 , or sections 944, 1031, 1141, 1192, or 1228 ; and (B) in paragraph (3), by striking 1192, 1228(a)(1), or 1328(a)(1) and inserting 1031, 1192, or 1228(a)(1), or section 1328(a)(1), as in effect on the day before the date of enactment of the Consumer Bankruptcy Reform Act of 2022 ; (2) in subsection (b)(2)(B), by striking 727 and inserting 1031 ; (3) by striking subsection (c) and inserting the following: (c) (1) A debtor that receives a discharge under section 1031, or section 727 or 1328, as in effect on the day before the date of enactment of the Consumer Bankruptcy Reform Act of 2022 , the trustee, the United States trustee, or the bankruptcy administrator may bring a civil action against a person that knows or should know that the discharge injunction is applicable and has intentionally or negligently commenced or continued any action described in subsection (a). (2) An action under paragraph (1) shall be commenced not later than 1 year after the date on which the discharged debtor, the trustee, or the United States trustee discovers that a person has commenced or continued any action described in subsection (a). (3) In an action under paragraph (1), the court may award relief consistent with this title if the court finds that a person has— (A) engaged in conduct in violation of this section or of any provision of this title; or (B) engaged in fraudulent, unfair, deceptive, or abusive conduct with respect to the debtor or the case. (4) Subject to paragraph (6), in a successful action under paragraph (1)— (A) the court— (i) shall award to a discharged debtor injured by a violation of subsection (a)— (I) actual damages, including damages for emotional distress; and (II) reasonable costs and attorneys’ fees; and (ii) if the trustee or the United States trustee is a prevailing party in the action, shall award to the trustee or the United States trustee— (I) reasonable costs and attorney fees; and (II) a fee equal to 3 times the amount sought to be collected by the person found to be in violation of subsection (a); and (B) the court may award punitive damages, as appropriate. (5) (A) If the court awards punitive damages under paragraph (4) in an action brought or joined by the trustee, the court may award between 10 percent and 25 percent of the punitive damages to the trustee who brought or joined the action. (B) Any punitive damages under this subsection shall be in addition to the compensation set out in section 326. (6) If the commencement or continuation of any action described in subsection (a) was taken by a person in the good faith belief that subsection (a) did not apply to the debt, and the action was withdrawn upon discovery that subsection (a) applied to the debt, the recovery shall be limited to actual damages, including damages for emotional distress, and reasonable costs and attorneys’ fees. (7) Nothing in this subsection shall be construed to prejudice the ability to bring a motion for contempt of court for a violation of subsection (a). (8) An agreement between a holder of a claim and the debtor, the consideration for which, in whole or in part, is based on a debt that is dischargeable in a case under this title is voidable by the debtor. (9) Any pre-dispute arbitration agreement or pre-dispute joint-action waiver regarding an action under paragraph (1) is voidable by the debtor. ; (4) in subsection (d)— (A) in the matter preceding paragraph (1), by striking 727, 1141, 1192, 1228, or 1328 and inserting 1031, 1141, 1192, or 1228 ; and (B) beginning in the matter preceding paragraph (1), by striking If a discharge has been granted and all that follows through the end of paragraph (2); (5) in subsection (f), by striking (c) or ; and (6) by striking subsections (k), (l), and (m) and inserting the following: (k) (1) Nothing in this section prejudices the ability to bring a motion for contempt of court for a violation of subsection (a) or any cause of action under applicable nonbankruptcy law. (2) Any pre-dispute arbitration agreement or pre-dispute joint-action waiver purporting to apply to such an action is void. (l) Upon an entity’s request, and after notice and a hearing, the court shall issue an order declaring whether an action proposed to be taken by the entity would be a violation of the discharge injunction under subsection (a). (m) The debtor’s failure to assert, raise, or plead the discharge shall not be construed to be a waiver against asserting the discharge. . (ii) Protection against discriminatory treatment Section 525 of title 11, United States Code, is amended— (1) in subsection (a), by striking solely ; (2) in subsection (b), in the matter preceding paragraph (1); (A) by inserting deny employment to, following may ; and (B) by striking solely ; and (3) by adding at the end the following: (d) (1) A person aggrieved by a violation of this section may enforce this section in the bankruptcy case or by bringing a civil action in an appropriate district court of the United States. (2) To remedy a violation of this section, a court may— (A) award damages including back pay; (B) grant injunctive or other equitable relief; and (C) award of costs, including attorneys’ fees, to an aggrieved party who prevails. . (jj) Restrictions on debt relief agencies (1) In general Section 526 of title 11, United States Code, is repealed. (2) Conforming amendment The table of sections for chapter 5 of title 11, United States Code, is amended by striking the item relating to section 526. (kk) Disclosures (1) In general Section 527 of title 11, United States Code, is repealed. (2) Conforming amendment The table of sections for chapter 5 of title 11, United States Code, is amended by striking the item relating to section 527. (ll) Requirements for debt relief agencies (1) In general Section 528 of title 11, United States Code, is repealed. (2) Conforming amendment The table of sections for chapter 5 of title 11, United States Code, is amended by striking the item relating to section 528. (mm) Property of the estate Section 541 of title 11, United States Code, is amended— (1) in subsection (b)(7)— (A) by striking except that such amount under this subparagraph shall not constitute disposable income as defined in section 1325(b)(2); or each place it appears; (B) in subparagraph (A)(i)(III), by adding or at the end; and (C) in subparagraph (B)(i)(III), by adding or at the end; (2) in subsection (c)(2), by striking the period at the end and inserting , except to the extent necessary to satisfy claims entitled to priority under section 507(a)(1). ; and (3) by adding at the end the following: (g) Notwithstanding any contrary provision of nonbankruptcy law, a pre-dispute arbitration agreement or pre-dispute joint-action waiver entered into by the debtor shall not be enforceable against the bankruptcy estate or the debtor for matters arising in, arising under, or related to a case under this title. . (nn) Turnover of property to estate (1) In general Section 542 of title 11, United States Code, is amended— (A) in subsection (a)— (i) by striking subsection (c) or (d) and inserting subsection (d), (e), or (f) ; and (ii) by striking shall deliver to the trustee and inserting shall, without any condition or further action by the trustee, the debtor, or the court, deliver promptly to the trustee ; (B) in subsection (b), by striking subsection (c) or (d) and inserting subsection (d), (e), or (f) ; (C) by redesignating subsections (c), (d), and (e) as subsections (e), (f), and (g), respectively; and (D) by adding before subsection (e), as so redesignated, the following: (c) An entity in possession of property that the trustee may use, sell, or lease under section 363 of this title, or that the debtor may exempt under section 522 of this title, shall have, upon delivery of such property to the trustee, the same rights in the property as if the entity remained in possession. (d) An entity that holds property that the trustee may use, sell, or lease under section 363 of this title, or that the debtor may exempt under section 522 of this title, and that is subject to a potential loss of value due to accident, casualty, or theft shall not be required to deliver such property to the trustee unless the party entitled to possession provides proof of insurance or other security sufficient to protect the creditor against such loss of value. . (2) Conforming amendment Section 549(a)(2)(A) of title 11, United States Code, is amended by striking 542(c) and inserting 542(e) . (oo) Limitations on avoiding powers Section 546(a)(1)(B) of title 11, United States Code, is amended by striking 1104, 1163, 1202, or 1302 and inserting 1001, 1104, 1163, or 1202 . (pp) Fraudulent transfers and obligations Section 548 of title 11, United States Code, is amended— (1) in subsection (a)(1), in the matter preceding subparagraph (A), by striking 2 years and inserting 4 years ; (2) in subsection (b)(1), by striking 2 years and inserting 4 years ; and (3) in subsection (e)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking In addition and inserting Subject to paragraphs (3) and (4), in addition ; (ii) in subparagraph (B), by adding and at the end; (iii) in subparagraph (C), by striking ; and and inserting a period; and (iv) by striking subparagraph (D); and (B) by adding at the end the following: (3) The trustee may not avoid under paragraph (1) a transfer of property that is exempt from the estate pursuant to paragraph (2)(A)(ii)(II)(kk) or (3)(A)(iii) of section 522(b). (4) (A) The trustee may not avoid under paragraph (1) a transfer that was not made with actual intent to hinder, delay, or defraud. (B) The defendant in any action under this subsection has the burden of proof in pleading and proving that the transfer was not made with actual intent to hinder, delay, or defraud creditors. . (qq) Liability of transferee of avoided transfer Section 550 of title 11, United States Code, is amended by adding at the end the following: (g) The trustee may recover from a transferee the costs of bringing a successful avoidance action, including reasonable attorney fees, for the avoidance of a transfer under section 544(b) under— (1) an applicable nonbankruptcy law that prohibits a transfer made with actual intent to hinder, delay, or defraud a creditor; (2) section 548(a)(1); or (3) section 548(e). . (rr) Expedited determination of interests in, and abandonment or other disposition of grain assets Section 557(d)(3) of title 11, United States Code, is amended by striking 1104, 1183, 1202, and 1302 and inserting 1001, 1104, 1183, and 1202 . (ss) Duties of trustee Section 704 of title 11, United States Code, is amended— (1) in subsection (a)— (A) by striking (a) ; (B) by striking paragraphs (3) and (10); and (C) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (11), and (12) as paragraphs (3), (4), (5), (6), (7), (8), (9), and (10), respectively; (2) by striking subsection (b); and (3) by striking subsection (c). (tt) Conversion Section 706 of title 11, United States Code, is amended— (1) in subsection (a)— (A) by striking 11, 12, or 13 and inserting 11 or 12 ; and (B) by striking 1112, 1208, or 1307 and inserting 1112 or 1208 ; and (2) in subsection (c), by striking 12 or 13 and inserting 12 . (uu) Dismissal of a case or conversion to a case under chapter 11 or 13 (1) In general Section 707 of title 11, United States Code, is amended— (A) in the section heading, by striking or conversion to a case under chapter 11 or 13 ; (B) in subsection (a), by striking (a) The and inserting The ; (C) by striking subsection (b); and (D) by striking subsection (c). (2) Conforming amendment The table of sections for chapter 7 of title 11, United States Code, is amended by striking the item relating to section 707 and inserting the following: 707. Dismissal of a case. . (vv) Redemption (1) In general Section 722 of title 11, United States Code, is repealed. (2) Conforming amendment The table of sections for chapter 7 of title 11, United States Code, is amended by striking the item relating to section 722. (ww) Distribution of property of the estate Section 726(b) of title 11, United States Code, is amended by striking 1112, 1208, or 1307 and inserting 1005, 1053(c), 1112, or 1208 . (xx) Discharge (1) In general Section 727 of title 11, United States Code, is repealed. (2) Conforming amendment The table of sections for chapter 7 of title 11, United States Code, is amended by striking the item relating to section 727. (yy) Duties of trustee and examiner Section 1106 of title 11, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking paragraphs (2), (5), (7), (8), (9), (10), (11), and (12) of section 704(a) and inserting paragraphs (2), (4), (6), (7), (8), (9), and (10) of section 704 ; and (B) in paragraph (5), by striking 12, or 13 and inserting 7, 10, or 12 ; and (2) in subsection (c)(1)(C), by striking clause (iv) and inserting the following: (iv) the name of each creditor that holds a claim that is not discharged under paragraph (2) or (4) of section 523(a) of this title. . (zz) Conversion or dismissal Section 1112 of title 11, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by striking or ; (B) in paragraph (3), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (4) the debtor is an individual. ; (2) in subsection (b)(1), by inserting in a case in which the debtor is not an individual, after subsection (c), ; (3) in subsection (d), by striking 12 or 13 and insert 10 or 12 ; (4) by redesignating subsection (f) as subsection (g); and (5) by inserting after subsection (e), the following: (f) The debtor may convert a case under this chapter to a case under chapter 10 of this title at any time. Any waiver of the right to convert under this subsection is unenforceable. . (aaa) Property of the estate Section 1115(a) of title 11, United States Code, is amended by striking 7, 12, or 13 each place it appears and inserting 10 or 12 . (bbb) Contents of plan Section 1123(a)(8) of title 11, United States Code, is amended by striking for the execution of the plan. and inserting for the debtor to meet the minimum payment obligation of the debtor. . (ccc) Confirmation of plan Section 1129(a)(15)(B) of title 11, United States Code, is amended by striking the projected disposable income and all that follows through whichever is longer and inserting the minimum payment obligation of the debtor under a repayment plan under section 1021(a)(1) if the case were a case under chapter 10 . (ddd) Effect of confirmation Section 1141(d) of title 11, United States Code, is amended— (1) in paragraph (3)(C)— (A) by striking section 727(a) and inserting section 1031 ; and (B) by striking chapter 7 and inserting chapter 10 ; and (2) in paragraph (5)— (A) in subparagraph (A), by adding and at the end; (B) in subparagraph (B), by striking ; and at the end and inserting a period; and (C) by striking subparagraph (C). (eee) Trustee Section 1183(b) of title 11, United States Code, is amended— (1) in paragraph (1), by striking paragraphs (2), (5), (6), (7), and (9) of section 704(a) and inserting paragraphs (2), (4), (5), (6), and (8) of section 704 ; (2) in paragraph (5)(A), by striking 704(a)(8) and inserting 704(7) ; and (3) in paragraph (6), by striking 704(c) and inserting 1001(b)(5) . (fff) Property of the estate Section 1186(a) of title 11, United States Code, is amended by striking 7, 12, or 13 each place it appears and inserting 7, 10, or 12 . (ggg) Trustee Section 1202 of title 11 United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by striking sections 704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9) and inserting paragraphs (2), (3), (4), (5), (6), and (8) of section 704 ; and (B) in paragraph (5), by striking 704(a)(8) and inserting 704(7) ; and (2) in subsection (c)(1)(C), by striking clause (iv) and inserting the following: (iv) the name of each creditor that holds a claim that is not discharged under paragraph (2) or (4) of section 523(a) of this title. . (hhh) Conversion or dismissal Section 1208 of title 11, United States Code, is amended— (1) in subsection (a) by striking 7 of and inserting 7 or 10 of ; and (2) in subsection (b) by striking or 1112 and inserting , 1005, 1053(c), or 1112 . (iii) Discharge Section 1228 of title 11, United States Code, is amended by striking subsection (f). 105. Data collection Section 159 of title 28, United States Code, is amended by striking subsections (a), (b), and (c) and inserting the following: (a) (1) When a case is filed under chapter 10 of title 11, each debtor in the case may file with the court the following information about the debtor: (A) Marital status. (B) Age. (C) Sex. (D) Race. (E) Ethnicity. (2) The Attorney General, in consultation with the Consumer Bankruptcy Ombuds of the Bureau of Consumer Financial Protection and the Director of the Administrative Office of the United States Courts (referred to in this section as the Director ), shall prescribe a standard form for the collection of the information described in paragraph (1). (3) Any information collected, stored, received, or published under paragraph (1) shall— (A) be so collected, stored, received, or published in a manner that protects the privacy of individuals whose information is included in such data; (B) be de-identified or anonymized in a manner that protects the identity of all individuals whose information is included in such data; and (C) be limited in use for the purpose of identifying and addressing disparities in the bankruptcy system and be protected from all other internal use by any entity that collects, stores, or receives the information and from any other inappropriate uses. (4) Any information collected under paragraph (1)— (A) shall not be part of the public record of the bankruptcy case; and (B) shall be maintained in a nonpublic record by the court to fulfill its duties under subsection (b). (b) The clerk of the district court, or the clerk of the bankruptcy court if one is certified pursuant to section 156(b), shall collect information regarding individual debtors seeking relief under chapter 10 of title 11. The information shall be in a standardized format prescribed by the Director so that the Director can fulfill the duties in subsection (c). (c) (1) In this subsection, the term qualified researcher means a person who has undertaken to protect the confidentiality and privacy of the information in the database in a protocol that has been reviewed and approved by an institutional review board that is established— (A) to protect the rights and welfare of human subjects participating in scientific research; and (B) in accordance with the requirements established under part 46 of title 45, Code of Federal Regulations, or any successor thereto. (2) The Director shall— (A) compile statistical tables from the information referred to in subsections (a) and (b) and make the tables available to the public; (B) not later than July 1, 2022, and annually thereafter, prepare, and submit to Congress a report concerning the information collected under subsections (a) and (b) that contains an analysis of the information; and (C) not later than December 31 of the year following the calendar year in which the information is collected, make available to— (i) qualified researchers an electronic database containing the information collected under subsections (a) and (b) or used to create the compilation required by this subsection; and (ii) the public an electronic database containing the information collected under subsection (b) or used to create the compilation required by this subsection. (d) The compilation required under subsection (c) shall— (1) be presented in the aggregate and for each judicial district and division; and (2) include information concerning— (A) the total assets and total liabilities of the debtors and in each category of assets and liabilities, as reported in the schedules prescribed pursuant to section 2075 and filed by debtors; (B) the current monthly income of debtors as reported on the schedules and statements that each debtor files under section 521 of title 11; (C) the total compensation the debtors promised to pay to an attorney, the amount of the compensation paid to an attorney before filing, and the total number of cases in which a wage garnishment order or electronic funds transfer order was entered to pay an attorney; (D) the total number of dependents of the debtors and the total number of dependents of the debtors under the age of 18; (E) whether the debtors had an ownership interest in real estate that served as the debtors’ principal residence; (F) whether the debtors had an ownership interest in real estate other than that served as the debtors’ principal residence; (G) the minimum payment obligation of the debtors as determined under section 101(54) of title 11; (H) whether the debtors filed a repayment plan, a residence plan, or a property plan; and (I) the average period of time between the date of the filing of the petition and the closing of the case for cases closed during the reporting period. (e) The Director may add other information to the compilations and databases required by this section that improve the understanding of the causes of bankruptcy and the functioning of the bankruptcy system. . 106. Electronic signatures (a) Electronic signature defined In this section, the term electronic signature has the meaning given the term in section 106 of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7006 ). (b) Electronic signatures allowed A signature required for a filing in a case under title 11, United States Code, may not be denied legal effect, validity, or enforceability solely because it is an electronic signature. (c) Original electronic signatures allowed In a case under title 11, United States Code, an original signature may be an electronic signature. 107. Judicial education The Director of the Federal Judicial Center, in consultation with the Director of the Executive Office for United States Trustees, shall develop materials and conduct training that may be useful to courts in implementing this Act and the amendments made by this Act. 108. Conforming amendments to other laws (a) Bankruptcy abuse and consumer protection act of 2005 (1) Audit procedures Section 603 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ( 28 U.S.C. 586 note) is amended by striking subsection (a). (2) Judicial education Section 1226 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ( 11 U.S.C. 101 note) is repealed. (3) Tax documents Section 1228(b) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ( 11 U.S.C. 521 note) is repealed. (b) Consolidated farm and rural development act Section 373(b)(2)(A)(ii) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008h(b)(2)(A)(ii) ) is amended by striking 11, 12, or 13 and inserting 10, 11, or 12 . (c) Consumer credit protection act Section 303(b)(1)(B) of the Consumer Credit Protection Act ( 15 U.S.C. 1673(b)(1)(B) ) is amended by striking any order of any court of bankruptcy under chapter XIII of the Bankruptcy Act and inserting any order of any court of the United States having jurisdiction over cases under title 11; and . (d) Higher education act of 1965 Section 437(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(b) ) is amended— (1) in paragraph (1), by striking chapter 12 or 13 and inserting chapter 10 or 12 ; and (2) in paragraphs (2) and (3), by striking chapter 7 or 11 and inserting chapter 10, 11, or 12 . (e) Housing and community development amendments of 1978 Section 201(l)(2)(C) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1715z–1a(l)(2)(C)) is amended by striking 727, 1141, or 1328(b) and inserting 1031, 1141, or 1192 . (f) Internal revenue code of 1986 The Internal Revenue Code of 1986 is amended— (1) in section 1398— (A) in subsection (a), by striking chapter 7 (relating to liquidation) or chapter 11 (relating to reorganizations) and inserting chapter 10, chapter 11, or chapter 12 ; (B) in subsection (b)(1), by striking chapter 7 or 11 and inserting 7 or 10 ; and (C) in subsection (e)(1)— (i) by striking the second sentence; (ii) by striking The gross income and inserting the following: (A) Gross income Subject to subparagraph (B), the gross income ; and (iii) by adding at the end the following: (B) Limitation Subparagraph (A) shall not apply to any amount received or accrued by the debtor before the commencement date. (C) Income after commencement date In a proceeding under chapter 10 of title 11, United States Code, and for purposes of subparagraph (A), the estate shall have no interest in any income earned by the debtor after the commencement date, including income used to satisfy the minimum payment obligation (as defined in section 101 of title 11, United States Code). (D) Commencement date defined In this subsection, the term commencement date has the meaning given the term in subsection (d)(3). ; (2) in section 6327— (A) by striking paragraph (4); and (B) by redesignating paragraph (5) and (6) as paragraphs (4) and (5), respectively; and (3) in section 7437— (A) by striking paragraph (4); and (B) by redesignating paragraphs (5), (6), (7), (8), and (9) as paragraphs (4), (5), (6), (7), and (8), respectively. (g) Title 28 Title 28, United States Code, is amended— (1) in section 157(b)(2)— (A) in subparagraph (B), by striking chapter 11, 12, or 13 and inserting chapter 10, 11, or 12 ; (B) in subparagraph (O), by striking and ; (C) in subparagraph (P), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (Q) proceedings to enforce rights under sections 524 or 525 of title 11. ; (2) in section 589b— (A) in subsection (a)(1), by striking chapters 7, 12, and 13 and inserting chapters 7, 10, and 12 ; and (B) in subsection (d)— (i) in the matter preceding paragraph (1), by striking chapters 7, 12, and 13 and inserting chapters 7, 10, and 12 ; (ii) in paragraph (5), by striking , including for use under section 707(b), actual costs of administering cases under chapter 13 or chapter 11 ; and (iii) in the matter following paragraph (8), by striking chapters 12 and 13 and inserting chapters 10 and 12 ; and (3) in section 3014(a)(1), by striking section 522(d) and inserting section 522(b) . (h) Title 38 Section 3732(a)(2)(B) of title 38, United States Code, is amended by striking 1322(b) and inserting 1022(b) . II Consumer financial protection amendments 201. Amendments to the Consumer Financial Protection Act of 2010 (a) Consumer bankruptcy ombuds The Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. ) is amended by inserting after section 1035 ( 12 U.S.C. 5535 ) the following: 1035A. Consumer bankruptcy ombuds (a) Establishment The Director, in consultation with the Attorney General, shall designate a Consumer Bankruptcy Ombuds (in this section referred to as the Ombuds ) within the Bureau, to provide timely assistance to individual debtors in bankruptcy. (b) Public information The Director and the Attorney General and the bankruptcy clerks appointed under section 156(b) of title 11, United States Code, shall disseminate information about the availability and functions of the Ombuds to individual debtors in bankruptcy and consumer bankruptcy attorneys and consumer credit counseling agencies. (c) Functions of ombuds The Ombuds designated under this subsection shall— (1) in accordance with regulations of the Director, receive, review, and attempt to resolve informally complaints from individual debtors in bankruptcy, including, as appropriate, attempts to resolve such complaints in collaboration with creditors, the United States Trustee Program of the Department of Justice, trustees in bankruptcy, the bankruptcy clerks appointed under section 156(b) of title 11, United States Code, and consumer privacy ombudsmen and future claims representatives appointed in bankruptcy; (2) not later than 90 days after the date of enactment of this section, establish a memorandum of understanding with the Executive Office of the United States Trustee Program, to ensure coordination in providing assistance to and serving individual debtors in bankruptcy seeking to resolve complaints related to their bankruptcy cases; (3) compile and analyze data on consumer bankruptcy filings, including on the causes of individual bankruptcy filings, the relationship between consumer bankruptcy filings and consumer financial products and services, and any disparities in the bankruptcy system, including any disparities based on the demographic categories described in section 159(a)(1) of title 28, United States Code; (4) compile and analyze data on complaints from individual debtors in bankruptcy; (5) make recommendations to the Director and the Attorney General regarding the filing of amicus curiae briefs and making appearances in individual bankruptcy cases, particularly in the cases involving repeat patterns of creditor behavior; (6) consult with the Director of the Administrative Office of the United States Courts regarding the duties of that officer under section 159 of title 28, United States Code, regarding data collection and reporting; and (7) make other appropriate recommendations to the Director, the Attorney General, the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate and the Committee on Financial Services and the Committee on Judiciary of the House of Representatives. (d) Annual reports (1) In general The Ombuds shall prepare an annual report that describes the activities, and evaluates the effectiveness of the Ombuds during the preceding year. (2) Submission The report required by paragraph (1) shall be submitted on the same date annually to the Attorney General, the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate and the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives. . (b) Supervision of higher cost lenders Section 1024(a)(1)(E) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5514(a)(1)(E) ) is amended by striking a payday loan and inserting a loan with an annual percentage rate of greater than 36 percent, as determined under section 987(i)(4) of title 10, United States Code . (c) Violations of discharge injunction Section 1036(a) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5536(a) ), is amended— (1) in paragraph (2)(C), by striking or at the end; (2) in paragraph (3), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (4) to violate section 524(a) of title 11, United States Code, in a case involving an individual debtor. . (d) Authority To exercise supervision and enforcement authority regarding bankruptcy law (1) Definitions Section 1002(12) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481(12) ) is amended— (A) in subparagraph (Q), by striking and and the end; (B) in subparagraph (R), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (S) title 11, United States Code, with respect to individual debtors. . (2) Exception from rulemaking Section 1022 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512 ) is amended by inserting , except title 11, United States Code, after Federal consumer financial laws each place the term appears. (e) Average prime offer rate for motor vehicle financings (1) In general Not later than 1 year after the date of enactment of this Act, and not less frequently than monthly thereafter, the Bureau of Consumer Financial Protection shall publish on the website of the Bureau the following information with respect to motor vehicle financing: (A) The current (as of the date of publication) average prime offer rate for that type of financing, including the provision of that financing through retail installment sales contracts. (B) The most common duration of that type of financing. (C) Rate structures for financings for the purchase of new and used light motor vehicles that are used primarily for personal, family, or household use. (2) Data collection In carrying out paragraph (1), the Bureau of Consumer Financial Protection may engage in the collection of information without regard to chapter 35 of title 44, United States Code. 202. Amendments to the Truth in Lending Act Section 130 of the Truth in Lending Act ( 15 U.S.C. 1640 ) is amended— (1) in subsection (a)(2)— (A) in subparagraph (A)— (i) by striking $200 and inserting $1,600 ; (ii) by striking $2,000 and inserting $16,000 ; (iii) by striking $500 and inserting $4,000 ; (iv) by striking $5,000 and inserting $40,000 ; (v) by striking $400 and inserting $3,200 ; and (vi) by striking $4,000 and inserting $32,000 ; and (B) in subparagraph (B), by striking lesser of $1,000,000 or 1 and inserting greater of $8,000,000 or 5 ; and (2) by adding at the end the following: (m) Adjustments On April 1, 2022, and each April 1 thereafter, each dollar amount in effect under subsections (a) and (b) on the day before such April 1 shall be adjusted— (1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent period ending immediately before January 1 preceding such April 1; and (2) to round to the nearest $25 the dollar amount that represents the change described in paragraph (1). . 203. Amendments to the Fair Credit Reporting Act The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended— (1) in section 605(a) ( 15 U.S.C. 1681c(a) ), by striking paragraph (1) and inserting the following: (1) Cases under title 11, United States Code, that, from the date of entry of the order for relief, antedate the report by more than 7 years. ; and (2) in section 616 ( 15 U.S.C. 1681n )— (A) in subsection (a)(1)— (i) in subparagraph (A)— (I) by striking $100 and inserting $700 ; and (II) by striking $1,000 and inserting $7,000 ; and (ii) in subparagraph (B), by striking $1,000 and inserting $7,000 ; (B) in subsection (b), by striking $1,000 and inserting $7,000 ; and (C) by adding at the end the following: (e) Adjustment On April 1, 2022, and each April 1 thereafter, each dollar amount in effect under subsections (a) and (b) on the day before such April 1 shall be adjusted— (1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent period ending immediately before January 1 preceding such April 1; and (2) to round to the nearest $25 the dollar amount that represents the change described in paragraph (1). . 204. Amendments to the equal credit opportunity act The Equal Credit Opportunity Act ( 15 U.S.C. 1691 et seq. ) is amended— (1) in section 701(a)(1) ( 15 U.S.C. 1691(a)(1) ), by inserting sexual orientation, gender identity, familial status, after status, ; and (2) in section 706 ( 15 U.S.C. 1691e )— (A) in subsection (b), by striking— (i) $10,000 and inserting $60,000 ; and (ii) 500,000 or 1 and inserting $5,000,000 or 5 ; and (B) by adding at the end the following: (l) Adjustment On April 1, 2022, and each April 1 thereafter, each dollar amount in effect under subsection (b) on the day before such April 1 shall be adjusted— (1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent period ending immediately before January 1 preceding such April 1; and (2) to round to the nearest $25 the dollar amount that represents the change described in paragraph (1). . 205. Amendments to the Fair Debt Collection Practices Act The Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ) is amended— (1) in section 803(6) ( 15 U.S.C. 1692a(6) ), in the third sentence, by inserting against personal property before the period at the end; (2) in section 808 ( 15 U.S.C. 1692f ), by adding at the end the following: (9) Filing a lawsuit or a claim in a bankruptcy case that is based on a debt without an actual, reasonable, good-faith belief that the applicable statute of limitations for enforcement of that debt has not expired at the time of filing. (10) Any act to knowingly collect or attempt to collect a debt that has been discharged in bankruptcy except acceptance of a purely voluntary payment of the debtor without encouragement or coercion by the debt collector. ; and (3) in section 813 ( 15 U.S.C. 1692k )— (A) in subsection (a)(2)— (i) in subparagraph (A), by striking $1,000 and inserting $5,000 ; and (ii) in subparagraph (B), by striking lesser of $500,000 or 1 and inserting greater of $5,000,000 or 5 ; and (B) by adding at the end the following: (f) On April 1, 2022, and each April 1 thereafter, each dollar amount in effect under paragraph (a)(2) on the day before such April 1 shall be adjusted— (1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent period ending immediately before January 1 preceding such April 1; and (2) to round to the nearest $25 the dollar amount that represents the change described in paragraph (1). . 206. Amendments to the Electronic Fund Transfers Act Section 916 of the Electronic Fund Transfers Act ( 15 U.S.C. 1693m ) is amended— (1) in subsection (a)(2)— (A) in subparagraph (A)— (i) by striking $100 and inserting $500 ; and (ii) by striking $1,000 and inserting $5,000 ; and (B) in subparagraph (B), by striking lesser of $500,000 or 1 and inserting greater of $5,000,000 or 5 ; and (2) by adding at the end the following: (h) On April 1, 2022, and each April 1 thereafter, each dollar amount in effect under paragraph (a)(2) on the day before such April 1 shall be adjusted— (1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent period ending immediately before January 1 preceding such April 1, and (2) to round to the nearest $25 the dollar amount that represents the change described in paragraph (1). . III Bankruptcy rules 301. Rules Enabling Act amendments (a) In general Notwithstanding the third undesignated paragraph of section 2075 of title 28, United States Code, the Supreme Court of the United States may prescribe by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure in cases under title 11, United States Code, as may be necessary to carry out this Act before the effective date of this Act. (b) Technical and conforming amendment Section 2075 of title 28, United States Code, is amended by striking the fourth undesignated paragraph. (c) Plain writing In drafting the form required by section 1031(d) of title 11, as added by this Act, the Judicial Conference of the United States should comply with the requirements of the Plain Writing Act of 2010 ( 5 U.S.C. 301 note). 302. Bankruptcy rules amendments Rule 7004 of the Federal Rules of Bankruptcy Procedure is amended by striking subdivision (h). 303. Sense of Congress It is the sense of Congress that the Judicial Conference of the United States should— (1) promulgate a simplified version of the schedule of current income and current expenditures required under section 521(a)(1)(B)(ii) of title 11, United States Code, for debtors who, by virtue of section 521(c) of title 11, United States Code, are not subject to the documentation requirements of that section or the statement of annual income required by section 521(a)(1)(B)(v) of title 11, United States Code; and (2) draft rules that provide that, with respect to a case in which the debtor is an individual, the rights under section 542 of title 11, United States Code, may be enforced by motion. IV Funding the bankruptcy system 401. Bankruptcy fees Section 1930 of title 28, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)(B), by striking chapter 13 of title 11, $235 and inserting chapter 10 of title 11, $250 ; and (B) in the undesignated matter following paragraph (7), by striking chapter 7, or 13 of title 11 and inserting chapter 7 or 10 of title 11 ; (2) in subsection (b), by striking the period at the end and inserting , which may not include any additional fees for the filing of a petition under chapter 10 of title 11. ; and (3) in subsection (f)— (A) by striking paragraph (1) and inserting the following: (1) (A) Under the procedures prescribed by the Judicial Conference of the United States, the district court or the bankruptcy court may waive all fees payable to the clerk of the court in a case under chapter 10 of title 11 for an individual if the court determines that such individual— (i) has an income that is less than 150 percent of the official poverty line (as defined in section 673 of the Omnibus Budget Reconciliation Act of 1981 ( 42 U.S.C. 9902 )) applicable to a family of the size of the family of the individual; and (ii) is unable to pay those fees in installments. (B) For the purpose of subparagraph (A)(ii), the court shall conclusively presume that the individual is unable to pay those fees in installments if the court determines that the individual has an income that is less than the official poverty line (as defined in section 673 of the Omnibus Budget Reconciliation Act of 1981 ( 42 U.S.C. 9902 )) applicable to a family of the size of the family of the individual. ; and (B) in paragraph (2), by striking subsections (b) and (c) and inserting subsections (c) and (d) . 402. Trustee compensation (a) Amendments Section 586 of title 28, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking chapter 7, 11 (including subchapter V of chapter 11), 12, 13, or 15 and inserting chapter 7, 10, 11 (including subchapter V of chapter 11), 12, or 15 ; and (ii) in subparagraph (C)— (I) by striking chapters 12 and 13 of title 11 and inserting chapters 10 and 12 of title 11 ; and (II) by striking sections 1224, 1229, 1324, and 1329 and inserting sections 1024, 1029, 1224, and 1229 ; (B) by striking paragraph (6); and (C) by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively; (2) by amending subsection (b) to read as follows: (b) If the number of cases under chapter 10 or 12 of title 11 or subchapter V of chapter 11 of title 11 commenced in a particular region so warrants, the United States trustee for such region may, subject to the approval of the Attorney General, appoint 1 or more individuals to serve as standing trustee, or designate 1 or more assistant United States trustees to serve in cases under such chapter. The United States trustee may also establish, maintain, and supervise a panel of private trustees that are eligible and available to serve as trustees in cases under chapter 10 of title 11. The United States trustee for such region shall supervise the performance of the duties of any such individual appointed under this subsection. ; (3) in subsection (d)(1), by striking under subchapter V of chapter 11 or chapter 12 or 13 of title 11 each place it appears and inserting chapter 10 or 12 of title 11 or subchapter V of chapter 11 of title 11 ; (4) in subsection (e)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking under subchapter V of chapter 11 or chapter 12 or 13 of title 11 and inserting chapter 12 of title 11 or subchapter V of chapter 11 ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking under subchapter V of chapter 11 or chapter 12 or 13 of title 11 and inserting chapter 12 of title 11 or subchapter V of chapter 11 of title 11 ; (ii) in subparagraph (A), by striking under subchapter V of chapter 11 or chapter 12 or 13 of title 11 and inserting chapter 12 of title 11 or subchapter V of chapter 11 of title 11 ; (iii) in subparagraph (B)(ii), by striking subparagraph (d)(1)(B) and inserting subparagraph (e)(1)(B) ; (C) by redesignating paragraphs (3), (4), and (5) as paragraphs (5), (6), and (7), respectively; and (D) by inserting after paragraph (2) the following: (3) The Attorney General, after consultation with a United States trustee that has appointed an individual under subsection (b) of this section to serve as standing trustee in cases under chapter 10 of title 11, shall fix— (A) a maximum annual compensation for such individual consisting of— (i) an amount not to exceed the 1.25 times the highest annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5; and (ii) the cash value of employment benefits comparable to the employment benefits provided by the United States to individuals who are employed by the United States at the same rate of basic pay to perform similar services during the same period of time; and (B) a percentage fee not to exceed 10 percent. (4) An individual serving as standing trustee in cases under chapter 10 of title 11 shall collect such percentage fee from all payments received by such individual (including the value of property tendered to such individual) under plans in such cases for which such individual serves as standing trustee. Such individual shall pay to the United States trustee, and the United States trustee shall deposit in the United States Trustee System Fund— (A) any amount by which the actual compensation of such individual exceeds 5 percent upon all payments received under repayment plans in such cases for which such individual serves as standing trustee; and (B) any amount by which the percentage fee for all such cases exceeds— (i) such individual’s actual compensation for such cases, as adjusted under subparagraph (A) of paragraph (3); plus (ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases. Subject to the approval of the Attorney General, any or all of the interest earned from the deposit of payments under repayment plans by such individual may be utilized to pay actual, necessary expenses without regard to the percentage limitation contained in paragraph (3)(B) of this subsection. ; and (5) by striking subsection (f). (b) Regulations Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations to implement a process for substituting a trustee under section 1001 of title 11, United States Code, when necessary. V Miscellaneous 501. Effective date The provisions of this Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act. 502. Transition A case commenced under title 11, United States Code, before the date that is 1 year after the date of enactment of this Act, and all matters and proceedings in or relating to any such case, shall be conducted and determined as if this Act had not been enacted, and the substantive rights of parties in connection with any such bankruptcy case, matter, or proceeding shall continue to be governed by the law applicable to such case, matter, or proceeding as if the Act had not been enacted. 503. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provisions to any person or circumstance shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s4980is/xml/BILLS-117s4980is.xml |
117-s-4981 | II 117th CONGRESS 2d Session S. 4981 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Grassley (for himself and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to require the Attorney General to submit an annual report to Congress on gang activity, reporting, investigation, and prosecution, and for other purposes.
1. Short title This Act may be cited as the Gang Activity Reporting Act of 2022 . 2. Findings Congress finds the following: (1) The United States is experiencing an unprecedented surge in violent crime, including an increase of more than 30 percent in the rate of murders since 2020. (2) The most recent Department of Justice data regarding gangs and criminal activity, published in the 2011 National Gang Threat Assessment, indicates gangs are responsible for an average of 48 percent of violent crime in the United States. (3) Up-to-date, accurate, and consistent reporting from the relevant Federal agencies relating to gang activity in the United States is a foundational element in enabling policymakers to enact effective, evidence-based policy that protects the people of the United States from gang activity. 3. Gang reporting requirement (a) In general Chapter 31 of title 28, United States Code, is amended by adding at the end the following: 530E. Report on gang activity, reporting, investigation, and prosecution (a) Report (1) In general Not later than 150 days after the date of enactment of the Gang Activity Reporting Act of 2022 , and not later than the last day of each fiscal year beginning after the date of enactment, the Attorney General shall, in conjunction with the Secretary of Homeland Security and the Director of the Federal Bureau of Investigation, submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on gang activity, reporting, investigation, and prosecution. (2) Contents The report described in paragraph (1) shall include information relating to— (A) the growth of local, national, and transnational gangs during the 10-fiscal-year period preceding the date on which the report is submitted (referred to in this section as the submission date )— (i) with specific numerical data; and (ii) including changes and trends in gang membership, location, and activities and enterprises; (B) the tools, methods, or networks gangs are using to commit certain crimes, including— (i) the extent to which gangs cooperate; and (ii) an assessment of the kinds of crimes on which gangs cooperate; (C) whether and to what extent State-based reporting issues affect Federal data collection and accuracy; (D) the initiatives the Department of Justice, Department of Homeland Security, and Federal Bureau of Investigation undertook during the 5-fiscal-year period preceding the submission date to track gang growth and gang activity and to investigate and prosecute related unlawful activity, including— (i) the date on which each initiative was undertaken; and (ii) if applicable, the date on which each initiative was ended, with a detailed explanation as to why the initiative was ended; (E) the Federal resources allocated by each agency described in subparagraph (D) to investigating, prosecuting, and containing gangs as of the submission date; (F) gang enforcement statistics from the last fiscal year ending before the submission date, including the quantity, changes, and trends in— (i) gang-related arrests, including comparisons to gang-related arrests during the 5-fiscal-year period preceding the applicable fiscal year; (ii) the number of juveniles arrested as a result of gang-related activity; and (iii) the number of firearms seized by law enforcement agencies during gang enforcement operations, including the number of firearms seized from juveniles; (G) the data collection procedures utilized by each agency described in subparagraph (D); and (H) any changes to data collection procedures of an agency described in subparagraph (D) during the 18-month period preceding the submission date, including explanations as to why any procedures were changed. (b) Classification The report submitted under subsection (a), or a portion thereof, may be classified, as determined appropriate by the Attorney General, the Secretary of Homeland Security, and the Director of the Federal Bureau of Investigation. . (b) Technical amendment The table of sections for chapter 31 of title 28, United States Code, is amended by adding at the end the following: 530E. Report on gang activity, reporting, investigation, and prosecution. . | https://www.govinfo.gov/content/pkg/BILLS-117s4981is/xml/BILLS-117s4981is.xml |
117-s-4982 | II 117th CONGRESS 2d Session S. 4982 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Menendez (for himself, Mr. Moran , Mr. Durbin , Ms. Murkowski , Mr. Leahy , Mrs. Blackburn , Mrs. Shaheen , Mr. Tillis , Mr. Kaine , Ms. Duckworth , Mr. Merkley , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish the International Children with Disabilities Protection Program within the Department of State, and for other purposes.
1. Short title This Act may be cited as the International Children with Disabilities Protection Act of 2022 . 2. Findings Congress makes the following findings: (1) According to the United Nations Children's Fund (UNICEF), there are at least 240,000,000 children and youth with disabilities in the world, including approximately 53,000,000 children under age 5. (2) Families and children with disabilities together make up nearly 2,000,000,000 people, or 25 percent of the world's population. (3) Millions of children, particularly children with intellectual and other developmental disabilities, are placed in large or small residential institutions and most of those children are left to grow up without the love, support, and guidance of a family. The vast majority of children placed in residential institutions have at least one living parent or have extended family, many of whom would keep their children at home if they had the support and legal protections necessary to do so. (4) As described in the 2013 world report published by UNICEF, many parents who wish to keep their children with disabilities feel that they have no choice but to give up their child to a residential institution because of prejudice and stigma against disability, the lack of support and protection that families receive, and the fact that education and community services are often inaccessible or inappropriate for children with disabilities. (5) Extensive scientific research demonstrates that placing children in residential institutions may lead to psychological harm, increased developmental disabilities, stunted growth, rapid spread of infectious diseases, and high rates of mortality. (6) Leading child protection organizations have documented that children and adolescents raised without families in residential institutions face high risk of violence, trafficking for forced labor or the sex industry, forced abortion or sterilization, and criminal detention. (7) The danger of family breakup and institutionalization has grown enormously as a result of the COVID–19 pandemic. According to a study published in The Lancet, as of February 2022, a minimum of 6,900,000 children globally have lost a parent or co-residing caregiver to COVID–19 and are now at increased risk of placement in a residential institution. (8) The disability rights movement in the United States has been a world leader and an inspiration to the growth of a global disability rights movement. The United States has many models of practice that could be shared with countries around the world to support laws, policies, and services to promote the full inclusion of children with disabilities in families around the world. (9) The Advancing Protection and Care for Children in Adversity strategy of the United States Government (APCCA) and the Global Child Thrive Act of 2020 (subtitle I of title XII of division A of Public Law 116–283 ; 134 Stat. 3985) commit the United States Government to investing in the development, care, dignity, and safety of vulnerable children and their families around the world, including efforts to keep children with their families and reduce placement of children in residential institutions. 3. Sense of Congress It is the sense of Congress that— (1) stigma and discrimination against children with disabilities, particularly intellectual and other developmental disabilities, and lack of support for community inclusion have left people with disabilities and their families economically and socially marginalized; (2) organizations of persons with disabilities and family members of persons with disabilities are often too small to apply for or obtain funds from domestic or international sources or ineligible to receive funds from such sources; (3) as a result of the factors described in paragraphs (1) and (2), key stakeholders have often been left out of public policymaking on matters that affect children with disabilities; and (4) financial support, technical assistance, and active engagement of people with disabilities and their families is needed to ensure the development of effective policies that protect families and ensure the full inclusion in society of children with disabilities. 4. Definitions In this Act: (1) Department The term Department means the Department of State. (2) Family The term family includes married and unmarried parents, single parents, adoptive families, kinship care, extended family, and foster care. (3) Organization of persons with disabilities The term organization of persons with disabilities means a nongovernmental civil society organization with staff leadership and a board of directors the majority of which consists of— (A) people with disabilities; (B) individuals who were formerly placed in a residential institution; or (C) family members of children or youth with disabilities. (4) Residential institution The term residential institution — (A) means a facility where children live in a collective arrangement that is not family-based and that— (i) may be public or privately managed and staffed; (ii) may be small or large; and (iii) may or may not be designated for children with disabilities; and (B) includes an orphanage, a children’s institution, a group home, an infant home, a children’s village or cottage complex, a boarding school used primarily for care, and any other residential setting for children. 5. Statement of policy It is the policy of the United States to— (1) assist countries abroad in creating rights protection programs for people with disabilities and developing policies and social supports to ensure that children with disabilities can grow up as members of families and make the transition to independent living as adults; (2) promote the development of advocacy skills and leadership abilities of people with disabilities and family members of children and youth with disabilities so that such individuals can effectively participate in their local, regional, and national governments to promote policy reforms and programs to support full inclusion in families of children with disabilities; (3) promote the development of laws and policies that— (A) strengthen families and protect against the unnecessary institutionalization of children with disabilities; and (B) create opportunities for youth with disabilities to receive the resources and support needed to achieve their full potential; (4) promote participation by different groups of people with disabilities and their families in advocating for disability rights and reforms to legal frameworks; and (5) promote the sustainable action needed to bring about changes in law, policy, and programs to ensure full family inclusion of children with disabilities. 6. International Children with Disabilities Protection Program and capacity building (a) International Children with Disabilities Protection Program (1) Establishment of program There is established within the Bureau of Democracy, Human Rights, and Labor of the Department a grant and capacity-building program to be known as the International Children with Disabilities Protection Program (in this section referred to as the Program ). (2) Purpose The purpose of the Program is to assist organizations of persons with disabilities and family members of children with disabilities in communicating about and advocating for policies that ensure the family inclusion and transition to independent living of children with disabilities to advance the policy described in section 5. (3) Criteria The Secretary of State, in consultation with leading civil society groups with expertise in global disability rights, shall establish criteria for— (A) applications for grants awarded under paragraph (4); and (B) the selection of— (i) the countries or regions targeted under the Program; (ii) priority activities funded through grants awarded under paragraph (4); and (iii) capacity-building needs of recipients of grants awarded under paragraph (4). (4) Disability inclusion grants (A) In general The Secretary of State may award grants to eligible implementing partners to administer grant amounts directly or through subgrants. (B) Eligible implementing partners For purposes of this paragraph, an eligible implementing partner is a nongovernmental organization or other civil society organization that— (i) has the capacity to administer grant amounts— (I) directly; or (II) through subgrants that can be effectively used by emerging new organizations of persons with disabilities; and (ii) has expertise in disability rights. (C) Priority The Secretary of State shall prioritize awarding grants under this paragraph to eligible implementing partners with experience operating or administering subgrants in countries for which the Assistant Secretary of State for Democracy, Human Rights, and Labor, in consultation with the United States Government Special Adviser and Senior Coordinator for the Administrator of the United States Agency for International Development on Children in Adversity, has determined that there are significant populations of children living in residential institutions. (D) Subgrants An eligible implementing partner that receives a grant under this paragraph should seek to— (i) provide not less than 50 percent of the grant amount through subgrants to local organizations of persons with disabilities and other nongovernmental organizations working in country to advance the policy described in section 5; and (ii) provide, of any amount distributed pursuant to clause (i)— (I) 75 percent to organizations of persons with disabilities; and (II) 25 percent to other nongovernmental organizations. (b) Capacity-Building programs The Secretary of State is authorized to provide funds to nongovernmental organizations with expertise in capacity building and technical assistance to develop capacity-building programs to— (1) develop disability leaders, legislators, policymakers, and service providers to plan and implement programs to advance the policy described in section 5; (2) build the advocacy capacity and knowledge of successful models of rights enforcement, family support, and disability inclusion among disability, youth, and allied civil society advocates, attorneys, and professionals to advance the policy described in section 5; (3) create online programs to train policymakers, activists, and other individuals on successful models of reform, services, and rights protection to ensure that children with disabilities can live and grow up with families and become full participants in society, which— (A) are available globally; (B) offer low cost or no-cost training accessible to persons with disabilities, family members of such persons, and other individuals with potential to offer future leadership in the advancement of the goals of family inclusion and rights protection for children with disabilities; and (C) should be targeted to government policymakers, disability activists, and other potential allies and supporters among civil society groups; and (4) create study tours so activists and policymakers from abroad can observe and better understand the operation of successful models of family and community inclusion and rights advocacy, including exposing such activists and policymakers to models of good practice in the United States. (c) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section amounts as follows: (A) $2,000,000 for fiscal year 2024. (B) $10,000,000 for each of fiscal years 2025 through 2029. (2) Capacity-building and technical assistance programs Of the amounts authorized to be appropriated by paragraph (1), not less than $1,000,000 for fiscal year 2024 and not less than $3,000,000 for each of fiscal years 2025 through 2029 are authorized to be available for capacity-building and technical assistance programs to support disability rights leadership and to train and engage policymakers, professionals, and allies in civil society organizations in foreign countries. 7. Briefings and reports on implementation (a) Annual briefing required (1) In general Not less frequently than annually through fiscal year 2029, the Secretary of State shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate a briefing on— (A) the programs and activities carried out to advance the policy described in section 5; and (B) any broader work of the Department in advancing that policy. (2) Elements Each briefing required by paragraph (1) shall include, with respect to each program carried out under section 6— (A) the rationale for the country and program selection; (B) the goals and objectives of the program, and the kinds of participants in the activities and programs supported; (C) a description of the types of technical assistance and capacity building provided; and (D) an identification of any gaps in funding or support needed to ensure full participation of organizations of persons with disabilities or inclusion of children with disabilities in the program. (b) Reports required (1) In general Not less frequently than once every 3 years through fiscal year 2029, the Secretary of State shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate a report on the matters described in subsection (a)(1). (2) Elements Each report required by paragraph (1) shall include the elements described in subsection (a)(2). (3) Consultation In preparing each report required by paragraph (1), the Secretary of State shall consult with organizations of persons with disabilities. 8. Promoting international protection and advocacy for children with disabilities (a) Sense of Congress on programming and programs It is the sense of Congress that— (1) all programming of the Department and the United States Agency for International Development related to childcare reform, improvement of health care systems, primary and secondary education, disability rights, and human rights should seek to be consistent with the policy described in section 5; and (2) programs of the Department and the United States Agency for International Development related to children, health care, and education— (A) should— (i) engage organizations of persons with disabilities in policymaking and program implementation; and (ii) support full inclusion of children with disabilities in families; and (B) should aim to avoid support for residential institutions for children with disabilities except in situations of conflict or emergency in a manner that protects family connections as described in subsection (b). (b) Sense of Congress on conflict and emergencies It is the sense of Congress that— (1) programs of the Department and the United States Agency for International Development serving children in situations of conflict or emergency, among displaced or refugee populations, or in natural disasters should seek to ensure that children with and without disabilities can maintain family ties; and (2) in situations of emergency, if children are separated from parents or have no family, every effort should be made to ensure that children are placed with extended family, in kinship care, or in a substitute family. | https://www.govinfo.gov/content/pkg/BILLS-117s4982is/xml/BILLS-117s4982is.xml |
117-s-4983 | II 117th CONGRESS 2d Session S. 4983 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Hickenlooper (for himself, Ms. Klobuchar , Mr. King , Mr. Bennet , Mr. Heinrich , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a program to encourage deployment of electric school buses and vehicle-to-grid technologies and applications, and for other purposes.
1. Short title This Act may be cited as the Bus Integration Dedicated to Improving Resilience, Eliminating Congestion, and Triggering Innovation Over Numerous Applications and Localities Act or the BIDIRECTIONAL Act . 2. Program to encourage deployment of electric school buses and vehicle-to-everything technologies and applications (a) Definitions In this section: (1) Electric school bus The term electric school bus means a school bus that is propelled— (A) to a significant extent, as determined by the Secretary, by an electric motor that— (i) draws electricity from a battery; and (ii) is capable of being recharged from an external source of electricity; and (B) by any necessary components or equipment required to facilitate electric-powered school bus operations. (2) Eligible entity The term eligible entity means— (A) any person (including any company or other entity) or State, local, or Tribal entity that sells electric energy, including— (i) an electric utility, including— (I) a local distribution company or utility; and (II) an electric cooperative; (ii) a municipality; and (iii) a retail marketer of electricity; (B) a State public utilities commission; (C) a third-party energy efficiency program administrator; (D) a school bus manufacturer; (E) a public or private school district; (F) a supplier of charging infrastructure; (G) a developer, provider, owner, or operator of solar, wind, or other renewable or distributed energy resources; (H) a third-party school bus fleet or charging operator; (I) any other entity, including a partnership, that the Secretary determines to be appropriate; and (J) any partnership or consortium of entities described in any of subparagraphs (A) through (I). (3) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (5) Program The term Program means the program established under subsection (b)(1). (6) Project partner The term project partner , with respect to a project for which a grant is sought or provided under the Program, means an eligible entity that is a member of a partnership or consortium described in paragraph (2)(J) with respect to that project. (7) Regional Transmission Organization The term Regional Transmission Organization has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (8) Secretary The term Secretary means the Secretary of Energy. (b) Program (1) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program to encourage the deployment of vehicle-to-grid and vehicle-to-everything technologies and applications, as described in paragraph (2), including, at a minimum, a vehicle capable of discharging at least 10 kilowatts of power to bidirectional electric vehicle supply equipment that provides alternating current power to an electrical circuit, by providing grants to eligible entities for projects that include the use of not fewer than 1 electric school bus with bidirectional energy flow capabilities for an application described in that paragraph. (2) Application described An application referred to in paragraph (1) is— (A) a vehicle-to-grid application, such as— (i) provision of a distribution-level service or participation in a distribution-level program; (ii) provision of wholesale market services, such as capacity, energy, and ancillary services; (iii) provision of microgrid services; or (iv) aggregations of vehicle-to-grid applications that provide distribution-level service, wholesale market services, or microgrid services; (B) a vehicle-to-building application; or (C) any other resilience or other application, as determined to be appropriate by the Secretary. (3) Priority and diversity of projects (A) Priority In providing grants under the Program, the Secretary shall give priority to projects that, in the determination of the Secretary, are likely to be economically self-sustaining and replicable once established. (B) Requirement The Secretary, to the maximum extent practicable in accordance with the priority required to be established under subparagraph (A), shall provide grants under the Program for projects across differing situations, including in a region that is experiencing congestion, shortages, transmission system constraints, or distribution system constraints that cause the cost of electricity to increase for consumers. (4) Applying for assistance (A) In general An eligible entity desiring a grant under the Program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, subject to this paragraph. (B) Requirements (i) In general An application submitted under subparagraph (A) shall demonstrate how the assistance requested under the Program would help the 1 or more eligible entities submitting the application to participate in economically justifiable opportunities that recognize bidirectional electric vehicle charging as a relevant technology, including existing electric utility or Regional Transmission Organization tariffs, programs, initiatives, policies, arrangements, or other opportunities that recognize bidirectional electric vehicle charging as a relevant technology. (ii) Interconnection rules An application submitted under subparagraph (A) shall include a certification that any project described in the application and proposed to be carried out using a grant provided under the Program will comply with all applicable interconnection rules. (5) Use of funds (A) In general Amounts provided to an eligible entity pursuant to a grant under the Program may be used for— (i) acquiring and installing bidirectional charging stations and interconnection upgrades necessary for bidirectional energy flow; (ii) retrofitting buildings, parking facilities, and school buses for bidirectional charging; (iii) acquiring and installing any necessary metering and telemetry equipment or systems; (iv) acquiring technical assistance from the Department of Energy, National Laboratories, or other parties with relevant expertise for any participating project partners; and (v) any application directly related to establishing, sustaining, and optimizing bidirectional energy flow, as the Secretary determines to be appropriate. (B) Requirement Amounts provided to an eligible entity pursuant to a grant under the Program shall be used in a manner that corresponds specifically to the incremental additional cost of implementing 1 or more applications described in paragraph (2) as compared to the costs associated with the acquisition, demonstration, or use of a typical electric school bus, as determined by the Secretary. (C) Community outreach (i) In general Subject to clause (ii), an eligible entity receiving a grant under the Program shall use not less than 1 percent of the amounts received for outreach that is directed at the communities and bus users receiving or benefitting from those amounts, for the purpose of increasing awareness of the benefits of grid-integrated school buses and how grid-integrated school buses will be used. (ii) Waiver The Secretary may waive the requirement described in clause (i) if the Secretary determines that the outreach described in that clause is unnecessary or would be of minimal benefit to the overall goal of sustained technological deployment. (6) Matching requirement An eligible entity receiving a grant under the Program shall ensure that amounts derived from non-Federal sources are provided for the projects funded by the grant in a total amount that is equal to, or greater than, the amount of the grant. (7) Outreach to potentially interested entities Of the total amount appropriated to carry out the Program, the Secretary shall use not less than 1 percent for outreach to potentially interested eligible entities, including eligible entities participating in, or with a demonstrated interest in, the clean school bus program established under section 741 of the Energy Policy Act of 2005 ( 42 U.S.C. 16091 ). (8) School district compensation An eligible entity receiving a grant under the Program shall demonstrate to the Secretary that any school district participating in the applicable project is appropriately compensated for that participation in a manner approved by the Secretary, which may include— (A) the provision of direct financial compensation to the school district; (B) the provision or acquisition of electric school buses for the school district; or (C) savings resulting from the implementation of an application described in paragraph (2). (9) Annual submission of data An eligible entity receiving a grant under the Program shall annually submit to the Secretary data from vehicles, chargers, and associated grid infrastructure necessary to determine operational and economic impacts, and additional data as determined to be necessary by the Secretary. (10) Compatibility with EPA Clean School Bus Program Notwithstanding any other provision of law, the Secretary may provide a grant under the Program for applicable projects, programs, or activities for which amounts are provided under the clean school bus program established under section 741 of the Energy Policy Act of 2005 ( 42 U.S.C. 16091 ), and to eligible entities receiving amounts under that program, subject to all applicable requirements of this section. (c) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report summarizing any existing pilot programs, including State-funded and locally funded pilot programs, involving the use of school buses for the applications described in subsection (b)(2), including— (1) any best practices, challenges, lessons learned, and promising future directions discernable from those pilot programs and applications; (2) any challenges, opportunities, and strategies unique to the implementation of those applications in rural areas; (3) any challenges to the commercial viability of those applications posed by State, Federal, or other regulatory barriers; and (4) (A) any challenges to the economic viability of projects involving those applications; and (B) any opportunities and strategies to make projects involving those applications economically viable. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026. 3. Consideration of measures to promote vehicle-to-grid integration (a) In general Section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) ) is amended by adding at the end the following: (22) Vehicle-to-grid integration (A) In general Each State shall consider— (i) measures to promote vehicle-to-grid integration, including— (I) the establishment of rates, tariffs, measures, and standards that enable electric vehicles and electric vehicle charging infrastructure— (aa) to receive interconnection service as described in subparagraph (B); and (bb) to export power from the vehicle battery to the distribution system or the bulk power system; (II) the establishment of rates, tariffs, measures, and standards that enable electric vehicle charging station site hosts, charging station owners, aggregators, owners of electric vehicle fleets or individual fleet vehicles, or drivers of private light-duty electric vehicles to receive compensation for electricity exported from the vehicle battery to the distribution system or the bulk power system; and (III) the establishment of rates, tariffs, measures, and standards that enable aggregation of electric vehicles for the purpose of participating in active load management programs, including customer demand-response programs and customer energy storage programs, and providing ancillary services that recognize the value that flexible electric vehicle charging can provide to the distribution system or the bulk power system; and (ii) the impacts of the rates, tariffs, measures, and standards described in subclauses (I) through (III) of clause (i), or similar rates, tariffs, measures, and standards, on all classes and types of vehicles, including, at a minimum, light-, medium-, and heavy-duty vehicles. (B) Interconnection service described The interconnection service referred to in subparagraph (A)(i)(I)(aa) is interconnection service that is offered based on— (i) the standards described in paragraph (15) (or successor standards); or (ii) as necessary and reasonable, standards that— (I) are defined in electric vehicle-to-grid communications interfaces, protocols, or standards; (II) are widely adopted; and (III) to ensure the reliability and safety of the electric system, are— (aa) consistent (or adjusted to be consistent) with the standards described in clause (i); and (bb) integrated, able to be integrated, or adjusted in a manner that facilitates integration with the standards described in that clause. . (b) Compliance (1) Time limitation Section 112(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(b) ) is amended by adding at the end the following: (9) (A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (22) of section 111(d). (B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (22) of section 111(d). . (2) Failure to comply Section 112(c) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(c) ) is amended by adding at the end the following: In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22). . (3) Prior State actions (A) In general Section 112 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622 ) is amended— (i) in subsection (d)— (I) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; and (II) in the matter preceding subparagraph (A) (as so redesignated), by striking Subsections and inserting the following: (1) In general Subsections ; (ii) in subsection (e)— (I) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; and (II) by striking the subsection designation and heading and all that follows through Subsections in the matter preceding subparagraph (A) (as so redesignated) and inserting the following: (2) Time-based metering and communications Subsections ; (iii) in subsection (f)— (I) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; and (II) by striking the subsection designation and heading and all that follows through Subsections in the matter preceding subparagraph (A) (as so redesignated) and inserting the following: (3) Interconnection Subsections ; (iv) in subsection (g)— (I) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; and (II) by striking the subsection designation and heading and all that follows through Subsections in the matter preceding subparagraph (A) (as so redesignated) and inserting the following: (4) Demand-response practices Subsections ; (v) in subsection (h)— (I) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; and (II) by striking the subsection designation and heading and all that follows through Subsections in the matter preceding subparagraph (A) (as so redesignated) and inserting the following: (5) Electric vehicle charging programs Subsections ; and (vi) in subsection (d) (as so amended) by adding at the end the following: (6) Vehicle-to-grid integration Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— (A) the State has implemented for the electric utility the standard (or a comparable standard); (B) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or (C) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility during the 3-year period ending on that date of enactment. . (B) Cross reference Section 124 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2634 ) is amended by adding at the end the following: In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22). . | https://www.govinfo.gov/content/pkg/BILLS-117s4983is/xml/BILLS-117s4983is.xml |
117-s-4984 | II 117th CONGRESS 2d Session S. 4984 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Cotton (for himself, Mr. Cornyn , and Mr. Hawley ) 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 prohibit the deceptive sale of fentanyl, and for other purposes.
1. Short title This Act may be cited as the Zero Tolerance for Deceptive Fentanyl Trafficking Act . 2. Prohibition of the deceptive sale of fentanyl Section 401 of the Controlled Substances Act ( 21 U.S.C. 841 ) is amended by adding at the end the following: (i) Deceptive sale of fentanyl and fentanyl-Related substances (1) Offense It shall be unlawful for any person to knowingly misrepresent or knowingly market as another substance a mixture or substance containing fentanyl, a fentanyl analogue, or a fentanyl-related substance (as defined in subsection (e)(2) of schedule I in section 202(c)). (2) Penalty (A) In general Except as provided in subparagraph (B), any person who violates paragraph (1) shall be imprisoned for not less than 20 years and fined under title 18, United States Code. (B) Enhanced penalties (i) Death results If a violation of paragraph (1) results in death or is committed with the intent to cause death, the person shall be sentenced to death or life imprisonment and fined under title 18, United States Code. (ii) Prior felony conviction or unlawful presence in the United States A person who violates paragraph (1) shall be sentenced to life imprisonment and fined under title 18, United States Code, if the violation occurs— (I) after any other prior felony conviction of the person has become final; or (II) while the person is unlawfully present in the United States. . 3. Fentanyl-related substances Schedule I in section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812 ) is amended— (1) in subsection (b), by adding at the end the following: (23) Isobutyryl fentanyl. (24) Para-Methoxybutyrylfentanyl. (25) Valeryl fentanyl. (26) Cyclopentyl fentanyl. (27) Para-Chloroisobutyryl fentanyl. ; and (2) by adding at the end the following: (e) (1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of a fentanyl-related substance, or which contains the salts, isomers, and salts of isomers of a fentanyl-related substance whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation. (2) For purposes of paragraph (1), the term fentanyl-related substance includes the following: (A) Any substance that is structurally related to fentanyl by one or more of the following modifications: (i) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle. (ii) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halo, haloalkyl, amino, or nitro groups. (iii) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxy, ester, ether, hydroxy, halo, haloalkyl, amino, or nitro groups. (iv) By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle. (v) By replacement of the N-propionyl group by another acyl group. (B) 4′-Methyl acetyl fentanyl. (C) Crotonyl fentanyl. (D) 2′-Fluoro ortho-fluorofentanyl. (E) Ortho-Methyl acetylfentanyl. (F) Thiofuranyl fentanyl. (G) Ortho-Fluorobutyryl fentanyl. (H) Ortho-Fluoroacryl fentanyl. (I) Beta-Methyl fentanyl. (J) Phenyl fentanyl. (K) Para-Methylfentanyl. (L) Beta′-Phenyl fentanyl. (M) Benzodioxole fentanyl. . | https://www.govinfo.gov/content/pkg/BILLS-117s4984is/xml/BILLS-117s4984is.xml |
117-s-4985 | II 117th CONGRESS 2d Session S. 4985 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mrs. Blackburn (for herself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Cybersecurity Information Sharing Act of 2015 to include voluntary information sharing of cyber threat indicators among cryptocurrency companies, and for other purposes.
1. Short title This Act may be cited as the Cryptocurrency Cybersecurity Information Sharing Act . 2. Sharing of cyber threat indicators by covered companies (a) In general The Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 et seq. ) is amended— (1) in section 102(15)(A) ( 6 U.S.C. 1501(15)(A) ) by inserting covered company (as defined in section 110), after cooperative, ; (2) by redesignating sections 110 and 111 ( 6 U.S.C. 1509 , 1510) as sections 111 and 112, respectively; and (3) by inserting after section 109 ( 6 U.S.C. 1508 ) the following: 110. Sharing of cyber threat indicators by covered companies (a) Definitions In this section: (1) Covered company (A) In general Subject to subparagraph (B), the term covered company means an entity— (i) that is— (I) engaged in the business of validating distributed ledger technology transactions; (II) engaged in the business of developing digital assets or the corresponding protocols for use of digital assets by other persons; (III) an association of entities that manage digital assets or distributed ledger technologies; or (IV) a commercial general liability insurance provider or property insurance provider offering products designed to mitigate losses from a variety of cyber incidents, including— (aa) data breaches; (bb) ransomware attacks; (cc) business interruption; and (dd) network damage; and (ii) that shares or receives information under this section. (B) Money services businesses and financial institutions For purposes of paragraphs (1), (2), and (3) of subsection (b), the term covered company includes an entity that is a money services business, or that otherwise is a financial institution, as defined in section 5312 of title 31, United States Code, for purposes of digital asset activity engaged in by the entity. (2) Digital asset The term digital asset means a natively electronic asset that— (A) confers economic, proprietary, or access rights or powers; and (B) is recorded using cryptographically secured distributed ledger technology, or any similar analogue. (3) Distributed ledger technology The term distributed ledger technology means technology that enables the operation and use of a ledger that— (A) is shared across a set of distributed nodes that participate in a network and store a complete or partial replica of the ledger; (B) is synchronized between the nodes; (C) has data appended to the ledger by following the specified consensus mechanism of the ledger; (D) may be accessible to anyone or restricted to a subset of participants; and (E) may require participants to have authorization to perform certain actions or require no authorization. (b) Voluntary information sharing among covered companies (1) In general Subject to paragraphs (2), (3), and (4), a covered company may, under the protection of the safe harbor from liability described in subsection (d), transmit, receive, or otherwise share information with any other covered company regarding individuals, entities, organizations, and countries for purposes of identifying and, as appropriate, reporting activities that the covered company suspects may involve possible cyber threat indicators. (2) Information sharing between covered companies (A) Notice requirement (i) In general A covered company that intends to share information as described in paragraph (1) shall submit a notice of intent to the Financial Crimes Enforcement Network and the Cybersecurity and Infrastructure Security Agency, which shall contain, at a minimum, a list of each other company the covered company intends to share information with. (ii) Effective period Each notice provided under clause (i) shall be effective for the 1-year period beginning on the date of the notice. (iii) Additional notices Upon expiration of the 1-year period described in subclause (ii), a covered company shall submit an additional notice of intent at the beginning of each year during which the covered company intends to share information as described in paragraph (1). (iv) List of covered companies that have submitted notice The Financial Crimes Enforcement Network shall periodically make available a list of covered companies that have submitted a notice under this subparagraph. (B) Verification requirement Prior to sharing information as described in paragraph (1), a covered company shall take reasonable steps to verify that the company with which the covered company intends to share information is listed in a notice required under subparagraph (A). (3) Protection and use of information by covered companies (A) Purpose Information received by a covered company under this section may not be used for any purpose other than— (i) identifying and, as appropriate, reporting on cyber threat indicators; or (ii) assisting the covered company in complying with any requirement of this title. (B) Procedures for protection of information Each covered company that engages in the sharing of information under this section shall maintain adequate procedures to protect the security and confidentiality of the information in accordance with the policies and guidelines established under subsection (c). (4) Reporting requirements for covered companies (A) Cybersecurity threat information A covered company that identifies cybersecurity threat information requiring immediate attention, such as suspected terrorist activity, shall, as soon as practicable but not later than 36 hours after identifying the information— (i) notify an appropriate law enforcement authority and the Cybersecurity and Infrastructure Security Agency Incident Reporting System; and (ii) comply with any other Federal requirements for reporting suspicious activity. (B) Suspicious activity (i) Voluntary reporting to federal agencies A covered company may voluntarily report suspicious activity to the Financial Crimes Enforcement Network and the Cybersecurity and Infrastructure Security Agency under this section. (ii) Rule of construction Nothing in this subparagraph shall be construed to— (I) modify the requirements for reporting suspicious activity if a covered company is subject to such regulations; or (II) create new suspicious activity reporting requirements for a covered company that is not currently subject to such a regulation. (C) Exemption from disclosure Information shared under this paragraph shall be exempt from disclosure under any provision of State, Tribal, or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring disclosure of information or records, in accordance with section 104(d)(4)(B). (c) Information sharing between covered companies and the Federal Government (1) Policies and procedures (A) In general Not later than 180 days after the date of enactment of the Cryptocurrency Cybersecurity Information Sharing Act, the Director of the Financial Crimes Enforcement Network and the Director of the Cybersecurity and Infrastructure Security Agency shall, in consultation with the National Cyber Director and the heads of the appropriate Federal entities, jointly develop and make publicly available policies and procedures relating to the receipt by the Federal Government of cyber threat indicators shared by covered companies. (B) Considerations In developing the policies and procedures required under subparagraph (A), the Director of the Financial Crimes Enforcement Network and the Director of the Cybersecurity and Infrastructure Security Agency shall take into account the requirements described in subsections (a)(3) and (b)(3) of section 105. (C) Compliance with similar procedures In the case of a covered company that is required to comply with section 501 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 ) and the Payment Card Industry Data Security Standard, and applicable regulations issued thereunder, the covered company shall be considered to be acting in compliance with the requirements developed under this subsection if the covered company applies the procedures required under such section 501 to information shared under this section. (2) Guidelines (A) In general Not later than 60 days after the date of enactment of the Cryptocurrency Cybersecurity Information Sharing Act, the Director of the Financial Crimes Enforcement Network and the Director of the Cybersecurity and Infrastructure Security Agency shall jointly develop and make publicly available guidance— (i) to assist covered companies and promote sharing of cyber threat indicators with Federal entities under this section; and (ii) relating to adequate procedures to protect the security and confidentiality of information shared under this section, as required under subsection (b)(3)(B). (B) Contents The guidelines required under subparagraph (A) shall include guidance relating to the following: (i) Identification of types of information that would qualify as a cyber threat indicator under this title and that would be unlikely to include information that— (I) is not directly related to a cybersecurity threat; and (II) is personal information of a specific individual or information that identifies a specific individual. (ii) Identification of types of information protected under otherwise applicable privacy laws that are unlikely to be directly related to a cybersecurity threat. (iii) Such other matters as the Director of the Financial Crimes Enforcement Network and the Director of the Cybersecurity and Infrastructure Security Agency consider appropriate for entities sharing cyber threat indicators with Federal entities under this title. (3) Compliance with the Paperwork Reduction Act In establishing requirements under this subsection, the Secretary shall ensure that the requirements comply with chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”). (d) Safe harbor from certain liability The liability protections in section 106 shall not apply to a covered company to the extent the company fails to comply with paragraphs (2), (3), and (4) of subsection (b). (e) Exemption from disclosure In accordance with paragraphs (3) and (8) of section 502(e) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6802 ), if a covered company voluntarily shares information pursuant to this section, the covered company shall not be required to provide any affected consumer the notice required under section 503 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6803 ). . (b) Conforming amendment The table of contents in section 1(b) of division N of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 129 Stat. 2935) is amended by striking the items relating to sections 110 and 111 and inserting the following: Sec. 110. Sharing of cyber threat indicators by covered companies. Sec. 111. Exception to limitation on authority of Secretary of Defense to disseminate certain information. Sec. 112. Effective period. . | https://www.govinfo.gov/content/pkg/BILLS-117s4985is/xml/BILLS-117s4985is.xml |
117-s-4986 | II 117th CONGRESS 2d Session S. 4986 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Marshall (for himself, Mr. Boozman , Mr. Crapo , Mr. Daines , Mr. Risch , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act, and for other purposes.
1. Short title This Act may be cited as the Stop Harassing Owners of Rifles Today Act or the SHORT Act . 2. Definition of firearm (a) In general Subsection (a) of section 5845 of the Internal Revenue Code of 1986 is amended— (1) by striking (1) a shotgun and all that follows through as defined in subsection (e); , and (2) by redesignating paragraphs (6) through (8) as paragraphs (1) through (3), respectively. (b) Shotguns not treated as destructive devices Section 5485(f) of the Internal Revenue Code of 1986 is amended by striking except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes and inserting except shotgun shells and any weapon that is designed to shoot shotgun shells . (c) Conforming amendment Section 5811(a) of the Internal Revenue Code of 1986 is amended by striking , except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred . (d) Effective date The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. 3. Elimination of disparate treatment of short-barreled rifles and short-barreled shotguns used for lawful purposes Section 922 of title 18, United States Code, is amended— (1) in subsection (a)(4)— (A) by inserting or after device, ; and (B) by striking short-barreled shotgun, or short-barreled rifle, ; and (2) in subsection (b)(4)— (A) by inserting or after device, ; and (B) by striking short-barreled shotgun, or short-barreled rifle, . 4. Treatment of short-barreled rifles, short-barreled shotguns, and other weapons determined by reference to National Firearms Act Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (f) Requirements for short-Barreled rifles, short-Barreled shotguns, and other weapons determined by reference In the case of any registration or licensing requirement under State or local law with respect to a short-barreled rifle, short-barreled shotgun, or any other weapon (as defined in section 5845(e)) which is determined by reference to the National Firearms Act, any person who acquires or possesses such rifle, shotgun, or other weapon in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any such registration or licensing requirement with respect to such rifle, shotgun, or other weapon. . 5. Preemption of certain State laws in relation to short-barreled rifles, short-barreled shotguns, and other weapons Section 927 of title 18, United States Code, is amended— (1) by striking No provision and inserting the following: (a) In general No provision ; and (2) by adding at the end the following: (b) Taxes on short-Barreled rifles, short-Barreled shotguns, and other weapons Notwithstanding subsection (a), a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle, short-barreled shotgun, or any other weapon (as that term is defined in section 5845 of the Internal Revenue Code of 1986) in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a rifle, shotgun, or other weapon, shall have no force or effect. . 6. Destruction of records (a) In general Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy— (1) any registration of an applicable weapon maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, (2) any application to transfer filed under section 5812 of such Code that identifies the transferee of an applicable weapon, and (3) any application to make filed under section 5822 of such Code that identifies the maker of an applicable weapon. (b) Applicable weapon For purposes of this section, the term applicable weapon means— (1) a rifle, or weapon made from a rifle, described in paragraph (3) or (4) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), (2) any shotgun— (A) described in paragraph (1) or (2) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), or (B) treated as destructive device under 5845(f) of such Code (as in effect on the day before the enactment of this Act) and not so treated under such section as in effect immediately after such date, and (3) any other weapon, as defined in section 5845(e) of such Code. | https://www.govinfo.gov/content/pkg/BILLS-117s4986is/xml/BILLS-117s4986is.xml |
117-s-4987 | II 117th CONGRESS 2d Session S. 4987 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Grassley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require certain nonprofit and not-for-profit social welfare organizations to submit disclosure reports on foreign funding to the Attorney General, and for other purposes.
1. Short title This Act may be cited as the Think Tank Transparency Act . 2. Findings Congress finds the following: (1) Think tanks have provided Congress and the executive branch with a wealth of research and scholarship that largely has benefitted the public in the United States by improving the drafting, enactment, and enforcement of policy in the United States. (2) There is broad bipartisan agreement that think tanks possess enormous influence on the passage and enforcement of policies, particularly those that relate to foreign policy. (3) In recent years, foreign funding of think tanks has increased substantially. (4) Congress, the executive branch, and especially the people of the United States have a right to— (A) know which think tanks receive foreign funds; and (B) assess for themselves the extent that foreign influence should be considered when analyzing the credibility and value of research and scholarship produced by such think tanks that receive foreign funds. (5) The United States House of Representatives has already recognized the national security issues inherent in undue foreign influence of entities with covert sources of foreign funding that testify before Congress. Since 2015, representatives of entities who testify before the United States House of Representatives have been required to disclose relevant foreign funding sources directed to them or their employers in Truth-in-Testimony disclosure forms required under clause 2(g)(5) of rule XI of the United States House of Representatives. (6) Almost 30 years ago, Congress enacted section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) (hereinafter referred to as section 117 ) in light of concerns about the growing financial relationship between universities in the United States and foreign sources. In enacting that legislation, Congress balanced academic freedom and national security by mandating financial transparency through required reporting of contracts with, and gifts from, any foreign source. (7) Section 117 does not prohibit institutions of higher education from taking foreign money, but rather mandates accurate and transparent disclosures of sources and amounts received by those institutions to the Department of Education. In 2019, the Department of Education took concrete steps to enforce section 117 by ensuring the integrity of reporting requirements, confirming the correct reporting and categorization of donations, and prohibiting the use of domestic conduits and intermediaries to avoid the disclosures of foreign gifts. (8) Between 2011 and 2021, the Russian Federation (hereinafter referred to as Russia ) has given not less than $160,000,000 to universities in the United States. The People's Republic of China (hereinafter referred to as China ) alone has given not less than $2,700,000,000 to universities in the United States during the same time frame. Further, during that span, the State of Qatar (hereinafter referred to as Qatar ) has given not less than $5,000,000,000 to universities in the United States. (9) Russia, China, and Qatar each have repressive and deeply troubling records relating to human rights, and all 3 have engaged in cyber espionage targeting individuals in the United States. (10) Russia, China, and Qatar all pose grave threats to the national security interests of the United States, yet those countries have successfully lavished billions of dollars to cultivate strong ties with institutions of higher education and research across the United States. (11) There is also evidence suggesting that Qatar encouraged, and potentially facilitated, universities in the United States receiving the largess of Qatar to flout disclosure requirements of the United States under section 117. (12) Although the Center for International Policy conducted a study in 2020 that concluded that think tanks focused on Federal policy received not less than $174,000,000 in funding from foreign governmental entities between 2014 and 2018, there is currently no means to determine the actual level or extent of foreign influence on those think tanks. (13) What is clear is the vast amount of foreign funding that United States-based think tanks receive, and that such foreign funding affects the direction of their policy recommendations. (14) One prominent think tank, the EastWest Institute, received substantial funding from the People's Liberation Army of China, which conducts cyber espionage attacks, including against individuals in the United States. (15) The Stimson Center worked to significantly alter the Homeland and Cyber Threat Act (H.R. 1607, 117th Congress, as introduced on March 8, 2021) (hereinafter referred to as the HACT Act ). The HACT Act, which would provide an exception to chapter 97 of title 28, United States Code (commonly known as the Foreign Sovereign Immunities Act of 1976 ), to allow United States persons harmed by foreign-government sponsored cyberattacks to bring civil claims for damages. The changes advocated by the Stimson Center would gut the bill and render it completely ineffective in holding foreign nations and their agents responsible for cyberattacks on and in the United States. (16) One of the main sources of the funding of the Stimson Center is Qatar, a major sponsor of terrorism worldwide and one of the most notorious sponsors of cyberattacks against entities in the United States. In 2019 alone (the last year for which public figures are available) the Stimson Center received over $600,000 in contributions from the government of Qatar. (17) The Brookings Institution has received at least $22,000,000 from Qatar from 2013 through 2021, but the exact amount has not been disclosed publicly. (18) There is also significant concern in Congress about potential contractual stipulations tied to foreign funding that could be leveraged by foreign powers to exert even greater influence over the research and policy recommendations of think tanks that the Federal Government and the public in the United States would otherwise believe to be independent. (19) In a 2007 Establishment Agreement between the Brookings Institution and the Ministry of Foreign Affairs of Qatar—which appears to have been in place in its original form through the end of 2021—the Doha branch of the Brookings Institution, called Brookings Doha Center, was effectively owned and controlled by the Emir of Qatar. Under the terms of the contract, the role of the Brookings Institution in the Brookings Doha Center was limited to that of a promoter . (20) As only revealed publicly in June 2022, the Brookings Doha Center was a separate and distinct legal entity from the Brookings Institution, specifically a Private Foundation for the Public Benefit, the same incorporation status as the propaganda arm of Qatar, Al Jazeera. (21) Pursuant to the 2007 Establishment Agreement, the Director of the Brookings Doha Center was required to report directly to the Ministry of Foreign Affairs of Qatar, including to engage in regular consultation . . . regarding the development and ongoing operations and for prior approval of programs that will be developed by the [Brookings Doha] Center. . (22) The Brookings Doha Center was renamed the Middle East Council on Global Affairs, and evidence indicates that the Middle East Council on Global Affairs is now entirely under the control of the Qatari Government. According to a January 2022 amendment to the 2007 articles of incorporation of the Brookings Doha Center, the Brookings Institution ceded the promoter role for Brookings Doha Center to a senior employee of Ministry of Foreign Affairs of Qatar, Majed Al-Ansari. This amendment also called on the Middle East Council on Global Affairs to assume control of intellectual property rights that had been under the Brookings Institution brand, including the content from and followers of the @BrookingsDoha Twitter account. (23) Congress currently is unable to determine what other agreements that the Brookings Institution or other influential think tanks have with foreign governmental entities, a void which has already been exploited by at least Qatar in obtaining prior approval of budgets and research projects conducted under the branding of the Brookings Institution and the Brookings Doha Center in the aforementioned 2007 contract, or the transference of valuable intellectual property to the Qatari Government pursuant to the 2022 amendment to the articles of incorporation of the Middle East Council on Global Affairs. (24) There is broad bipartisan agreement that undue foreign influence obscured through the use of proxies—or hidden by the powerful brand of a highly respected think tank—threatens the national security interests of the United States. There is also broad agreement that transparency is the most important and effective tool for reducing the harm of foreign influence targeting United States public policy or public opinion. (25) As such, this bill aims to provide critical transparency regarding the foreign funding provided to, and the related contractual agreements with, think tanks whose work includes influencing United States policies or public opinion. 3. Contemporaneous disclosure reports (a) Reporting conditions (1) Gifts, donations, or contributions (A) In general Except as provided in section 6, a covered entity that receives a gift, donation, or contribution from a foreign principal during a calendar year in an aggregate amount of $10,000 or greater shall file a disclosure report with the Attorney General in accordance with subsection (b) not later than 90 days after each disclosure date. (B) Disclosure date defined In this paragraph, the term disclosure date means— (i) the first date during any calendar year by which a covered entity has received a gift, donation, or contribution from a foreign principal in an aggregate amount of $10,000 or greater; and (ii) any other date during such calendar year by which a covered entity has received a gift, donation, or contribution from a foreign principal in an aggregate amount of $10,000 or greater since the most recent disclosure date for such calendar year. (2) Contract, memorandum of understanding, or agreement Except as provided in section 6, a covered entity that enters into or modifies a contract, memorandum of understanding, or agreement with a foreign principal shall file a disclosure report with the Attorney General in accordance with subsection (b) within 90 days of the entering into or modification of such contract, memorandum, or agreement. (b) Contents of contemporaneous disclosure report (1) Gifts, donations, or contributions only The report required under subsection (a)(1) shall detail the following: (A) The identities of the foreign principal and the primary point of contact of the foreign principal for engaging with the covered entity, including the name and title of such point of contact. (B) The date on which the foreign principal provided a gift, donation, or contribution to the covered entity. (C) The aggregate dollar amount of such gift, donation, or contribution attributable to a particular foreign principal. (D) A description of any conditions or restrictions regarding any of the disclosed gifts, donations, or contributions. (E) The aggregate amount of such gifts, donations, or contributions received from each foreign principal. (F) A description of any decisions made because of the foreign principal to the structure of the organization or to the research, programs, or content intended to be or actually published, disseminated, or promoted by the covered entity. (2) Contract, memorandum of understanding, or agreement only The report required under subsection (a)(2) shall detail the following: (A) The identities of the foreign principal and the primary point of contact of the foreign principal for engaging with the covered entity, including the name and title of such point of contact. (B) The date on which the covered entity entered into or modified a contract, memorandum of understanding, or agreement with a foreign principal. (C) Copies of all written contracts, agreements, or memoranda of understanding the covered entity entered into or modified with any foreign principal. (D) Copies of all internal and external documents, research materials, and publications produced as a result of the contract, memorandum of understanding, or agreement. (E) A description of any decisions made because of the foreign principal to the structure of the organization or to the research, programs, or content intended to be or actually published, disseminated, or promoted by the covered entity. 4. Initial disclosure reports (a) In general A covered entity shall file an initial disclosure report, in accordance with subsection (b) or (c), with the Attorney General not later than 180 days after the date of enactment of this Act if, during the period beginning on January 1 of the most recent calendar year that ended before the date of enactment of this Act and ending on the effective date of this Act— (1) the covered entity received a gift, donation, or contribution from a foreign principal in an aggregate amount of $10,000 or greater; (2) the covered entity entered into or modified a contract, memorandum of understanding, or agreement with a foreign principal; or (3) the covered entity had previously entered into a contract, agreement, or memorandum of understanding with a foreign principal that was still valid or enforceable on or after January 1 of the most recent calendar year that ended before the date of enactment of this Act. (b) Prior gifts, donations, or contributions The report required under subsection (a)(1) shall detail the following: (1) The name of the foreign principal. (2) The country of citizenship of the foreign principal. (3) The amount and date of such gifts, donations, or contributions. (4) The description of any conditions or restrictions attached to, or placed on, the gifts, donations, or contributions. (5) A description of any decisions made because of the foreign principal to the structure of the organization or to the research, programs, or content intended to be or actually published, disseminated, or promoted by the covered entity. (c) Contract, memorandum of understanding, or agreement The report required under subsection (a)(2) shall detail the following: (1) The name of the foreign principal. (2) The country of citizenship of the foreign principal. (3) Copies of each written contract, memorandum of understanding, or agreement. (4) Any modification of each such written contract, memorandum, or agreement. (5) The terms and conditions of each oral agreement. (6) Any modification of each such oral agreement. (7) A comprehensive statement of— (A) the nature and method of performance of each item described in paragraphs (3) through (6); and (B) the actions taken by the covered entity at the request or suggestion of each such foreign principal. (8) A description of any decisions made because of the foreign principal to the structure of the organization or to the research, programs, or content intended to be or actually published, disseminated, or promoted by the covered entity. 5. Briefings, testimony, or similar forms of presentation of research (a) Labeling of written materials If a covered entity provides a briefing, testimony, or similar form of presentation of research to a member or employee of Congress, or to an executive branch official, the covered entity shall identify prominently on any written materials provided to the member or employee of Congress, or to the executive branch official, the name of the relevant foreign principal and the country of citizenship, if the foreign principal is not a government, who provided funding for such briefing, testimony, or similar form of presentation of research. (b) Addendum to briefing, testimony, presentation In the event that no written materials are provided in a briefing, testimony, or similar form of presentation of research described in subsection (a), the covered entity shall convey the information required under subsection (a) in writing to the member or employee of Congress, or executive branch official, before or not later than 10 days after the date of the briefing, testimony, or presentation. 6. Relation to Other Reporting Requirements (a) State reports (1) Requirements of a covered entity If a covered entity has its headquarters in a State that has enacted requirements for public disclosure of gifts, donations, or contributions from, or contracts or agreements with, a foreign principal that are substantially similar to the requirements of this Act, a copy of the disclosure report filed with that State may be filed with the Attorney General in lieu of a report required under this Act. (2) Requirements of the State The State in which a covered entity has its headquarters shall provide to the Attorney General such assurances as the Attorney General may require to establish that the covered entity has met the requirements for public disclosure under State law if the State-mandated disclosure report is filed. (b) Federal reports If a covered entity receives a gift, donation, or contribution from, or enters into a contract or agreement with, a foreign principal, and if any other department, agency, or bureau of the executive branch requires a report containing requirements substantially similar to those required under this Act, a copy of the report may be filed with the Attorney General in lieu of a report required under this Act. 7. Administration and Enforcement (a) Books and records (1) Retention period For a period of not less than 5 years, a covered entity shall retain the necessary materials required to comply with the requirements of this Act, including books of account, all communications with any foreign principal, and other records regarding the activities of the covered entity related to any contracts, memorandum of understandings, or agreements with, or gifts, donations, or contributions from, a foreign principal. (2) Inspection (A) Attorney General Upon request of the Attorney General, each covered entity shall furnish to the Attorney General all information and records in the possession of the covered entity that the Attorney General may determine to be necessary to comply with the requirements under this Act. (B) Congress Upon request of Congress or a committee of Congress, a covered entity shall furnish to Congress or the relevant committee of Congress such information and records as Congress or the relevant committee of Congress may request to determine the extent to which the covered entity is in compliance with the requirements of this Act. (3) Publication Any information or records furnished pursuant to paragraph (2)(A) shall be made available in the database required under subsection (b). (4) Prohibition It shall be unlawful for any person willfully to conceal, destroy, obliterate, mutilate, or falsify, or to attempt to conceal, destroy, obliterate, mutilate, or falsify, or to cause to be concealed, destroyed, obliterated, mutilated, or falsified, any books or records required to be kept under the provisions of this section. (b) Publication All disclosure reports required by this Act and the information and records required to be furnished pursuant to subsection (a)(2)(A) shall be made available to the public through a database maintained on the official website of the Department of Justice. (c) Civil monetary penalty Any covered entity that fails to comply with the requirements of this Act, including any rule or regulation promulgated thereunder, shall be subject, in addition to any other penalties that may be prescribed by law, to a civil money penalty of not less than $1,000 for each day of the failure described by this Act—during which the covered entity is in violation of this Act. (d) Civil action (1) Court orders Whenever it appears that a covered entity has failed to comply with the requirements of this Act, including any rule or regulation promulgated under this Act, a civil action may be brought by the Attorney General in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this Act. (2) Costs For knowing or willful failure to comply with the requirements of this Act, including any rule or regulation promulgated thereunder, a covered entity shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement. (e) Regulations The Attorney General may promulgate such regulations as the Attorney General considers necessary to implement the requirements of this Act. 8. Definitions In this Act: (1) Conduct intending to directly or indirectly influence public policy or public opinion The term conduct intending to directly or indirectly to influence public policy or public opinion means, with respect to a covered entity, any activity that the covered entity engaging in believes will, or that the covered entity intends to, in any way influence any agency or official of the Government of the United States, or any section of the public within the United States, with respect to— (A) formulating, adopting, or changing the domestic or foreign policies of the United States; or (B) the political or public interests, policies, or relations of a government of a foreign country or a foreign political party. (2) Contract The term contract means any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign principal, for the direct benefit or use of either of the parties. (3) Country of citizenship The term country of citizenship , with respect to a foreign principal, includes— (A) the principal residence for a foreign principal who is a natural person; or (B) the country of incorporation or the principal place of business for a foreign principal which is a legal entity. (4) Covered entity The term covered entity — (A) means a nonprofit organization or a not-for-profit social welfare organization that— (i) spends more than 20 percent of the resources of the organization within any given calendar year on conduct intending to directly or indirectly influence public policy or public opinion; or (ii) is affiliated with, or is a subunit, of an institution, as defined in section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ), that is subject to that section and that— (I) engages in or publishes substantial policy-related research or scholarship; or (II) hosts, sponsors, or otherwise promotes annual, or on a more frequent basis, events featuring reporters, journalists, or United States or foreign government officials; and (B) excludes— (i) an institution , as defined in section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ), that is subject to that section; and (ii) an entity organized and operated exclusively for religious purposes. (5) Foreign principal The term foreign principal includes— (A) a government of a foreign country or a foreign political party; (B) a person outside of the United States, unless it is established that— (i) the person is an individual and a citizen of the United States; or (ii) the person— (I) is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States; and (II) has its principal place of business within the United States; and (C) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country. (6) Gift, donation, or contribution The term gift, donation, or contribution means any gift of money, property, or in-kind contribution given directly or indirectly to a covered entity by a foreign principal. (7) Not-for-profit social welfare organization The term not-for-profit social welfare organization means an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (8) Nonprofit organization The term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (9) Restricted or conditional gift or contract The term restricted or conditional gift or contract means any endowment, gift, grant, contract, award, present, or property of any kind that includes provisions regarding— (A) the employment, assignment, compensation, or termination of researchers, scholars, or experts; (B) the earmarking of funds for departments, centers, research or lecture programs, or new positions for researchers, scholars, or experts; (C) the subject matter, nature, or contents of research, analysis or any information published or disseminated to officials of the United States Federal Government, the media, or the public; or (D) any other condition or expectation regarding either the ability of the foreign principal to review in advance, approve, veto, or modify budgets, programs, events, or presentations, or the contents of information or materials to be published or disseminated. 9. Effective date This Act shall take effect on the date that is 120 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4987is/xml/BILLS-117s4987is.xml |
117-s-4988 | II 117th CONGRESS 2d Session S. 4988 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Ossoff (for himself, Mr. Braun , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish an inspections regime for the Bureau of Prisons, and for other purposes.
1. Short title This Act may be cited as the Federal Prison Oversight Act . 2. Creation of an inspections regime for the bureau of prisons (a) In general Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (e) Inspections regime (1) Definitions In this subsection: (A) Bureau The term Bureau means the Bureau of Prisons. (B) Covered facility The term covered facility — (i) means a correctional facility operated by the Bureau; and (ii) does not include a State, local, Tribal, territorial, or private correctional facility at which Federal prisoners are housed under an agreement with the Bureau. (C) Family member The term family member includes a grandparent, parent, sibling, spouse or domestic partner, child, aunt, uncle, cousin, niece, nephew, grandchild, or any other person related to an individual by blood, adoption, marriage, civil union, or a romantic or fostering relationship. (D) Inspector General The term Inspector General means the Inspector General of the Department of Justice. (E) Ombudsman The term Ombudsman means the Ombudsman established under paragraph (3)(A). (F) Representative of an incarcerated person The term representative of an incarcerated person includes paid or unpaid legal counsel or any other person or entity chosen by an incarcerated person to represent the interests of the incarcerated person. (G) Staff The term staff means employees and contractors of the Bureau. (2) Inspections of covered facilities by the Inspector General (A) Establishment of inspections regime (i) In general The Inspector General shall conduct periodic inspections of covered facilities pursuant to the requirements of this subsection. (ii) Access to covered facilities The Attorney General shall ensure that the Inspector General has access to any covered facility, including the incarcerated people, detainees, staff, bargaining unit representative organization, and any other information that the Inspector General determines is necessary to carry out the provisions of this subsection. (iii) Notice of inspections An inspection of a covered facility under this subsection may be announced or unannounced. (B) Inspection criteria An inspection of a covered facility under this subsection may include an assessment of the following: (i) The policies, procedures, and administrative guidance of the facility. (ii) The conditions of confinement. (iii) Working conditions for staff. (iv) The availability of evidence-based recidivism reduction programs and productive activities, as such terms are defined in section 3635 of title 18, United States Code, and the application of earned time credits pursuant to section 3632 of title 18, United States Code. (v) The policies and procedures relating to visitation. (vi) The policies and practices relating to the use of single-cell confinement, administrative segregation, and other forms of restrictive housing. (vii) The medical facilities and medical and mental health care, programs, procedures, and policies, including the number and qualifications of medical and mental health staff and the availability of gender-appropriate and trauma-responsive care for incarcerated people. (viii) Medical services and mental health resources for staff. (ix) Lockdowns at the facility. (x) Credible allegations of incidents involving excessive use of force, completed, attempted, or threatened violence, including sexual violence, or misconduct committed against incarcerated people. (xi) Credible allegations of incidents involving completed, attempted, or threatened violence, including sexual violence, committed against staff. (xii) Adequacy of staffing at the covered facility, including the number and job assignments of staff, the ratio of staff to inmates at the facility, the staff position vacancy rate at the facility, and the use of overtime, mandatory overtime, and augmentation. (xiii) Deaths or serious injuries of incarcerated people or staff that occurred at the facility. (xiv) The existence of contraband that jeopardizes the health or safety of incarcerated people or staff, including incident reports, referrals for criminal prosecution, and confirmed prosecutions. (xv) Access of incarcerated people to— (I) legal counsel, including confidential meetings and communications; (II) discovery and other case-related legal materials; and (III) the law library at the covered facility. (xvi) Any aspect of the operation of the covered facility that the Inspector General determines to be necessary over the course of an inspection. (C) Inspection schedule An inspection of a covered facility under this subsection shall be conducted on a schedule based on the combined risk score of the covered facility as described in subparagraph (E) and the following considerations: (i) Higher risk facilities shall receive more frequent inspections. (ii) The Inspector General shall reevaluate the combined risk score methodology and inspection schedule periodically and may alter 1 or both to ensure that higher risk facilities are identified and receiving the appropriate frequency of inspection. (D) Report (i) In general Upon completion of an inspection of a covered facility under this subsection, or a group of inspections that assess the same or similar issues at more than 1 facility, the Inspector General shall produce a report to be made available to the Attorney General, the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, employee representative organizations, and the public, that addresses 1 or more of the following topics: (I) A characterization of the conditions of confinement and working conditions, including a summary of the inspection criteria reviewed under clauses (ii) and (iii) of subparagraph (B). (II) Recommendations made to the covered facility to improve safety and conditions within the facility, including recommendations regarding staffing. (III) A recommended timeline for the next inspection and assessment, which shall not limit the authority of the Inspector General to perform additional inspections and assessments, announced or unannounced. (IV) Any other issues or matters identified during the inspection of the facility or facilities. (ii) Consultation with stakeholders In developing the recommendations described in clause (i), the Inspector General may consult with stakeholders, including employee representative organizations. (E) Risk score Not later than 18 months after the date of enactment of the Federal Prison Oversight Act , the Inspector General shall establish methodology and protocols for determining the combined risk score of a covered facility, which— (i) shall be delivered to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives ; and (ii) may be based on— (I) frequency and duration of lockdowns; (II) availability of programming; (III) staffing levels; (IV) access to adequate physical and mental health resources; (V) incidences of physical and sexual assault or neglect; (VI) opportunity to maintain family ties through phone calls, video calls, mail, email, and visitation; (VII) adequacy of the nutrition provided; (VIII) amount or frequency of staff discipline cases; (IX) access of incarcerated people to— (aa) legal counsel, including confidential meetings and communications; (bb) discovery and other case-related legal materials; and (cc) the law library at the covered facility; and (X) other factors as determined by the Inspector General. (F) Bureau response to report (i) In general Not later than 60 days after the date on which the Inspector General issues a report under subparagraph (D), the Bureau shall respond in writing to the inspection report, which shall include a corrective action plan. (ii) Public availability Each response and action plan described in clause (i) shall be made available to the public on the website of the Inspector General. (iii) Compliance with corrective action plan The Inspector General may conduct additional inspections or investigations, announced or unannounced, to monitor the compliance of the Bureau with a corrective action plan described in clause (i). (3) Ombudsman (A) In general Not later than 1 year after the date of enactment of the Federal Prison Oversight Act , the Attorney General shall establish in the Department of Justice an Ombudsman who may— (i) receive a complaint from an incarcerated person, a family member, a representative of an incarcerated person, staff, or others regarding issues that may adversely affect the health, safety, welfare, or rights of incarcerated people or staff, including— (I) abuse or neglect; (II) the conditions of confinement; (III) working conditions of staff; (IV) decisions, administrative actions, or guidance of the Bureau, including those relating to prison staffing; (V) inaction or omissions by the Bureau, including failure to consider or respond to complaints or grievances by incarcerated people or staff promptly or appropriately; (VI) policies, rules, or procedures of the Bureau, including gross mismanagement; and (VII) alleged violations of non-criminal law by staff or incarcerated people that may adversely affect the health, safety, welfare, or rights of any person; (ii) refer a complainant and others to appropriate resources or Federal agencies; (iii) make inquiries and recommend actions to appropriate entities on behalf of a complainant, the Ombudsman, or others; and (iv) decline to investigate or take any action with respect to any complaint and, in any case in which the Ombudsman declines to investigate or take any action, shall notify the complainant in writing of the decision not to investigate or take any action and the reasons for the decision. (B) Limitations on authority The Ombudsman— (i) may not investigate— (I) any complaints relating to the underlying criminal conviction of an incarcerated person; (II) a complaint from staff that relates to the employment or contractual relationship of the staff member with the Bureau, unless the complaint is related to the health, safety, welfare, working conditions, gross mismanagement of a covered facility, or rehabilitation of incarcerated people; or (III) any allegation of criminal or administrative misconduct, as described in subsection (b)(2), and shall refer any matter covered by subsection (b)(2) to the Inspector General, who may, at the discretion of Inspector General, refer such allegations back to the Ombudsman or the internal affairs office of the appropriate component of the Department of Justice; and (ii) may not levy any fees for the submission or investigation of complaints. (C) Decision on the merits of a complaint At the conclusion of an investigation of a complaint, the Ombudsman shall— (i) render a decision on the merits of each complaint; (ii) communicate the decision to the complainant, if any, and to the Bureau; and (iii) state the recommendations and reasoning of the Ombudsman if, in the opinion of the Ombudsman, the Bureau or any employee thereof should— (I) consider the matter further; (II) modify or cancel any action; (III) alter a rule, practice, or ruling; (IV) explain in detail the administrative action in question; or (V) rectify an omission. (D) Actions following a decision by the ombudsman (i) Request for information about actions taken If the Ombudsman so requests, the Bureau shall, within the time specified, respond to any inquiry or request for information from the Ombudsman and inform the Ombudsman about any action taken on the recommendations provided by the Ombudsman or the reasons for not complying with any request for information or recommendations. (ii) Reporting of continuing issues If the Ombudsman believes, based on an investigation conducted by the Ombudsman, that there has been or continues to be a significant health, safety, welfare, working conditions, or rehabilitation issue, the Ombudsman shall report the finding to the Attorney General, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives. (iii) Monitoring of internal disciplinary actions of the bureau In the event that the Bureau conducts an internal disciplinary investigation or review of 1 or more staff members of the Bureau as a result of an investigation by the Ombudsman, the Ombudsman may monitor the internal disciplinary action to ensure a fair and objective process. (4) Inspector general and ombudsman access to bureau of prisons facilities (A) In general Upon demand, in person or in writing and with or without prior notice, the Inspector General and the Ombudsman shall be granted access to all Bureau facilities, which shall include— (i) all areas that are used by incarcerated people, all areas that are accessible to incarcerated people, and access to programs for incarcerated people at any time of day; and (ii) the opportunity to— (I) conduct private and confidential interviews with any incarcerated person, staff, employee representative organization, or other person; and (II) communicate privately and confidentially, both formally and informally, with incarcerated people or staff by telephone, mail, electronic communication, and in person, which shall not be monitored or recorded by or conducted in the presence of staff. (B) Purpose of visits Access to Bureau facilities under subparagraph (A) is for the purposes of— (i) conducting announced or unannounced inspections by the Inspector General as described in paragraph (2), including inspections to monitor the compliance of the Bureau with a corrective action plan described in paragraph (2)(F)(i); (ii) conducting an investigation or other activity by the Ombudsman as described in paragraph (3); and (iii) inspecting, viewing, photographing, and video recording all areas of the facility that are used by incarcerated people or are accessible to incarcerated people. (C) Access to documents (i) In general The Inspector General and the Ombudsman have the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the Bureau that either the Inspector General or the Ombudsman considers necessary in an inspection, investigation, or other activity, and the Bureau shall assist the Inspector General and the Ombudsman in obtaining the necessary releases for those documents that are specifically restricted or privileged for use by the Bureau. (ii) Production of records Following notification from the Inspector General or the Ombudsman with a written demand for access to Bureau records, the Bureau shall provide access to the requested documentation— (I) not later than 20 business days after receipt of the written request; or (II) in the case of records pertaining to the death of an incarcerated person or staff, threats of bodily harm including sexual or physical assaults, or the denial or delay of necessary medical treatment, not later than 5 business days after receipt of the written request, unless the Inspector General or the Ombudsman consents to an extension of that time frame. (D) Coordination to minimize disruption of operations The Inspector General and the Ombudsman shall— (i) work with the Bureau to minimize disruption to the operations of the Bureau due to inspections, investigations, or other activity; and (ii) comply with the security clearance processes of the Bureau, provided these processes do not impede the activities described in this subsection. (5) Confidentiality (A) In general Correspondence and communication with the Inspector General and the Ombudsman, including communication regarding an issue described in section 4051 of title 18, United States Code, is confidential and shall be protected as privileged correspondence in the same manner as legal correspondence or communications. (B) Rules and procedures Subject to subparagraph (C), the Inspector General and the Ombudsman shall establish confidentiality rules and procedures for all information maintained by the respective office to ensure that, to the greatest extent practicable, before, during, or after an investigation— (i) staff are not aware of the identity of a complainant; and (ii) other incarcerated people are not aware of the identity of a complainant. (C) Exception The Inspector General and the Ombudsman may disclose identifying information for the sole purpose of carrying out an investigation and as otherwise authorized under section 7(b). (6) Family advocacy and support services (A) Filing complaints on behalf of an incarcerated individual (i) Online form The Ombudsman shall create a secure online form to be made available on the website of the Ombudsman where the family members, friends, and representatives of incarcerated people can submit complaints and inquiries on issues identified in paragraph (3)(A)(i) on behalf of an individual incarcerated at a covered facility. (ii) Telephone hotline The Ombudsman shall create a telephone hotline through which family members, friends, and representatives of incarcerated people can call to file complaints and inquiries on issues identified in paragraph (3)(A)(i) on behalf of an individual incarcerated at a covered facility. (B) Filing complaints by an incarcerated individual (i) Internal private submission The Bureau shall provide multiple internal ways for incarcerated individuals in covered facilities to privately submit to the Ombudsman complaints and inquiries on issues identified in paragraph (3)(A)(i). (ii) Submission via independent entity The Bureau shall also provide not less than 1 process for incarcerated individuals in covered facilities to submit complaints and inquiries on issues identified in paragraph (3)(A)(i) to a public or private entity or office that is not part of the Bureau and that is able to receive and immediately forward complaints and inquiries to the Ombudsman, allowing the incarcerated individual to remain anonymous upon request. (C) Determination (i) Confirmation of receipt Not later than 5 business days after submission of a complaint or inquiry under subparagraph (A) or (B), the Ombudsman shall confirm receipt. (ii) Determination Not later than 15 business days after issuing the confirmation under clause (i), the Ombudsman shall make a determination as to whether any action is warranted and notify the complainant of the determination. (iii) Statement regarding decision If the Ombudsman has determined action is unwarranted under clause (ii), the Ombudsman shall provide a written statement explaining the decision to the complainant. (D) Administrative exhaustion Nothing in this paragraph shall be construed as a necessary administrative remedy required for exhaustion under section 7(a) of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997e(a) ). (7) Prohibition on retaliation (A) In general The Bureau and staff of the Bureau shall not discharge, retaliate against, or in any manner discriminate against any complainant or any person or entity that has instituted or caused to be instituted any proceeding, investigation, or inspection under or related to this subsection. (B) Investigation Any alleged discharge of, retaliation against, or discrimination against a complainant, entity, or person because of a complaint, investigation, or inspection may be considered by the Ombudsman as an appropriate subject of an investigation or other activity. (8) Due process protections (A) In general The Attorney General and the Inspector General shall ensure that implementation of this subsection is consistent with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ) and all other applicable laws, and respects appropriate due process protections for staff. (B) Rule of construction Nothing in this paragraph shall be construed to modify, supersede, or otherwise affect the authority of the Inspector General to access all records, reports, audits, reviews, documents, papers, recommendations, or other materials, as authorized by section 6(a). (9) Percentage of annual appropriation for the bureau of prisons It is the sense of Congress that the amount allocated to the Inspector General and the Ombudsman to carry out the activities described in this subsection should equal an amount between 0.2 percent and 0.5 percent of the annual appropriation for the Bureau. . (b) Effective Date This Act, and the amendments made by this Act, shall take effect on the date that is 90 days after the date on which appropriations are made available to the Inspector General of the Department of Justice and the Department of Justice for the specific purpose of carrying out the provisions of this Act and the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4988is/xml/BILLS-117s4988is.xml |
117-s-4989 | II 117th CONGRESS 2d Session S. 4989 IN THE SENATE OF THE UNITED STATES September 28, 2022 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to include additional special considerations for developing and implementing the energy performance goals and energy performance master plan of the Department of Defense and to require a report on the feasibility of terminating energy procurement from foreign entities of concern.
1. Short title This Act may be cited as the DOD Energy Strategy Act of 2022 . 2. Additional special considerations for developing and implementing the energy performance goals and energy performance master plan of the Department of Defense Section 2911(e) of title 10, United States Code, is amended by adding at the end the following new paragraphs: (14) The reliability and security of energy resources in the event of a military conflict. (15) The value of resourcing energy from allies of the United States in the North Atlantic Treaty Organization and other major allies of the United States. . 3. Report on feasibility of terminating energy procurement from foreign entities of concern (a) In general Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility and advisability of terminating energy procurement by the Department of Defense from foreign entities of concern. (b) Elements The report required under subsection (a) shall include the following: (1) An assessment of the reliance by the Department of Defense on foreign entities of concern for the procurement of energy. (2) An identification of the number of energy contracts in force between the Director of the Defense Logistics Agency and a foreign entity of concern or an entity headquartered in a country that is a foreign entity of concern. (3) Such proposals as the Assistant Secretary of Defense for Energy, Installations, and Environment may have for divestment of resourcing of energy for the Department of Defense from entities described in subparagraph (B) and reconfiguring such resourcing instead from allies of the United States in the North Atlantic Treaty Organization and other major allies of the United States. (c) Foreign entity of concern defined In this section, the term foreign entity of concern has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 4651 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4989is/xml/BILLS-117s4989is.xml |
117-s-4990 | II 117th CONGRESS 2d Session S. 4990 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Tillis (for himself and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend title 40, United States Code, to increase the mileage of the Appalachian Development Highway System to provide for improvements to and expansion of Corridor K in North Carolina, and for other purposes.
1. Appalachian Development Highway System (a) In general Section 14501(a) of title 40, United States Code, is amended, in the second sentence, by striking three thousand and ninety miles and inserting 3,105 miles . (b) Purpose The increase in mileage to the Appalachian Development Highway System made by the amendment made by subsection (a) shall be for improvements to and expansion of Corridor K in North Carolina. | https://www.govinfo.gov/content/pkg/BILLS-117s4990is/xml/BILLS-117s4990is.xml |
117-s-4991 | II 117th CONGRESS 2d Session S. 4991 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prevent the distribution of intimate visual depictions without consent.
1. Short title; table of contents (a) Short title This Act may be cited as the Preventing Rampant Online Technological Exploitation and Criminal Trafficking Act of 2022 or the PROTECT Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Severability clause. TITLE I—Regulating the uploading of pornographic images to online platforms Sec. 101. Verification obligations of covered platform operators. Sec. 102. Removal of images distributed without consent. Sec. 103. Obligations of users. TITLE II—Enforcement Sec. 201. Civil enforcement. Sec. 202. Criminal prohibition on nonconsensual distribution of intimate visual depictions. 2. Findings Congress finds the following: (1) In the United States, reports of child sexual abuse material (referred to in this section as CSAM ) have grown exponentially in recent years, from 3,000 reports in 1998 to more than 1,000,000 in 2014 and 18,400,000 in 2018. The New York Times called it an almost unfathomable increase in criminal behavior. (2) The National Center for Missing and Exploited Children (referred to in this section as NCMEC ), which is based in the United States, recorded more than 29,300,000 reports of suspected CSAM to its CyberTipline in 2021, the highest number of reports ever received in a single year and a 35 percent increase from 2020. Those reports included 85,000,000 images, videos, and other files of suspected CSAM and incident-related content. (3) Recent trends reported by NCMEC include increasingly graphic and violent sexual abuse images, and videos of infants and young children. (4) The Daily, a podcast hosted by the New York Times, reported in 2019 that CSAM had so overwhelmed law enforcement agencies in the United States that the Federal Bureau of Investigation, for example, had prioritized investigating material depicting infants and toddlers, not older children. (5) The COVID–19 pandemic has resulted in a surge in the online distribution of CSAM, which was remarkably high even before the pandemic. During the pandemic, NCMEC reported a 106 percent increase in the sharing of CSAM globally. The increased number of offenders exchanging CSAM during lockdowns may continue to stimulate demand for CSAM beyond the lockdowns as well. (6) Project Arachnid is a web platform administered by the Canadian Centre for Child Protection (referred to in this section as C3P ) that is designed to detect known images of CSAM and issue removal notices to electronic service providers when possible. C3P has reported, It is a common misconception that CSAM and harmful-abusive content are relegated solely to the dark web. . In fact, 97 percent of the illegal media detected by Project Arachnid hides in plain sight on the clear web on image or file hosting services, forums, content delivery networks, and both mainstream adult pornography sites, such as Pornhub, XVideos, OnlyFans, and YouPorn, and fringe adult pornography sites. (7) In 2021, NCMEC reported that a majority of CSAM reports, more than 29,157,083 out of 29,397,681, came from electronic service providers. (8) An alarming and increasing number of adults are being depicted in online pornography without their knowledge or consent. These individuals are often victims of sexual abuse, sex trafficking, rape, sexual exploitation, sextortion, and forms of image-based sexual abuse such as nonconsensual distribution of sexually explicit material. (9) Most pornography websites do not effectively verify the age of the users who upload content to their platforms. Nor do these websites make an effort to effectively verify the age, consent, or identity of all individuals who are depicted in the pornographic content. (10) Pornography websites attract hundreds of millions of visitors daily. The leading pornography website in 2020, for example, reported attracting more than 3,500,000,000 monthly users, which exceeds the traffic of Netflix, Twitter, Instagram, Pinterest, or LinkedIn. (11) Pornography websites profit from the content uploaded to their platforms, including content that depicts or involves rape, child exploitation and abuse, and sex trafficking. In 2019, 6 high-level individuals employed by an online pornographic distributor were convicted of sex trafficking. Over an 11-year period, that platform generated more than $17,000,000 in revenue. (12) The ongoing exploitation of underage or nonconsenting individuals by highly visited pornography websites is evidenced by a recent series of successful lawsuits. One case, involving 22 victims of sex trafficking and fraud, concluded in a nearly $13,000,000 verdict against a pornography content producer who coerced women and children into producing sexual content. Another 34 women, some of whom are victims of child sex trafficking, filed a lawsuit against a pornographic website for failing to take proper precautions to verify the content uploaded to its platform and monetizing the illegal content. (13) The internet has revolutionized the pornography industry, making pornographic content incomparably more available, accessible, affordable, and anonymous than at any previous time in the history of the United States. Today, substantial majorities of teenagers have viewed pornography. A United States population-based probability study found that 84 percent of males and 57 percent of females between the ages of 14 and 18 have viewed pornography, belying the industry’s faux status as so-called adult entertainment . Moreover, pornography has contributed to the normalization of sexual violence among the youth of the United States. Numerous studies have demonstrated that viewing pornography harms youth, as it contributes to sexually violent attitudes and conduct towards children and adults and creates unrealistic expectations for intimate relationships. Additionally, research has demonstrated that the demand for online pornography has fueled an increase in purchasing sex from prostituted or sex trafficked individuals. (14) The online pornography industry has remained unchecked and generally immune from regulations. Online creators and distributors of pornographic content should be held to standards that require informed and thorough consent as well as age-verification. Currently, no substantive laws govern consent in pornography, which has permitted rampant abuses to occur. (15) Companies should not profit from the sexual exploitation of children and adults. Requiring pornographic websites to verify the age, consent, and identity of individuals appearing in pornographic content on their platforms would substantially curb the rampant exploitation of all children and adults online. (16) The harms to victims of CSAM and image-based sexual abuse are deep and enduring. Every time an image or video of their exploitation is shared, their abuse is repeated and amplified. 3. Definitions (a) In general In this Act: (1) Coerced consent The term coerced consent means purported consent obtained from a person— (A) through fraud, duress, misrepresentation, undue influence, or nondisclosure; (B) who lacks capacity; or (C) though exploiting or leveraging the person’s— (i) immigration status; (ii) pregnancy; (iii) disability; (iv) addiction; (v) juvenile status; or (vi) economic circumstances. (2) Consent The term consent — (A) means an agreement that is informed and thorough; and (B) does not include coerced consent. (3) Covered platform (A) In general The term covered platform means an interactive computer service that hosts or makes available to the general public pornographic images. (B) Availability to public For purposes of subparagraph (A), the availability of pornographic images to a group of subscribers shall be considered availability to the general public if any member of the general public (subject to reasonable limitations) can obtain a subscription. (4) Covered platform operator The term covered platform operator means a provider of a covered platform. (5) Interactive computer service The term interactive computer service has the meaning given the term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (6) Intimate visual depiction The term intimate visual depiction means any visual depiction— (A) of an individual who is reasonably identifiable from the visual depiction itself or information displayed in connection with the visual depiction, including through— (i) facial recognition; (ii) an identifying marking on the individual, including a birthmark or piercing; (iii) an identifying feature of the background of the visual depiction; (iv) voice matching; or (v) written confirmation from an individual who is responsible, in whole or in part, for the creation or development of the visual depiction; and (B) in which— (i) the individual depicted is engaging in sexually explicit conduct; or (ii) the naked genitals, anus, pubic area, or post-pubescent female nipple of the individual depicted are visible. (7) Pornographic image The term pornographic image means— (A) any visual depiction of actual or feigned sexually explicit conduct; or (B) any intimate visual depiction. (8) User The term user — (A) means an individual who is an information content provider (as defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) )); and (B) with respect to a covered platform, means an individual described in subparagraph (A) who is responsible, in whole or in part, for the creation or development of pornographic images hosted or made available by the covered platform. (b) Terms defined in section 2256 of title 18, United States Code For purposes of subsection (a)— (1) the term computer has the meaning given the term in section 2256 of title 18, United States Code; (2) the term sexually explicit conduct has the meaning given the term in section 2256(2)(A) of title 18, United States Code; and (3) the term visual depiction means a photograph, film, video, or modified photograph, film, or video, whether made or produced by electronic, mechanical, or other means. 4. Severability clause If any provision of this Act or an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional, the remaining provisions of this Act and amendments made by this Act, and the application of such provisions and amendments to any other person or circumstance, shall not be affected thereby. I Regulating the uploading of pornographic images to online platforms 101. Verification obligations of covered platform operators (a) Verification of users (1) In general A covered platform operator may not upload or allow a user to upload a pornographic image to the covered platform unless the operator has verified, in accordance with paragraph (2)— (A) the identity of the user; and (B) that the user is not less than 18 years old. (2) Means of compliance In carrying out paragraph (1), a covered platform operator shall verify the identity and age of a user by— (A) requiring use of an adult access code or adult personal identification number; (B) accepting a digital certificate that verifies age; or (C) using any other reasonable measure of age verification that the Attorney General has determined to be feasible with available technology. (3) Insufficient user confirmation Merely requiring a user to confirm that the user is not less than 18 years of age, without independent means of verification, shall not satisfy the requirement under paragraph (1). (b) Verification of participants (1) In general A covered platform operator may not upload or allow a user to upload a pornographic image to the covered platform unless the operator has verified, in accordance with paragraph (2), that each individual appearing in the pornographic image— (A) was not less than 18 years of age when the pornographic image was created; (B) has provided explicit written evidence of consent for each sex act in which the individual engaged during the creation of the pornographic image; and (C) has provided explicit written consent for the distribution of the specific pornographic image. (2) Separate consent for sex act and for distribution of image (A) Consent for sex act Consent described in subparagraph (B) of paragraph (1) does not imply or constitute evidence of consent described in subparagraph (C) of that paragraph. (B) Consent for distribution of image Consent described in subparagraph (C) of paragraph (1) does not imply or constitute evidence of consent described in subparagraph (B) of that paragraph. (3) Means of compliance In carrying out paragraph (1), a covered platform operator shall obtain, either from the user seeking to upload the pornographic image or through other means— (A) a consent form created or approved by the Attorney General under paragraph (4) from each individual appearing in the pornographic image that includes— (i) the name, date of birth, and signature of the individual; (ii) a statement that the individual is not less than 18 years of age, unless no reasonable person could conclude that the individual is less than 30 years of age; (iii) a statement that the consent is for distribution of the specific pornographic image; (iv) the geographic area and medium, meaning online, print, or other distribution method, for which the individual provides consent to distribution of the pornographic image; (v) the duration of time for which the individual provides consent to distribution of the pornographic image; (vi) a list of the specific sex acts that the person agrees to engage in for the pornographic image; and (vii) a statement that explains coerced consent and that the individual has the right to withdraw the individual’s consent at any time; and (B) not less than 1 form of valid identification for each individual appearing in the pornographic image— (i) that— (I) was issued by an agency of the Federal Government or of a State, local, or foreign government; and (II) contains the name, date of birth, signature, and photograph of the individual; and (ii) on which the name, date of birth, and signature of the individual match the name, date of birth, and signature of the individual on the consent form required under subparagraph (A). (4) Creation and approval of consent forms by Attorney General (A) Attorney General consent form (i) In general Not later than 60 days after the date of enactment of this Act, the Attorney General shall create and make available to the public a consent form for purposes of paragraph (3)(A). (ii) Availability On and after the date that is 90 days after the date of enactment of this Act, a covered platform operator shall make the consent form created under clause (i) available to users in both written and electronic format. (B) Approval of alternative consent forms For purposes of paragraph (3)(A), a user may submit to a covered platform an alternative consent form created by a user or covered platform operator if the alternative consent form has been approved by the Attorney General. (c) Effective date; applicability This section shall— (1) take effect on the date that is 90 days after the date of enactment of this Act; and (2) apply to any pornographic image uploaded to a covered platform before, on, or after that effective date. (d) Rules of construction (1) Obligations and criminal liability under other laws Nothing in this section shall be construed to— (A) affect any obligation of a covered platform under any other provision of Federal or State law; or (B) impact or otherwise limit the criminal liability of a user or other individual under a Federal or State obscenity law. (2) First Amendment-protected speech Nothing in this section shall be construed to prohibit or impose a prior restraint on speech that is protected by the First Amendment to the Constitution of the United States. 102. Removal of images distributed without consent (a) Definitions In this section: (1) Authorized representative The term authorized representative , with respect to an individual, means— (A) a person authorized in writing under State or other applicable law by the individual to act on behalf of the individual with regard to the matter in question; or (B) in the case of an individual under the age of 18, a parent or legal guardian of the individual. (2) Eligible person The term eligible person , with respect to a pornographic image uploaded to a covered platform, means— (A) an individual who appears in the pornographic image and has not provided consent to, or has withdrawn consent in compliance with the laws of the applicable jurisdiction for, the distribution of the pornographic image; (B) an authorized representative of an individual described in subparagraph (A); or (C) a Federal, State, Tribal, or local law enforcement officer acting pursuant to a valid court order. (b) Mechanism for removal A covered platform operator shall— (1) establish a procedure for removing a pornographic image from the covered platform at the request of a person; and (2) designate 1 or more employees of the operator to be responsible for handling requests for removal of pornographic images. (c) Notice A covered platform operator shall display a prominently visible notice on the website or mobile application of the covered platform that provides instructions on how a person can request the removal of a pornographic image. (d) Response to requests for removal (1) Requests from eligible persons If a covered platform operator receives a request from an eligible person, through any request mechanism offered by the operator under subsection (b), to remove a pornographic image that is being hosted by the covered platform without the consent of an individual who appears in the pornographic image, the operator shall remove the pornographic image as quickly as possible, and in any event not later than 72 hours after receiving the request. (2) Requests from persons other than eligible persons If a covered platform operator receives a request from a person other than an eligible person, through any request mechanism offered by the operator under subsection (b), to remove a pornographic image that is being hosted by the covered platform without the consent of an individual who appears in the pornographic image, not later than 72 hours after receiving the request— (A) the operator shall review the records of the operator with respect to the pornographic image to determine whether the pornographic image was uploaded to the platform in accordance with the verification requirements under subsections (a) and (b) of section 101; and (B) if the operator determines under subparagraph (A) that the pornographic image was not uploaded to the platform in accordance with the verification requirements under subsections (a) and (b) of section 101, the operator shall remove the pornographic image. (e) Blocking re-Uploads In the case of a pornographic image that has been removed from a covered platform in accordance with this section, the covered platform operator shall block the pornographic image, and any altered or edited version of the pornographic image, from being uploaded to the covered platform again. (f) Effective Date; applicability (1) In general This section shall— (A) except as provided in paragraph (2), take effect on the date that is 90 days after the date of enactment of this Act; and (B) apply to any pornographic image uploaded to a covered platform before, on, or after that effective date. (2) Blocking re-uploads Subsection (e) shall take effect on the date that is 180 days after the date of enactment of this Act. 103. Obligations of users (a) Consent requirement A user of a covered platform may not upload a pornographic image of an individual to the covered platform without the consent of the individual. (b) Determination of consent For purposes of subsection (a), whether an individual has provided consent to the uploading of an image shall be determined in accordance with this Act and applicable State law. II Enforcement 201. Civil enforcement (a) Verification obligations of covered platform operators (1) Civil penalty for failure to verify users (A) In general The Attorney General may impose a civil penalty on any covered platform operator that violates section 101(a) in an amount of not more than $10,000 for each day during which a pornographic image remains on the covered platform in violation of that section, beginning 24 hours after the Attorney General provides notice of the violation to the operator. (B) Per-day and per-image basis A civil penalty under subparagraph (A) shall accrue on a per-day and per-image basis. (C) Use of proceeds Notwithstanding section 3302 of title 31, United States Code, the Attorney General may use the proceeds from a civil penalty collected under subparagraph (A) to carry out enforcement under this section. (2) Civil liability for failure to verify participants If a covered platform operator violates section 101(b) with respect to a pornographic image, any person aggrieved by the violation may bring a civil action against the covered platform operator in an appropriate district court of the United States for damages in an amount equal to the greater of— (A) $10,000 for each day during which a pornographic image remains on the covered platform in violation of that section, calculated on a per-day and per-image basis; or (B) actual damages. (b) Removal of images distributed without consent (1) Civil penalty for failure to establish mechanism for removal (A) In general The Attorney General may impose a civil penalty on any covered platform operator that violates section 102(b) in an amount of not more than $10,000 for each day during which the covered platform remains in violation of that section, beginning 24 hours after the Attorney General provides notice of the violation to the operator. (B) Use of proceeds Notwithstanding section 3302 of title 31, United States Code, the Attorney General may use the proceeds from a civil penalty collected under subparagraph (A) to carry out enforcement under this section. (2) Civil penalty for failure to display notice of mechanism for removal The Attorney General may impose a civil penalty on any covered platform operator that violates section 102(c) in an amount of not more than $5,000 for each day during which the covered platform remains in violation of that section, beginning 24 hours after the Attorney General provides notice of the violation to the operator. (3) Civil liability for failure to make timely removal (A) In general If a covered platform operator violates section 102(d) with respect to a pornographic image, any person aggrieved by the violation may bring a civil action against the covered platform operator in an appropriate district court of the United States for damages in an amount equal to the greater of— (i) $10,000 for each day during which the pornographic image remains on the covered platform in violation of that section, calculated on a per-day and per-image basis; or (ii) actual damages. (B) Good faith exception (i) In general A covered platform operator shall not be liable under subparagraph (A) for a violation of section 102(d) if, in allowing the upload of a pornographic image to the covered platform, the operator reasonably relied on verification materials, in accordance with section 101(b)(3), that were later found to be fraudulent, provided that the operator removes the pornographic image not later than 24 hours after discovering that the verification materials are fraudulent. (ii) Failure to remove If a covered platform operator fails to remove a pornographic image within 24 hours of discovering that the verification materials are fraudulent, as described in clause (i), damages under subparagraph (A)(i) shall be calculated with respect to each day on or after the date on which that 24-hour period expires. (4) Civil liability for failure to block re-uploads If a covered platform operator violates section 102(e) with respect to a pornographic image, any person aggrieved by the violation may bring a civil action against the covered platform operator in an appropriate district court of the United States for damages in an amount equal to the greater of— (A) $10,000 for each day during which the pornographic image remains on the covered platform in violation of that section; or (B) actual damages. (c) Civil liability for violation of user obligations If a user of a covered platform violates section 103 with respect to a pornographic image, any person aggrieved by the violation may bring a civil action against the user in an appropriate district court of the United States for damages in an amount equal to the greater of— (1) $10,000 for each day during which the pornographic image remains on the covered platform in violation of that section, calculated on a per-day and per-image basis; or (2) actual damages. (d) Relation to Communications Decency Act Nothing in this section shall be construed to affect section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ). 202. Criminal prohibition on nonconsensual distribution of intimate visual depictions (a) In general Chapter 88 of title 18, United States Code, is amended by adding at the end the following: 1802. Nonconsensual distribution of intimate visual depictions (a) Definitions In this section: (1) Information content provider The term information content provider has the meaning given the term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (2) Interactive computer service The term interactive computer service has the meaning given the term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (3) Intimate visual depiction The term intimate visual depiction means any visual depiction— (A) of an individual who is reasonably identifiable from the visual depiction itself or information displayed in connection with the visual depiction, including through— (i) facial recognition; (ii) an identifying marking on the individual, including a birthmark or piercing; (iii) an identifying feature of the background of the visual depiction; (iv) voice matching; or (v) written confirmation from an individual who is responsible, in whole or in part, for the creation or development of the visual depiction; and (B) in which— (i) the individual depicted is engaging in sexually explicit conduct; or (ii) the naked genitals, anus, pubic area, or post-pubescent female nipple of the individual depicted are visible and are depicted with the objective intent to arouse, titillate, or gratify the sexual desires of a person. (4) Sexually explicit conduct The term sexually explicit conduct has the meaning given that term in section 2256(2)(A). (5) Visual depiction The term visual depiction means a photograph, film, video, or modified photograph, film, or video, whether made or produced by electronic, mechanical, or other means. (b) Offense Except as provided in subsection (d), it shall be unlawful for any information content provider to knowingly use any interactive computer service to publish an intimate visual depiction of an individual with knowledge of or reckless disregard for— (1) the lack of consent of the individual to the publication; and (2) the reasonable expectation of the individual that the depiction would not be published through an interactive computer service without the individual’s consent. (c) Penalty Any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 5 years, or both. (d) Exceptions (1) Law enforcement, lawful reporting, and other legal proceedings Subsection (b)— (A) does not prohibit any lawful law enforcement, correctional, or intelligence activity; (B) shall not apply to an individual acting in good faith to report unlawful activity or in pursuance of a legal or other lawful obligation; and (C) shall not apply to a document production or filing associated with a legal proceeding. (2) Rule of construction Nothing in this subsection shall affect the liability protection provided under section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ). (e) Venue and extraterritoriality (1) Venue A prosecution under this section may be brought in a district in which— (A) the defendant or the depicted individual resides; or (B) the intimate visual depiction is distributed or made available. (2) Extraterritoriality There is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States. . (b) Clerical amendment The table of sections for chapter 88 of title 18, United States Code, is amended by adding at the end the following: 1802. Nonconsensual distribution of intimate visual depictions. . | https://www.govinfo.gov/content/pkg/BILLS-117s4991is/xml/BILLS-117s4991is.xml |
117-s-4992 | II 117th CONGRESS 2d Session S. 4992 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Scott of South Carolina (for himself and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Act of 1933 to extend the maximum period for which a company can be an emerging growth company from 5 years to 10 years.
1. Short title This Act may be cited as the Helping Startups Continue to Grow Act of 2022 . 2. Definition of emerging growth company (a) Definitions (1) Securities Act of 1933 Section 2(a)(19)(B) of the Securities Act of 1933 ( 15 U.S.C. 77b(a)(19)(B) ) is amended by striking fifth and inserting tenth . (2) Securities Exchange Act of 1934 Section 3(a)(80)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(80)(B) ) is amended by striking fifth and inserting tenth . (b) Rulemaking (1) In general Not later than 180 days after the date of enactment of this Act, the Securities Exchange Commission shall issue an interim final rule carrying out the amendment made by subsection (a). (2) Definitions In amending the definition of emerging growth company, as required under paragraph (1), the Securities Exchange Commission shall not make or solicit feedback on alterations to the definition of emerging growth company to narrow the definition or increase their regulatory obligations or restrictions of emerging growth companies. | https://www.govinfo.gov/content/pkg/BILLS-117s4992is/xml/BILLS-117s4992is.xml |
117-s-4993 | II 117th CONGRESS 2d Session S. 4993 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Education to award grants for outdoor learning spaces and to develop living schoolyards.
1. Short title This Act may be cited as the Living Schoolyards Act of 2022 . 2. Findings Congress finds the following: (1) City planning and urban development often disconnect communities from natural systems, such as forests, waterways, and wildlife habitats. Existing green spaces in our cities are not evenly distributed and the presence of neighborhood parks and nature-rich school grounds are strongly correlated with income in most cities across the United States. This means that communities with the fewest resources usually also have the least access to nature in their neighborhoods and on their school grounds. (2) Environmental sustainability has become a high priority in planning and design and should be incorporated in construction and renovation of schools across urban, suburban, and rural districts. (3) School districts are 1 of the largest land managers in almost every city and town in the United States. The choices schools and districts make about how they manage their land directly impacts students’ daily experiences, mental and physical health, and learning outcomes. Schools can benefit their students, educators, and surrounding communities through thoughtful design and use of their grounds, paying mind to local ecological, social, and cultural context. (4) On-campus green space designs have environmental and ecological resilience benefits, such as stormwater management, rainwater collection, carbon and runoff sequestration, air quality improvement, wildlife habitat restoration, and ecological resiliency. (5) The amount of time the average American child spends outdoors and distance traveled from the home unsupervised are in constant decline. (6) Adding green spaces to schoolyards has been linked to persistent changes in recess behavior, including increased physical activity and social collaboration. (7) Children spend a significant portion of their day on their school campuses, amounting to at least 840 instructional hours per year from grades 1 to 3, inclusive, and up to 1,080 hours for grades 9 to 12, inclusive. (8) Removing pavement and adding shade trees in places that are accessible to children and youth during the school day directly protects children from high temperatures and reduces urban heat islands in the surrounding community, while also making school grounds more comfortable for both children and adults. (9) An ecological schoolyard with trees and other plantings provides a peaceful, comfortable, and aesthetically pleasant environment for students, particularly for those students who lack the desire or ability to engage in competitive, fast-paced, or more structured activities. This has been shown to improve mental health and the ability to pay attention for both children and adults. The presence of trees on school grounds is associated with higher academic achievement for students. (10) Ecological schoolyards provide a diverse, engaging, multi-faceted play and social environment that encourages collaborative and cooperative play and social interaction, reducing the aggression and bullying that occurs on traditional playgrounds. (11) An on-campus green space, such as a school garden, is a fundamental component of a school environment intended to include and empower students, giving them a sense of place and community. (12) Schools are devoted to nurturing each child’s physical, cognitive, social, and emotional development and ability to assess challenging situations and make intelligent choices. (13) Children should be given the opportunity to reflect and embrace their local ecological, social, and cultural context in both recreational and instructional settings. (14) Outdoor learning spaces provide clearer context and hands-on teaching resources for standards-based instruction in life and physical sciences, health and nutrition, social science, mathematics, reading and creative writing, visual and performing art, and other subject areas. (15) Outdoor activity is essential to learning, health, and the overall quality of student life. 3. Definitions In this Act: (1) Elementary school The term elementary school means a public institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. (2) Living schoolyard The term living schoolyard — (A) means a park-like outdoor environment at an elementary school or secondary school that strengthens local ecological systems, provides hands-on learning resources, and fosters a wide range of play and social opportunities while enhancing health and well-being of children and adults; and (B) may include trees, gardens, outdoor meeting areas, and other elements designed by, and for, the students and the surrounding community. (3) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Outdoor learning space The term outdoor learning space means an outdoor physical space on school grounds that is— (A) dedicated to meet or conduct curriculum-tied activities; (B) a dedicated space for outdoor classrooms that has seating and tables installed for students and teachers to meet regularly; or (C) a place that is used when the need arises to take learning outdoors. (5) Secondary school The term secondary school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Secretary The term Secretary means the Secretary of Education. 4. Grant program for outdoor learning spaces (a) Authorization of program (1) Reservation for BIE From the amount appropriated under subsection (d) to carry out this section for a fiscal year, the Secretary shall reserve 5 percent for the Secretary of the Interior to carry out this section for schools operated by the Bureau of Indian Education or schools that are operated by an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act ( 25 U.S.C. 5321 et seq. ) or the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq. ). (2) Authorization The Secretary shall award grants to local educational agencies to enable the local educational agencies to develop outdoor learning spaces. (3) Grant amounts A grant awarded under this section shall be in an amount equal to not less than $10,000 and not more than $50,000 for each school to be served by the local educational agency with the grant. (b) Applications (1) In general A local educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the following: (A) An identification of each elementary school and secondary school served by the local educational agency that will receive assistance with grant funding provided under this section. (B) The timeframe needed to prepare outdoor learning spaces and the timeframe to begin using outdoor learning spaces. (C) The percentage of students the local educational agency serves who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). (D) The projected number of schools that would participate in the outdoor learning spaces. (E) The projected number of students and staff that would participate in the outdoor learning spaces on a daily basis. (F) A description of how the local educational agency will assist students and staff that may need inclement weather clothing to participate in the outdoor learning spaces. (2) Partnership A local educational agency may submit an application under paragraph (1) in partnership with a nonprofit organization that has expertise in outdoor learning spaces or outdoor education. (c) Use of funds A local educational agency that receives a grant under this section shall use the grant funds to develop outdoor learning spaces. Such outdoor learning spaces shall comply with at least 1 of the following: (1) The installation of canopies, tents, or similar structures that maximize air flow while providing shade and rain protection, including, if walls are included, any accommodations for reducing COVID–19 virus transmission recommended by the Centers for Disease Control and Prevention or local public health authorities. (2) The installation of open sided permanent outdoor structures, with or without large retractable doors. (3) The installation of electricity and outlets or portable generators that benefits student learning. (4) The installation of outdoor furniture, such as seating and tables or work surfaces, for staff and students. (5) The availability of storage for outdoor teaching materials or wagons or carts for each teacher to transport supplies to and from the outdoor learning spaces. (6) The installation of outdoor wifi nodes, and potable charging stations. (7) The installation of outdoor food service facilities for serving, eating, and waste management. (8) The installation of school garden infrastructure and plantings, such as raised garden beds, potting soil, hoses, and installation of native, low water, and food-producing plants that may help block the wind or provide shade. (9) The installation or planting of shade trees, positioned on school grounds where students can access them during the school day. Planting locations for shade trees shall be selected to improve the thermal comfort of outdoor learning spaces. (10) Removal of asphalt, concrete, or pavement, and soil conditioning. (11) The availability of weather related clothing and footwear. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2023 through 2027. 5. Living schoolyard projects (a) Planning grants (1) In general The Secretary shall award planning grants to local educational agencies to enable the agencies to develop master plans to turn some or all of the outdoor spaces of the elementary schools and secondary schools served by the agencies into living schoolyards. (2) Applications A local educational agency that desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the following: (A) An outline for, that includes the scope of, the master plan described in paragraph (3). (B) A plan for educator training and professional development in order to train teachers in utilizing the living schoolyard. (C) Identification of State learning standards that may be addressed through student involvement in the living schoolyard. (3) Master plan (A) In general A local educational agency that receives a grant under this subsection shall use the grant funds to develop a master plan to turn some or all of the outdoor spaces of the elementary schools and secondary schools served by the agency into living schoolyards. Such master plan shall— (i) be developed with community input; (ii) be developed with the goal of longevity and resilience of living schoolyards after the grant period under this subsection and subsection (b) has expired; and (iii) include— (I) ecological goals; (II) education and health goals; (III) the number of students to be served at each school served under the grant, the total size of each such school property in acres, and the size of the proposed living schoolyard at each site in acres; (IV) a master plan drawing of the living schoolyard design proposed for each school served under the grant; (V) an identification of community partners, including nonprofit organizations that have expertise in outdoor learning spaces or outdoor education, if applicable; and (VI) a longevity plan for how the local educational agency proposes to maintain the living schoolyards over time. (B) Components of a living schoolyard The master plan developed under subparagraph (A) may include the following designs for the living schoolyard: (i) Growing food, planting pollinator plants, and creating habitat for wildlife. (ii) Conserving water and observing things in nature. (iii) Drawing objects found in nature, documenting season’s change, and temperatures. (iv) Conducting experiments regarding soil, wind, water, and other elements. (v) Using the arts to prepare skits, plays, murals, drawings, and sculptures that celebrate nature, including its animals, plants, patterns, and behaviors. (vi) Displaying items found and celebrated, including leaves, seeds, cones, fruits, bones, and other items. (vii) Planting shade trees, which— (I) directly protect students from the effects of extreme heat due to climate change; and (II) cast shade on adjacent classroom windows in the school building to help reduce temperatures indoors and save cooling costs during the warmest parts of the school year. (b) Implementation grants (1) In general The Secretary shall award implementation grants to local educational agencies that received a planning grant under subsection (a) and developed a master plan in accordance with subsection (a). (2) Applications A local educational agency that desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. A local educational agency may apply for more than 1 grant in order to complete individual schools in separate phases. (3) Use of funds (A) In general A local educational agency that receives a grant under this subsection shall use the grant funds to carry out the master plan developed in accordance with subsection (a) by turning some or all of the outdoor spaces of the elementary schools and secondary schools served by the agency into living schoolyards. (B) Permissible uses A local educational agency that receives a grant under this subsection may use the grant funds— (i) for professional development for school leadership, educators, and paraprofessionals; and (ii) to support an educator or ancillary staff member to maintain the living schoolyards of the elementary schools and secondary schools served by the agency and provide professional development described in clause (i). (4) Match (A) In general A local educational agency that receives a grant under this subsection shall provide matching funds in an amount equal to 20 percent of the grant award. (B) Waiver The Secretary may waive the matching requirement under subparagraph (A) for local educational agency that receives a grant under this subsection and serves students not less than 40 percent of whom are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). (5) Authorization of appropriations There are authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2023 through 2027. 6. Clearinghouse The Secretary shall maintain a clearinghouse of information that— (1) provides examples of outdoor learning spaces, including successful models being used; (2) includes input from nonprofit organizations with expertise in outdoor learning spaces and environmental education; and (3) provides links and information about State and local entities with expertise in outdoor learning spaces and environmental education. | https://www.govinfo.gov/content/pkg/BILLS-117s4993is/xml/BILLS-117s4993is.xml |
117-s-4994 | II 117th CONGRESS 2d Session S. 4994 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Reserve Act to prohibit the Board of Governors of the Federal Reserve System from discontinuing Federal Reserve notes if a central bank digital currency is issued, and for other purposes.
1. Short title This Act may be cited as the No Digital Dollar Act . 2. Central bank digital currency (a) Federal Reserve notes Section 16 of the Federal Reserve Act is amended by adding after the 17th undesignated paragraph ( 12 U.S.C. 467 ) the following: The Board of Governors may not discontinue issuing Federal Reserve notes if a central bank digital currency is issued. . (b) Coins Section 5112 of title 31, United States Code, is amended by adding at the end the following: (aa) Central bank digital currency The Secretary of the Treasury may not discontinue minting and issuing coins under this section if a central bank digital currency is issued. . (c) Not legal tender No central bank digital currency shall be considered legal tender under section 5103 of title 31, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s4994is/xml/BILLS-117s4994is.xml |
117-s-4995 | II 117th CONGRESS 2d Session S. 4995 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Heinrich (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 require the Secretary of Agriculture and the Secretary of the Interior to prioritize the completion of the Continental Divide National Scenic Trail, and for other purposes.
1. Short title This Act may be cited as the Continental Divide Trail Completion Act . 2. Definitions In this Act: (1) Acequia The term acequia has the meaning given the term community ditch in New Mexico Stat. 73–2–27. (2) Land grant-merced The term land grant-merced means a community land grant issued under the laws or customs of the Government of Spain or Mexico that is recognized under chapter 49 of New Mexico Stat. (or a successor statute). (3) Optimal Location Review The term optimal location review means a review conducted in accordance with the process described in the guide entitled Continental Divide National Scenic Trail Optimal Location Review Guide and dated November 2017. (4) Secretaries The term Secretaries means each of the Secretary and the Secretary of the Interior. (5) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (6) Team The term Team means the joint Forest Service and Bureau of Land Management Trail completion team established under section 3(b). (7) Trail The term Trail means the Continental Divide National Scenic Trail established by section 5(a)(5) of the National Trails System Act ( 16 U.S.C. 1244(a)(5) ). 3. Continental Divide National Scenic Trail (a) Completion of trail (1) In general Not later than November 10, 2028, the Secretaries shall, to the maximum extent practicable, ensure the completion of the Trail as a contiguous route, consistent with sections 3(a)(2), 5(a)(5), and 7 of the National Trails System Act ( 16 U.S.C. 1242(a)(2) , 1244(a)(5), 1246). (2) Required activities The Secretaries shall, to the maximum extent practicable, carry out necessary activities to achieve the goal described in paragraph (1), including the following activities, in the following order of priority: (A) Complete the Trail by acquiring land or an interest in land, entering into easement agreements, or encouraging a State or local government to enter into a cooperative agreement to acquire any interest in land, that is necessary— (i) to eliminate gaps between sections of the Trail; and (ii) to maintain the nature and purposes of the Trail. (B) If appropriate and supported by local affected stakeholders, optimize the Trail by relocating, consistent with the nature and purposes of the Trail, existing incompatible portions of the Trail onto Federal land as necessary to provide for— (i) maximum outdoor recreation potential; (ii) the conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes; (iii) continuity in land ownership, if desired by the owner of the affected land; and (iv) segments of the Trail that are comparable in length to the segments of the Trail being relocated. (C) Publish maps of the completed corridor of the Trail. (b) Trail completion team (1) In general In carrying out subsection (a), not later than 1 year after the date of enactment of this Act, the Secretaries shall establish a joint Forest Service and Bureau of Land Management Trail completion team to work in coordination with the administrator of the Trail to facilitate the completion and optimization of the Trail, pursuant to the purposes of section 3(a)(2) of the National Trails System Act ( 16 U.S.C. 1242(a)(2) ), consistent with the nature and purposes of the Trail. (2) Duties of the Team The Team shall— (A) carry out land and right-of-way acquisitions, easement acquisitions, relocations, and Trail construction activities, consistent with any optimal location reviews, giving priority to land that— (i) eliminates gaps between segments of the Trail; (ii) may be acquired for the Trail by the Secretary or the Secretary of the Interior by— (I) purchase from a willing seller; (II) donation; (III) exchange; (IV) cooperative agreement; or (V) easement agreement; (iii) is best suited for inclusion in the Trail corridor in accordance with the purposes, policy, and provisions of the National Trails System Act ( 16 U.S.C. 1241 et seq. ); (iv) if appropriate and supported by local affected stakeholders, has been identified as a segment of the Trail on Federal land that should be relocated to provide for maximum outdoor recreation potential and the conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes; (v) mitigates land use conflicts; (vi) would support the development of rural communities through use as a trail; and (vii) minimizes the distance to connect compatible segments of the Trail; (B) provide the necessary administrative and technical support to complete conveyances of the Trail corridor under subsection (a); (C) as appropriate, consult with other Federal agencies, Governors of the affected States, affected Indian Tribes, local governments, affected land owners, land-grant mercedes, acequias, and applicable owners or users of a land grant-merced or acequia, the Continental Divide Trail Coalition, and other volunteer and nonprofit organizations that assist in the development, maintenance, and management of the Trail; and (D) support the Secretary in the development of the comprehensive development plan for the Trail under subsection (c) and annual reports under subsection (f). (c) Comprehensive Development Plan (1) In general Not later than 2 years after the date of establishment of the Team under subsection (b), 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 comprehensive development plan for the Trail. (2) Recommended inclusions The plan submitted under paragraph (1) should— (A) identify any gaps in the Trail with respect to which the Secretaries have not been able to acquire land or interests in land by purchase from a willing seller, donation, exchange, cooperative agreement, or easement agreement; (B) include a plan for closing the gaps identified under paragraph (1) by acquiring land or interests in land or entering into an easement agreement; and (C) include general and site-specific development plans, including anticipated costs. (d) Method of acquisition In carrying out this section, the Secretaries— (1) may acquire land or an interest in land only by— (A) purchase from a willing seller with donated or appropriated funds; (B) donation; (C) exchange; (D) cooperative agreement; or (E) easement agreement; and (2) may not acquire land or an interest in land by eminent domain. (e) Maintaining existing partnerships In carrying out this section, the Secretaries shall continue to maintain and develop working relationships with volunteer and nonprofit organizations that assist in the development, maintenance, and management of the Trail. (f) Reports Not later than September 30, 2024, and not later than the end of each fiscal year thereafter until the date on which the comprehensive development plan for the Trail is determined by the Secretary to be fully implemented, 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 report that includes the following: (1) A description of the progress of the Secretaries in acquiring land or interests in land to complete the Trail consistent with this Act. (2) The quantity of land or interests in land acquired during the fiscal year and the amount expended for the land or interests in land. (3) The quantity of land or interests in land planned for acquisition in the subsequent fiscal year and the estimated cost of the land or interests in land. (4) The estimated quantity of land or interests in land remaining to be acquired after taking into account the acquisitions under paragraphs (2) and (3). (5) The existing number of miles of the Trail on Federal land that need to be relocated to provide for— (A) maximum outdoor recreation potential; and (B) conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes. | https://www.govinfo.gov/content/pkg/BILLS-117s4995is/xml/BILLS-117s4995is.xml |
117-s-4996 | II 117th CONGRESS 2d Session S. 4996 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mrs. Shaheen (for herself and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the National Defense Authorization Act for Fiscal Year 2020 to modify the establishment of a coordinator for detained ISIS members and relevant displaced populations in Syria, and for other purposes.
1. Short title This Act may be cited as the Syria Detainee and Displaced Persons Act . 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (2) ISIS member The term ISIS member means a person who was part of, or substantially supported, the Islamic State in Iraq and Syria. (3) Senior Coordinator The term Senior Coordinator means the coordinator for detained ISIS members and relevant displaced populations in Syria designated under subsection (a) of section 1224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1642), as amended by section 5. 3. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) The Islamic State of Iraq and Syria (ISIS) rose to power in 2013 and reached its territorial peak in December 2014. (2) After the territorial defeat of ISIS in 2019, displacement camps began to house detained alleged ISIS members and families with perceived ISIS affiliation. (3) The al-Hol and Roj displacement camps, located in Syria near the Syria-Iraq border, now house a significant number of individuals affiliated with ISIS who live alongside other displaced persons. (4) The al-Hol camp currently contains approximately 56,000 residents— (A) an estimated 80 percent of whom are women and children; and (B) an estimated 50 percent of whom are under 12 years of age. (5) The al-Hol camp is severely underdeveloped, with ragged tents, primitive water and sewage facilities, and few healthcare facilities or safe spaces for education. (6) International organizations working in the al-Hol and Roj camps, including Save the Children, Doctors Without Borders, and the Norwegian Refugee Council, have all expressed concerns about poor living conditions, criminal behavior, and death threats against volunteers at the camps. (7) The Syrian Democratic Forces, essential partners in the ongoing fight to achieve an enduring defeat of ISIS, and who are responsible for guarding the al-Hol camp and other similar camps, assert that they lack the resources to properly secure such camps. (8) The United States currently has troops deployed in Syria to ensure the enduring defeat of ISIS and support the Syrian Democratic Forces. (9) In 2021, 90 incidents of violence were reported inside the al-Hol camp. Syrian and Iraqi camp residents and at least 2 aid workers were killed during such incidents. (10) Nearly 8,000 of the residents of the al-Hol camp come from roughly 55 countries other than Syria or Iraq, but such other countries have been slow to acknowledge repatriation requests. (11) Learning centers in the camps have closed because of COVID–19. Lacking formal education, some of the roughly 28,000 children inside the al-Hol camp are being taught by their mothers and are potentially being indoctrinated with ISIS ideology. (12) The Syrian Democratic Forces operate 28 prisons that house approximately 12,000 captured ISIS fighters and supporters. (13) In January 2022, 10 ISIS fighters entered the Hasakah prison and sought to liberate the approximately 5,000 ISIS prisoners. After a 10-day battle, hundreds of ISIS fighters were able to escape, and their whereabouts are still unknown. (14) Beginning approximately on August 25, 2022, and ending approximately on September 18, 2022, Syrian Democratic Forces, supported by United States troops, conducted an extensive security sweep of the al-Hol displaced persons camp, arresting 300 ISIS operatives, confiscating explosives, and liberating 6 women who had been enslaved by ISIS, at least 1 of whom had been so enslaved since she was a child. (15) In April 2022, General Michael Erik Kurilla, Commander of the United States Central Command, became the first senior official of United States Armed Forces to inspect the al-Hol camp and Hasakah prison. General Kurilla has described the ISIS detainees as an ISIS army-in-waiting that requires a whole-of-government approach focused on engagement with allies and partners. . (16) The first trial on United States soil of a major ISIS figure occurred in April 2022. The ISIS terrorist was sentenced to life in prison for his role in the kidnapping and murder of James Foley, Peter Kassig, Steven Sotloff, and Kayla Mueller. (b) Sense of Congress It is the sense of Congress that— (1) ISIS detainees held by the Syrian Democratic Forces and ISIS-affiliated individuals located within displaced persons camps in Syria pose a significant and growing humanitarian challenge and security threat to the region; (2) there is an urgent need to seek a sustainable solution to such camps through repatriation and reintegration of the inhabitants; (3) the United States should work closely with international allies and partners to facilitate the repatriation and reintegration efforts required to provide a long-term solution for such camps and prevent the resurgence of ISIS; and (4) if left unaddressed, such camps will continue to be drivers of instability that jeopardize the long-term prospects for peace and stability in the region. 4. Statement of policy It is the policy of the United States that— (1) ISIS-affiliated individuals located within displacement camps in Syria, and other inhabitants of displacement camps in Syria, be repatriated or, where appropriate, prosecuted, and where possible, reintegrated into their country of origin, consistent with all applicable international laws prohibiting refoulement; and (2) the camps will be closed as soon as is practicable. 5. Modification of establishment of coordinator for detained ISIS members and relevant displaced populations in Syria Section 1224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1642) is amended— (1) by striking subsection (a); (2) by amending subsection (b) to read as follows: (a) Designation (1) In general The President, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall designate an existing official to serve within the executive branch as senior-level coordinator to coordinate, in conjunction with other relevant agencies, all matters related to ISIS members who are in the custody of the Syrian Democratic Forces and other relevant displaced populations in Syria, including— (A) the disposition of such individuals, including in all matters related to— (i) repatriation, transfer, prosecution, and intelligence gathering; (ii) all multilateral and international engagements led by the Department of State and other agencies that are related to the current and future handling, detention, and prosecution of such ISIS members, including such engagements with the International Criminal Police Organization; and (iii) the coordination of the provision of technical and evidentiary assistance to foreign countries to aid in the successful prosecution of such ISIS members, as appropriate, in accordance with international humanitarian law and other internationally recognized human rights and rule of law standards; (B) all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Syria that hold family members of such ISIS members; (C) coordination with relevant agencies on matters described in this section; and (D) any other matter the Secretary of State considers relevant. (2) Rule of construction If, on the date of the enactment of the Syria Detainee and Displaced Persons Act , an individual has already been designated, consistent with the requirements and responsibilities described in paragraph (1), the requirements under that paragraph shall be considered to be satisfied with respect to such individual until the date on which such individual no longer serves as the Senior Coordinator. ; (3) in subsection (c), by striking subsection (b) and inserting subsection (a) ; (4) in subsection (e), by striking January 31, 2021 and inserting January 31, 2025 ; (5) in subsection (f)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): (2) Senior Coordinator The term Senior Coordinator means the individual designated under subsection (a). ; and (C) by adding at the end the following new paragraph: (4) Relevant agencies The term relevant agencies means— (A) the Department of State; (B) the Department of Defense; (C) the Department of the Treasury; (D) the Department of Justice; (E) the United States Agency for International Development; (F) the Office of the Director of National Intelligence; and (G) any other agency the President considers relevant. ; and (6) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively. 6. Strategy on ISIS-related detainee and displacement camps in Syria (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall submit to the appropriate committees of Congress an interagency strategy with respect to ISIS-affiliated individuals and ISIS-related detainee and other displaced persons camps in Syria. (b) Elements The strategy required by subsection (a) shall include— (1) methods to address— (A) disengagement from and prevention of recruitment into violence, violent extremism, and other illicit activity in such camps; (B) repatriation and, where appropriate, prosecution of foreign nationals from such camps, consistent with all applicable international laws; (C) the return and reintegration of displaced Syrian and Iraqi women and children into their communities of origin; (D) international engagement to develop processes for repatriation and reintegration of foreign nationals from such camps; (E) contingency plans for the relocation of detained and displaced persons who are not able to be repatriated from such camps; (F) efforts to improve the humanitarian conditions in such camps, including through the delivery of medicine, psychosocial support, clothing, education, and improved housing; and (G) assessed humanitarian and security needs of all camps and detainment facilities based on prioritization of such camps and facilities most at risk of humanitarian crises, external attacks, or internal violence; and (2) a plan to improve, in such camps— (A) security conditions, including by training of personnel and through construction; and (B) humanitarian conditions; (3) a framework for measuring progress of humanitarian, security, and repatriation efforts with the goal of closing such camps; and (4) any other matter the Secretary of State considers appropriate. 7. Annual interagency report (a) In general Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter through January 31, 2025, the Senior Coordinator, in coordination with the relevant agencies, shall submit to the appropriate committees of Congress a detailed report that includes the following: (1) A detailed description of the facilities and camps where detained ISIS members, and families with perceived ISIS affiliation, are being held and housed, including— (A) a description of the security and management of such facilities and camps (B) an assessment of resources required for the security of such facilities and camps; and (C) an assessment of the adherence by the operators of such facilities and camps to international humanitarian law standards. (2) A description of all efforts undertaken by the United States Government to address deficits in the humanitarian environment and security of such facilities and camps. (3) A description of all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Iraq, Syria, and any other area affected by ISIS activity, including a description of— (A) support for efforts by the Syrian Democratic Forces to facilitate the return and reintegration of displaced people from Iraq and Syria; (B) repatriation efforts with respect to displaced women and children; (C) any current or future potential threat to United States national security interests posed by detained ISIS members or displaced families, including an analysis of the al-Hol camp and annexes; and (D) United States Government plans and strategies to respond to any threat identified under subparagraph (C). (4) To the greatest extent practicable under the law and consistent with Department of Justice policy, an analysis of— (A) United States efforts to prosecute detained or displaced ISIS members; and (B) the outcomes of such efforts. (5) A detailed description of any option to expedite prosecution of any detained ISIS member, including in a court of competent jurisdiction outside of the United States. (6) An analysis of factors on the ground in Syria and Iraq that may result in the unintended release of detained or displaced ISIS members, and an assessment of any measures available to mitigate such releases. (7) A detailed description of efforts to coordinate the disposition and security of detained or displaced ISIS members with other countries and international organizations, including the International Criminal Police Organization, to ensure secure chains of custody and locations of such ISIS members. (8) An analysis of the manner in which the United States Government communicates on such proposals and efforts with the families of United States citizens believed to have been victims of a criminal act by a detained or displaced ISIS member. (9) An analysis of all efforts between the United States and partner countries within the Global Coalition to Defeat ISIS or other countries to share intelligence or evidence that may aid in the prosecution of ISIS members, and any legal obstacles that may hinder such efforts. (10) Any other matter the Coordinator considers appropriate. (b) Form The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. | https://www.govinfo.gov/content/pkg/BILLS-117s4996is/xml/BILLS-117s4996is.xml |
117-s-4997 | II 117th CONGRESS 2d Session S. 4997 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To prohibit agencies of the government from soliciting or entering into agreements with nongovernmental organizations to conduct voter registration or voter mobilization activities on the property or website of the agency or from using Federal funds to carry out activities directed under Executive Order 14019, and for other purposes.
1. Short title This Act may be cited as the Promoting Free and Fair Elections Act . 2. Prohibiting promotion of voter registration by agencies (a) Agreements with nongovernmental organizations None of the funds made available for the salaries and expenses of an agency may be used to solicit or enter into an agreement with a nongovernmental organization to conduct voter registration or voter mobilization activities, including registering voters or providing any person with voter registration materials, absentee or vote-by-mail ballot applications, voting instructions, or candidate-related information, on the property or website of the agency. (b) Activities under Executive Order 14019 (1) Delay in implementation (A) Delay Except as provided in subparagraph (B), none of the funds made available for the salaries and expenses of an agency may be used to implement activities directed under Executive Order 14019 (86 Fed. Reg. 13623) until— (i) in the case of an agency that is required to submit a report to the appropriate congressional committees under paragraph (2)(A), 180 days after the agency submits the report; or (ii) in the case of an agency that is required to submit a report to the appropriate congressional committees under paragraph (2)(B), the date on which the agency submits the report. (B) Exception Subparagraph (A) shall not apply to any activity described in section 7(c) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506(c) ). (2) Report Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to— (A) a copy of the strategic plan of the agency for promoting voter registration and voter participation under section 3(b) of Executive Order 14019 (86 Fed. Reg. 13623) that the agency developed or submitted to the Assistant to the President for Domestic Policy; or (B) if the agency did not develop or submit a plan described in subparagraph (A) to the Assistant to the President for Domestic Policy, a certification signed by the head of the agency that the agency did not develop or submit such a plan. (c) Effective date Except as provided in subsection (b)(2), this section shall apply with respect to fiscal year 2023 and each succeeding fiscal year. 3. Additional report on voter registration and mobilization Not later than 30 days after the date of enactment of this Act, the head of each agency shall submit to the appropriate congressional committees a report describing the activities carried out by the agency pursuant to sections 3 and 4 of Executive Order 14019 (86 Fed. Reg. 13623). 4. Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 3502(1) of title 44, United States Code, except that for purposes of section 2(b) of this Act such term does not include an independent regulatory agency as defined in section 3502(5) of title 44, United States Code. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Rules and Administration of the Senate; (B) the Committee on Judiciary of the Senate; (C) the Committee on Rules of the House of Representatives; and (D) the Committee on Judiciary of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s4997is/xml/BILLS-117s4997is.xml |
117-s-4998 | II 117th CONGRESS 2d Session S. 4998 IN THE SENATE OF THE UNITED STATES September 28, 2022 Ms. Duckworth (for herself, Mr. Casey , Mr. Schatz , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish uniform accessibility standards for websites and applications of employers, employment agencies, labor organizations, joint labor-management committees, public entities, public accommodations, testing entities, and commercial providers, and for other purposes.
1. Short title This Act may be cited as the Websites and Software Applications Accessibility Act . 2. Findings and purposes (a) Findings Congress finds the following: (1) Section 2(b)(1) of the Americans with Disabilities Act of 1990 states that the Act provides a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities ( 42 U.S.C. 12101(b)(1) ). (2) In 1990, websites and applications were essentially nonexistent, but Congress made clear that the ADA should keep pace with the rapidly changing technology of the times (H.R. Rep. No. 101–485, pt. 2, at 381 (1990)), as reprinted in 1990 U.S.C.C.A.N. 303, 391). (3) Section 102 of the ADA ( 42 U.S.C. 12112 ), section 202 of the ADA ( 42 U.S.C. 12132 ), and section 302 of the ADA ( 42 U.S.C. 12182 ) broadly prohibit discrimination on the basis of disability in regard to employment, services, programs, or activities of public entities, and of goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, respectively. (4) The Department of Justice has promulgated regulations to address the intersection of the ADA and emerging technologies, including the obligation to ensure effective communication with and by individuals with disabilities by using technologies such as video remote interpreting, real-time computer-aided transcription, open and closed captioning, audio description, videophones, captioned telephones, screen reader software, optical readers, and telephone systems that interact properly with internet-based relay systems. (5) The activities of a vast number of ADA-covered entities now occur in whole or in part through websites and applications, a shift that has been accelerated by a global pandemic. The digital economy accounts for nearly 10 percent of the United States gross domestic product, and 85 percent of United States adults visit the internet at least once per day. (6) Many entities, including those covered by the ADA, rely on third-party technology providers to deliver goods and services via websites and applications, yet these websites and applications are often created and developed in a manner that is inaccessible to individuals with disabilities. (7) Despite the ADA’s clear language covering all services, programs, and activities of public entities, all goods, services, facilities, privileges, advantages, and accommodations of public accommodations, and all terms, conditions, and privileges of employment and certain actions of employers, including when conducted through websites and applications, most websites and applications contain significant barriers for individuals with disabilities. (8) When Congress enacted the ADA in 1990, Congress intended for the ADA to keep pace with rapidly changing technology. The Department of Justice has rightly acknowledged that the ADA requires covered entities to ensure that their websites are accessible to individuals with disabilities. (9) Some courts have misconstrued the ADA, saying the ADA does not cover websites despite the clear language of the ADA’s provisions. (10) Without equal access to websites and applications, many individuals with disabilities are treated as second-class citizens and are excluded from equal participation in and equal access to all aspects of society. (b) Purpose It is the purpose of this Act— (1) to affirm that the ADA and this Act require that websites and applications used by any covered entity to communicate or interact with applicants, employees, participants, customers, or other members of the public be readily accessible to and useable by individuals with disabilities, whether the entity has a physical location or is digital only; (2) to require the Department of Justice and the Equal Employment Opportunity Commission to set and enforce standards for websites and applications and to periodically update such standards; (3) to address and remedy the systemic nationwide problem of inaccessible websites and applications that exclude individuals with disabilities from equal participation in and equal access to all aspects of society; and (4) to create effective mechanisms to respond to emerging technologies and to ensure that such technologies do not impair the rights and abilities of individuals with disabilities to participate in all aspects of society. 3. Definitions In this Act: (1) Accessible The term accessible or accessibility , used with respect to a website or application, means a perceivable, operable, understandable, and robust website or application that enables individuals with disabilities to access the same information as, to engage in the same interactions as, to communicate and to be understood as effectively as, and to enjoy the same services as are offered to, other individuals with the same privacy, same independence, and same ease of use as, individuals without disabilities. (2) Accessibility regulations The term accessibility regulations means the regulations issued under section 5 in accordance with this Act. (3) ADA The term ADA means the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (4) Application The term application means software that is designed to run on a device, including a smartphone, tablet, self-service kiosk, wearable technology item, or laptop or desktop computer or another device, including a device devised after the date of enactment of this Act, and that is designed to perform, or to help the user perform, a specific task. (5) Commercial provider The term commercial provider means any entity, including a public or private entity— (A) whose operations affect commerce; and (B) that designs, develops, constructs, alters, modifies, or adds an application or website for a covered entity (including a covered entity described in subparagraph (A) that takes such an action for the covered entity's product) for covered use. (6) Commission The term Commission means the Equal Employment Opportunity Commission. (7) Covered entity The term covered entity means an employment entity, public entity, public accommodation, or testing entity. (8) Covered use The term covered use means— (A) use by a public entity to provide a service, program, or activity, or information related to such service, program, or activity, covered under title II of the ADA ( 42 U.S.C. 12131 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1811 ), to an applicant, participant, or other member of the public; (B) use by a public accommodation or testing entity to provide a good, service, facility, privilege, advantage, or accommodation, or information related to such good, service, facility, privilege, advantage, or accommodation, to customers or other members of the public, regardless of whether the public accommodation or testing entity owns, operates, or utilizes a physical location for covered use; or (C) use by an employment entity in determining or conducting job application procedures, hiring, advancement, or discharge of employees, employee compensation, job training, or other term, condition, or privilege of employment, for employees or applicants to become employees. (9) Department The term Department means the Department of Justice. (10) Disability The term disability has the meaning given the term in section 3 of the ADA ( 42 U.S.C. 12102 ). (11) Employee The term employee has the meaning given the term in section 101 of the ADA ( 42 U.S.C. 12111 ). (12) Employer The term employer has the meaning given the term in section 101 of the ADA ( 42 U.S.C. 12111 ). (13) Employment agency The term employment agency has the meaning given the term in section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ). (14) Employment entity The term employment entity means an employer, employment agency, labor organization, or joint labor-management committee. (15) Information and communication technology The term information and communication technology — (A) means— (i) any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information; and (ii) other equipment or technology, or another system or process, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content; and (B) includes computers and peripheral equipment, information kiosks and transaction machines, telecommunications equipment, customer premises equipment, multifunction office machines, software, applications, websites, videos, and electronic documents. (16) Joint labor-management committee The term joint labor-management committee means a labor management committee established pursuant to section 205A of the Labor Management Relations Act, 1947 ( 29 U.S.C. 175a ) and engaged in commerce. (17) Labor organization The term labor organization has the meaning given the term in section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ). (18) Operable The term operable , used with respect to a website or application, means that user interface components and navigation for the website or application can be operated by individuals with disabilities. (19) Perceivable The term perceivable , used with respect to a website or application, means that information and user interface components for the website or application are presentable in ways that individuals with disabilities can perceive. (20) Public accommodation The term public accommodation means a private entity described in paragraph (7) of section 301 of the ADA ( 42 U.S.C. 12181 ) who owns, operates, or utilizes a website or application for covered use. (21) Public entity The term public entity has the meaning given the term public entity in section 201 of the ADA ( 42 U.S.C. 12131 ). (22) Qualified individual The term qualified individual , used with respect to an employee or an applicant to become an employee, has the meaning given the term in section 101 of the ADA ( 42 U.S.C. 12111 ). (23) Robust The term robust , used with respect to a website or application, means a website or application for which the content can be interpreted by and the interface can be accessed by a wide variety of tools, including assistive technology, used by individuals with disabilities. (24) Software definitions (A) Platform software (i) In general The term platform software means software— (I) that interacts with hardware or provides services for other software; (II) that may run or host other software, and may isolate the other software from underlying software or hardware layers; and (III) a single component of which may have both platform and non-platform aspects. (ii) Platform For purposes of clause (i), the term platform includes— (I) a desktop operating system; (II) an embedded operating system, including a mobile system; (III) a web browser; (IV) a plugin to a web browser that renders a particular media or format; and (V) a set of components that allows another application to execute, such as an application which supports macros or scripting. (B) Software In subparagraphs (A) and (C), the term software — (i) means a program, a procedure, and a rule (any of which may include related data or documentation), that directs the use and operation of information and communication technology to perform a given task or function; and (ii) includes applications, non-web software, platform software, and software tools. (C) Software tool (i) In general The term software tool means software— (I) for which the primary function is the development of other software; and (II) that usually comes in the form of an Integrated Development Environment and is a suite of related products and utilities. (ii) Integrated Development Environment In clause (i), the term Integrated Development Environment means an application such as— (I) Microsoft® Visual Studio®; (II) Apple® Xcode®; and (III) Eclipse Foundation Eclipse®. (25) State The term State means each of the several States, the District of Columbia, and any territory or possession of the United States. (26) Testing entity The term testing entity means any person whose operations affect commerce, as defined in section 301 of the ADA ( 42 U.S.C. 12181 ) and that offers examinations or courses related to, applying, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes. (27) Understandable The term understandable , used with respect to a website or application, means that the components of the user interface for the website or application, including any input fields, error messages, and correction opportunities, are predictable and can be understood and used by individuals with disabilities. (28) Website The term website means any collection of related web pages, images, videos, or other digital assets placed in one or more computer server-based file archives so that the collection can be accessed by applicants, employees, participants, customers, or other members of the public over the internet or through a private computer network. 4. Access to websites and applications (a) General rules for covered entities (1) Employment entity No employment entity shall subject to discrimination, related to a website or application owned, operated, or utilized for covered use by the employment entity, an individual with a disability in regard to an activity described in section 102 of the ADA ( 42 U.S.C. 12112 ). (2) Public entity No individual with a disability shall, by reason of such disability— (A) be excluded from participation in or be denied the benefits of the services, programs, or activities, or information related to such services, programs, or activities, offered through a website or application owned, operated, or utilized, for a covered use, by a public entity; or (B) be otherwise subjected to discrimination related to a website or application owned, operated, or utilized for covered use by a public entity. (3) Public accommodation and testing entity No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations, or information related to such goods, services, facilities, privileges, advantages, or accommodations, offered through a website or application owned, operated, or utilized for covered use by a public accommodation or testing entity. (b) Covered entities In order to comply with subsection (a), a covered entity shall meet the following requirements: (1) Accessibility A covered entity that engages in an activity described in section 102 of the ADA ( 42 U.S.C. 12112 ), or that provides goods, services, facilities, privileges, advantages, accommodations, programs, activities, or information related to such goods, services, facilities, privileges, advantages, accommodations, programs, or activities, through a website or application shall ensure that such website or application is accessible. (2) Effective communications A covered entity shall ensure that covered uses through websites and applications with applicants, employees, participants, customers, and other members of the public with disabilities are as effective as communications and interactions with individuals without disabilities. (c) Commercial providers No commercial provider shall design, develop, construct, alter, modify, or add to a website or application for a covered entity for covered use in a manner that results in the website or application that is not accessible, or otherwise provide a website or application to a covered entity for covered use that is not accessible. (d) Defenses and exemptions (1) Employment entities With respect to a claim that an employment entity violated this section, the entity shall not be considered to have violated this section if compliance with this section— (A) would impose an undue burden on the entity; or (B) would fundamentally alter the nature of the employment provided by the entity. (2) Public entities With respect to a claim that a public entity violated this section, the entity shall not be considered to have violated this section if compliance with this section— (A) would impose an undue burden on the entity; or (B) would fundamentally alter the nature of the services, programs, activities, or information provided by the entity. (3) Public accommodations or testing entities With respect to a claim that a public accommodation or testing entity violated this section, the accommodation or entity shall not be considered to have violated this section if compliance with this section— (A) would impose an undue burden on the accommodation or entity; or (B) would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, accommodations, or information provided by the accommodation or entity. (4) Commercial providers With respect to a claim that a commercial provider violated this section, the commercial provider shall not be considered to have violated this section if compliance with this section— (A) would impose an undue burden on the commercial provider; or (B) would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, accommodations, programs, activities, or information provided by the covered entity served. 5. Rulemaking (a) Public entities, public accommodations, and testing entities (1) Notice of proposed rulemaking Not later than 12 months after the date of enactment of this Act, the Attorney General shall issue, for purposes of section 4, a notice of proposed rulemaking regarding the accessibility of websites and applications applicable to covered entities that are public entities or public accommodations or testing entities, and the commercial providers for the three types of covered entities, for covered use. Such notice shall propose regulations to implement the accessibility obligations of this Act, and include standards for accessible websites and applications that offer equally effective experiences for users with disabilities and users without disabilities. (2) Final rule Not later than 24 months after the date of enactment of this Act, the Attorney General shall issue, for purposes of section 4, a final rule regarding the accessibility of websites and applications applicable to the covered entities, and the commercial providers, described in paragraph (1), for covered use. Such final rule shall implement the accessibility obligations of this Act and include standards for accessible websites and applications that offer equally effective experiences for users with disabilities and users without disabilities. (3) Public posting of enforcement actions Not later than 6 months after such issuance, the Attorney General shall, to the extent permitted by law, post publicly on the Department website any and all settlement documents and documents specifying other resolutions, resulting from the initiation of enforcement actions, or filing of administrative or civil actions, by the Attorney General pursuant to this Act concerning the covered entities, and the commercial providers, described in paragraph (1). (b) Employment entities (1) Notice of proposed rulemaking Not later than 12 months after the date of enactment of this Act, the Commission shall issue, for purposes of section 4, a notice of proposed rulemaking regarding the accessibility of websites and applications applicable to employment entities, and the commercial providers for employment entities, for covered use. Such notice shall propose regulations to implement the accessibility obligations of this Act, and include standards for accessible websites and applications that offer equally effective experiences for users with disabilities and users without disabilities. (2) Final rule Not later than 24 months after the date of enactment of this Act, the Commission shall issue, for purposes of section 4, a final rule regarding the accessibility of websites and applications applicable to the employment entities, and the commercial providers, described in paragraph (1), for covered use. Such final rule shall implement the accessibility obligations of this Act and include standards for accessible websites and applications that offer equally effective experiences for users with disabilities and users without disabilities. (3) Public posting of enforcement actions Not later than 6 months after such issuance, the Commission shall, to the extent permitted by law, post publicly on the Commission website any and all settlement documents, and documents specifying other resolutions, resulting from the initiation of enforcement actions, or filing of administrative or civil actions, by the Commission pursuant to this Act concerning the employment entities, and the commercial providers, described in paragraph (1). 6. Periodic review (a) Review For each of the first 3 years after the date of enactment of this Act, and every 2 years thereafter, each Federal agency receiving complaints or engaging in enforcement (including compliance reviews and investigations), administrative (including administrative resolution of a claim of a violation), or civil actions under this Act shall submit a report on the complaints and activities to the Department and the Commission. The Attorney General and the Commission shall, for each of the first 3 years and every 2 years thereafter, review complaints received and enforcement, administrative, or civil actions taken under this Act, to determine whether the purpose of this Act is being achieved. In conducting such reviews, the Attorney General and the Commission may award grants, contracts, or cooperative agreements to entities that have documented experience and expertise in collecting and analyzing data associated with implementing reviews of complaints, and enforcement, administrative, and civil actions. (b) Report The Attorney General and the Commission shall prepare a report containing the results of each such review of complaints and actions described in subsection (a), and shall submit the report to the Committee on Health, Education, Labor, and Pensions and the Committee on the Judiciary of the Senate and the Committee on Education and Labor and the Committee on the Judiciary of the House of Representatives. (c) Updated regulations The Attorney General and the Commission shall issue, in accordance with this Act, updated accessibility regulations every 3 years following the date of issuance of the initial accessibility regulations issued under this Act. 7. Enforcement and administrative action, and private right of action (a) Public entities, public accommodations, and testing entities (1) Civil action by Attorney General (A) In general (i) Investigation after a complaint On receiving a complaint filed by an individual with a disability, a class of individuals with disabilities, or an entity representing an individual with a disability or such a class, of a violation of paragraph (2) or (3) of subsection (a), as the case may be, or a complaint filed by a covered entity that is a public entity, public accommodation, or testing entity of a violation of subsection (c), of section 4 (including a related provision of the final rule issued under section 5(a)), the Attorney General may conduct an investigation. The investigation shall consist of a review of the corresponding website or application owned, operated, or utilized for covered use by such a covered entity, or provided to such a covered entity by a commercial provider, to determine whether the covered entity or commercial provider has violated the corresponding provision of section 4. (ii) Other investigation and review In addition, the Attorney General shall, on the Attorney General's own authority, investigate practices that may be violations of, and undertake periodic reviews of compliance of such covered entities and commercial providers with, the corresponding provision of section 4 (including a related provision of the final rule issued under section 5(a)). (iii) Determination of violation If, after investigation or review under this subparagraph, the Attorney General determines that such a covered entity or commercial provider has violated the corresponding provision of section 4 (including a related provision of the final rule issued under section 5(a)), the Attorney General may take administrative action (including administrative resolution of a claim of such a violation) or bring a civil action in a district court of the United States. (B) Intervention If the Attorney General brings such a civil action based on a complaint filed by an individual, class of individuals, or entity, described in subparagraph (A), including a covered entity described in subparagraph (A) alleging a violation by a commercial provider, such individual, class, or entity shall have the right to intervene in such civil action. (2) Civil action by others An individual, class, or entity, described in paragraph (1)(A), including a covered entity described in paragraph (1)(A) alleging a violation by a commercial provider, may bring a civil action alleging a violation of paragraph (2) or (3) of subsection (a), or subsection (c), as the case may be, of section 4 (including a related provision of the final rule issued under section 5(a)) in an appropriate State or Federal court without first filing a complaint with the Department or exhausting any other administrative remedies. (b) Employment entities (1) Civil action by Commission and Attorney General (A) In general (i) Investigation after a complaint On receiving a complaint filed by a qualified individual, a class of qualified individuals, or an entity representing a qualified individual or such a class, of a violation of subsection (a)(1), or a complaint filed by an employment entity of a violation of subsection (c), of section 4 (including a related provision of the final rule issued under section 5(b)), the Commission may conduct an investigation. The investigation shall consist of a review of the corresponding website or application owned, operated, or utilized for covered use by an employment entity, or provided to an employment entity by a commercial provider, to determine whether the employment entity or commercial provider has violated the corresponding provision of section 4. (ii) Other investigation and review In addition, the Commission shall, on the Commission's own authority, investigate practices that may be violations of, and undertake periodic reviews of compliance of employment entities and commercial providers with, the corresponding provision of section 4 (including a related provision of the final rule issued under section 5(b)). (iii) Determination of violation If, after investigation or review described in this subparagraph, the Commission determines that an employment entity or commercial provider has violated the corresponding provision of section 4 (including a related provision of the final rule issued under section 5(b)), the Commission may take administrative action (including administrative resolution of a claim of such a violation) or bring a civil action in a district court of the United States. (B) Intervention If the Commission brings such a civil action based on a complaint filed by a qualified individual, class of qualified individuals, or entity, described in subparagraph (A), including an employment entity alleging a violation by a commercial provider, such qualified individual, class, or entity shall have the right to intervene in such civil action. (2) Civil action by others A qualified individual, class, or entity, described in paragraph (1)(A), including an employee or employment entity alleging a violation by a commercial provider, may bring a civil action alleging a violation of subsection (a)(1) or subsection (c), as the case may be, of section 4 (including a related provision of the final rule issued under section 5(b)) in an appropriate State or Federal court without first filing a complaint with the Commission or exhausting any other administrative remedies. (3) Functions of the Attorney General The Attorney General shall carry out any function of the Commission under this subsection that the Attorney General carries out under section 107 of the ADA ( 42 U.S.C. 12117 ). (c) Relief (1) Civil action by Attorney General or Commissioner In a civil action brought under subsection (a)(1) or (b)(1), the Attorney General or Commissioner may seek— (A) a civil penalty and all appropriate injunctive relief to bring the affected website or application into compliance with section 4; and (B) on behalf of affected individuals, all economic and noneconomic damages including compensatory and punitive damages. (2) Civil action by others In a civil action brought under subsection (a)(2) or (b)(2), the plaintiff may seek all appropriate injunctive relief described in paragraph (1)(A) and the damages described in paragraph (1)(B). (3) Attorney’s fees The prevailing plaintiff (other than the United States) shall also be awarded reasonable attorney’s fees and costs. 8. Recommendations (a) Advisory committee (1) In general The Attorney General and the Commission shall establish a standing advisory committee (referred to in this section as the Committee ) on accessible websites and applications. The Committee shall be operated and receive resources in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), as an advisory committee under the authority of the Attorney General and Commission. (2) Composition In establishing the Committee, the Attorney General and the Commission— (A) shall include on the Committee— (i) individuals with disabilities (comprising a majority of the members of the Committee) who are— (I) individuals who are blind (including who have low vision), deaf, hard of hearing, or deafblind; (II) individuals who have speech disabilities; (III) individuals with physical disabilities including those with limited to no manual dexterity; and (IV) individuals who have disabilities not specified in any of subclauses (I) through (III); and (ii) experts regarding accessible websites and applications for individuals with disabilities; and (B) may include on the Committee representatives of— (i) State and local government; (ii) covered entities; (iii) commercial providers; (iv) testing entities; and (v) other entities determined to be appropriate by the Attorney General and the Commission. (3) Functions The Committee shall provide responsive, advice and guidance to the Attorney General and the Commission, for purposes of carrying out this Act, by— (A) conducting public meetings twice per year, at a minimum; (B) submitting reports and recommendations to the Attorney General and Commission, and making the reports and recommendations publicly available, every 2 years at a minimum; and (C) otherwise assisting the Attorney General and Commission in identifying and understanding the impact and implications of innovations with regard to accessible websites and applications. (b) Conferring The Attorney General and the Commission, in carrying out this Act, may confer with the National Council on Disability, the Architectural and Transportation Barriers Compliance Board, or any other Federal department or agency that may have relevant expertise or experience. 9. Technical assistance (a) Purpose It is the purpose of this section to establish a technical assistance center to provide, to covered entities, commercial providers, individuals with disabilities, and other members of the public, information, resources, and technical assistance regarding— (1) the design, development, construction, alteration, modification, or addition of accessible websites and applications in accordance with this Act; and (2) the rights of individuals with disabilities, covered entities, and commercial providers to access websites and applications in accordance with the ADA ( 42 U.S.C. 12101 et seq. ) and this Act. (b) Support for training and technical assistance From amounts made available under section 12, the Attorney General, in coordination with the Commission, the Secretary of Education, and other heads of Federal agencies, as appropriate shall award, on a competitive basis, at least 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support the development, establishment, and procurement of accessible websites and applications. (c) Application (1) In general To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require. (2) Input In awarding a grant, contract, or cooperative agreement under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Attorney General, in coordination with the Commission, the Secretary of Education, and other heads of Federal agencies, as appropriate— (A) shall consider the input of— (i) individuals with disabilities who are— (I) individuals who are blind (including individuals who have low vision), deaf, hard of hearing, or deafblind; (II) individuals who have speech disabilities; (III) individuals with physical disabilities, including individuals with limited to no manual dexterity; and (IV) individuals who have disabilities not specified in any of subclauses (I) through (III); and (ii) experts regarding accessible websites and applications for use by individuals with disabilities; and (B) may consider on the input of— (i) State and local government; (ii) covered entities; (iii) commercial providers; (iv) testing entities; and (v) other entities determined to be appropriate by the Attorney General, in coordination with the Commission, the Secretary of Education, and other heads of Federal agencies, as appropriate. (d) Authorized activities (1) Use of funds (A) Requests for information An entity receiving a grant, contract, or cooperative agreement under this section shall support a training and technical assistance program that addresses information requests, concerning accessible websites and applications, from covered entities and commercial providers, including requests for information regarding— (i) effective approaches for developing, establishing, and procuring accessible websites and applications; (ii) state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, receipt of funding for, and access to, accessible websites and applications; and (iii) examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and receipt of funding for accessible websites and applications. (B) Coordination An entity receiving a grant, contract, or cooperative agreement under this section may also provide technical assistance and training, concerning accessible websites and applications, for covered entities and commercial providers by— (i) facilitating onsite and electronic information sharing using state-of-the-art internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio or video broadcasts, on emerging topics regarding accessible websites and applications; (ii) convening experts to discuss and make recommendations with regard to national emerging issues regarding accessible websites and applications; (iii) sharing best practices and evidence-based practices in developing, establishing, and procuring accessible websites and applications; (iv) supporting and coordinating activities designed to reduce the financial costs of purchasing technology needed to access accessible websites and applications; and (v) carrying out such other activities as the Attorney General, in coordination with the Commission, the Secretary of Education, and other heads of Federal agencies, as appropriate may require. (C) Collaboration In developing and providing training and technical assistance under this section, an entity receiving a grant, contract, or cooperative agreement under this section shall collaborate with— (i) organizations representing individuals with disabilities; (ii) organizations or entities that provide services for individuals with disabilities, such as centers for independent living, as defined in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ); (iii) entities, such as the World Wide Web Consortium, who develop international standards for accessible websites and applications; (iv) entities or individuals with expertise and experience in enforcing disability rights law; and (v) other entities and technical assistance providers determined to be appropriate by the Attorney General, in coordination with the Commission, the Secretary of Education, and other heads of Federal agencies, as appropriate. 10. Study and report on emerging technologies (a) Study and report (1) In general The National Council on Disability (in this section referred to as the Council ) shall conduct a study and prepare a report on— (A) the effect that emerging technologies have on the ability of individuals with disabilities to participate in employment, education, government, health care, commerce, culture, and other aspects of society; and (B) the effectiveness of this Act in achieving its purpose. (2) Consideration of effect on individuals with particular barriers In conducting the study and preparing the report, the Council shall consider the effect of emerging technologies on individuals with disabilities who use those technologies and have particular barriers to such participation and communication, such as individuals with disabilities using those technologies— (A) who have limited language or limited English language; (B) who have significant or targeted disabilities (including people who are blind, deaf, or deafblind); (C) who have disabilities limiting communication; (D) whose household income is at or below 200 percent of the poverty line, as defined by the Federal poverty guidelines of the Department of Health and Human Services; (E) who lack access to broadband services and technology; or (F) who are multiply marginalized due to race, ethnicity, national origin, age, sex, sexual orientation, gender identity, or socioeconomic status. (b) Submission of report Five years after the date of enactment of this Act, the Council shall submit the report required under subsection (a) to the appropriate committees of Congress, which shall at minimum include the Committee on Health, Education, Labor, and Pensions and the Committee on the Judiciary of the Senate and the Committee on Education and Labor and the Committee on the Judiciary of the House of Representatives. 11. Rules of construction (a) Other provisions of law Nothing in this Act shall be construed to affect the scope of obligations imposed by any other provision of law, including— (1) section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), title II or III of the ADA ( 42 U.S.C. 12131 et seq. ), and section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ), that, consistent with this Act, prohibits an exclusion, denial, or any other discrimination described in section 4(a) by a covered entity, including any public accommodation, whether or not the entity has a physical location or is digital only, and whether or not such exclusion, denial, or discrimination takes place in a physical or digital location; and (2) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ) and section 255 of the Communications Act of 1934 ( 47 U.S.C. 255 ). (b) Relationship to other laws Nothing in this Act shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction, that provides greater or equal protection for the rights of individuals with disabilities than is afforded by this Act. (c) Consistent regulations Regulations promulgated under this Act shall be consistent with, and shall not contain a standard less protective of individuals with disabilities than, the standards contained in— (1) any regulations issued by the Attorney General or the Commission pursuant to— (A) title I of the ADA ( 42 U.S.C. 12111 et seq. ) for digital access to an item related to an activity described in section 102 of the ADA ( 42 U.S.C. 12112 ), by covered entities; (B) title II of the ADA ( 42 U.S.C. 12131 et seq. ) for digital access to services, programs, or activities, or information related to such services, programs, or activities of covered entities; or (C) title III of the ADA ( 42 U.S.C. 12181 et seq. ) for digital access to goods, services, facilities, privileges, advantages, accommodations, or information related to such goods, services, facilities, privileges, advantages, or accommodations of covered entities; and (2) the regulations issued by the Federal Communications Commission for video programming and communications services provided via websites and applications. (d) Prohibition on notification requirement The Attorney General and the Commission shall not include, in the accessibility regulations, any requirement that an individual shall notify a covered entity of an allegation of a violation of this Act prior to commencing a civil action under this Act. 12. Authorization of appropriations There are authorized to be appropriated— (1) $5,000,000 for each of fiscal years 2024 through 2028 to carry out sections 5, 6, 7, and 8; (2) $15,000,000 for each of fiscal years 2024 through 2028 to carry out section 9; and (3) $150,000 for the period of fiscal years 2024 through 2028 to carry out section 10. 13. Effective date This Act shall take effect 6 months after the date of enactment of this Act, except that section 4 shall apply to covered entities or commercial providers 12 months after that date of enactment. | https://www.govinfo.gov/content/pkg/BILLS-117s4998is/xml/BILLS-117s4998is.xml |
117-s-4999 | II 117th CONGRESS 2d Session S. 4999 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide exemptions from certain Jones Act restrictions to vessels providing disaster relief to Puerto Rico for the areas affected by Hurricane Fiona.
1. Short title This Act may be cited as the Puerto Rico Recovery Act . 2. Temporary exemptions from Jones Act restrictions for vessels providing hurricane relief to Puerto Rico (a) Temporary exemption for Puerto Rican hurricane relief (1) In general Notwithstanding sections 12112, 12103, and 55102 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating (referred to in this section as the Secretary ) shall exempt a vessel from the requirements of such sections if the Secretary determines that the owner or operator of the vessel has reasonably demonstrated that the exemption is needed to provide disaster relief to Puerto Rico for areas affected by Hurricane Fiona. (2) Process (A) Request An owner or operator of a vessel may request an exemption under paragraph (1), and the Secretary shall approve or deny the request by not later than 72 hours after the request is made. (B) Public denial statement In any case where the Secretary denies an exemption request under subparagraph (A), the Secretary shall promptly provide a public, detailed statement regarding the reasoning and analysis for the denial. (C) Deemed approval If the Secretary does not approve or deny a request according to the terms of subparagraph (A), the request shall be deemed to be approved. (b) Period of exemption An exemption approved under subsection (a) shall be valid until the earlier of— (1) the date that is 1 year after the date on which the exemption was approved; or (2) the date on which the major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 ) on September 22, 2022 expires. (c) Applicability This section, and any exemption issued under this section, shall cease to have effect on the date described in subsection (b)(2). | https://www.govinfo.gov/content/pkg/BILLS-117s4999is/xml/BILLS-117s4999is.xml |
117-s-5000 | II 117th CONGRESS 2d Session S. 5000 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Lee 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 prohibit investments under the Thrift Savings Plan in certain mutual funds that make investment decisions based primarily on environmental, social, or governance criteria, and for other purposes.
1. Short title This Act may be cited as the No ESG at TSP Act . 2. Prohibition on certain mutual funds under the Thrift Savings Plan (a) Definitions In this section: (1) Board; Executive Director The terms Board and Executive Director have the meanings given those terms in section 8401 of title 5, United States Code. (2) Covered sum The term covered sum means any sum of the Thrift Savings Fund that is invested in a mutual fund, exchange-traded fund, or other investment vehicle described in subparagraph (E) or (F) of section 8438(b)(5) of title 5, United States Code, as added by subsection (b). (3) Mutual fund window The term mutual fund window means the mutual fund window added by the Board pursuant to the authorization under section 8438(b)(5) of title 5, United States Code. (4) Participant The term participant has the meaning given the term in section 8471 of title 5, United States Code. (5) Thrift Savings Fund The term Thrift Savings Fund means the fund established under section 8437 of title 5, United States Code. (b) Prohibition (1) In general Section 8438(b)(5) of title 5, United States Code, is amended by adding at the end the following: (E) The Board may not offer through the mutual fund window any mutual fund, exchange-traded fund (as defined in section 270.6c–11 of title 17, Code of Federal Regulations, or any successor regulation), or other investment vehicle that invests in bonds or equities and that makes investment decisions based on ESG criteria, to the extent that those criteria are unrelated to maximizing monetary returns for investors. (F) The Board may not offer through the mutual fund window any mutual fund, exchange-traded fund (as defined in section 270.6c–11 of title 17, Code of Federal Regulations, or any successor regulation), or other investment vehicle that is marketed as making investment decisions based on ESG criteria. (G) In this paragraph, the term ESG criteria means any of the following criteria: (i) Environmental criteria, including— (I) emissions, climate change, sustainability, environmental justice, pollution, or conservation; or (II) whether a company is engaged in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy. (ii) Social criteria, including— (I) diversity criteria, including— (aa) the sex, race, ethnicity, gender identity, sexual orientation, or socioeconomic status of the owners, board members, employees, or customers of companies; or (bb) whether the board members, employees, or customers described in item (aa) are members of a labor organization (as that term is defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 )); or (II) whether a company is engaged in the manufacture, transportation, or sale of firearms, firearms accessories, or ammunition. (iii) Political criteria, including the perceived or actual political affiliations, donations, or associations of companies. (iv) Criteria for corporate governance standards that differ from the applicable standards required under State and Federal law, as in effect on the date of enactment of this subparagraph. . (2) Review and removal The Executive Director shall establish a process through which, during the period beginning on the date of enactment of this Act and ending on the effective date described in subsection (c), members of the Board shall— (A) identify investment vehicles that— (i) were added to the mutual fund window pursuant to the rule entitled Mutual Fund Window (87 Fed. Reg. 27917 (effective June 1, 2022)); and (ii) would violate subparagraph (E) or (F) of section 8438(b)(5) of title 5, United States Code, as added by paragraph (1); and (B) remove from the mutual fund window all investment vehicles identified under subparagraph (A). (3) Existing investments in impermissible mutual funds (A) Notice Not later than 30 days after the effective date described in subsection (c), the Executive Director shall notify each participant of the option to make an election under subparagraph (B). (B) Election During the 90-day period beginning on the day after the date on which the 30-day period described in subparagraph (A) ends, a participant may elect to have any covered sums credited to the account of that individual in the Thrift Savings Fund reinvested in accordance with section 8438 of title 5, United States Code, as amended by paragraph (1). (C) Mandatory reinvestment Beginning on the day after the date on which the 90-day period described in subparagraph (B) ends, the Board shall ensure that all covered sums with respect to which elections have not been made under that subparagraph are invested in the Government Securities Investment Fund established under section 8438(b)(1)(A) of title 5, United States Code. (4) Enforcement Section 8477(e)(3) of title 5, United States Code, is amended— (A) in subparagraph (B)(iii), by striking or at the end; (B) in subparagraph (C)(ii), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (D) by any participant or beneficiary against the Board— (i) to obtain any appropriate equitable relief to redress a violation of subparagraph (E) or (F) of section 8438(b)(5); (ii) to enjoin any act or practice which violates subparagraph (E) or (F) of section 8438(b)(5); or (iii) to obtain actual or compensatory damages to redress a violation of subparagraph (E) or (F) of section 8438(b)(5). . (c) Effective date The amendments made by paragraphs (1) and (4) of subsection (b) shall take effect on the date that is 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5000is/xml/BILLS-117s5000is.xml |
117-s-5001 | II 117th CONGRESS 2d Session S. 5001 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Heinrich (for himself, Mr. Hoeven , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Communications Act of 1934 to improve access by Indian Tribes to support from universal service programs of the Federal Communications Commission, and for other purposes.
1. Short title This Act may be cited as the Tribal Connect Act of 2022 . 2. Tribal essential community-serving institutions and universal service support Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ) is amended— (1) in subsection (h)(4), by inserting , except as provided in subsection (m)(2)(C), before is a library or library consortium ; and (2) by adding at the end the following: (m) Tribal essential community-Serving institutions and universal service support (1) Definitions In this subsection— (A) the term broadband internet access service has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation); (B) the term E-rate program means the universal service support mechanism for schools and libraries authorized under subsection (h)(1)(B), the rules of which are set forth under subpart F of part 54 of title 47, Code of Federal Regulations (or any successor regulations), as authorized under subsection (h)(2)(A); (C) the term essential community-serving institution means a facility exclusively owned by an Indian Tribe, including— (i) a Tribal government building, chapter house, longhouse, community center, senior center, or after-school facility; or (ii) any other public building similar to a building described in clause (i); (D) the term High-Cost Program means the program under which universal service support is awarded in high-cost areas in accordance with subpart D of part 54 of title 47, Code of Federal Regulations (or any successor regulations), as authorized under subsection (e); and (E) the term Indian Tribe has the meaning given the term Indian tribe in section 20.100 of title 25, Code of Federal Regulations (or any successor regulation). (2) Tribal essential community-serving institution pilot program (A) In general Not later than 180 days after the date of enactment of the Tribal Connect Act of 2022 , the Commission, in consultation with the Institute of Museum and Library Services and any other agency with relevant responsibilities, shall establish, as part of the universal service support programs carried out under this section, either as part of the High-Cost Program or as a standalone universal service pilot program, a pilot program to be known as the Tribal Essential Community-Serving Institution Program — (i) under which the Commission shall— (I) provide an opportunity for Indian Tribes to request broadband internet access service at essential community-serving institutions located on Tribal land; and (II) authorize support for the development of infrastructure to provide the services requested under subclause (I) in a manner similar to the deployment supported under the High-Cost Program; and (ii) which shall remain in effect through the end of fiscal year 2025. (B) Eligibility Universal service support obtained under this paragraph shall only be available if the applicable essential community-serving institution intends to deliver publicly available broadband internet access service and telecommunications services to students, teachers, librarians, and members of the community. (C) Eligibility for support after the demonstration program An essential community-serving institution that receives universal service support under this paragraph shall, after the conclusion of the pilot program described in subparagraph (A), be eligible for universal service support through existing (as of the date on which that pilot program concludes) and future universal service fund programs. (D) Use of contributions Of amounts collected under subsection (d), not more than $300,000,000 shall be made available to carry out the pilot program described in subparagraph (A). (3) Training and technical assistance for Indian Tribes and essential community-serving institutions (A) Technical assistance; annual reports (i) In general The Commission shall— (I) direct the administrator of the universal service support programs under this section to— (aa) provide technical assistance to ensure that Indian Tribes can participate fully and effectively in the universal service programs, including the E-rate program, including by conducting— (AA) outreach efforts targeted to Tribal schools and libraries, essential community-serving institutions, and Indian Tribes that do not have schools and libraries to promote awareness of the E-rate program and the demonstration programs; and (BB) specific training programs for Tribal schools and libraries, essential community-serving institutions, and Indian Tribes; and (bb) submit to the Commission an annual report regarding the provision of the technical assistance required under item (aa) during the year covered by the report; and (II) submit each annual report received under subclause (I)(bb) to— (aa) the Committee on Commerce, Science, and Transportation of the Senate; (bb) the Committee on Indian Affairs of the Senate; (cc) the Committee on Energy and Commerce of the House of Representatives; and (dd) the Committee on Natural Resources of the House of Representatives. (ii) Authorization of appropriations There are authorized to be appropriated $25,000,000 to provide the technical assistance required under clause (i)(I)(aa) for fiscal years 2023 through 2026. (B) Review of annual reports The Commission shall— (i) review each annual report received under subparagraph (A)(i)(I)(bb) to determine whether additional steps are necessary to ensure that Indian Tribes can participate fully and effectively in the universal service programs, including the E-rate program, so that all students who are members of Indian Tribes can have access to robust, high-speed broadband internet access service connections; and (ii) in conducting a review required under clause (i), consider the resources available to Tribal members through the entity responsible for administering the universal service programs established under this section. (C) Grants (i) In general The Institute of Museum and Library Services, in coordination with the Commission and the entity responsible for administering the universal service programs established under this section, shall make direct grants to essential community-serving institutions and Indian Tribes for technical assistance initiatives regarding the application process for the E-rate program and the pilot program established under paragraph (2). (ii) Authorization of appropriations There are authorized to be appropriated $25,000,000 to make the grants described in clause (i). (4) Coordination and performance measurement The Commission shall— (A) improve the reliability of the data of the Commission relating to institutions that receive universal service support by defining the term Tribal on the application for any such support; (B) develop performance goals and measures to track progress on achieving the strategic objective of the Commission of ensuring that all Indian Tribes have affordable access to broadband internet access service for educational purposes for students, teachers, librarians, and members of the community; (C) in coordination with the Institute of Museum and Library Services, identify, in the United States, all— (i) Tribal libraries; (ii) developing Tribal libraries; and (iii) Indian Tribes without adequate library services; and (D) not later than 2 years after the date of enactment of the Tribal Connect Act of 2022 , submit to Congress and make public a report on the goals and measures developed under subparagraph (B) and the list of libraries and Indian Tribes identified under subparagraph (C). (n) Appointment of Tribal member; expansion of office Not later than 180 days after the date of enactment of the Tribal Connect Act of 2022 , the Commission shall require the entity responsible for administering the universal service programs established under this section to— (1) appoint a member of an Indian Tribe, as defined in subsection (m)(1), to the board of directors of that entity; and (2) create or expand the office of that entity dealing with matters affecting Indian Tribes, as defined in subsection (m)(1). . | https://www.govinfo.gov/content/pkg/BILLS-117s5001is/xml/BILLS-117s5001is.xml |
117-s-5002 | II 117th CONGRESS 2d Session S. 5002 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Paul (for himself, Mr. Booker , Mr. Braun , Mr. Crapo , Mr. Marshall , Ms. Collins , Mr. King , Mr. Padilla , Mr. Sanders , Mr. Tuberville , Mr. Luján , and Mr. Scott of Florida ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To allow for alternatives to animal testing for purposes of drug and biological product applications.
1. Short title This Act may be cited as the FDA Modernization Act 2.0 . 2. Alternatives to animal testing (a) In general Section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) is amended— (1) in subsection (i)— (A) in paragraph (1)(A), by striking preclinical tests (including tests on animals) and inserting nonclinical tests ; and (B) in paragraph (2)(B), by striking animal and inserting nonclinical tests ; and (2) after subsection (y), by inserting the following: (z) Nonclinical test defined For purposes of this section, the term nonclinical test means a test conducted in vitro, in silico, or in chemico, or a non-human in vivo test that occurs before or during the clinical trial phase of the investigation of the safety and effectiveness of a drug, and may include animal tests, or non-animal or human biology-based test methods, such as cell-based assays, microphysiological systems, or bioprinted or computer models. . (b) Biosimilar biological product applications Item (bb) of section 351(k)(2)(A)(i)(I) of the Public Health Service Act ( 42 U.S.C. 262(k)(2)(A)(i)(I) ) is amended to read as follows: (bb) an assessment of toxicity (which may rely on, or consist of, a study or studies described in item (aa) or (cc)); and . | https://www.govinfo.gov/content/pkg/BILLS-117s5002cps/xml/BILLS-117s5002cps.xml |
117-s-5003 | II 117th CONGRESS 2d Session S. 5003 IN THE SENATE OF THE UNITED STATES September 29, 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 amend the Klamath Basin Water Supply Enhancement Act of 2000 to provide the Secretary of the Interior with certain authorities with respect to projects affecting the Klamath Basin watershed, and for other purposes.
1. Short title This Act may be cited as the Klamath Power and Facilities Agreement Support Act . 2. Klamath project water and power (a) Addressing water, power, and facilities management for irrigation Section 4 of the Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 ; 114 Stat. 2221; 132 Stat. 3886; 134 Stat. 976) is amended— (1) in subsection (b), by striking paragraph (1) and inserting the following: (1) In general Subject to appropriations and required environmental reviews, the Secretary is authorized to carry out activities, including entering into a contract or making financial assistance available through cooperative agreements or other methods, to plan, implement, and administer programs, including conservation and efficiency measures, land idling, and use of groundwater, to align water supplies and demand for irrigation water users associated with the Klamath Project, with a primary emphasis on programs developed or endorsed by local entities comprised of representatives of those water users. ; (2) in subsection (c), by adding at the end the following: (2) Implementation (A) In general Beginning not later than 180 days after the date of enactment of the Klamath Power and Facilities Agreement Support Act , the Secretary shall, through 1 or more cooperative agreements, financial assistance agreements, or other methods, implement, or support the implementation of, the recommendations identified in the report described in paragraph (1) that the Secretary determines would lead to bringing the net delivered power cost for covered power use to an amount that is the same as, or less than, the power cost benchmark, subject to the availability of appropriations, on the fastest timeline practicable, with respect to near- and long-term actions. (B) Requirement The implementation of recommendations under subparagraph (A) shall be carried out in accordance with— (i) the report submitted under paragraph (1); and (ii) any reports submitted under paragraph (3). (3) Additional reports Not later than April 30, 2025, and every 5 years thereafter, the Secretary shall submit to each committee described in the matter preceding subparagraph (A) of paragraph (1) a report that describes— (A) any progress toward meeting the requirements of this subsection; and (B) any modifications or updates to the actions recommended under paragraph (1)(B). ; and (3) by adding at the end the following: (d) Restoration Activities The Secretary may— (1) plan, design, construct, operate, and maintain projects in the Klamath Basin watershed, including— (A) facilities to reduce fish entrainment; (B) projects that reduce or avoid impacts on aquatic resources of facilities involved in the storage or diversion of water for irrigation in the Klamath Project service area; and (C) projects that restore habitats in the Klamath Basin watershed, including Tribal fishery resources held in trust; (2) undertake studies, including feasibility studies, and improvements that the Secretary determines to be necessary to implement this subsection; (3) in implementing this subsection, enter into contracts, memoranda of understanding, financial assistance agreements, cost-sharing agreements, or other appropriate agreements with— (A) State, Tribal, and local governmental agencies; and (B) private parties; and (4) accept and expend non-Federal funds in order to facilitate implementation of this subsection. (e) Goals The goals of activities under subsections (b) and (d) shall include, as applicable— (1) the short-term and long-term reduction and resolution of conflicts relating to water in the Klamath Basin watershed; and (2) compatibility and utility for protecting natural resources throughout the Klamath Basin watershed, including the protection, preservation, and restoration of Klamath River Tribal fishery resources, particularly through collaboratively developed agreements. (f) Pumping Plant D The Secretary may enter into 1 or more agreements with the Tulelake Irrigation District to reimburse the Tulelake Irrigation District for not more than 69 percent of the cost incurred by the Tulelake Irrigation District for the operation and maintenance of Pumping Plant D, subject to the condition that the cost results in benefits to the United States. (g) Keno and Link river dams The Secretary shall comply with the terms of the agreement entitled 2016 Klamath Power and Facilities Agreement , including Attachment A to the agreement. (h) Replacement of C Canal flume (1) In general The replacement of the C Canal flume within the Klamath Project shall be considered to be, and shall receive the treatment authorized for, qualified emergency extraordinary operation and maintenance work in accordance with Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq. )). (2) Contract (A) In general Not later than 180 days after the date of receipt of a request from the Klamath Irrigation District to enter into a contract with the Klamath Irrigation District to amend the contract numbered 16–WC–20–4838, the Secretary shall enter into a contract with the Klamath Irrigation District providing that— (i) 35 percent of the total repayment obligation under the contract entered into under this subparagraph is nonreimbursable to the United States; and (ii) 65 percent of the total repayment obligation under the contract entered into under this subparagraph shall be repaid to the United States over a period of 50 years. (B) Inclusion Although the Secretary shall not condition the agreement to the contract entered into under subparagraph (A) on any other term, the contract may include other terms that are not less favorable to the contractor than contract numbered 16–WC–20–4838. . (b) Administration; effect (1) Compliance In implementing the amendments made by this section, the Secretary of the Interior shall comply with— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) all other applicable laws. (2) Effect None of the amendments made by this section— (A) modify any authority or obligation of the United States with respect to any Tribal trust or treaty obligation of the United States; (B) (i) create or determine any water right; or (ii) affect any water right or water right claim in existence on the date of enactment of this Act; or (C) authorize the use of Federal funds for the physical deconstruction of the Iron Gate, Copco 1, Copco 2, or John C. Boyle Dam located on the Klamath River in the States of California and Oregon. | https://www.govinfo.gov/content/pkg/BILLS-117s5003is/xml/BILLS-117s5003is.xml |
117-s-5004 | II 117th CONGRESS 2d Session S. 5004 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Rounds (for himself and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Financial Stability Act of 2010 to provide relief to nonbanks from certain stress test requirements under that Act.
1. Short title This Act may be cited as the Alleviating Stress Test Burdens to Help Investors Act . 2. Stress test relief for nonbanks Section 165(i)(2) of the Financial Stability Act of 2010 ( 12 U.S.C. 5365(i)(2) ) is amended— (1) in subparagraph (A), in the second sentence, by striking are regulated by a primary Federal financial regulatory agency and inserting the following: the primary financial regulatory agency with respect to which is a Federal banking agency or the Federal Housing Finance Agency ; (2) in subparagraph (C), in the matter preceding clause (i), by striking Each Federal primary financial regulatory agency and inserting Each Federal banking agency and the Federal Housing Finance Agency ; and (3) by adding at the end the following: (D) SEC and CFTC The Securities and Exchange Commission and the Commodity Futures Trading Commission may each issue regulations requiring financial companies with respect to which the applicable agency is the primary financial regulatory agency to conduct periodic analyses of the financial condition, including available liquidity, of those companies under adverse economic conditions. . | https://www.govinfo.gov/content/pkg/BILLS-117s5004is/xml/BILLS-117s5004is.xml |
117-s-5005 | II 117th CONGRESS 2d Session S. 5005 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Rounds (for himself, Ms. Lummis , Mr. Tillis , Mr. Hagerty , Mr. Boozman , Mr. Daines , Mr. Grassley , and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Act of 1933 to require that information required to be disclosed to the Securities and Exchange Commission by issuers be material to investors of those issuers, and for other purposes.
1. Short title This Act may be cited as the Mandatory Materiality Requirement Act of 2022 . 2. Limitation on disclosure requirements (a) Securities Act of 1933 Section 2(b) of the Securities Act of 1933 ( 15 U.S.C. 77b(b) ) is amended— (1) in the subsection heading, by inserting ; limitation on disclosure requirements after Formation ; (2) by striking Whenever and inserting the following: (1) In general Whenever ; and (3) by adding at the end the following: (2) Limitation (A) In general Whenever pursuant to this title the Commission is engaged in rulemaking regarding disclosure obligations of issuers, the Commission may impose a disclosure requirement on an issuer only if the Commission expressly determines that there is a substantial likelihood that a reasonable investor of the issuer would consider the information disclosed to the Commission under the requirement to be important with respect to an investment decision regarding the issuer. (B) Applicability Subparagraph (A) shall not apply with respect to the removal of any disclosure requirement with respect to an issuer. (C) Rule of construction For the purposes of this paragraph, information is important with respect to an investment decision made by an investor if there is a substantial likelihood that the investor would view the failure to disclose that information as having significantly altered the total mix of information made available to the investor. . (b) Securities Exchange Act of 1934 Section 3(f) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(f) ) is amended— (1) in the subsection heading, by inserting ; limitation on disclosure requirements after Formation ; (2) by striking Whenever and inserting the following: (1) In general Whenever ; and (3) by adding at the end the following: (2) Limitation (A) In general Whenever pursuant to this title the Commission is engaged in rulemaking regarding disclosure obligations of issuers, the Commission may impose a disclosure requirement on an issuer only if the Commission expressly determines that there is a substantial likelihood that a reasonable investor of the issuer would consider the information disclosed to the Commission under the requirement to be important with respect to an investment decision regarding the issuer. (B) Applicability Subparagraph (A) shall not apply with respect to the removal of any disclosure requirement with respect to an issuer. (C) Rule of construction For the purposes of this paragraph, information is important with respect to an investment decision made by an investor if there is a substantial likelihood that the investor would view the failure to disclose that information as having significantly altered the total mix of information made available to the investor. . | https://www.govinfo.gov/content/pkg/BILLS-117s5005is/xml/BILLS-117s5005is.xml |
117-s-5006 | II 117th CONGRESS 2d Session S. 5006 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Kaine (for himself, Mr. Van Hollen , Mr. Cardin , Mr. Coons , Mr. Padilla , Mr. Warner , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To designate the month of September as African Diaspora Heritage Month.
1. Short title This Act may be cited as the African Diaspora Heritage Month Act of 2022 . 2. Findings Congress finds that— (1) the African diaspora population in the United States has grown significantly in recent years, with the number of African immigrants growing at a rate of almost 246 percent from 2000 to 2019; (2) the African diaspora community is one of the most diverse communities in the United States, inclusive of people who speak multiple languages, whose rich heritage comes from all across the African continent, and whose members practice various faiths; (3) during the 17th, 18th, and 19th centuries, a significant number of enslaved people from Africa were brought to the United States; (4) immigrants of African origin boast some of the highest educational achievements of any immigrant group; (5) African diaspora households contribute billions of dollars to the economy of the United States, with an estimated $10,100,000,000 in Federal taxes, $4,700,000,000 in State and local taxes, and a spending power of more than $40,300,000,000 in 2015; (6) Sub-Saharan African immigrants living in the United States, Europe, and elsewhere sent back $46,000,000,000 in remittances to the continent of Africa in 2021; (7) Government agencies, including the International Development Finance Corporation, the Department of Commerce, the Department of the Treasury, and the United States Trade Representative are critical to investments and enduring mutual partnerships between the United States and African nations; (8) in 2019, through the African Growth and Opportunity Act ( 19 U.S.C. 3701 et seq. ), the United States imported $8,400,000,000 in goods, up 2.4 percent as compared to 2001; (9) Prosper Africa and other similar Government initiatives are critical to building and strengthening ties between the United States and African businesses; (10) the total two-way goods trade with Sub-Saharan Africa totaled $44,900,000,000 in 2021, a 22 percent increase from $36,800,000,000 in 2019; (11) the African diaspora plays an invaluable role in shaping Government policy; (12) members of the African diaspora have an invaluable understanding of cross-cultural engagement between the United States and Africa, existing relations and networks on the African continent, and can support efforts to facilitate stronger ties between the United States and Africa; (13) the United States is committed to strengthening the government-to-government relationships between the United States and countries throughout the African continent; (14) Congress strongly supports the United States hosting a second United States-Africa Leaders Summit in December 2022, and urges collaboration between the Government and the African diaspora community in the United States in advance, during, and after the Summit as an opportunity to strengthen ties between the United States and African nations; (15) the African diaspora harbors a deep commitment to family and community, an enduring work ethic, and a perseverance to succeed and contribute to the society of the United States; and (16) all members of the African diaspora in the United States deserve access to Federal resources and a voice in the Government of the United States. 3. African Diaspora Heritage Month (a) In general Chapter 1 of title 36, United States Code, is amended— (1) by redesignating the second section 146 as section 147; and (2) by adding at the end the following: 148. African Diaspora Heritage Month (a) Designation September is African Diaspora Heritage Month. (b) Proclamations The President is requested to issue each year a proclamation calling on the people of the United States, and the chief executive officers of each State of the United States, the District of Columbia, and each territory and possession of the United States are requested to issue each year proclamations calling on the people of their respective jurisdictions, to observe African Diaspora Heritage Month with appropriate programs, ceremonies, and activities. . (b) Technical and conforming amendment The table of sections for chapter 1 of title 36, United States Code, is amended— (1) by striking the item relating to the second section 146 and inserting the following: 147. Choose Respect Day. 148. African Diaspora Heritage Month. . | https://www.govinfo.gov/content/pkg/BILLS-117s5006is/xml/BILLS-117s5006is.xml |
117-s-5007 | II 117th CONGRESS 2d Session S. 5007 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mrs. Fischer (for herself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Credit Act of 1978 to remove barriers to agricultural producers in accessing funds to carry out emergency measures under the emergency conservation program, and for other purposes.
1. Short title This Act may be cited as the Emergency Conservation Program Improvement Act of 2022 . 2. Improving the Emergency Conservation Program Section 401 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2201 ) is amended— (1) in subsection (b)— (A) in the subsection heading, by inserting and other emergency conservation measures after fencing ; and (B) in paragraph (1)— (i) by inserting or other emergency measures to replace or restore farmland or conservation structures requiring an immediate response (as determined by the Secretary), after replacement of fencing, ; and (ii) by striking option of receiving and all that follows through the period at the end and inserting the following: option of receiving, before the agricultural producer carries out the repair, replacement, or restoration— (A) with respect to a payment to the agricultural producer for a replacement, 75 percent of the cost of the replacement, as determined by the Secretary based on the fair market value of the cost of the replacement using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service; and (B) with respect to a payment to the agricultural producer for a repair or restoration, 50 percent of the cost of the repair or restoration, as determined by the Secretary based on the fair market value of the cost of the repair or restoration using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service. ; and (2) by adding at the end the following: (c) Wildfire determination A wildfire that causes damage eligible for a payment under subsection (a) includes— (1) a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes; and (2) a wildfire that is caused by the Federal Government. . 3. Improving the Emergency Forest Restoration Program Section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 ) is amended— (1) in subsection (a)(2), by striking wildfires, and inserting wildfires (including a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes and a wildfire that is caused by the Federal Government), ; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following: (e) Advance payments (1) In general The Secretary shall give an owner of nonindustrial private forest land the option of receiving, before the owner carries out emergency measures under this section, not more than 75 percent of the cost of the emergency measures, as determined by the Secretary based on the fair market value of the cost of the emergency measures using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service. (2) Return of funds If the funds provided under paragraph (1) are not expended by the end of the 60-day period beginning on the date on which the owner of nonindustrial private forest land receives those funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary. . | https://www.govinfo.gov/content/pkg/BILLS-117s5007is/xml/BILLS-117s5007is.xml |
117-s-5008 | II 117th CONGRESS 2d Session S. 5008 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To promote affordable access to evidence-based opioid treatments under the Medicare program and require coverage of medication assisted treatment for opioid use disorders, opioid overdose reversal medications, and recovery support services by health plans without cost-sharing requirements.
1. Short title This Act may be cited as the Maximizing Opioid Recovery Emergency Savings Act or the MORE Savings Act . 2. Testing of elimination of Medicare cost-sharing for evidence-based opioid treatments Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) ) is amended— (1) in subparagraph (A), in the last sentence, by inserting , and shall include the model described in subparagraph (D) (which shall be implemented by not later than six months after the date of the enactment of the Maximizing Opioid Recovery Emergency Savings Act) before the period at the end; and (2) by adding at the end the following new subparagraph: (D) Affordable access to evidence-based opioid treatments (i) In general The model described in this subparagraph is a model that seeks to provide affordable access to evidence-based opioid treatments and community-based recovery support services by eliminating coinsurance, copayments, and deductibles otherwise applicable under parts B and D of title XVIII (including as such parts are applied under part C of such title) for the following items and services that are otherwise covered under such parts: (I) Drugs and biologicals prescribed or furnished to treat opioid use disorders or reverse overdose. (II) Behavioral health and community support services furnished for the treatment of opioid use disorders, including treatment of addiction in non-hospital residential facilities licensed to furnish such treatment. (III) Recovery support services to maintain a healthy lifestyle following opioid misuse treatment, such as peer counseling and transportation. (ii) Selection of sites The CMI shall select 15 States in which to conduct the model under this subparagraph. A State shall meet each of the following criteria in order to be selected under the preceding sentence: (I) The State has a high proportion of Medicare beneficiaries. (II) The State has a high rate of overdose deaths due to opioids. (III) The State has a significant percentage of rural areas. (iii) Termination and modification provision not applicable for first five years of the model The provisions of paragraph (3)(B) shall apply to the model under this subparagraph beginning on the date that is five years after such model is implemented, but shall not apply to such model prior to such date. . 3. Coverage of opioid treatments Title XXVII of the Public Health Service Act is amended by inserting after section 2719A ( 42 U.S.C. 300gg–19a ) the following: 2720. Coverage of opioid treatments 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— (1) prescription drugs for the treatment of opioid use disorders or to reverse overdose; (2) behavioral health services for the treatment of opioid use disorders, including treatment of addiction in non-hospital residential facilities licensed to furnish such treatment; or (3) community recovery support services that are provided in conjunction with, where appropriate, medication-assisted treatment for an opioid use disorder, such as peer counseling and transportation, to support the enrollee in maintaining a healthy lifestyle following opioid misuse treatment. . 4. Enhanced Federal match for medication-assisted treatment and recovery support services under Medicaid (a) In general Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended by adding at the end the following: Notwithstanding the first sentence of this subsection, the Federal medical assistance percentage shall be 90 percent with respect to amounts expended during the period described in subsection (a)(29) by a State that is one of the 50 States or the District of Columbia as medical assistance for medication-assisted treatment (as defined in subsection (ee)(1)). . (b) State option To provide recovery support services as part of medication-Assisted treatment Section 1905(ee)(1) of the Social Security Act ( 42 U.S.C. 1396d(ee)(1) ) is amended— (1) in subparagraph (A), by striking ; and and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (C) at the option of a State, includes recovery support services, such as peer counseling and transportation, that are provided to an individual in conjunction with the provision of such drugs and biological products to support the individual in maintaining a healthy lifestyle following opioid misuse treatment. . | https://www.govinfo.gov/content/pkg/BILLS-117s5008is/xml/BILLS-117s5008is.xml |
117-s-5009 | II 117th CONGRESS 2d Session S. 5009 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mrs. Shaheen (for herself, Ms. Collins , Mr. Reed , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require certain information and financial assistance under the State energy program and the Weatherization Assistance Program to be distributed without undue delay to support State and local high-impact energy efficiency and renewable energy initiatives, and for other purposes.
1. Short title This Act may be cited as the Investing in State Energy Act of 2022 . 2. Timing for distribution of certain information and financial assistance under the Weatherization Assistance Program and the State energy program (a) Timing for distribution of certain information and financial assistance under the weatherization assistance program Section 417 of the Energy Conservation and Production Act ( 42 U.S.C. 6867 ) is amended— (1) in subsection (d), by striking the subsection designation and all that follows through Payments and inserting the following: (d) Method and timing of payments (1) In general Payments ; and (2) by adding at the end the following: (2) Timing On receipt of a plan adopted pursuant to section 415(b), the Secretary shall distribute funds to the State, Indian Tribe, or other direct recipient to which the plan applies as quickly as practicable. (e) Distribution of information Not later than 60 days after the date on which funds have been made available to provide assistance under this part, the Secretary shall— (1) release application guidance to States, Indian Tribes, and other direct recipients of assistance under this part; and (2) publish the allocation of assistance to be provided to States, Indian Tribes, and other direct recipients of assistance under this part in accordance with the applicable distribution formula for the fiscal year. . (b) Timing for distribution of certain information and financial assistance under the State energy program Section 363 of the Energy Policy and Conservation Act ( 42 U.S.C. 6323 ) is amended by adding at the end the following: (f) Distribution of information Not later than 60 days after the date on which funds have been made available to provide financial assistance under this section, the Secretary shall— (1) release application guidance for financial assistance for energy conservation plans under this section; and (2) publish the allocation of assistance to be provided to States under this section in accordance with the applicable distribution formula for the fiscal year, including pursuant to subsection (b). (g) Timing of payments On receipt of a State energy conservation plan submitted under section 362, the Secretary shall distribute funds to a State as quickly as practicable. . | https://www.govinfo.gov/content/pkg/BILLS-117s5009is/xml/BILLS-117s5009is.xml |
117-s-5010 | II 117th CONGRESS 2d Session S. 5010 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Graham introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To terminate United States economic and military assistance to any country that recognizes Russia's efforts to annex any part of Ukraine.
1. Short title This Act may be cited as the Ensuring Ukrainian Sovereignty Act . 2. Purpose The purpose of this Act is to ensure that any country that recognizes the annexation by the Russian Federation of any part of Ukraine, including any territory taken from Ukraine beginning in 2014 and the results of any referenda sponsored by the Russian Federation that are held within Russian-occupied areas of Ukraine’s Donetsk, Luhansk, Zaporizhzhia, and Kherson regions, does not receive any economic or military assistance from the United States. 3. Termination of foreign assistance (a) Restriction The President shall immediately terminate all economic and military assistance from the United States to any country that recognizes any annexation described in section 2 and is prohibited from providing any such assistance to any such country. (b) Report The President shall— (1) submit a report to Committee on Foreign Relations of the Senate , the Committee on Armed Services of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , the Committee on Armed Services of the House of Representatives , and the Committee on Foreign Affairs of the House of Representatives that— (A) lists all of the countries that are subject to the restrictions described in subsection (a); and (B) identifies the amount of funding affected by such restrictions, disaggregated by country and program; and (2) submit an update of such report to the committees referred to in paragraph (1) whenever a country is added to, or removed from, the list referred to in paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s5010is/xml/BILLS-117s5010is.xml |
117-s-5011 | II 117th CONGRESS 2d Session S. 5011 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Carper (for himself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to establish a demonstration project testing Whole Child Health Models, and for other purposes.
1. Short title This Act may be cited as the Kickstarting Innovative Demonstrations Supporting Kids Health Act of 2022 or the KIDS Health Act of 2022 . 2. Establishment of whole child health models Section 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended by adding at the end the following new subsection: (cc) Whole child health demonstration project (1) In general The Secretary, acting through the Deputy Administrator and Director of the Center for Medicaid and CHIP Services, shall conduct a demonstration project (referred to in this subsection as the demonstration project ) under which participating States shall design and implement whole child health models in 1 or more target communities in accordance with the requirements of this subsection. The requirements of section 1902(a)(1) (relating to statewideness) shall not apply to the demonstration project. (2) Design phase (A) Grants Not later than 12 months after the date of the enactment of this subsection, the Secretary shall award up to 15 grants to States that submit complete applications for such grants which meet the requirements of subparagraph (C). (B) Selection of grantees In awarding grants under this paragraph, the Secretary shall, to the extent possible, prioritize awarding grants to a geographically diverse selection of States and target communities of different sizes and with varying experience with value-based payment, including rural and urban communities. (C) Grant application A State shall include in an application for a grant awarded under this paragraph the following: (i) A description of each proposed target community in which the State proposes to implement a whole child health model. (ii) For each target community described in clause (i), a statement of the proposed objectives of the State in implementing a whole child health model in that community. (iii) Such other information as the Secretary may require. (D) Use of grant funds (i) In general A State awarded a grant under this paragraph shall use the grant funds to— (I) conduct or use an existing needs assessment that is not more than two years old and meets the requirements of clause (ii) for each proposed target community; (II) not later than 12 months after being awarded the grant, design and submit for approval by the Secretary a proposed whole child health model that meets the requirements of subparagraph (E) for each target community based on the results of the needs assessment and other assessments or surveys conducted for that community; and (III) implement the whole child health model during the implementation phase described in paragraph (3). (ii) Needs assessment requirements A needs assessment conducted for a proposed target community with grant funds awarded to a State shall include the following: (I) An evaluation of the physical health, mental, emotional and behavioral health, developmental, social, relational and substance use disorder service needs of eligible individuals in the target community, including needs that could be addressed through population-based or community-based interventions. (II) A review of the resources available to meet the physical health, mental health, and substance use disorder service needs of eligible individuals in the target community. (III) A description of the barriers identified in the target community to eligible individuals accessing resources and services to address their physical health, mental health, and substance use disorder service needs. (IV) A description of health disparities identified in the target community, including input from community residents in the target community. (E) Whole child health model requirements (i) In general A proposed whole child health model shall include descriptions of the following: (I) How the State and its multi-sector partners will address the physical health, mental, emotional and behavioral health, developmental, social, relational and substance use disorder service needs of eligible individuals in the target community identified in the needs assessment of that community through implementation of the whole child health model and provision of whole child health services. (II) How the State Medicaid, human services, and child welfare agencies will coordinate with community partners to ensure the successful implementation of the whole child health model in the target communities and the provision of whole child health services. (III) The lead agency or other entity the State proposes to designate to coordinate activities carried out to implement the whole child health model in the target communities. (ii) Requirements A proposed whole child health model shall meet the following requirements: (I) Align with an existing or planned delivery and payment system of the State plan under this title or under a waiver of such plan, including, as applicable, a managed care delivery system. (II) Include partnerships with child and family serving organizations and agencies such as health care providers, payers, school districts, public health and child care. (III) Promote the delivery of trauma-informed and culturally competent care, including strategies to address systemic resource needs, including workforce shortages, in the target community and an assessment of the potential impact of the model on health equity, disparities, and safety net providers in the target community. (IV) Coordinate funding sources under the State plan under this title (or under a waiver of plan), the State plans under parts B and E of title IV, and other applicable funding sources, for the whole child health services provided under the model. (V) Include— (aa) the design and implementation or adaptation of a value-based payment arrangement for providing whole child health services under the State plan under this title (or under a waiver of such plan) that promotes pediatric health; or (bb) in the case of a State that faces significant barriers to implementing or adapting such a value-based payment arrangement, a proposal for steps that the State will take towards advancing value-based care with respect to whole child health services provided under the State plan under this title (or under a waiver of such plan). (VI) Include strategies to coordinate referrals to whole child health services, including using telehealth, referral networks and/or other technologies to facilitate access to whole child health services. (VII) Include strategies to promote the integration of primary care with whole child health services and substance use disorder services. (VIII) Include strategies to integrate and streamline eligibility, enrollment, and renewal processes to facilitate enrollment in health coverage and other benefit programs. (IX) Include strategies to promote school-based health and wellness. (X) Describe how the State will leverage or enhance existing health information technology infrastructure and cross-sector data-sharing capabilities to support the provision of enhanced care coordination services, including with respect to claiming administrative matching funds for the design, development, and installation of data systems to allow or enhance coordination among State agencies and other entities. (XI) Describe how the State will evaluate the impact of the model on child health and disparities in health outcomes, according to requirements outlined by Secretary. (XII) Include other such population health strategies or core services as the State determines appropriate. (iii) Participation by Indian tribes in whole child health models The Secretary may waive or otherwise modify the requirements for a whole child health model described in clause (ii) to the extent necessary to permit Indian tribes to participate in such a model. (3) Implementation phase After the design period, the implementation phase of the demonstration project shall be conducted for a period of not less than 48 months and not more than 72 months. (4) Authorization of appropriations (A) In general There are authorized to be appropriated to the Secretary for the purpose of carrying out this subsection, out of any funds in the Treasury not otherwise appropriated, $125,000,000, to remain available until expended. (B) Limitation on use of funds From any amounts appropriated pursuant to this paragraph, the Secretary shall use— (i) not more than $2,000,000 for administrative costs, staffing, and reporting requirements; (ii) not more than $10,000,000 for learning platforms, staffing, and technical assistance related directly to the design and implementation of whole child health models, and to carry out activities under this subsection; and (iii) not more than $3,000,0000 may be used for carrying out evaluations described in paragraph (5). (C) Payment for whole child health services (i) In general For each fiscal quarter occurring during the implementation phase of the demonstration project, subject to clause (ii), the Secretary shall pay each State selected to participate in that phase of the project, an amount equal to 80 percent of the amounts expended by the State during such quarter for providing whole child health services to eligible individuals in the target communities net of any Federal payments made to the State for such expenditures, under this title or otherwise. (ii) Requirement The additional Federal funds paid to a State under this subparagraph shall be used to supplement, not supplant, the level of State funds expended for services that are treated as whole child health services under the demonstration project. (5) Reports and evaluation (A) In general A State that is selected to participate in the demonstration project shall report on the outcomes under the entity's whole child health model pursuant to periodic reporting requirements established by the Secretary. (B) State reports Each State awarded a grant under this subsection shall submit the following reports to the Secretary: (i) Interim report An interim report at the end of the first 24 months of the implementation phase of the project that describes— (I) the progress of the State’s implementation of the whole child health model in the target communities; (II) the organizations and providers that are participating in the implementation of the model in the target communities; (III) the number of eligible individuals in the target communities receiving enhanced care coordination services; and (IV) such other information as the Secretary may require. (ii) Final report A final report not later than 1 year after the end of the implementation phase of the demonstration project that describes— (I) best practices and challenges in implementing the whole child health model in the target communities; (II) the impact of the model on child well-being, health care outcomes and health disparities in the target communities; and (III) such other information as the Secretary may require. (C) GAO report Not later than 3 years after the first grant is awarded under this subsection, the Comptroller General of the United States shall submit a report to Congress evaluating the individual, financial, and systems-level impacts associated with whole child health models implemented under the demonstration project. (6) Consultation A State awarded a grant under paragraph (2) shall consult with stakeholders, such as eligible individuals and their primary caregivers, schools, health care, mental health, and substance use disorder treatment organizations, pediatric providers, public health departments, child care providers, juvenile justice programs, child welfare programs, and community-based organizations, in designing and carrying out the activities required under paragraph (2), and with respect to the implementation and evaluation of the whole child health models implemented by the State. Such consultation may include establishment of a Community Advisory Board as defined by the Secretary. (7) Responsibilities of the secretary (A) Technical assistance (i) In general The Secretary shall provide States awarded a grant under paragraph (2) with technical assistance with respect to the design of whole child health models. Such assistance may include assisting States with moving along a whole child health model and utilizing innovative financing strategies, such as braiding public and private funds. As feasible, the Secretary may partner with other Federal agencies, including the Office of Management and Budget, when providing technical assistance to promote a whole child health approach. The Secretary shall also provide such States with technical assistance with respect to implementation of such models. (ii) Shared learning The Secretary shall facilitate shared learning, such as a learning collaborative, among the States participating in the demonstration project. (iii) Reports to congress The Secretary shall submit to the Committee on Finance of the Senate and the Committee on Energy and Commerce of the House of Representatives the following reports: (I) Design phase Not later than 36 months after the date on which design grant funds are first awarded under paragraph (2), a report that describes the whole child health models proposed by States. (II) Implementation phase (aa) Interim report Not later than 3 years after the date on which the implementation phase of the demonstration project begins, an interim report. (bb) Final report Not later than 2 years after the date on which the demonstration project ends, a final report. (cc) Content The interim and final reports required under this clause shall include the following: (AA) A summary of the whole child health models being implemented under the demonstration project. (BB) An assessment of the impacts of such models on the physical and mental health and well-being of eligible individuals in the target communities. (CC) A description of the most effective strategies of such models in promoting the physical and mental health of eligible individuals, including the effectiveness of such strategies in reducing health disparities and improving health equity. (DD) A summary of the information reported to the Secretary by States. (dd) Legislative recommendations In addition to the information required under item (cc), the final report submitted under item (bb) shall include recommendations for such Federal legislative changes, if any, as the Secretary recommends to implement positive outcomes identified by the use of whole child health models under the demonstration project. (8) Definitions In this subsection: (A) Eligible individual The term eligible individual means an individual who has not attained age 21 and who is eligible for medical assistance under a State plan under this title or under a waiver of such plan, or for assistance under a State child health plan under title XXI or under a waiver of such plan. (B) Indian tribe The term Indian Tribe has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (C) Target community The term target community means, with respect to a State, the boundaries of a geographic area within the State in which the State proposes to implement a whole child health model. (D) Whole child health services The term whole child health services means the following: (i) Comprehensive care management. (ii) Enhanced care coordination services and referrals to health, developmental and social supports that include strategies to— (I) identify and address the physical, mental, emotional, and behavioral health, developmental, relational and social needs of eligible individuals; (II) coordinate referrals, as needed, to health care, mental, emotional, and behavioral health, substance use disorder treatment, child development, and social service providers; (III) ensure that eligible individuals follow up with service providers to whom they are referred; and (IV) facilitate the ability of eligible individuals to access needed services by centralizing, coordinating with, or co-locating resources. (9) Requirement to issue guidance on combining Federal and non-Federal funds to address social determinants of health in low-income populations Not later than 365 days after the selection of eligible entities under this subsection, the Secretary shall issue and disseminate guidance and technical assistance to grant awardees to clarify strategies and best practices to combine funds, including Medicaid, in the context of a child health and wellness fund, consistent with Federal law, and shall make such guidance publicly available. . | https://www.govinfo.gov/content/pkg/BILLS-117s5011is/xml/BILLS-117s5011is.xml |
117-s-5012 | II 117th CONGRESS 2d Session S. 5012 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Rosen (for herself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To require the Director of the Office of Entrepreneurship Education of the Small Business Administration to establish and maintain a website regarding small business permitting and licensing requirements, and for other purposes.
1. Short title This Act may be cited as the One Stop Shop for Small Business Licensing Act of 2022 . 2. Centralized website for business permit and licensing requirements (a) Definitions In this section— (1) the term Director means the Director of the Office of Entrepreneurship Education of the Small Business Administration; and (2) the term small business concern has the meaning given the term in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). (b) Website Not later than 1 year after the date of enactment of this Act, the Director shall establish, and thereafter the Director shall maintain, a publicly available website that provides information regarding Federal, State, and local business permitting and licensing requirements with respect to the operation of a small business concern, which shall be organized based on the location and type of small business concern. | https://www.govinfo.gov/content/pkg/BILLS-117s5012is/xml/BILLS-117s5012is.xml |
117-s-5013 | II 117th CONGRESS 2d Session S. 5013 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Hassan introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize grants to establish a national education protection and advocacy program to enforce the rights and protections under the Individuals with Disabilities Education Act, the Americans with Disabilities Act of 1990, and section 504 of the Rehabilitation Act of 1973, and for other purposes.
1. Short title This Act may be cited as the Protection and Advocacy in Education Act . 2. Grants to establish a national education protection and advocacy program (a) Definitions In this section: (1) American Indian consortium The term American Indian consortium has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (2) Educational setting The term educational setting includes any setting, in which a student (including a child, youth, or an adult) who may be eligible for education or related services under, or is otherwise protected by, the laws described in subsection (b) receives such education or services. (3) Secretary The term Secretary means the Secretary of Education. (4) Protection and advocacy system The term protection and advocacy system means a protection and advocacy system established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (b) Program established The Secretary shall make grants to protection and advocacy systems for the purpose of protecting the rights and advocating for the educational needs of children, youth, and adults who are (or may be) protected by or eligible for education or related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (c) Uses of funds A protection and advocacy system shall use a grant under this section to carry out one or more of the following: (1) Monitoring and identifying conditions and practices that violate the laws described in subsection (b) with respect to the rights of students with disabilities. (2) Advocating for safe and humane conditions and the elimination of aversive and other dangerous practices at educational settings, including seclusion and restraint. (3) Collaborating with parent training and information centers, as described in section 671 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1471 ), to ensure that needed advocacy and information is provided for families and individuals protected by or eligible for education-related services, protection, and rights under the laws described in subsection (b). (4) Advocating for redress of violations of the law and providing advocacy in dispute resolution proceedings. (5) Advocating for systemic change in educational settings to address violations of the laws described in subsection (b). (6) Pursuing administrative, legal, and other appropriate remedies to ensure that children, youth, and adults with disabilities in educational settings are eligible for and receiving the education, related services, protections, and rights to which they are entitled under the laws described in subsection (b). (d) System requirements To be eligible for a grant under this section, a protection and advocacy system shall— (1) have the authority to investigate incidents of abuse and neglect of youth, children, and adults with disabilities in educational settings if the incidents are reported to the protection and advocacy system or if there is probable cause to believe that the incidents occurred; (2) have the authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of children, youth, and adults in educational settings who are protected by or are (or may be) eligible for education or related services under the laws described in subsection (b); and (3) have the same authorities as set forth in section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ) and any regulations issued under such section, including the authority to access individuals, records, and educational settings. (e) Application A protection and advocacy system shall submit an application to the Secretary at such time, in such form and manner, and accompanied by such information as the Secretary may require, and shall include a description of how the system will use grant funds to address the needs of children, youth, and adults with disabilities in educational settings. (f) Appropriations less than $6,750,000 (1) In general With respect to any fiscal year for which the amount appropriated pursuant to subsection (o) to carry out this section is less than $6,750,000, the Secretary shall reserve funds in accordance with subsection (n)(1) and make grants from such remaining amounts among protection and advocacy systems that apply for a grant under this section. (2) Amount of grant The amount of a grant under paragraph (1) shall not be less than— (A) $120,000 for a protection and advocacy system located in 1 of the several States, the District of Columbia, or the Commonwealth of Puerto Rico; and (B) $60,000 for a protection and advocacy system located in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, or the American Indian Consortium. (g) Appropriations of $6,750,000 or more (1) In general With respect to any fiscal year in which the amount appropriated pursuant to subsection (o) to carry out this section is not less than $6,750,000, the Secretary shall reserve funds in accordance with subsection (n)(2) and make grants from such remaining amounts not later than January 1 of the fiscal year to protection and advocacy systems that apply for a grant under this section. (2) Amount of grant Subject to paragraph (3), the amount of a grant to a protection and advocacy system under paragraph (1) shall be equal to an amount bearing the same ratio to the total amount appropriated for the fiscal year involved pursuant to subsection (o) and not reserved as the population of the State in which the grantee is located bears to the population of all States. (3) Minimums The amount of a grant under paragraph (1) shall not be less than— (A) $120,000 for a protection and advocacy system located in one of the several States, the District of Columbia, or the Commonwealth of Puerto Rico; and (B) $60,000 for a protection and advocacy system located in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the United States Virgin Islands, and for the system serving the American Indian Consortium. (4) Adjustment For each fiscal year in which the total amount appropriated under subsection (o) to carry out this section is $10,000,000 or more, and such appropriated amount exceeds the total amount appropriated to carry out this section for the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under subsection (o) to carry out this section between the preceding fiscal year and the fiscal year involved. (h) Direct payment Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant for such system, unless the system provides otherwise for such payment. (i) No matching funds required The Federal share of a grant under this section shall be 100 percent and a grant recipient shall not be required to provide matching funds. (j) Annual report Each protection and advocacy system that receives a grant under this section shall submit an annual report to the Secretary concerning the services provided to protect and advocate for the educational needs of children, youth, and adults who are (or may be) eligible for education and related services under the laws described in subsection (b). (k) Administrative, reporting, and oversight requirements To the extent possible, reporting, monitoring, program financing, and other administrative and oversight requirements established by the Secretary under this section shall be consistent with the administrative, reporting, and oversight requirements for a protection and advocacy system under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 150001 et seq. ) . (l) Supplement, not supplant A protection and advocacy system receiving funds under this section shall use such funds to supplement, and not supplant, funds used to protect the rights and advocate for the educational needs of children, youth, and adults who are (or may be) protected under or eligible for services under the laws described in subsection (b). (m) Carryover and program income Any amounts paid to a protection and advocacy system for a fiscal year under this section that remain unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. Program income generated from such amounts shall be considered additive and shall remain available for 5 additional fiscal years after the year in which such amount was paid to the protection and advocacy system. (n) Technical assistance (1) Appropriations of less than $6,750,000 For any fiscal year for which the amount appropriated to carry out this section is less than $6,750,000, the Secretary shall set aside 1 percent of the funds appropriated (but not less than $50,000) to make a grant to or a contract or cooperative agreement with a national organization with experience in providing training and technical assistance to protection and advocacy systems to provide such training and technical assistance. (2) Appropriations of not less than $6,750,000 For any fiscal year for which the amount appropriated to carry out this section is not less than $6,750,000, the Secretary shall set aside 2 percent of the funds appropriated to make a grant to or contract or cooperative agreement with a national organization with experience in providing training and technical assistance to protection and advocacy systems to provide such training and technical assistance. (o) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2023 through 2032. | https://www.govinfo.gov/content/pkg/BILLS-117s5013is/xml/BILLS-117s5013is.xml |
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