legis_id
stringlengths 7
15
| text
stringlengths 248
4.78M
| url
stringlengths 71
89
|
|---|---|---|
117-s-5014 | II 117th CONGRESS 2d Session S. 5014 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Marshall (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the Internal Revenue Service to pay for costs incurred by certain persons in the course of an audit.
1. Short title This Act may be cited as the Preventing Frivolous Actions by IRS Agents Act . 2. Fees and expenses of audits (a) In general Subchapter A of chapter 78 of the Internal Revenue Code of 1986 is amended by redesignating section 7613 as section 7614 and by inserting after section 7612 the following new section: 7613. Fees and expenses of audits (a) In general In the case of an eligible taxpayer, the taxpayer shall be entitled to the payment of any fees or other expenses paid or incurred by the taxpayer in the course of an audit under this subtitle. (b) Timing of payment The payment under subsection (a) shall be due after the disposition of the taxpayer's case, including completion of any judicial proceedings. (c) Eligible taxpayer For purposes of this section, the term eligible taxpayer means a taxpayer whose gross income for the taxable year in which the audit is commenced does not exceed $400,000, and who is not convicted of any crime related to the audit described in subsection (a) or the case described in subsection (b). . (b) Clerical amendment The table of sections for subchapter A of chapter 78 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Sec. 7613. Fees and expenses of audits. . 3. Attorney's fees, etc (a) In general Chapter 76 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: F Fees and expenses Sec. 7495. Fees and expenses. 7495. Fees and expenses In the case of any civil or criminal proceeding brought by or at the request of the Secretary in which the taxpayer prevails in court, the taxpayer shall be entitled to the payment of attorney's fees, court costs, and other expenses related to the taxpayer's defense in such proceeding. . (b) Clerical amendment The table of subchapters for chapter 76 of the Internal Revenue Code of 1986 is amended by adding at the end the following: SUBCHAPTER F—Fees and expenses . | https://www.govinfo.gov/content/pkg/BILLS-117s5014is/xml/BILLS-117s5014is.xml |
117-s-5015 | II 117th CONGRESS 2d Session S. 5015 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Grassley introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles XIX and XXI of the Social Security Act to improve maternal health coverage under Medicaid and CHIP, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Healthy Moms and Babies Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Mandatory reporting by State Medicaid programs on adult health care quality measures of maternal and perinatal health. Sec. 4. Medicaid quality improvement initiatives to reduce rates of caesarean sections. Sec. 5. State option to provide coordinated care through a health home for pregnant and postpartum women. Sec. 6. Guidance on care coordination to support maternal health. Sec. 7. MACPAC study on doulas and community health workers. Sec. 8. Demonstration projects to improve the delivery of maternal health care through telehealth. Sec. 9. CMS report on coverage of remote physiologic monitoring devices and impact on maternal and child health outcomes under Medicaid. Sec. 10. Guidance on community-based maternal health programs. Sec. 11. Developing guidance on maternal mortality and severe morbidity reduction for maternal care providers receiving payment under the Medicaid program. Sec. 12. Collection of information related to social determinants of the health of Medicaid and CHIP beneficiaries. Sec. 13. Report on payment methodologies for transferring pregnant women between facilities before, during, and after childbirth. Sec. 14. Medicaid guidance on State options to address social determinants of health for pregnant and postpartum women. Sec. 15. Payment error rate measurement (PERM) audit and improvement requirements. 2. Definitions In this Act: (1) CHIP The term CHIP means the Children’s Health Insurance Program established under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ). (2) Comptroller General The term Comptroller General means the Comptroller General of the United States. (3) Group health plan; health insurance issuer, etc The terms group health plan , health insurance coverage , health insurance issuer , group health insurance coverage , and individual health insurance coverage have the meanings given such terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ). (4) Medicaid The term Medicaid means the Medicaid program established under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (5) Medicaid managed care organization The term medicaid managed care organization has the meaning given that term in section 1903(m)(1)(A) of the Social Security Act ( 42 U.S.C. 1396b(m)(1)(A) ). (6) Secretary The term Secretary means the Secretary of Health and Human Services. (7) State The term State has the meaning given that term for purposes of titles V, XIX, and XXI of the Social Security Act ( 42 U.S.C. 701 et seq. 1396 et seq., 1397aa et seq.). 3. Mandatory reporting by State Medicaid programs on adult health care quality measures of maternal and perinatal health Section 1139B of the Social Security Act ( 42 U.S.C. 1320b–9b ) is amended— (1) in subsection (b)— (A) in paragraph (3)(B)— (i) in the subparagraph heading, by inserting and maternal and perinatal health after behavioral health ; (ii) by striking all behavioral health and inserting all behavioral health and maternal and perinatal health ; and (iii) by inserting and of maternal and perinatal health care for Medicaid eligible adults after Medicaid eligible adults ; and (B) in paragraph (5)(C)— (i) in the subparagraph heading, by inserting and maternal and perinatal health after behavioral health ; and (ii) by inserting and, with respect to Medicaid eligible adults, maternal and perinatal health measures after behavioral health measures ; and (2) in subsection (d)(1)(A), by inserting and maternal and perinatal health after behavioral health . 4. Medicaid quality improvement initiatives to reduce rates of caesarean sections (a) Medicaid state plan amendment Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (1) in paragraph (86), by striking and after the semicolon; (2) in paragraph (87), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (87) the following: (88) provide that, not later than January 1, 2024, and annually thereafter through January 1, 2034, the State shall submit a report to the Secretary, that shall be made publicly available, which contains with respect to the preceding calendar year— (A) the rate of low-risk cesarean delivery, as defined by the Secretary in consultation with relevant stakeholders, for pregnant women eligible for medical assistance under the State plan or a waiver of such plan in the State, as compared to the overall rate of cesarean delivery in the State; (B) a description of the State’s quality improvement activities to safely reduce the rate of low-risk cesarean delivery (as so defined) for pregnant women eligible for medical assistance under the State plan or a waiver of such plan in the State reported under subparagraph (A), including initiatives aimed at reducing racial and ethnic health disparities, hospital-level quality improvement initiatives, taking into account hospital type and the patient population served, and, if applicable, partnerships with State or regional perinatal quality collaboratives; (C) for each report submitted after January 1, 2024, the percentage change (if any) in the rate of low-risk cesarean delivery (as so defined) for pregnant women eligible for medical assistance under the State plan or a waiver of such plan in the State reported under subparagraph (A) from the rate reported for the most recent previous report; and (D) such other relevant data and information as determined by the Secretary, and in consultation with relevant stakeholders, such as State initiatives and evaluations of quality improvement activities, cesarean delivery rates, and health outcomes. . (b) GAO study regarding Medicaid caesarean births (1) Study The Comptroller General shall conduct a study regarding caesarean births under State Medicaid programs. The study shall include analyses of the following: (A) Changes in Medicaid payment rates for caesarean births and vaginal births over time, disaggregated by rates paid by fee-for-service Medicaid programs and by Medicaid programs that contract with medicaid managed care organizations and other specified entities to furnish medical assistance under such programs. (B) The frequency of primary and repeat caesarean births, as well as vaginal births after a caesarean, under Medicaid programs and a comparison of such frequency with the frequency of such births when paid for under a group health plan or by a health insurance issuer offering group or individual health insurance coverage. To the extent feasible, this information should be disaggregated according to race and ethnicity. (C) Comparisons of payment rates for caesarean and vaginal births under Medicaid programs with the payment rates for such births under a group health plan or by a health insurance issuer offering group or individual health insurance coverage. (D) Such other factors related to payment rates for caesarean and vaginal births under Medicaid as the Comptroller General determines appropriate. (2) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) GAO study on racial disparities in caesarean births (1) In general The Comptroller General shall conduct a study on racial disparities in the frequency of low- and high-risk caesarean births across hospitals of different settings (rural, urban, and suburban), volumes, and types (such as teaching, private, public, and not-for-profit) in a selection of 10 States. The study shall compare such information with respect to Medicaid and private payers and compare total charges, if feasible. The study shall also investigate, to the extent practicable, the day of the week and time of day that such births occur at a subset of hospitals in the selected States. Such study may consider other factors related to racial disparities in maternal health as the Comptroller General deems appropriate. (2) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. 5. State option to provide coordinated care through a health home for pregnant and postpartum women Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended by inserting after section 1945A the following new section: 1945B. State option to provide coordinated care through a health home for pregnant and postpartum women (a) State option (1) In general Notwithstanding section 1902(a)(1) (relating to statewideness) and section 1902(a)(10)(B) (relating to comparability), beginning April 1, 2025, a State, at its option as a State plan amendment, may provide for medical assistance under this title to an eligible woman who chooses to— (A) enroll in a maternity health home under this section by selecting a designated provider, a team of health care professionals operating with such a provider, or a health team as the woman’s maternity health home for purposes of providing the woman with pregnancy and postpartum coordinated care services; or (B) receive such services from a designated provider, a team of health care professionals operating with such a provider, or a health team that has voluntarily opted to participate in a maternity health home for eligible women under this section. (2) Eligible woman defined In this section, the term eligible woman means an individual— (A) who is eligible for medical assistance under the State plan (or under a waiver of such plan) for all items and services covered under the State plan (or waiver) that are not less in amount, duration, or scope, or are determined by the Secretary to be substantially equivalent, to the medical assistance available for an individual described in subsection (a)(10)(A)(i); and (B) who— (i) is pregnant; or (ii) had a pregnancy end within the last 365 days. (b) Qualification standards The Secretary shall establish standards for qualification as a maternity health home or as a designated provider, team of health care professionals operating with such a provider, or a health team eligible for participation in a maternity health home for purposes of this section. Such standards shall include requiring designated providers, teams of health care professionals operating with such providers, and health teams (designated as a maternity health home) to demonstrate to the State the ability to do the following: (1) Coordinate prompt care and access to necessary maternity care services, including services provided by specialists, and programs for an eligible woman during her pregnancy and the 365-day period beginning on the last day of her pregnancy. (2) Develop an individualized, comprehensive, patient-centered care plan for each eligible woman that accommodates patient preferences and, if applicable, reflects adjustments to the payment methodology described in subsection (c)(2)(B). (3) Develop and incorporate into each eligible woman’s care plan, in a culturally and linguistically appropriate manner consistent with the needs of the eligible woman, ongoing home care, community-based primary care, inpatient care, social support services, behavioral health services, local hospital emergency care, and, in the event of a change in income that would result in the eligible woman losing eligibility for medical assistance under the State plan or waiver, care management and planning related to a change in the eligible woman's health insurance coverage. (4) Coordinate with pediatric care providers, as appropriate. (5) Collect and report information under subsection (f)(1). (c) Payments (1) In general A State shall provide a designated provider, a team of health care professionals operating with such a provider, or a health team with payments for the provision of pregnancy and postpartum coordinated care services, to each eligible woman that selects such provider, team of health care professionals, or health team as the woman’s maternity health home or care provider. Payments made to a maternity health home or care provider for such services shall be treated as medical assistance for purposes of section 1903(a). (2) Methodology The State shall specify in the State plan amendment the methodology the State will use for determining payment for the provision of pregnancy and postpartum coordinated care services or treatment during an eligible woman's pregnancy and the 365-day period beginning on the last day of her pregnancy. Such methodology for determining payment— (A) may be based on— (i) a per-member per-month basis for each eligible woman enrolled in the maternity health home; (ii) a prospective payment model, in the case of payments to Federally qualified health centers or a rural health clinics; or (iii) an alternate model of payment (which may include a model developed under a waiver under section 1115) proposed by the State and approved by the Secretary; (B) may be adjusted to reflect, with respect to each eligible woman— (i) the severity of the risks associated with the woman's pregnancy; (ii) the severity of the risks associated with the woman's postpartum health care needs; and (iii) the level or amount of time of care coordination required with respect to the woman; and (C) shall be established consistent with section 1902(a)(30)(A). (d) Coordinating care (1) Hospital notification A State with a State plan amendment approved under this section shall require each hospital that is a participating provider under the State plan (or under a waiver of such plan) to establish procedures in the case of an eligible woman who seeks treatment in the emergency department of such hospital for— (A) providing the woman with culturally and linguistically appropriate information on the respective treatment models and opportunities for the woman to access a maternity health home and its associated benefits; and (B) notifying the maternity health home in which the woman is enrolled, or the designated provider, team of health care professionals operating with such a provider, or health team treating the woman, of the woman's treatment in the emergency department and of the protocols for the maternity health home, designated provider, or team to be involved in the woman’s emergency care or post-discharge care. (2) Education with respect to availability of a maternity health home (A) In general In order for a State plan amendment to be approved under this section, a State shall include in the State plan amendment a description of the State’s process for— (i) educating providers participating in the State plan (or a waiver of such plan) on the availability of maternity health homes for eligible women, including the process by which such providers can participate in or refer eligible women to an approved maternity health home or a designated provider, team of health care professionals operating such a provider, or health team; and (ii) educating eligible women, in a culturally and linguistically appropriate manner, on the availability of maternity health homes. (B) Outreach The process established by the State under subparagraph (A) shall include the participation of entities or other public or private organizations or entities that provide outreach and information on the availability of health care items and services to families of individuals eligible to receive medical assistance under the State plan (or a waiver of such plan). (3) Mental health coordination A State with a State plan amendment approved under this section shall consult and coordinate, as appropriate, with the Secretary in addressing issues regarding the prevention, identification, and treatment of mental health conditions and substance use disorders among eligible women. (4) Social and support services A State with a State plan amendment approved under this section shall consult and coordinate, as appropriate, with the Secretary in establishing means to connect eligible women receiving pregnancy and postpartum coordinated care services under this section with social and support services, including services made available under maternal, infant, and early childhood home visiting programs established under section 511, and services made available under section 330H or title X of the Public Health Service Act. (e) Monitoring A State shall include in the State plan amendment— (1) a methodology for tracking reductions in inpatient days and reductions in the total cost of care resulting from improved care coordination and management under this section; (2) a proposal for use of health information technology in providing an eligible woman with pregnancy and postpartum coordinated care services as specified under this section and improving service delivery and coordination across the care continuum; and (3) a methodology for tracking prompt and timely access to medically necessary care for eligible women from out-of-State providers. (f) Data collection (1) Provider reporting requirements In order to receive payments from a State under subsection (c), a maternity health home, or a designated provider, a team of health care professionals operating with such a provider, or a health team, shall report to the State, at such time and in such form and manner as may be required by the State, including through a health information exchange or other public health data sharing entity, the following information: (A) With respect to each such designated provider, team of health care professionals operating with such a provider, and health team (designated as a maternity health home), the name, National Provider Identification number, address, and specific health care services offered to be provided to eligible women who have selected such provider, team of health care professionals, or health team as the women's maternity health home. (B) Information on all applicable measures for determining the quality of services provided by such provider, team of health care professionals, or health team. (C) Such other information as the Secretary shall specify in guidance. (2) State reporting requirements (A) Comprehensive report A State with a State plan amendment approved under this section shall report to the Secretary (and, upon request, to the Medicaid and CHIP Payment and Access Commission), at such time, but at a minimum frequency of every 12 months, and in such form and manner determined by the Secretary to be reasonable and minimally burdensome, including through a health information exchange or other public health data sharing entity, the following information: (i) Information described in paragraph (1). (ii) The number and, to the extent available and while maintaining all relevant protecting privacy and confidentially protections, disaggregated demographic information of eligible women who have enrolled in a maternity health home pursuant to this section. (iii) The number of maternity health homes in the State. (iv) The medical conditions or factors that contribute to severe maternal morbidity among eligible women enrolled in maternity health homes in the State. (v) The extent to which such women receive health care items and services under the State plan before, during, and after the women’s enrollment in such a maternity health home. (vi) Where applicable, mortality data and data for the associated causes of death for eligible women enrolled in a maternity health home under this section, in accordance with subsection (g). For deaths occurring postpartum, such data shall distinguish between deaths occurring up to 42 days postpartum and deaths occurring between 43 days to up to 1 year postpartum. Where applicable, data reported under this clause shall be reported alongside comparable data from a State’s maternal mortality review committee, as established in accordance with section 317K(d) of the Public Health Service Act, for purposes of further identifying and comparing statewide trends in maternal mortality among populations participating in the maternity health home under this section. (B) Implementation report Not later than 18 months after a State has a State plan amendment approved under this section, the State shall submit to the Secretary, and make publicly available on the appropriate State website, a report on how the State is implementing the option established under this section, including through any best practices adopted by the State. (g) Confidentiality A State with a State plan amendment under this section shall establish confidentiality protections for the purposes of subsection (f)(2)(A) to ensure, at a minimum, that there is no disclosure by the State of any identifying information about any specific eligible woman enrolled in a maternity health home or any maternal mortality case, and that all relevant confidentiality and privacy protections, including the requirements under 1902(a)(7)(A), are maintained. (h) Rule of construction Nothing in this section shall be construed to require— (1) an eligible woman to enroll in a maternity health home under this section; or (2) a designated provider or health team to act as a maternity health home and provide services in accordance with this section if the provider or health team does not voluntarily agree to act as a maternity health home. (i) Planning grants (1) In general Beginning October 1, 2024, from the amount appropriated under paragraph (2), the Secretary shall award planning grants to States for purposes of developing and submitting a State plan amendment under this section. The Secretary shall award a grant to each State that applies for a grant under this subsection, but the Secretary may determine the amount of the grant based on the merits of the application and the goal of the State to prioritize health outcomes for eligible women. A planning grant awarded to a State under this subsection shall remain available until expended. (2) Appropriation There are authorized to be appropriated to the Secretary $50,000,000 for the period of fiscal years 2023 through 2025, for the purposes of making grants under this subsection, to remain available until expended. (3) Limitation The total amount of payments made to States under this subsection shall not exceed $50,000,000. (j) Additional definitions In this section: (1) Designated provider The term designated provider means a physician (including an obstetrician-gynecologist), hospital, clinical practice or clinical group practice, a medicaid managed care organization, as defined in section 1903(m)(1)(A), a prepaid inpatient health plan, as defined in section 438.2 of title 42, Code of Federal Regulations (or any successor regulation), a prepaid ambulatory health plan, as defined in such section (or any successor regulation), rural clinic, community health center, community mental health center, or any other entity or provider that is determined by the State and approved by the Secretary to be qualified to be a maternity health home on the basis of documentation evidencing that the entity has the systems, expertise, and infrastructure in place to provide pregnancy and postpartum coordinated care services. Such term may include providers who are employed by, or affiliated with, a hospital. (2) Maternity health home The term maternity health home means a designated provider (including a provider that operates in coordination with a team of health care professionals) or a health team is selected by an eligible woman to provide pregnancy and postpartum coordinated care services. (3) Health team The term health team has the meaning given such term for purposes of section 3502 of Public Law 111–148 . (4) Pregnancy and postpartum coordinated care services (A) In general The term pregnancy and postpartum coordinated care services means items and services related to the coordination of care for comprehensive and timely high-quality, culturally and linguistically appropriate, services described in subparagraph (B) that are provided by a designated provider, a team of health care professionals operating with such a provider, or a health team (designated as a maternity health home). (B) Services described (i) In general The services described in this subparagraph shall include with respect to a State electing the State plan amendment option under this section, any medical assistance for items and services for which payment is available under the State plan or under a waiver of such plan. (ii) Other items and services In addition to medical assistance described in clause (i), the services described in this subparagraph shall include the following: (I) Any item or service for which medical assistance is otherwise available under the State plan (or a waiver of such plan) related to the treatment of a woman during the woman's pregnancy and the 1-year period beginning on the last day of her pregnancy, including mental health and substance use disorder services. (II) Comprehensive care management. (III) Care coordination (including with pediatricians as appropriate), health promotion, and providing access to the full range of maternal, obstetric, and gynecologic services, including services from out-of-State providers. (IV) Comprehensive transitional care, including appropriate follow-up, from inpatient to other settings. (V) Patient and family support (including authorized representatives). (VI) Referrals to community and social support services, if relevant. (VII) Use of health information technology to link services, as feasible and appropriate. (5) Team of health care professionals The term team of health care professionals means a team of health care professionals (as described in the State plan amendment under this section) that may— (A) include— (i) physicians, including gynecologist-obstetricians, pediatricians, and other professionals such as physicians assistants, advance practice nurses, including certified nurse midwives, nurses, nurse care coordinators, dietitians, nutritionists, social workers, behavioral health professionals, physical counselors, physical therapists, occupational therapists, or any professionals that assist in prenatal care, delivery, or postpartum care for which medical assistance is available under the State plan or a waiver of such plan and determined to be appropriate by the State and approved by the Secretary; (ii) an entity or individual who is designated to coordinate such care delivered by the team; and (iii) when appropriate and if otherwise eligible to furnish items and services that are reimbursable as medical assistance under the State plan or under a waiver of such plan, doulas, community health workers, translators and interpreters, and other individuals with culturally appropriate and trauma-informed expertise; and (B) provide care at a facility that is freestanding, virtual, or based at a hospital, community health center, community mental health center, rural clinic, clinical practice or clinical group practice, academic health center, or any entity determined to be appropriate by the State and approved by the Secretary. . 6. Guidance on care coordination to support maternal health Not later than 2 years after the date of enactment of this Act, the Secretary shall issue guidance for State Medicaid programs on improved care coordination, continuity of care, and clinical integration to support the needs of pregnant and postpartum women for services eligible for Medicaid payment. Such guidance shall identify best practices for care coordination for such women, both with respect to fee-for-service State Medicaid programs and State Medicaid programs that contract with medicaid managed care organizations or other specified entities to furnish medical assistance for such women, and shall illustrate strategies for— (1) enhancing primary care and maternity care coordination with specialists, including cardiologists, specialists in gestational diabetes, dentists, lactation specialists, genetic counselors, and behavioral health providers; (2) integrating behavioral health providers to provide screening, assessment, treatment, and referral for behavioral health needs, including substance use disorders, maternal depression, anxiety, intimate partner violence, and other trauma; (3) integrating into care teams or coordinating with nonclinical professionals, including (if licensed or credentialed by a State or State-authorized organization) doulas, peer support specialists, and community health workers, and how these services provided by such professionals may be eligible for Federal financial participation under Medicaid; (4) screening pregnant and postpartum women for social needs and coordinating related services during the prenatal and postpartum periods to ensure social and physical supports are provided for such women during such periods and for their children; (5) supporting women who have had a stillbirth; (6) screening for maternal health, behavioral health, and social needs during well-child and pediatric care visits; and (7) streamlining and reducing duplication in care coordination efforts across and among providers, plans, and other entities for such women. 7. MACPAC study on doulas and community health workers (a) In general As part of the first report required under section 1900(b)(1) of the Social Security Act ( 42 U.S.C. 1396(b)(1) ) after the date that is 1 year after the date of enactment of this Act, the Medicaid and CHIP Payment and Access Commission (referred to in this section as MACPAC ) shall include with such report a report on the coverage of doula services and the role of community health workers under State Medicaid programs, which shall include the following: (1) Information about coverage for doula services and community health worker services under State Medicaid programs that currently provide coverage for such services, including the type of doula services offered (such as prenatal, labor and delivery, postpartum support, and traditional doula services) and information on the prevalence of doulas that care for individuals in their own communities. (2) An analysis of strategies to facilitate the appropriate use of doula services in order to provide better care and achieve better maternal and infant health outcomes, including strategies that States may use to assist with services for which Federal financial participation is eligible under a State Medicaid plan or a waiver of such a plan by recruiting, training, and certifying a diverse doula workforce, particularly from underserved communities, communities of color, and communities facing linguistic or cultural barriers. (3) Provide examples of community health worker access in State Medicaid programs and strategies employed by States to encourage a broad care team to manage Medicaid patients. (4) An assessment of the impact of the involvement of doulas and community health workers on maternal health outcomes. (5) Recommendations, as MACPAC deems appropriate, for legislative and administrative actions to increase access to services that improve maternal health. (b) Stakeholder consultation In developing the report required under subsection (a), MACPAC shall consult with relevant stakeholders, including— (1) States; (2) organizations representing consumers, including those that are disproportionately impacted by poor maternal health outcomes; (3) organizations and individuals representing doula services providers and community health workers, including community-based doula programs and those who serve underserved communities, communities of color and communities facing linguistic or cultural barriers; and (4) organizations representing health care providers. 8. Demonstration projects to improve the delivery of maternal health care through telehealth (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall award grants to States to conduct demonstration projects under this section that are designed to expand the use of telehealth in State Medicaid programs for the delivery of health care to eligible pregnant or postpartum women. (b) Eligible pregnant or postpartum woman defined (1) In general In this section, the term eligible pregnant or postpartum woman means a woman who is eligible for and receiving medical assistance under a State Medicaid plan (or waiver of such plan) and who is or becomes pregnant. (2) Postpartum women Such term includes a woman described in paragraph (1) through the end of the month in which the 365-day period beginning on the last day of the woman's pregnancy ends, without regard to any change in income of the family of which she is a member. (c) Application; selection of States; duration (1) Application (A) In general To conduct a demonstration project under this section, a State shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. Under the demonstration project, a State may include multiple proposed uses of grant funds, and propose to focus on multiple populations, as otherwise allowable under this section, within a single application. (B) Required information A State application to conduct a demonstration project under this section shall include the following: (i) The population (such as individuals residing in rural or medically underserved areas) that the demonstration project will target. (ii) A description of how the State proposes to use funds awarded under this section to conduct the demonstration project to integrate or increase the integration of telehealth into the State Medicaid program’s existing delivery system for furnishing medical assistance to and improving the health care outcomes of eligible pregnant or postpartum women. (iii) A description of how the State will use funds to address racial or ethnic disparities in access to maternal health services or maternal health outcomes, barriers to care, including in rural or medically underserved communities, other barriers to using telehealth, such as those experienced by individuals with disabilities and individuals with limited English proficiency, and as applicable, barriers to the use of telehealth in tribal communities. (iv) A certification that the application meets the requirements of subparagraph (C). (v) Such other information as the Secretary shall require. (C) Consultation with health care stakeholders Prior to the submission of an application to conduct a demonstration project under this section, a State shall consult with health care systems and providers, health plans (if relevant), consumer organizations and beneficiary advocates, and community-based organizations or other stakeholders in the area that the demonstration project will target to ensure that the proposed project addresses the health care needs of eligible pregnant or postpartum women in such area. (2) Selection of States and duration of projects (A) In general The Secretary shall award grants to States that apply and meet the application requirements to conduct 4-year demonstration projects under this section. A State may request, and the Secretary shall determine the appropriateness of, an application of up to $10,000,000. (B) Selection of projects In selecting a State to conduct a demonstration project under this section, the Secretary shall ensure that the State is aware of the 4-year duration of the project and shall determine the State has satisfied the application requirements. (3) Waiver of statewideness and comparability requirement The Secretary shall waive compliance with section 1902(a)(1) of the Social Security Act ( 42 U.S.C. 1396a(a)(1) ) (relating to statewideness) and section 1902(a)(10)(B) of such Act ( 42 U.S.C. 1396a(a)(10)(B) ) (relating to comparability) to the extent necessary to allow selected States to conduct demonstration projects under this section. (d) Use of grant funds A State may use funds from a grant awarded under this section to connect eligible pregnant or postpartum women to telehealth services delivered via telehealth that are furnished by— (1) primary and maternity care providers; (2) health care specialists; (3) behavioral health providers; and (4) other categories of health care providers identified by the Secretary. (e) Reports (1) State reports Each State that is awarded a grant to conduct a demonstration project under this section shall submit the following reports to the Secretary: (A) Initial report An initial report on the first 18 months during which the demonstration project is conducted, not later than the last day of the 19th month of the demonstration project, as described in subparagraph (B). (B) Final report Not later than 6 months after the date on which the State’s demonstration project ends, a final report that includes the following: (i) The number of eligible pregnant or postpartum women served under the demonstration project. (ii) The activities and services funded under the demonstration project, including the providers that received funds under the demonstration project. (iii) Demographic information about the eligible pregnant or postpartum women served under the demonstration project, if available. (iv) A description of the types of models or programs developed under the demonstration project. (v) How such models or programs impacted access to, and utilization of, telehealth services by eligible pregnant or postpartum women, including a description of how such models or programs addressed racial or ethnic disparities in access or utilization. (vi) Qualitative information on beneficiary experience. (vii) Challenges faced and lessons learned by the State in integrating (or increasing the integration of) telehealth into the delivery system for furnishing medical assistance to eligible pregnant or postpartum women in the areas targeted under the demonstration project. (2) Reports to congress (A) Initial report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to Congress summarizing the information reported by States under paragraph (1)(A). (B) Final report Not later than 5 years after the date of enactment of this Act, the Secretary shall submit a report to Congress summarizing the information reported by States under paragraph (1)(B). 9. CMS report on coverage of remote physiologic monitoring devices and impact on maternal and child health outcomes under Medicaid (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report containing information on authorities and State practices for covering remote physiological monitoring devices, including limitations and barriers to such coverage and the impact on maternal health outcomes, and to the extent appropriate, recommendations on how to address such limitations or barriers related to coverage of remote physiologic devices under State Medicaid programs, including, but not limited to, pulse oximeters, blood pressure cuffs, scales, and blood glucose monitors, with the goal of improving maternal and child health outcomes for pregnant and postpartum women enrolled in State Medicaid programs. (b) State resources Not later than 6 months after the submission of the report required by subsection (a), the Secretary shall update resources for State Medicaid programs, such as State Medicaid telehealth toolkits, to be consistent with the recommendations provided in such report. 10. Guidance on community-based maternal health programs Not later than 3 years after the date of enactment of this Act, the Secretary shall issue guidance to State Medicaid programs to support the use of evidence-based community-based maternal health programs, including programs that offer group prenatal care, home visiting services, childbirth and parenting education, peer supports, stillbirth prevention activities, and substance use disorder and recovery supports, under such programs, and any other programs as determined by the Secretary. 11. Developing guidance on maternal mortality and severe morbidity reduction for maternal care providers receiving payment under the Medicaid program (a) In general Subject to the availability of appropriations, not later than 36 months after the date of enactment of this Act, the Secretary shall publish on a public website of the Centers for Medicare & Medicaid Services guidance for States on resources and strategies for hospitals, freestanding birth centers (as defined in section 1905(l)(3)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(3)(B) )), and other maternal care providers as determined by the Secretary for reducing maternal mortality and severe morbidity in individuals who are eligible for and receiving medical assistance under Medicaid or CHIP. (b) Updates The Secretary shall update the guidance and resources described in subsection (a) at least once every 3 years. (c) Consultation with advisory committee (1) Establishment Subject to the availability of appropriations, not later than 18 months after the date of enactment of this Act, the Secretary shall establish an advisory committee to be known as the National Advisory Committee on Reducing Maternal Deaths (referred to in this section as the Advisory Committee ). (2) Duties The Advisory Committee shall provide consensus advice and guidance to the Secretary on the development and compilation of the guidance described in subsection (a) (and any updates to such guidance). (3) Membership (A) In general The Secretary, in consultation with such other heads of agencies, as the Secretary deems appropriate and in accordance with this paragraph, shall appoint not more than 41 members to the Advisory Committee. In appointing such members, the Secretary shall ensure that— (i) the total number of members of the Advisory Committee is an odd number; and (ii) the total number of voting members who are not Federal officials does not exceed the total number of voting Federal members who are Federal officials. (B) Required members (i) Federal officials The Advisory Committee shall include as voting members the following Federal officials, or their designees: (I) The Secretary. (II) The Administrator of the Centers for Medicare & Medicaid Services. (III) The Director of the Centers for Disease Control and Prevention. (IV) The Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration. (V) The Director of the Agency for Healthcare Research and Quality. (VI) The National Coordinator for Health Information Technology. (VII) The Director of the National Institutes of Health. (VIII) The Secretary of Veterans Affairs. (IX) The Director of the Indian Health Service. (X) The Deputy Assistant Secretary for Minority Health. (XI) The Administrator of the Substance Abuse and Mental Health Services Administration. (XII) The Deputy Assistant Secretary for Women's Health. (XIII) Such other Federal officials or their designees as the Secretary determines appropriate. (ii) Non-Federal officials (I) In general The Advisory Committee shall include the following as voting members: (aa) At least 1 representative from a professional organization representing hospitals and health systems. (bb) At least 1 representative from a medical professional organization representing primary care providers. (cc) At least 1 representative from a medical professional organization representing general obstetrician-gynecologists. (dd) At least 1 representative from a medical professional organization representing certified nurse-midwives. (ee) At least 1 representative from a medical professional organization representing other maternal fetal medicine providers. (ff) At least 1 representative from a medical professional organization representing anesthesiologists. (gg) At least 1 representative from a medical professional organization representing emergency medicine physicians and urgent care providers. (hh) At least 1 representative from a medical professional organization representing nurses. (ii) At least 1 representative from a professional organization representing community health workers. (jj) At least 1 representative from a professional organization representing doulas. (kk) At least 1 representative from a professional organization representing perinatal psychiatrists. (ll) At least 1 representative from State-affiliated programs or existing collaboratives with demonstrated expertise or success in improving maternal health. (mm) At least 1 director of a State Medicaid agency that has had demonstrated success in improving maternal health. (nn) At least 1 representative from an accrediting organization for maternal health quality and safety standards. (oo) At least 1 representative from a maternal patient advocacy organization with lived experience of severe maternal morbidity. (II) Requirements Each individual selected to be a member under this clause shall— (aa) have expertise in maternal health; (bb) not be a Federal official; and (cc) have experience working with populations that are at higher risk for maternal mortality or severe morbidity, such as populations that experience racial, ethnic, and geographic health disparities, pregnant and postpartum women experiencing a mental health disorder, or pregnant or postpartum women with other comorbidities such as substance use disorders, hypertension, thyroid disorders, and sickle cell disease. (C) Additional members (i) In general In addition to the members required to be appointed under subparagraph (B), the Secretary may appoint as non-voting members to the Advisory Committee such other individuals with relevant expertise or experience as the Secretary shall determine appropriate, which may include, but is not limited to, individuals described in clause (ii). (ii) Suggested additional members The individuals described in this clause are the following: (I) Representatives from State maternal mortality review committees and perinatal quality collaboratives. (II) Medical providers who care for women and infants during pregnancy and the postpartum period, such as family practice physicians, cardiologists, pulmonology critical care specialists, endocrinologists, pediatricians, and neonatologists. (III) Representatives from State and local public health departments, including State Medicaid Agencies. (IV) Subject matter experts in conducting outreach to women who are African American or belong to another minority group. (V) Directors of State agencies responsible for administering a State's maternal and child health services program under title V of the Social Security Act ( 42 U.S.C. 701 et seq. ). (VI) Experts in medical education or physician training. (VII) Representatives from medicaid managed care organizations. (4) Applicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the committee established under this subsection. (d) Contents The guidance described in subsection (a) shall include, with respect to hospitals, freestanding birth centers, and other maternal care providers, the following: (1) Best practices regarding evidence-based screening and clinician education initiatives relating to screening and treatment protocols for individuals who are at risk of experiencing complications related to pregnancy, with an emphasis on individuals with preconditions directly linked to pregnancy complications and maternal mortality and severe morbidity, including— (A) methods to identify individuals who are at risk of maternal mortality or severe morbidity, including risk stratification; (B) evidence-based risk factors associated with maternal mortality or severe morbidity and racial, ethnic, and geographic health disparities; (C) evidence-based strategies to reduce risk factors associated with maternal mortality or severe morbidity through services which may be covered under Medicaid or CHIP, including, but not limited to, activities by community health workers (as such term is defined in section 2113 of the Social Security Act ( 42 U.S.C. 1397mm )) that are funded by a grant awarded under such section; (D) resources available to such individuals, such as nutrition assistance and education, home visitation, mental health and substance use disorder services, smoking cessation programs, pre-natal care, and other evidence-based maternal mortality or severe morbidity reduction programs; (E) examples of educational materials used by providers of obstetrics services; (F) methods for improving community centralized care, including providing telehealth services or home visits to increase and facilitate access to and engagement in prenatal and postpartum care and collaboration with home health agencies, community health centers, local public health departments, or clinics; (G) guidance on medical record diagnosis codes linked to maternal mortality and severe morbidity, including, if applicable, codes related to social risk factors, and methods for educating clinicians on the proper use of such codes; (H) risk appropriate transfer protocols during pregnancy, childbirth, and the postpartum period; and (I) any other information related to prevention and treatment of at-risk individuals determined appropriate by the Secretary. (2) Guidance on monitoring programs for individuals who have been identified as at risk of complications related to pregnancy. (3) Best practices for such hospitals, freestanding birth centers, and providers to make pregnant women aware of the complications related to pregnancy. (4) A fact sheet for providing pregnant women who are receiving care on an outpatient basis with a notice during the prenatal stage of pregnancy that— (A) explains the risks associated with pregnancy, birth, and the postpartum period (including the risks of hemorrhage, preterm birth, sepsis, eclampsia, obstructed labor), chronic conditions (including high blood pressure, diabetes, heart disease, depression, and obesity) correlated with adverse pregnancy outcomes, risks associated with advanced maternal age, and the importance of adhering to a personalized plan of care; (B) highlights multimodal and evidence-based prevention and treatment techniques; (C) highlights evidence-based programs and activities to reduce the incidence of stillbirth (including tracking and awareness of fetal movements, improvement of birth timing for pregnancies with risk factors, initiatives that encourage safe sleeping positions during pregnancy, screening and surveillance for fetal growth restriction, efforts to achieve smoking cessation during pregnancy, community-based programs that provide home visits or other types of support, and any other research or evidence-based programming to prevent stillbirths); (D) provides for a method (through signature or otherwise) for such an individual, or a person acting on such individual’s behalf, to acknowledge receipt of such fact sheet; (E) is worded in an easily understandable manner and made available in multiple languages and accessible formats determined appropriate by the Secretary; and (F) includes any other information determined appropriate by the Secretary. (5) A template for a voluntary clinician checklist that outlines the minimum responsibilities that clinicians, such as physicians, certified nurse-midwives, emergency room and urgent care providers, nurses and others, are expected to meet in order to promote quality and safety in the provision of obstetric services. (6) A template for a voluntary checklist that outlines the minimum responsibilities that hospital leadership responsible for direct patient care, such as the institution’s president, chief medical officer, chief nursing officer, or other hospital leadership that directly report to the president or chief executive officer of the institution, should meet to promote hospital-wide initiatives that improve quality and safety in the provision of obstetric services. (7) Information on multi-stakeholder quality improvement initiatives, such as the Alliance for Innovation on Maternal Health, State perinatal quality improvement initiatives, and other similar initiatives determined appropriate by the Secretary, including— (A) information about such improvement initiatives and how to join; (B) information about public maternal data collection centers; (C) information about quality metrics used and outcomes achieved by such improvement initiatives; (D) information about data sharing techniques used by such improvement initiatives; (E) information about data sources used by such improvement initiatives to identify maternal mortality and severe morbidity risks; (F) information about interventions used by such improvement initiatives to mitigate risks of maternal mortality and severe morbidity; (G) information about data collection techniques on race, ethnicity, geography, age, income, and other demographic information used by such improvement initiatives; and (H) any other information determined appropriate by the Secretary. (e) Inclusion of best practices Not later than 18 months after the date of the publication of the guidance required under subsection (a), the Secretary shall update such guidance to include best practices identified by the Secretary for such hospitals, freestanding birth centers, and providers to track maternal mortality and severe morbidity trends by clinicians at such hospitals, freestanding birth centers, and providers including— (1) ways to establish scoring systems, which may include quality triggers and safety and quality metrics to score case and patient outcome metrics, for such clinicians; (2) methods to identify, educate, and improve such clinicians who may have higher rates of maternal mortality or severe morbidity compared to their regional or State peers (taking into account differences in patient risk for adverse outcomes, which may include social risk factors); (3) methods for using such data and tracking to enhance research efforts focused on maternal health, while also improving patient outcomes, clinician education and training, and coordination of care; and (4) any other information determined appropriate by the Secretary. (f) Cultural and linguistic appropriateness To the extent practicable, the Secretary should develop the guidance, best practices, fact sheets, templates, and other materials that are required under this section in a trauma-informed, culturally and linguistically appropriate manner. 12. Collection of information related to social determinants of the health of Medicaid and CHIP beneficiaries (a) Implementation assessment report to Congress (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to Congress that includes a description of whether and how information related to the social determinants of health for individuals eligible for medical assistance under Medicaid or child health assistance or pregnancy-related assistance under CHIP may be captured under the data systems for such programs as in effect on the date such report is submitted, including— (A) a description of whether and how ICD–10 codes (or successor codes) may be used to identify social determinants of health in programs such as Medicaid and CHIP, and whether other claims file or demographic information may be employed; and (B) a description of whether existing data systems under Medicaid and CHIP could be employed to capture such information, whether program or system changes would be required, how privacy and confidentiality as required under applicable law and regulations would be maintained, and the resources and timeframes at the Federal and State levels that would be needed to make such changes. (2) Guidance for States The Secretary shall issue detailed guidance for States concurrent with the submission of the report to Congress under paragraph (1). Such guidance shall address— (A) whether and how information related to the social determinants of health for individuals eligible for medical assistance under Medicaid or child health assistance or pregnancy-related assistance under CHIP could be captured employing existing systems under such programs; and (B) implementation considerations for capturing such information, including whether program or system changes would be required, whether additional steps would be needed to maintain privacy and confidentiality as required under relevant laws and regulations, and the resources and timeframes at that would be needed to make such changes. (3) Stakeholder input The Secretary shall develop the report required under paragraph (1) and the guidance required under paragraph (2) with the input of relevant stakeholders, such as State Medicaid directors, medicaid managed care organizations, and other relevant Federal agencies such as the Centers for Disease Control and Prevention, the Health Resources Services Administration, and the Agency for Healthcare Research and Quality. (4) Action plan report (A) In general If the Secretary determines in the report required under paragraph (1) that information related to the social determinants of health for individuals eligible for medical assistance under Medicaid or child health assistance or pregnancy-related assistance under CHIP cannot be captured under the data systems for such programs as in effect on the date such report is submitted, then, not later than 6 months after such date, the Secretary shall submit a second report to Congress that contains an action plan for implementing the program or data systems changes needed in order for such information to be collected while maintaining privacy and confidentiality as required under relevant laws and regulations. The action plan should be prepared so as to be implemented by the Federal Government and States not later than 2 years after the date on which the report required under this paragraph is submitted is submitted to Congress. (B) Revised guidance for states The Secretary shall revise and reissue the guidance for States required under paragraph (2) to take into account the action plan included in the report submitted to Congress under subparagraph (A). (5) Authorization of appropriations (A) Federal costs There are authorized to be appropriated to the Secretary, $40,000,000 for purposes of preparing the reports required under this subsection and implementing the collection of information related to the social determinants of health for individuals eligible for medical assistance under Medicaid or child health assistance or pregnancy-related assistance under CHIP. (B) State costs There are authorized to be appropriated to the Secretary, $50,000,000 for purposes of making payments to States in accordance with a methodology established by the Secretary for State expenditures attributable to planning for and implementing the collection of such information in accordance with subsection (d) of section 1946 of the Social Security Act ( 42 U.S.C. 1396w–5 ) (as added by subsection (b)). (b) Application to States Section 1946 of the Social Security Act ( 42 U.S.C. 1396w–5 ) is amended by adding at the end the following: (d) Collection of information related to social determinants of health (1) Development of collection methods (A) In general Subject to paragraph (5), the Secretary, in consultation with the States, shall develop a method for collecting standardized and aggregated State-level information related to social determinants that may factor into the health of beneficiaries under this title and beneficiaries under title XXI which the States, notwithstanding section 1902(a)(7) and as a condition for meeting the requirements of section 1902(a)(6) and section 2107(b)(1), shall use to annually report such information: (i) A model uniform reporting field through the transformed Medicaid Statistical Information System (T–MSIS) (or a successor system) or another appropriate reporting platform, as approved by the Secretary. (ii) A model uniform questionnaire or survey (which may be included as part of an existing survey, questionnaire, or form administered by the Secretary), for purposes of the State or the Secretary collecting such information by administering regularly but not less than annually a questionnaire or survey of beneficiaries under this title and beneficiaries under title XXI. (iii) A model uniform form to be adapted for inclusion in the Medicaid and CHIP Scorecard developed by the Centers for Medicare & Medicaid Services, for purposes of the Secretary collecting such information. (iv) An alternative method identified by the Secretary for collecting such information. (B) Implementation In carrying out the requirements of subparagraph (A), the Secretary shall— (i) for purposes of the method described in clause (i) of such subparagraph, determine the appropriate providers and frequency with which such providers shall complete the reporting field identified and report the information to the State; (ii) for purposes of the method described in clause (ii) of such subparagraph, identify the means and frequency (which shall be no less frequent than once per year) with which a questionnaire or survey of beneficiaries is to be conducted; (iii) with respect to any method described in such subparagraph, issue guidance for ensuring compliance with applicable laws regarding beneficiary informed consent, privacy, and anonymity with respect to the information collected under such method; (iv) with respect to the collection of information relating to beneficiaries who are children, issue guidance on the collection of such information from a parent, legal guardian, or any other person who is legally authorized to share such information on behalf of the child when the direct collection of such information from children may not otherwise be feasible or appropriate; and (v) regularly evaluate the method under such subparagraph and the information reported using such method, and, as needed, make updates to the method and the information reported. (2) Social determinants of health The information collected in accordance with the method made available under paragraph (1) shall, to the extent practicable, include standardized definitions for identifying social determinants of health needs identified in the ICD–10 diagnostic codes Z55 through Z65 (or any such successor diagnostic codes), as defined by the Healthy People 2020 and related initiatives of the Office of Disease Prevention and Health Promotion of the Department of Health and Human Services, or any other standardized set of definitions for social determinants of health identified by the Secretary. Such definitions shall incorporate measures for quantifying the relative severity of any such social determinant of health need identified in an individual. (3) Federal privacy requirements Nothing in this subsection shall be construed to supersede any Federal privacy or confidentiality requirement, including the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and section 543 of the Public Health Service Act and any regulations promulgated thereunder. (4) Application to territories (A) In general To the extent that the Secretary determines that it is not practicable for a State specified in subparagraph (B) to report information in accordance with the method made available under paragraph (1), this subsection shall not apply with respect to such State. (B) Territories specified The States specified in this subparagraph are Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (5) Application (A) In general Subject to subparagraph (B), the requirement for a State to collect information in accordance with the method made available under paragraph (1) shall not apply to the State before the date that is 4 years after the date of enactment of this subsection. (B) Alternative date If an action plan is submitted to Congress under section 13(a)(4) of the Healthy Moms and Babies Act , in lieu of the date described in subparagraph (A), the requirement for a State to collect information in accordance with the method made available under paragraph (1) shall not apply to the State before the date specified in such action plan. (6) Appropriation There is appropriated to the Secretary for fiscal year 2023 and each fiscal year thereafter $1,000,000 to carry out the provisions of this section and subsection (b)(2)(B). . (c) Report on data analyses Section 1946(b)(2) of such Act ( 42 U.S.C. 1396w–5(b)(2) ) is amended— (1) by striking Not later than and inserting the following: (A) Initial reports Not later than ; and (2) by adding at the end the following: (B) Reports on collection of information related to social determinants of health (i) In general Not later than 5 years after the date on which the requirement to collect information under subsection (d) is first applicable to States, the Secretary shall submit to Congress a report that includes aggregate findings and trends across respective beneficiary populations for improving the identification of social determinants of health for beneficiaries under this title and beneficiaries under title XXI based on analyses of the data collected under subsection (d). (ii) Interim report Not later than 3 years after the date of enactment of this subparagraph, the Secretary shall submit to Congress an interim report on progress in developing, implementing, and utilizing the method selected by the Secretary under subsection (d)(1) along with any available, preliminary information that has been collected using such method. . (d) Conforming amendment Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended by adding at the end the following: (U) Section 1946 (relating to addressing health care disparities). . 13. Report on payment methodologies for transferring pregnant women between facilities before, during, and after childbirth (a) In general Subject to the availability of appropriations, not later than 36 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the payment methodologies under Medicaid for the antepartum, intrapartum, and postpartum transfer of pregnant women from one health care facility to another, including any potential disincentives or regulatory barriers to such transfers. (b) Consultation In developing the report required under subsection (a), the Secretary shall consult with the advisory committee established under section 12(c). 14. Medicaid guidance on State options to address social determinants of health for pregnant and postpartum women Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance to States regarding options States may employ to address social determinants of health, as defined by the Healthy People 2030 and related initiatives of the Office of Disease Prevention and Health Promotion of the Department of Health and Human Services, including for pregnant and postpartum women. Such guidance shall, at a minimum, describe the authorities that States may leverage to support addressing the social determinants of health for pregnant and postpartum women and outline best practices for such efforts. 15. Payment error rate measurement (PERM) audit and improvement requirements (a) Biennial PERM audit requirement Beginning with fiscal year 2024, the Administrator shall conduct payment error rate measurement ( PERM ) audits of each State Medicaid program on a biennial basis. (b) PERM error rate reduction plan requirement Beginning with fiscal year 2025, any State with an overall PERM error rate exceeding 15 percent in a PERM audit conducted with respect to the State in the previous fiscal year shall publish a plan, in coordination with, and subject to the approval of, the Administrator, for how the State will reduce its PERM error rate below 15 percent in the current fiscal year. (c) Notification; identification of sources of improper payments (1) Notification Not later than 6 months after the date of enactment of this Act, the Administrator shall notify the contractor conducting PERM audits of the Administrator's intent to modify contracts to require PERM audits not less than once every other year in each State. (2) Identification of sources of improper payments The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. (d) State Medicaid director letter Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (e) State improper payment mitigation plans (1) In general Not later than January 1, 2023, each State Medicaid program shall submit to the Administrator a plan, which shall include specific actions and timeframes for taking such actions and achieving specified results, for mitigating improper payments under such program. (2) Publication of State plans The Administrator shall make State plans submitted under paragraph (1) available to the public. (f) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Centers for Medicare & Medicaid Services. (2) State The term State has the meaning given such term for purposes of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (3) State Medicaid program The term State Medicaid program means a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), and includes any waiver of such a plan. | https://www.govinfo.gov/content/pkg/BILLS-117s5015is/xml/BILLS-117s5015is.xml |
117-s-5016 | II 117th CONGRESS 2d Session S. 5016 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Murkowski (for herself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To designate the medical center of the Department of Veterans Affairs located in Anchorage, Alaska, as the Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System , and for other purposes.
1. Short title This Act may be cited as the Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System Act of 2022 . 2. Findings Congress finds the following: (1) Mary Louise (Milligan) Rasmuson was born April 11, 1911, in East Pittsburgh, Pennsylvania. (2) Mary Louise received a Bachelor of Science degree from the Carnegie Institute of Technology and a Master of Education degree from the University of Pittsburgh. (3) Mary Louise was one of the first two women to receive an Honorary Doctorate of Laws degree from the Carnegie Institute of Technology. (4) In 1942, Mary Louise joined the Women’s Army Auxiliary Corps as a Private and was in the first graduating class. (5) Mary Louise worked up the ranks, and in 1957, President Dwight Eisenhower appointed Mary Louise as the Fifth Director of the Women’s Army Corps and she was reappointed to this position by President John F. Kennedy in 1961. (6) In 1962, Colonel Rasmuson retired from the Army. (7) Colonel Rasmuson was recognized for her outstanding service in the Women’s Army Corps with the Legion of Merit award with two Oak Leaf Clusters for her work in expanding the roles and duties of women in the Army, as well as her role in integrating Black women in the Women’s Army Corps. (8) Colonel Rasmuson became Director of the Women’s Army Corps during tumultuous times and is credited with enhancing the image and recruitment of women into the Women’s Army Corps during her years as the Director. (9) Colonel Rasmuson expanded opportunities for women to serve in assignments previously reserved only for men, starting with the assignments of 12 enlisted women into the First Missile Master Unit at Fort Meade, Maryland. (10) Colonel Rasmuson was instrumental in enabling women to be promoted above the grade of E–7 into the highest enlisted ranks of the Army, E–8 and E–9. (11) During her time in the Women’s Army Corps, Colonel Rasmuson was the guiding force behind the Army opening up the college enlistment option to women under the self-enhancement programs and witnessed the first female enlisted member attend college under those programs. (12) The career of Colonel Rasmuson also laid the groundwork for women to be fully integrated into the United States Army when the Women's Army Corps was disbanded in 1978. (13) In 1961, Mary Louise married a prominent leader in Alaska, Elmer E. Rasmuson, and she was the first Director of the Women’s Army Corps to be married while serving in that position. (14) After her retirement from military service in 1962, Mary Louise moved to Alaska where she continued her leadership as a veteran in her community in Alaska. (15) Mary Louise served as First Lady of Anchorage after the devastating magnitude 9.2 earthquake in 1964, after her husband, Elmer, was elected as mayor, serving from 1964 to 1967. (16) Mary Louise was an advocate of social justice, education, and the arts during her 45 years of work on the Board of the Rasmuson Foundation. (17) Mary Louise served as the Honorary Chair and was a major founder to renovate the Anchorage Veterans Memorial on the Delaney Parkstrip in downtown Anchorage. (18) Mary Louise also contributed to the Army Women’s Museum, the National Museum of the American Indian, and the National Museum of the United States Army. (19) Mary Louise was the Chair of the Anchorage Museum Foundation and helped establish the museum in Anchorage, serving as its Chair for 21 years. (20) On July 30, 2012, Mary Louise died at her home in Anchorage, at the age of 101, but her legacy of character and leadership will endure as an example to all who serve in the United States military. 3. Designation of Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System (a) Designation The medical center of the Department of Veterans Affairs in Anchorage, Alaska, shall, after the date of the enactment of this Act, be known and designated as the Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System . (b) Reference Any reference in any law, regulation, map, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be considered to be a reference to the Colonel Mary Louise Rasmuson Campus of the Alaska VA Healthcare System. | https://www.govinfo.gov/content/pkg/BILLS-117s5016is/xml/BILLS-117s5016is.xml |
117-s-5017 | II 117th CONGRESS 2d Session S. 5017 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Barrasso (for himself, Mrs. Blackburn , Mr. Boozman , Mr. Braun , Mr. Cassidy , Mr. Crapo , Mr. Lankford , Ms. Lummis , Mr. Portman , Mr. Risch , Mr. Toomey , Mr. Young , Mr. Wicker , and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To repeal the corporate alternative minimum tax.
1. Short title This Act may be cited as the Repealing the Ill-Conceived and Problematic (RIP) Book Minimum Tax Act . 2. Repeal of corporate alternative minimum tax (a) In general Sections 10101 and 13904(a) of Public Law 117–169 are repealed. (b) Applicability The Internal Revenue Code of 1986 shall be applied and administered as if such sections (and the amendments made by such sections) had not been enacted. | https://www.govinfo.gov/content/pkg/BILLS-117s5017is/xml/BILLS-117s5017is.xml |
117-s-5018 | II 117th CONGRESS 2d Session S. 5018 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Scott of Florida (for himself, Mr. Sullivan , Mr. Grassley , Mr. Tillis , and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish Department of Homeland Security funding restrictions on institutions of higher education that have a relationship with Confucius Institutes, and for other purposes.
1. Short title This Act may be cited as the DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act . 2. Limitations on Confucius Institutes’ host schools (a) Definitions In this section: (1) Chinese entity of concern The term Chinese entity of concern means any university or college in the People’s Republic of China that— (A) is involved in the implementation of military-civil fusion; (B) participates in the Chinese defense industrial base; (C) is affiliated with the Chinese State Administration for Science, Technology and Industry for the National Defense; (D) receives funding from any organization subordinate to the Central Military Commission of the Chinese Communist Party; or (E) provides support to any security, defense, police, or intelligence organization of the Government of the People’s Republic of China or the Chinese Communist Party. (2) Confucius Institute The term Confucius Institute means a cultural institute funded by the Government of the People’s Republic of China. (3) Institution The term institution has the meaning given the term institution of higher education in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) Relationship The term relationship means, with respect to an institution, any contract awarded, agreement entered into, or any in-kind donation or gift, received from a Confucius Institute or Chinese entity of concern. (b) Restrictions on institutions of higher education (1) In general Beginning the first October 1 occurring after the date that is 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure that an institution that has a relationship with a Confucius Institute or a Chinese entity of concern is ineligible to receive any Science and Technology or Research and Development funds from the Department of Homeland Security. (2) Eligibility after termination An institution described in paragraph (1) may receive Science and Technology or Research and Development funds from the Department of Homeland Security if the institution terminates the relationship between the institution and the Confucius Institute or Chinese entity of concern with which the institution has a relationship. | https://www.govinfo.gov/content/pkg/BILLS-117s5018is/xml/BILLS-117s5018is.xml |
117-s-5019 | II 117th CONGRESS 2d Session S. 5019 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Menendez (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development, and for other purposes.
1. Short title This Act may be cited as the America Mitigating and Achieving Zero-emissions Originating from Nature for the 21st Century Act or the AMAZON21 Act . 2. International Terrestrial Carbon Sequestration Program (a) In general The Secretary shall establish a program, to be known as the International Terrestrial Carbon Sequestration Program , to provide results-based payments for eligible projects in developing countries that reduce emissions and enhance carbon sequestration from forests and other terrestrial ecosystems. (b) Goals In carrying out the program established pursuant to subsection (a), the Secretary shall work with the governments of developing countries and appropriate local partners in developing countries to identify, develop, and implement eligible projects that— (1) will help developing countries meet their international greenhouse gas mitigation commitments; and (2) have the potential to contribute to cooperative efforts— (A) to conserve and restore forests and other terrestrial ecosystems; (B) to provide a counterbalance to investments from countries of concern in cooperating developing countries; (C) to reduce illegal deforestation; and (D) to mitigate and sequester carbon dioxide. (c) Results-Based payments (1) In general An eligible project shall qualify for results-based payments under the program established pursuant to subsection (a) if— (A) in the determination of the Secretary, the host developing country or appropriate local partner will be able to fulfill its obligations under any agreement with respect to the funding of the eligible project through the program established pursuant to subsection (a), including (as applicable) with respect to— (i) host country standards of governance and respect for rule of law; (ii) environmental and social safeguards; and (iii) potential for corruption or misuse of payments made by the Secretary; (B) the eligible project is appropriately designed to use results-based payments; (C) the host developing country or appropriate local partner, as applicable, agrees— (i) to abide by transparency requirements with respect to the use of funds received under the program established pursuant to subsection (a); (ii) to fulfill measuring, reporting, and verification requirements, including independent third-party verification, necessary to provide results-based payments; (iii) to report publicly any data with respect to emissions reductions achieved under such program, linking such data to reporting requirements of or commitments made by a host country under relevant international agreements; (iv) to count the verified emission reductions associated with the eligible project solely towards any of the relevant international commitments of the host developing country; (v) to ensure that women, indigenous communities, and other local stakeholders, as applicable, are empowered and enabled to meaningfully participate in the development, implementation, and potential benefits of the eligible project; and (vi) to disclose any debt the applicant may owe to any entity known to be owned or controlled by a country of concern, including loan amounts, duration, rates, and contractual provisions; and (D) with respect to subparagraph (C)(vi), the host developing country or appropriate local partner agrees that payments may not be used to amortize any loan principal owed to any entity known to be owned or controlled by the country of concern. (2) Additional forms of qualification for results based payments Notwithstanding paragraph (1), an eligible project may qualify for results-based payments under this subsection if— (A) the eligible project includes a combination or aggregation of existing terrestrial carbon mitigation projects such that the total of such projects contributes to the full national or, on an interim basis, subnational territory in the host developing country; or (B) the eligible project is nested into the accounting and reporting of an existing national or sub-national terrestrial carbon mitigation program in the host developing country, including with regard to safeguard requirements and any transfer of credits, without regard to whether the eligible project is below the sub-national level or scale. (d) Multi-Year agreements (1) In general Upon determining that an eligible project qualifies for results-based payments, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (g), to carry out such eligible project. (2) Prioritization The Secretary is encouraged to consider any project for which the execution of such project would directly or indirectly combat illegal deforestation or counter malicious influence from countries of concern in a particular developing country. (3) Third-party leverage of funds The Secretary is encouraged to prioritize projects that include terms that leverage funding from non-profits, businesses, other developed countries, and multilateral financing and development agencies. (4) Partnerships with multilateral programs The Secretary may partner with multilateral or multi-donor programs to fund grants for any eligible project that qualifies for results based payments under subsection (c). (5) Reciprocal commitment The Secretary shall take steps to ensure that the host developing country or appropriate local partners in the host developing country, as applicable, reciprocates the commitments to achieving the goals described in subsection (b). (6) Periodic reviews The Secretary shall periodically review and evaluate the progress of eligible projects— (A) to ensure that eligible projects are proceeding successfully and appropriately maintained; (B) to account for and adapt to externalities that could prevent an eligible project from meeting its objectives; and (C) to assist proponents of an eligible projects in planning and executing the eligible project in accordance with this Act. (7) Termination An agreement under this subsection may be unilaterally terminated by the Secretary if the Secretary determines that— (A) the host developing country or a appropriate local partner is failing or has failed to uphold the terms and conditions established for the eligible project; or (B) the eligible project is not in the national interest of the United States. (8) Double counting of payments The Secretary shall take such steps as may be necessary— (A) to prevent the double counting of, or double payment for, emissions reduction or carbon sequestration results from eligible projects that also may receive funds from other sources, including in accordance with international guidelines and rules on carbon markets; and (B) to ensure that the payments and eligible projects are interoperable and do not supplant or compete with international transferred mitigation outcomes. (e) Transparency The Secretary shall make publicly available a list of funds made available under the program established by subsection (a) and shall update on an annual basis the progress or any lack of progress in the implementation of the corresponding eligible projects and the achievement of the goals described in subsection (b). (f) Agency coordination In carrying out the program under this section, the Secretary shall consult as appropriate with the heads of other relevant Federal departments and agencies, including— (1) with respect to terrestrial carbon sequestration, the Secretary of Agriculture, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, the Chief Forester of the Forest Service, the Administrator of the United States Agency for International Development, and the Administrator of the Environmental Protection Agency; (2) with respect to project monitoring, reporting, and verification, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, the Administrator of the United States Agency for International Development, the Director of the United States Geological Survey, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the Chief Forester of the Forest Service; and (3) with respect to avoiding duplicative foreign aid efforts, particularly for conservation funds, the Administrator of the United States Agency for International Development. (g) Trust fund There is established in the Treasury of the United States a fund to be known as the International Terrestrial Carbon Sequestration Fund , which shall consist of— (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, other developed countries, and multinational entities. (h) Authorization of appropriations (1) Authorization There is authorized to be appropriated to carry out this section— (A) $1,125,000,000 for fiscal year 2022; (B) $1,125,000,000 for fiscal year 2023; (C) $1,125,000,000 for fiscal year 2024; and (D) $1,125,000,000 for fiscal year 2025. (2) Availability Amounts appropriated to carry out this section are authorized to remain available until expended and shall be used solely for the purposes of this section. (3) Salaries and expenses Of the amounts made available for any fiscal year pursuant to the authorization under paragraph (1), not more than $10,000,000 is authorized to be made available for the salaries and expenses of employees to carry out this section. (i) Emissions baseline for eligible projects (1) Proposals for emissions baseline (A) In general To receive results-based payments under this section for an eligible project qualified to receive results-based payments pursuant to subsection (c), a developing country or appropriate local partner shall submit to the Secretary a proposal for an emissions baseline that— (i) is credible, transparent, accurate, and conservatively evaluates the reduction of carbon emission of an eligible project; and (ii) meets the criteria established by the Secretary under paragraph (2). (B) Determination by Secretary (i) In general After receipt of a proposal under subparagraph (A), the Secretary shall determine whether the emission baseline meets the criteria under paragraph (2). (ii) Provision of results-based payments approved emissions baseline If the Secretary determines under clause (i) that the emissions baseline meets the criteria under paragraph (2), the Secretary may provide results-based payments for such eligible project to the developing country or appropriate local partner in accordance with this section. (iii) Failure to meet criteria (I) In general If the Secretary determines under clause (i) that the emissions baseline does not meet the criteria under paragraph (2), the Secretary may negotiate with the developing country or appropriate local partner to reach an agreement on an emissions baseline for the eligible project. (II) Provision of results-based payments for agreed emissions baseline Once an agreement has been reached under subclause (I), the Secretary may provide results-based payments for the eligible project to the developing country or appropriate local partner in accordance with this section. (2) Baseline criteria The Secretary shall establish criteria for each emissions baseline proposed, which shall include requirements that the emissions baseline— (A) is used to account for net emissions reductions achieved from the eligible project; (B) is national, or subnational on an interim basis, in scope; (C) is consistent with mitigation commitments, targets, or actions that are appropriate for the developing country with respect to deforestation or loss of terrestrial ecosystems, taking into consideration— (i) the average annual historical emissions and removals from forests, and other terrestrial ecosystems, as applicable, during a period of at least 5 years; and (ii) the use of the relevant 2006 IPCC Guidelines for National Greenhouse Gas Inventories published by the Intergovernmental Panel on Climate Change to determine applicable drivers of deforestation and land use conversion; (D) establishes a trajectory that would result in zero net deforestation by not later than 10 years after the date on which the baseline is established; (E) is updated not less frequently than once every 5 years to account for changing circumstances in the developing country; (F) includes emissions and removals from— (i) remaining forest land; (ii) conversions of other lands to or from forest land; (iii) conversions between land-use categories other than forest land that, cumulatively with the conversions described in clause (i) amount to 90 percent of the absolute level of the total greenhouse gas emissions and removals associated with all land-use conversions; and (iv) any other land-use category estimated to contribute at least 10 percent of agriculture, forestry, and other land use (AFOLU) emissions in the project area; and (G) takes into consideration existing or planned terrestrial carbon mitigation projects as identified in subsection (c)(2) in a developing country and the effect those projects might have in establishing an emissions baseline for eligible projects funded under this Act. 3. Technical assistance for scaling nature-based solutions in developing countries (a) In general The Administrator of the United States Agency for International Development, in consultation with the Secretary, shall conduct a program to provide resources and technical assistance to developing countries and appropriate local partners to conserve, manage, and restore forests and other terrestrial ecosystems, to support nature-based carbon sequestration as a means of addressing a changing climate, including by providing such resources and assistance with respect to projects for the goals described in section 2(b). Projects under such program shall be directed in developing countries meeting each of the following criteria: (1) The country contains globally significant forests or other terrestrial ecosystems— (A) that are threatened with destruction, degradation, or fragmentation; or (B) where the degradation of forests or terrestrial ecosystems impairs development and significantly drives greenhouse gas emissions. (2) Legitimate land owners or customary use rights holders in the developing country are permitted— (A) to sell carbon credits to voluntary and carbon compliance markets; (B) to receive benefits from the sale of such carbon credits by the government; and (C) to participate in results-based payments transactions. (3) The country has developed, or is in the process of developing, comprehensive policies to monitor, report, and verify the environmental, social, and financial quality and integrity of any such projects, including, if applicable, policies to ensure that the host country avoids double-counting the resulting reductions greenhouse gas emissions. (4) The country presently contains large reserves of forests and terrestrial ecosystems that cannot be recuperated once lost. (b) Technical support prioritization In conducting the program described in subsection (a), the Administrator of the United States Agency for International Development shall prioritize technical support for and investment in the following activities: (1) Reducing greenhouse gas emissions from deforestation, fragmentation, and forest degradation. (2) Enhancing greenhouse gas sequestration through carbon sinks by restoring natural forests and other terrestrial and ecosystems as well as building resilience. (3) Monitoring, reporting, and verification of the environmental, social, and financial quality and integrity of the project as an important component of the work. (4) Assisting governments, willing, legitimate land owners, or willing customary use rights holders in developing projects to engage in carbon markets through— (A) carbon credits sold to buyers on existing carbon compliance markets or voluntary carbon markets; or (B) projects providing results-based payments. (5) Developing domestic infrastructure and capacity building for creating and tracking carbon credits, such as registries or projects eligible for results-based payments, and preparing countries to implement nature-based solution initiatives. (6) Ensuring that women, Indigenous Communities, and other local stakeholders are empowered and enabled to meaningfully participate and share in the potential benefits of activities funded under this section. (7) Ensuring the additionality of projects, programs, and other activities made possible by funding provided pursuant to this section. (c) Authorization There are authorized to be appropriated such sums as may be necessary to carry out this section. 4. Definitions In this Act: (1) Additionality The term additionality means reductions to greenhouse gas emissions in developing countries that would not have occurred but for activities to reduce greenhouse gas emissions in developing countries funded and made possible by funding provided pursuant to section 3. (2) Appropriate local partner The term appropriate local partner means any relevant subnational government, local authority, indigenous community, non-governmental entity, or private landowner in a developing country committed to and capable of achieving the goals described in section 2(b). (3) Country of concern The term country of concern means the government or ruling party of any of the following countries: (A) The Russian Federation. (B) The People’s Republic of China. (C) The Democratic People’s Republic of Korea. (D) The Islamic Republic of Iran. (E) The Bolivarian Republic of Venezuela. (F) The Republic of Cuba. (4) Deforestation The term deforestation means a change in land use, including forest fragmentation and forest degradation, from a forest to any other land use. (5) Developing country The term developing country means— (A) a country eligible to receive official development assistance according to the income guidelines of the Development Assistance Committee of the Organisation for Economic Co-operation and Development; or (B) any other country identified by the Secretary with globally significant forests or terrestrial ecosystems the loss of which is, or has the potential to, significantly contribute to the changing climate. (6) Eligible project The term eligible project means a verifiable and measurable national or subnational activity developed or executed by the central government, subnational government, local authority, indigenous community, non-governmental entity, private landowner, or any group of such persons in a developing country that— (A) reduces a quantity of greenhouse gas emissions from deforestation and loss of terrestrial ecosystems that is calculated by measuring actual emissions against an eligible project baseline, in accordance with subsection (i); or (B) is directed at preserving or enhancing terrestrial ecosystems that might, absent such activity, be lost through conversion to other uses. (7) Emissions reductions The term emissions reductions means greenhouse gas emissions reductions and increased sequestration achieved from— (A) reduced, or avoided deforestation; (B) reforestation; (C) preservation of terrestrial ecosystems; or (D) enhancements to terrestrial ecosystems that will result in the increased sequestration of greenhouse gas emissions. (8) Forest degradation The term forest degradation means any reduction in the carbon stock of a forest due to the effects of human land-use activities, including land-use changes driven by human activity. (9) International transferred mitigation outcomes The term international transferred mitigation outcomes means the units from the mechanisms that bestow carbon mitigation credits for use in international carbon markets. (10) Nature-based solution The term nature-based solution means an activity within a developing country to conserve, restore, or better manage forests and terrestrial ecosystems to sequester greenhouse gas emissions from the atmosphere. (11) Results-based payment The term results-based payment means a mechanism for the provision of United States assistance in which— (A) a developing country, or appropriate local partner in a developing country, assumes responsibility for achieving measurable results in the reduction of emissions through an eligible project; (B) such measurable results are defined in advance of the obligation of assistance by the United States for the eligible project; and (C) such assistance is expended in the form of payments to such developing country or appropriate local partner only upon independent verification of such pre-defined results. (12) Terrestrial ecosystem (A) In general The term terrestrial ecosystem means naturally occurring grasslands, forests, tropical rainforests, mangroves, peatlands, or wetlands comprised of native species generated and maintained primarily through natural ecological and evolutionary processes. (B) Exclusion The term terrestrial ecosystem does not include tree plantations, such as crops of trees planted by humans primarily for the purposes of harvesting. (13) Secretary The term Secretary means the Secretary of State. | https://www.govinfo.gov/content/pkg/BILLS-117s5019is/xml/BILLS-117s5019is.xml |
117-s-5020 | II 117th CONGRESS 2d Session S. 5020 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Warnock introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes.
1. Short title This Act may be cited as the Affordable Electric Vehicles for America Act of 2022 . 2. Adjustment of certain requirements for clean vehicle credit (a) Final assembly Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117–169 , is amended by inserting in the case of any motor vehicle sold after December 31, 2025, before the final assembly . (b) Critical minerals and battery components Section 30D of the Internal Revenue Code of 1986, as amended by section 13401 of Public Law 117–169 , is amended— (1) in subsection (d)(7)— (A) in subparagraph (A), by striking December 31, 2024 and inserting December 31, 2025 , and (B) in subparagraph (B), by striking December 31, 2023 and inserting December 31, 2024 , and (2) in subsection (e)— (A) in paragraph (1)(B)— (i) in clause (i), by striking after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024 and inserting during calendar year 2026 , (ii) in clause (ii), by striking 2024 and inserting 2027 , (iii) in clause (iii), by striking 2025 and inserting 2028 , (iv) in clause (iv), by striking 2026 and inserting 2029 , and (v) in clause (v), by striking December 31, 2026 and inserting December 31, 2029 , (B) in paragraph (2)(B)— (i) in clause (i), by striking after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024 and inserting during calendar year 2026 , (ii) in clause (ii), by striking 2024 or 2025 and inserting 2027 or 2028 , (iii) in clause (iii), by striking 2026 and inserting 2029 , (iv) in clause (iv), by striking 2027 and inserting 2030 , (v) in clause (v), by striking 2028 and inserting 2031 , and (vi) in clause (vi), by striking December 31, 2028 and inserting December 31, 2031 , and (C) in paragraph (3)(B), by striking December 31, 2022 and inserting December 31, 2025 . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117–169 . | https://www.govinfo.gov/content/pkg/BILLS-117s5020is/xml/BILLS-117s5020is.xml |
117-s-5021 | II 117th CONGRESS 2d Session S. 5021 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Warner (for himself, Mr. Moran , Mr. Kaine , Mr. Wicker , Mr. Warnock , and Mrs. Capito ) 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 exclude certain broadband grants from gross income.
1. Short title This Act may be cited as the Broadband Grant Tax Treatment Act . 2. Certain grants for broadband excluded from gross income (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new subsection: 139J. Certain broadband grants (a) In general Gross income shall not include any qualified broadband grant made for purposes of broadband deployment. (b) Denial of double benefit Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any qualified broadband grant which was provided with respect to such expenditure. The adjusted basis of any property shall be reduced by the amount excluded under subsection (a) which was provided with respect to such property. (c) Qualified broadband grant For purposes of this section, the term qualified broadband grant means— (1) any grant or subgrant received under the Broadband Equity, Access, and Deployment Program established under section 60102 of the Infrastructure Investment and Jobs Act, (2) any grant or subgrant received under the State Digital Equity Capacity Grant Program established under section 60304 of such Act, (3) any grant received under the Digital Equity Competitive Grant Program established under section 60305 of such Act, (4) any grant received under section 60401 of such Act (relating to middle mile grants), (5) any grant received— (A) under the broadband loan and grant pilot program established by section 779 of Public Law 115–141 under the Rural Electrification Act of 1936; and (B) from funds made available for such program under the heading Distance Learning, Telemedicine, and Broadband Program under the heading Rural Utilities Service under title I of division J of the Infrastructure Investment and Jobs Act, (6) any grant received from a State, territory, Tribal government, or unit of local government to the extent such grant was— (A) funded by amounts provided to the State or local government under section 602, 603, or 604 of the Social Security Act, and (B) provided for the stated purposes of making investments in broadband infrastructure, or (7) any grant or subgrant received under section 905 of division N of the Consolidated Appropriations Act, 2021. (d) Regulations The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 139I the following new item: Sec. 139J. Certain broadband grants. . (c) Effective date The amendments made by this section shall apply to amounts received in taxable years ending after March 11, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s5021is/xml/BILLS-117s5021is.xml |
117-s-5022 | II 117th CONGRESS 2d Session S. 5022 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Ernst (for herself, Mr. Grassley , Mr. Scott of South Carolina , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To allow recipients of certain loans made or guaranteed by the Small Business Administration to use the loan proceeds to provide childcare services to employees, and for other purposes.
1. Short title This Act may be cited as the Childcare Development of Employee Solutions for Early Rearing in Towns with Shortages Act or the Childcare DESERTS Act . 2. Childcare services as allowable expense under business loan and 504/CDC loan programs (a) Business loans Section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) is amended by adding at the end the following: (38) Childcare services The Administration may guarantee loans under this subsection to a small business concern for which the proceeds are used to provide childcare services to members of the immediate family of employees of the small business concern. . (b) 504/CDC loans Section 502(1) of the Small Business Investment Act of 1958 ( 15 U.S.C. 696(1) ) is amended— (1) by striking borrower to and inserting the following: borrower— (A) to ; (2) in subparagraph (A), as so designated, by striking and for a and inserting the following: ; and (B) for— (i) a ; and (3) in subparagraph (B), as so designated— (A) in clause (i), by striking the period at the end and inserting ; or ; and (B) by adding at the end the following: (ii) providing childcare services to members of the immediate family of employees of the small business concern. . (c) Regulations Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration, in partnership with the Assistant Secretary of the Administration for Children and Families, shall issue regulations to implement the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5022is/xml/BILLS-117s5022is.xml |
117-s-5023 | II 117th CONGRESS 2d Session S. 5023 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Thune (for himself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To improve disaster assistance programs of the Department of Agriculture, and for other purposes.
1. Short title This Act may be cited as the Agriculture Disaster Assistance Improvement Act of 2022 . 2. Emergency conservation program Title IV of the Agricultural Credit Act of 1978 is amended by inserting after section 402B ( 16 U.S.C. 2202b ) the following: 402C. Additional requirements for the emergency conservation program (a) Eligibility of Federal, State, and local land users (1) In general An agricultural producer eligible to receive payments under sections 401 and 402 includes a person that— (A) holds a permit from the Federal Government to conduct agricultural production or grazing on Federal land; or (B) leases land from a State or unit of local government to conduct agricultural production or grazing on that land. (2) Effect Nothing in this subsection authorizes the Secretary to make a payment under section 401 or 402 to a State or unit of local government. (b) Permanent improvements Emergency measures eligible for payments under sections 401 and 402 include— (1) new permanent measures, including permanent water wells and pipelines; and (2) replacement or restoration of existing emergency measures with permanent measures, including permanent water wells and pipelines. (c) Streamlining application process (1) Waiver of public comment During a drought emergency, as determined by the Secretary, the 30-day public comment period required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be waived with respect to an application to carry out emergency measures under section 401 or 402 on land administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this subsection as the Secretary of the Interior ). (2) Acceptance of NRCS reviews With respect to an application to carry out emergency measures under section 401 or 402 on land administered by the Secretary of the Interior, the Secretary of the Interior may accept— (A) during a drought emergency, as determined by the Secretary, an archeological review conducted by the Secretary, acting through the Chief of the Natural Resources Conservation Service, for purposes of an archeological review required to be conducted; (B) an environmental review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) conducted by the Secretary, acting through the Chief of the Natural Resources Conservation Service, for purposes of such an environmental review required to be conducted; and (C) a review under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) conducted by the Secretary, acting through the Chief of the Natural Resources Conservation Service, for purposes of such a review required to be conducted. . 3. Emergency forest restoration program Section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) through (3) as paragraphs (3) through (5), respectively; (B) by inserting before paragraph (3) (as so redesignated) the following: (1) Eligible entity The term eligible entity means— (A) with respect to nonindustrial private forest land, an owner of the nonindustrial private forest land; (B) with respect to Federal land, a person that holds a permit from the Federal Government to conduct agricultural production or grazing on the Federal land; and (C) with respect to land owned by a State or a unit of local government, a person that leases land from the State or unit of local government to conduct agricultural production or grazing on that land. (2) Eligible land The term eligible land means— (A) nonindustrial private forest land; (B) Federal land; and (C) land owned by a State or unit of local government. ; and (C) in paragraph (3) (as so redesignated)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking nonindustrial private forest land and inserting eligible land ; and (II) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (iii) in the matter preceding clause (i) (as so redesignated), by striking The term and inserting the following: (A) In general The term ; and (iv) by adding at the end the following: (B) Inclusions The term emergency measures includes— (i) new permanent measures described in subparagraph (A), including permanent water wells and pipelines; and (ii) replacement or restoration of existing emergency measures with permanent measures described in subparagraph (A), including permanent water wells and pipelines. ; (2) in subsection (b)— (A) by striking an owner of nonindustrial private forest land who and inserting an eligible entity that ; and (B) by striking restore the land and inserting restore eligible land ; (3) in subsection (c)— (A) by striking owner must and inserting eligible entity shall ; and (B) by striking nonindustrial private forest land and inserting eligible land ; (4) in subsection (d), by striking an owner of nonindustrial private forest land and inserting an eligible entity ; (5) by redesignating subsection (e) as subsection (g); and (6) by inserting after subsection (d) the following: (e) Streamlining application process (1) Waiver of public comment During a drought emergency, as determined by the Secretary, the 30-day public comment period required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be waived with respect to an application to carry out emergency measures under this section on land administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this subsection as the Secretary of the Interior ). (2) Acceptance of NRCS reviews With respect to an application to carry out emergency measures under this section on land administered by the Secretary of the Interior, the Secretary of the Interior may accept— (A) during a drought emergency, as determined by the Secretary, an archeological review conducted by the Secretary, acting through the Chief of the Natural Resources Conservation Service, for purposes of an archeological review required to be conducted; (B) an environmental review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) conducted by the Secretary, acting through the Chief of the Natural Resources Conservation Service, for purposes of such an environmental review required to be conducted; and (C) a review under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) conducted by the Secretary, acting through the Chief of the Natural Resources Conservation Service, for purposes of such a review required to be conducted. (f) Effect Nothing in this section authorizes the Secretary to make a payment under this section to a State or unit of local government. . 4. Livestock forage disaster program Section 1501(c)(3)(D)(ii)(I) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(c)(3)(D)(ii)(I) ) is amended— (1) by striking at least 8 consecutive and inserting the following: “not less than— (aa) 4 consecutive weeks during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 1 monthly payment using the monthly payment rate determined under subparagraph (B); or (bb) 8 consecutive ; and (2) in item (bb) (as so designated), by striking 1 monthly payment and inserting 2 monthly payments . 5. Emergency assistance for livestock, honey bees, and farm-raised fish (a) In general Section 1501(d) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(d) ) is amended— (1) in paragraph (1), by inserting drought, after adverse weather, ; (2) in paragraph (2), by inserting adverse weather or drought (such as added transportation costs, feed costs, and reduced honey crops for eligible producers of honey bees), after disease, ; (3) in paragraph (4)— (A) by striking In the case and inserting the following: (A) In general In the case ; and (B) by adding at the end the following: (B) Requirements The payment rate under subparagraph (A) shall— (i) in the case of eligible producers of honey bees, incorporate per-hive and per-colony rates of loss; and (ii) incorporate a standardized expected mortality rate of 15 percent. ; and (4) by adding at the end the following: (5) Documentation (A) In general Any requirements for the submission of documentation by an eligible producer to receive a payment under this subsection shall be consistent nationwide. (B) Producers of honey bees The Secretary, in consultation with eligible producers of honey bees, shall establish a standard, for purposes of this subsection, for— (i) collecting data; and (ii) setting an annual rate for replacing colonies and hives of honey bees. . (b) Applicability to producers of honey bees The Secretary of Agriculture shall apply the amendments made by subsection (a) to producers of honey bees such that there is no limit on the size of a beekeeping operation with respect to those amendments. 6. Drought monitor interagency working group (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall establish an interagency working group (referred to in this section as the working group ) to improve the availability of consistent, accurate, and reliable data for use in producing the United States Drought Monitor in accordance with section 12512 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 5856 ). (b) Membership The working group shall consist of not fewer than— (1) 3 representatives from the Department of Agriculture, including 1 representative from each of— (A) the Office of the Chief Economist, who shall serve as the Chair of the working group; (B) the Forest Service; and (C) the Farm Service Agency; (2) 4 representatives from the National Oceanic and Atmospheric Administration, including 1 representative from each of— (A) the Climate Prediction Center; (B) the National Centers for Environmental Information; (C) the National Integrated Drought Information System; and (D) the National Mesonet Program; (3) 1 representative from the National Drought Mitigation Center; (4) 1 representative from the Department of the Interior; and (5) 3 representatives from mesonet programs in States— (A) that have experienced severe drought, as determined by the United States Drought Monitor, in not less than 5 calendar years during the period of calendar years 2012 through 2021; and (B) more than 50 percent of the land area of which is designated by the Economic Research Service as a Level 1 frontier and remote area. (c) Duties The working group shall— (1) develop a means for the inclusion of additional in-situ data into the process of developing the United States Drought Monitor, including— (A) determining minimum requirements for data to be included in the United States Drought Monitor; (B) identifying data available from other government agencies, including through portals managed by the National Oceanic and Atmospheric Administration; and (C) identifying gaps in coverage and determining solutions to address those gaps; (2) identify and address potential barriers to the use of existing data, including— (A) identifying Federal datasets that would be of immediate use in developing the United States Drought Monitor where access is restricted to some or all authors of the United States Drought Monitor; and (B) developing proposed accommodations, modifications to contractual agreements, or updates to interagency memoranda of understanding to allow for incorporation of datasets identified under subparagraph (A); (3) develop an open and transparent methodology for vetting data products developed using remote sensing or modeling; (4) if determined appropriate by the working group, develop a methodology for inclusion of data that may otherwise be excluded from the United States Drought Monitor due to shorter periods of record; and (5) identify and address any other issues relating to data availability and quality, as determined appropriate by the Chair of the working group. (d) Report (1) In general Not later than 1 year after the date of enactment of this Act, the working group shall submit to the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, and the relevant committees of Congress a report containing recommendations for changes in policies, regulations, guidance documents, or existing law to meet the objectives described in subsection (c). (2) Definition of relevant committees of Congress In this subsection, the term relevant committees of Congress means— (A) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Agriculture of the House of Representatives; and (D) the Committee on Science, Space, and Technology of the House of Representatives. (e) Action by the Secretary Not later than 180 days after the date of submission of the report under subsection (d), the Secretary of Agriculture, in coordination with the Secretary of Commerce and the Secretary of the Interior, shall incorporate, to the extent practicable, the recommendations of the working group to improve the United States Drought Monitor in accordance with section 12512 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 5856 ). (f) Termination The working group shall terminate on the date that is 90 days after the date on which the report is submitted under subsection (d). 7. Alignment of Farm Service Agency and Forest Service drought response (a) In general Not later than 60 days after the date of submission of the report under section 6(d), the Administrator of the Farm Service Agency and the Chief of the Forest Service shall enter into a memorandum of understanding to better align drought response activities of the Farm Service Agency and the Forest Service (referred to in this section as the agencies ). (b) Contents The memorandum of understanding entered into under subsection (a) shall include— (1) a commitment to better align practices of the agencies with respect to determining the severity of regional drought conditions; (2) a strategy for amending those determinations to ensure consistent policy with respect to drought response in cases where the agencies are making inconsistent determinations within the same spatial scale; (3) an agreement to utilize, to the extent practicable, the United States Drought Monitor in making those determinations; and (4) an agreement to provide consistent information to grazing permittees, operators, and other stakeholders affected by determinations relating to drought. | https://www.govinfo.gov/content/pkg/BILLS-117s5023is/xml/BILLS-117s5023is.xml |
117-s-5024 | II 117th CONGRESS 2d Session S. 5024 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Klobuchar (for herself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prevent the theft of catalytic converters and other precious metal car parts, and for other purposes.
1. Short title This Act may be cited as the Preventing Auto Recycling Theft Act or the PART Act . 2. Requirements for new motor vehicle regulations relating to catalytic converters (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration (referred to in this section as the Administrator ) shall— (1) issue a notice of proposed rulemaking to revise the motor vehicle theft prevention standard contained in section 541.5 of title 49, Code of Federal Regulations (or a successor regulation), to include catalytic converters among the parts specified in subsection (a) of that section; (2) issue a notice of proposed rulemaking to revise part 543 of title 49, Code of Federal Regulations (or successor regulations), to require that, notwithstanding the granting of a petition under that part, all catalytic converters be marked in accordance with section 541.5 of that title (as revised pursuant to paragraph (1)); and (3) update other regulations, as necessary, to ensure that, with respect to catalytic converters, the requirements of section 541.5 and part 543 of title 49, Code of Federal Regulations (as revised in accordance with paragraphs (1) and (2), respectively), apply to any vehicle covered by part 565 of that title (or successor regulations). (b) Application Notwithstanding any provision of chapter 331 of title 49, United States Code, in the case of a vehicle described in section 565.2 of title 49, Code of Federal Regulations (or a successor regulation), that has not been sold to the first purchaser (as defined in section 33101 of title 49, United States Code), the requirements added to section 541.5 of title 49, Code of Federal Regulations (or a successor regulation), by the Administrator in accordance with paragraph (1) of subsection (a) shall apply to the vehicle beginning on the date that is 180 days after the date on which the Administrator makes the revisions and updates required by that subsection, regardless of the model year of the vehicle or the date on which the vehicle is manufactured. (c) Marking of catalytic converters notwithstanding an exemption Section 33106 of title 49, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and at the end; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) a certification that the catalytic converter will be marked in accordance with sections 33101 through 33104, including associated regulations; and ; and (2) by adding at the end the following: (f) Requirements for marking catalytic converters The Administrator of the National Highway Traffic Safety Administration shall promulgate regulations requiring catalytic converters on a vehicle line to be marked in accordance with sections 33101 through 33104, including associated regulations. . 3. Grant program for VIN stamping (a) Definitions In this section: (1) Covered activity (A) In general The term covered activity , with respect to a motor vehicle, means die or pin stamping of the full vehicle identification number on the outside of the catalytic converter in a conspicuous manner. (B) Stamping For purposes of subparagraph (A), the term stamping means stamping— (i) in a typed (not handwritten) font; and (ii) covered through the application of a coat of high-visibility, high-heat theft deterrence paint. (2) Eligible entity The term eligible entity means— (A) a law enforcement agency; (B) an automobile dealer; (C) an automobile repair shop and service center; and (D) a nonprofit organization. (3) Secretary The term Secretary means the Secretary of Transportation. (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to eligible entities to carry out covered activities (excluding wages) relating to catalytic converters. (c) Application To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Requirement A covered activity carried out with a grant awarded under this section shall be carried out at no cost to the owner of— (1) the motor vehicle being stamped; or (2) any motor vehicle otherwise receiving service from an eligible entity. (e) Priority In awarding grants under this section, the Secretary shall give priority to— (1) eligible entities operating in areas with the highest need for covered activities, including the areas with the highest rates of catalytic converter theft, as determined by the Secretary; and (2) eligible entities that are in possession of motor vehicles that are subject to the requirement described in section 2(b). (f) Procedures for marking In carrying out the grant program under this section, the Secretary shall issue such regulations as are necessary to establish procedures to mark catalytic converters of vehicles most likely to be targeted for theft with unique identification numbers using a combination of die or pin stamping and high-visibility, high-heat theft deterrence paint without damaging the function of the catalytic converter. (g) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter for 10 years, the Secretary shall submit to Congress a report on the grant program established under subsection (b) that includes a description of the progress, results, and any findings of the grant program, including— (1) the total number of catalytic converters marked under the grant program; and (2) (A) to the extent known, whether any catalytic converters marked under the grant program were stolen; and (B) the outcome of any criminal investigation relating to those thefts. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2023 through 2027. 4. Requirements for purchase of catalytic converters and retention of seller information (a) Inclusion of catalytic converters Section 33101(6) of title 49, United States Code, is amended— (1) in subparagraph (K), by striking and after the semicolon at the end; (2) by resdesignating subparagraph (L) as subparagraph (M); (3) by inserting after subparagraph (K) the following: (L) the catalytic converter; and ; and (4) in subparagraph (M) (as so redesignated), by striking subclauses (A)–(K) of this clause and inserting subparagraphs (A) through (L) of this paragraph . (b) Retention of records Section 33111 of the title 49, United States Code, is amended— (1) in subsection (a), in the subsection heading, by striking General requirements and inserting Prohibitions related to selling motor vehicle parts ; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: (b) Retention of records (1) Definition of precious metals In this subsection, the term precious metals has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations (or a successor regulation). (2) Requirement A seller of motor vehicles or motor vehicle parts that contain precious metals, including a person engaged in the business of salvaging, dismantling, recycling, or repairing motor vehicles or motor vehicle parts that contain precious metals, shall provide to a purchaser on the sale of the motor vehicle or motor vehicle part, as applicable— (A) the name, address, telephone number, and a photocopy of a government-issued identification of the seller; and (B) the make, model, vehicle identification number, date of purchase, and a description of the motor vehicle or, with respect to a motor vehicle part, a description of the motor vehicle from which the part was removed. (3) Duration of retention A person shall retain the information described in paragraph (2) for a period of not less than 2 years. . (c) Prohibition on sale of partial catalytic converters It shall be unlawful to sell or purchase any— (1) partial or de-canned catalytic converter parts; or (2) catalytic converter which has had identifying markings removed or otherwise tampered with. (d) Regulations The Attorney General shall prescribe regulations to carry out this section and the amendments made by this section, including the enforcement and penalties that apply to a violation of this section and the amendments made by this section. 5. Criminal penalties (a) Theft of catalytic converters Chapter 31 of title 18, United States Code, is amended— (1) by adding at the end the following: 671. Theft of catalytic converters (a) Definition In this section, the term precious metals has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations, or any successor regulation. (b) Offense It shall be unlawful to steal or knowingly and unlawfully take, carry away, or conceal a catalytic converter from another person’s motor vehicle, or knowingly purchase such a catalytic converter, with the intent to distribute, sell, or dispose of the catalytic converter or any precious metal removed therefrom in interstate or foreign commerce. (c) Penalty Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. ; and (2) in the table of sections, by adding at the end the following: 671. Theft of catalytic converters. . (b) Definitions Section 2311 of title 18, United States Code, is amended by inserting after for running on land but not on rails; the following: Precious metals has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations, or any successor regulation; . (c) Trafficking in car parts containing precious metals Section 2321 of title 18, United States Code, is amended by adding at the end the following: (d) Trafficking in motor vehicle parts containing precious metals (1) Offense It shall be unlawful to buy, receive, possess, or obtain control of, with intent to sell or otherwise dispose of, a catalytic converter (including a de-canned catalytic converter), knowing that the catalytic converter has been stolen. (2) Penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned not more than 5 years, or both. . (d) Chop shops Section 2322(b) of title 18, United States Code, is amended to read as follows: (b) Definition For purposes of this section, the term chop shop means any building, lot, facility, or other structure or premise where 1 or more persons engage in receiving, concealing, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part that has been unlawfully obtained in order to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, extract any precious metal therefrom, or remove the identity, including the vehicle identification number or derivative thereof, or other identification marking, of the vehicle or vehicle part and to distribute, sell, or dispose of the vehicle or vehicle part, or precious metal extracted from the vehicle or vehicle part, in interstate or foreign commerce. . | https://www.govinfo.gov/content/pkg/BILLS-117s5024is/xml/BILLS-117s5024is.xml |
117-s-5025 | II 117th CONGRESS 2d Session S. 5025 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Manchin (for himself, Mr. Tillis , Mr. Van Hollen , and Mr. Coons ) 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 Deposit Insurance Act and the Federal Credit Union Act to provide exceptions to the prohibition on participation by individuals convicted of certain offenses, and for other purposes.
1. Short title This Act may be cited as the Fair Hiring in Banking Act . 2. Penalties for unauthorized participation by convicted individual (a) Insured depository institutions Section 19(a) of the Federal Deposit Insurance Act ( 12 U.S.C. 1829(a) ) is amended by adding at the end the following: (3) Prior written consent not required (A) In general Except as provided in subparagraph (B), the prior written consent of the Corporation shall not be required under paragraph (1) for any person who has been convicted of an offense referred to in paragraph (1)(A) or has agreed to enter into a pretrial diversion or similar program with a prosecution for such an offense— (i) after the 7-year period beginning on the date that the sentencing or program requirements in connection with the conviction or pretrial diversion or similar program have been completed; (ii) after the 30-month period beginning on the date that the sentencing or program requirements in connection with the conviction or pretrial diversion or similar program have been completed if the person who committed the offense was under 21 years of age; or (iii) if the conviction or agreement for such offense has been pardoned, sealed, or expunged even if any record of the conviction or program entry remain accessible by courts, law enforcement, or in connection with the employment or application for employment of the person in a position where a criminal background check is required by law. (B) Exceptions Subparagraph (A) shall not apply to— (i) any offense described in paragraph (2)(A); (ii) any person who intends to acquire control of any insured depository institution; or (iii) any person who seeks to become a director or executive officer of any insured depository institution. (C) Definitions In this paragraph— (i) the term control has the meaning given the term in section 7(j)(8); and (ii) the term executive officer has the meaning given the term in section 22(h) of the Federal Reserve Act ( 12 U.S.C. 375b(h) ). . (b) Insured credit unions Section 205(d) of the Federal Credit Union Act ( 12 U.S.C. 1785(d) ) is amended by adding at the end the following: (4) Prior written consent not required (A) In general Except as provided in subparagraph (B), the prior written consent of the Board shall not be required under paragraph (1) for any person who has been convicted of an offense referred to in paragraph (1)(A) or has agreed to enter into a pretrial diversion or similar program with a prosecution for such an offense— (i) after the 7-year period beginning on the date that the sentencing or program requirements in connection with the conviction or pretrial diversion or similar program have been completed; (ii) after the 30-month period beginning on the date that the sentencing or program requirements in connection with the conviction or pretrial diversion or similar program have been completed if the person who committed the offense was under 21 years of age; or (iii) if the conviction or agreement for such offense has been pardoned, sealed, or expunged even if any record of the conviction or program entry remain accessible by courts, law enforcement, or in connection with the employment or application for employment of the person in a position where a criminal background check is required by law. (B) Exceptions Subparagraph (A) shall not apply to— (i) any offense described in paragraph (2)(A); or (ii) any person who seeks to become a director or senior executive officer, as defined under section 212(f). . | https://www.govinfo.gov/content/pkg/BILLS-117s5025is/xml/BILLS-117s5025is.xml |
117-s-5026 | II 117th CONGRESS 2d Session S. 5026 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To permit certain businesses to select an alternative covered period for loan forgiveness under the Paycheck Protection Program and provide certain businesses additional loan forgiveness, and for other purposes.
1. Short title This Act may be cited as the Low-Revenue Recipient Paycheck Protection Program Relief Act of 2022 . 2. Low-revenue recipient loan forgiveness (a) In general Section 7A of the Small Business Act ( 15 U.S.C. 636m ) is amended— (1) in subsection (i)— (A) in paragraph (1), by inserting or (m)(2) after subsection (b) ; and (B) in paragraph (3)(B), by inserting or (m)(2) after subsection (b) ; and (2) by adding at the end the following: (m) Low-Revenue recipients loan forgiveness (1) In general With respect to a covered loan received by a low-revenue recipient not later than December 1, 2020, and for which the low-revenue recipient has received no loan forgiveness under this section, at the election of the low-revenue recipient, the term covered period shall, for the purposes of this section, mean the period— (A) beginning on the earlier of— (i) the date selected by the low-revenue recipient; or (ii) September 1, 2021; and (B) ending on a date selected by the eligible recipient of the covered loan that occurs during the period— (i) beginning on the date that is 8 weeks after the start date of the covered period specified in subparagraph (A); and (ii) ending on the date that is 24 weeks after the start date of the covered period specified in subparagraph (A). (2) Additional loan forgiveness (A) In general A low-revenue recipient that received loan forgiveness under this section for a covered loan received not later than December 1, 2020, shall be eligible for additional forgiveness of indebtedness on the covered loan in accordance with this paragraph. (B) Additional forgiveness calculation The amount of forgiveness of indebtedness on a covered loan for which a low-revenue recipient is eligible under this paragraph is the amount equal to the difference between— (i) the amount of forgiveness of indebtedness on the covered loan that the low-revenue recipient would be eligible for under this section, as in effect on the date on which the low-revenue recipient applies for loan forgiveness under this paragraph, if— (I) the low-revenue recipient had not received any loan forgiveness for the covered loan under this section; (II) for the purposes of this section, the term covered period meant the period described in paragraph (1); and (III) for the purposes of paragraphs (5) and (7) of subsection (d), the covered loan was made on or after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( Public Law 116–260 ; 134 Stat. 1993); and (ii) the amount of loan forgiveness for the covered loan that the low-revenue recipient received under this section. (C) Excess payment refund If the Administrator, pursuant to loan forgiveness under this paragraph and in accordance with subsection (c)(3), makes a remittance to a lender in an amount exceeding the total outstanding balance of the applicable covered loan, including any accrued interest, the lender shall pay to the low-revenue recipient an amount equal to that excess. (D) Additional forgiveness limit No low-revenue recipient may receive loan forgiveness under this paragraph more than once. (3) Low-revenue recipient defined In this subsection, the term low-revenue recipient means an eligible recipient that received a covered loan not later than December 1, 2020, and— (A) was not in operation during the period beginning on April 1, 2020, and ending on December 31, 2020; or (B) during the period described in subparagraph (A), had gross receipts of not more than 20 percent of the gross receipts of the eligible recipient during the corresponding period in 2019. . (b) Regulations Not later than 14 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue regulations carrying out subsection (m) of section 7A of the Small Business Act ( 15 U.S.C. 636m ), as added by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s5026is/xml/BILLS-117s5026is.xml |
117-s-5027 | II 117th CONGRESS 2d Session S. 5027 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Klobuchar (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To address the health needs of incarcerated women related to pregnancy and childbirth, and for other purposes.
1. Short title This Act may be cited as the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act . 2. Definitions In this Act: (1) In custody The term in custody , with respect to an individual, means that the individual is under the supervision of a Federal, State, Tribal, or local correctional facility, including a pretrial, juvenile, medical, or mental health facility and a facility operated under a contract with the Federal Government or a State, Tribal, or local government. (2) Other pregnancy outcome The term other pregnancy outcome means a pregnancy that ends in stillbirth, miscarriage, or ectopic pregnancy. (3) Postpartum recovery The term postpartum recovery has the meaning given that term in section 4051(c) of title 18, United States Code, as added by this Act. (4) Restraints The term restraints means any physical or mechanical device used to control the movement of an incarcerated pregnant woman’s body, limbs, or both. (5) Restrictive housing The term restrictive housing has the meaning given that term in section 4322 of title 18, United States Code, as added by this Act. 3. Data collection (a) In general Beginning not later than 1 year after the date of enactment of this Act, pursuant to the authority under section 302 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10132 ), the Director of the Bureau of Justice Statistics shall include in the National Prisoner Statistics Program and Annual Survey of Jails statistics relating to the health needs of incarcerated pregnant women in the criminal justice system at the Federal, State, Tribal, and local levels, including— (1) demographic and other information about incarcerated women who are pregnant, in labor, or in postpartum recovery, including the race, ethnicity, and age of the woman; (2) the provision of pregnancy care and services provided for such women, including— (A) whether prenatal, delivery, and post-delivery check-up visits were scheduled and provided; (B) whether a social worker, psychologist, doula or other support person was offered and provided during pregnancy and delivery and post-delivery; (C) whether a pregnancy or parenting program was offered and provided during pregnancy; (D) whether a nursery or residential program to keep mothers and infants together post-delivery was offered and whether such a nursery or residential program was provided; (E) the number of days the mother stayed in the hospital post-delivery; (F) the number of days the infant remained with the mother post-delivery; and (G) the number of days the infant remained in the hospital after the mother was discharged; (3) the location of the nearest hospital with a licensed obstetrician-gynecologist in proximity to where the incarcerated pregnant woman is housed and the length of travel required to transport the woman; (4) whether a written policy or protocol is in place— (A) to respond to unexpected childbirth, labor, deliveries, or medical complications related to the pregnancies of incarcerated pregnant women; and (B) for incarcerated pregnant women experiencing labor or medical complications related to pregnancy outside of a hospital; (5) the number of incarcerated women who are determined by a health care professional to have a high-risk pregnancy; (6) the total number of incarcerated pregnant women and the number of incarcerated women who became pregnant while incarcerated; (7) the number of incidents in which an incarcerated woman who is pregnant, in labor, or in postpartum recovery is placed in restrictive housing, the reason for such restriction or placement, and the circumstances under which each incident occurred, including the duration of time in restrictive housing, during— (A) pregnancy; (B) labor; (C) delivery; (D) postpartum recovery; and (E) the 6-month period after delivery; and (8) the disposition of the custody of the infant post-delivery. (b) Personally identifiable information Data collected under this section may not contain any personally identifiable information of any incarcerated pregnant woman or woman in postpartum recovery. 4. Care for federally incarcerated women related to pregnancy and childbirth (a) In general The Director of the Bureau of Prisons shall ensure that appropriate services and programs, as described in subsection (b), are provided to women in custody, to address the health and safety needs of such women related to pregnancy and childbirth. The warden of each Bureau of Prisons facility that houses women shall ensure that these services and programs are implemented for women in custody at that facility. (b) Services and programs provided The services and programs described in this subsection are the following: (1) Access to complete appropriate health services for the life cycle of women The Director of the Bureau of Prisons— (A) shall provide to each woman in custody— (i) pregnancy testing and testing for sexually transmitted diseases; and (ii) the option to decline such testing; and (B) at an inmate’s request, shall provide contraception. (2) Compliance with protocols relating to health of a pregnant woman On confirmation of the pregnancy of a woman in custody by clinical diagnostics and assessment, the chief health care professional of the Bureau of Prisons facility in which the woman is housed shall ensure that— (A) a summary of all appropriate protocols directly pertaining to the safety and well-being of the woman are provided to the woman; (B) such protocols are complied with; and (C) such protocols include an assessment of undue safety risks and necessary changes to accommodate the woman where and when appropriate, as it relates to— (i) housing or transfer to a lower bunk for safety reasons; (ii) appropriate bedding or clothing to respond to the woman’s changing physical requirements and the temperature in housing units; (iii) regular access to water and bathrooms; (iv) a diet that— (I) complies with the nutritional standards established by the Secretary of Agriculture and the Secretary of Health and Human Services in the Dietary Guidelines for Americans report published pursuant to section 301(a)(3) of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341(a)(3) ); and (II) includes— (aa) any appropriate dietary supplement, including prenatal vitamins; (bb) timely and regular nutritious meals; (cc) additional caloric content in meals provided; (dd) a prohibition on withholding food from the woman or serving any food that is used as a punishment, including nutraloaf or any food similar to nutraloaf that is not considered a nutritious meal; and (ee) such other modifications to the diet of the woman as the Director of the Bureau of Prisons determines to be necessary after consultation with the Secretary of Health and Human Services and consideration of such recommendations as the Secretary may provide; (v) modified recreation and transportation, in accordance with standards within the obstetrical and gynecological care community, to prevent overexertion or prolonged periods of inactivity; and (vi) such other changes to living conditions as the Director of the Bureau of Prisons may require after consultation with the Secretary of Health and Human Services and consideration of such recommendations as the Secretary may provide. (3) Education and support services (A) Pregnancy in custody A woman who is pregnant at intake or who becomes pregnant while in custody shall, not later than 14 days after the pregnant woman notifies a Bureau of Prisons official of the pregnancy, receive prenatal education, counseling, and birth support services provided by a provider trained to provide such services, including— (i) information about the parental rights of the woman, including the right to place the child in kinship care, and notice of the rights of the child; (ii) information about family preservation support services that are available to the woman; (iii) information about the nutritional standards referred to in paragraph (2)(C)(iv); (iv) information pertaining to the health and safety risks of pregnancy, childbirth, and parenting, including postpartum depression; (v) information on breast-feeding, lactation, and breast health; (vi) appropriate educational materials, resources, and services related to pregnancy, childbirth, and parenting; (vii) information and notification services for incarcerated parents regarding the risk of debt repayment obligations associated with their child’s participation in social welfare programs, including assistance under any State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) or benefits under the supplemental nutrition assistance program, as defined in section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ), or any State program carried out under that Act; and (viii) information from the Office of Child Support Enforcement of the Department of Health and Human Services regarding seeking or modifying child support while incarcerated, including how to participate in the Bureau of Prison’s Inmate Financial Responsibility Program under subpart B of part 545 of title 28, Code of Federal Regulations (or any successor program). (B) Birth while in custody or prior to custody A woman who, while in custody or during the 6-month period immediately preceding intake, gave birth or experienced any other pregnancy outcome shall receive counseling provided by a licensed or certified provider trained to provide such services, including— (i) information about the parental rights of the woman, including the right to place the child in kinship care, and notice of the rights of the child; and (ii) information about family preservation support services that are available to the woman. (4) Evaluations (A) In general Each woman in custody who is pregnant or whose pregnancy results in a birth or any other pregnancy outcome during the 6-month period immediately preceding intake or any time in custody thereafter shall be evaluated as soon as practicable after intake or confirmation of pregnancy through evidence-based screening and assessment for substance use disorders or mental health conditions, including postpartum depression or depression related to pregnancy, birth, or any other pregnancy outcome or early child care. (B) Risk factors Screening under subparagraph (A) shall include identification of any of the following risk factors: (i) An existing mental or physical health condition or substance use disorder. (ii) Being underweight or overweight. (iii) Multiple births or a previous still birth. (iv) A history of preeclampsia. (v) A previous Caesarean section. (vi) A previous miscarriage. (vii) Being older than 35 or younger than 15. (viii) Being diagnosed with the human immunodeficiency virus, hepatitis, diabetes, or hypertension. (ix) Such other risk factors as the chief health care professional of the Bureau of Prisons facility that house the woman may determine to be appropriate. (5) Unexpected births rulemaking The Director of the Bureau of Prisons shall provide services to respond to unexpected childbirth deliveries, labor complications, and medical complications related to pregnancy if a woman in custody is unable to access a hospital in a timely manner in accordance with rules promulgated by the Attorney General, which shall be promulgated not later than 180 days after the date of enactment of this Act. (6) Treatment The Director of the Bureau of Prisons shall use best efforts to provide a woman in custody who is pregnant and diagnosed with having a substance use disorder or a mental health disorder with appropriate evidence-based treatment. 5. Use of restrictive housing on incarcerated pregnant women during pregnancy, labor, and postpartum recovery prohibited (a) In general Section 4322 of title 18, United States Code, is amended to read as follows: 4322. Use of restrictive housing on incarcerated women during the period of pregnancy, labor, and postpartum recovery prohibited (a) Prohibition Except as provided in subsection (b), during the period beginning on the date on which pregnancy is confirmed by a health care professional and ending not earlier than 12 weeks after delivery, an incarcerated woman in the custody of the Bureau of Prisons, or in the custody of the United States Marshals Service pursuant to section 4086, shall not be held in restrictive housing. (b) Exceptions (1) Restrictive housing Subject to paragraph (4), the prohibition under subsection (a) relating to restrictive housing shall not apply if the Director of the Bureau of Prisons or a senior Bureau of Prisons official overseeing women’s health and services, in consultation with senior officials in health services, makes an individualized determination that restrictive housing is required as a temporary response to behavior that poses a serious and immediate risk of physical harm. (2) Review The official who makes a determination under subparagraph (A) shall review such determination daily for the purpose of removing an incarcerated woman as quickly as feasible from restrictive housing. (3) Restrictive housing plan The official who makes a determination under subparagraph (A) shall develop an individualized plan to move an incarcerated woman to less restrictive housing within a reasonable amount of time. (4) Prohibition on solitary confinement An incarcerated woman who is placed in restrictive housing under this subsection may not be placed in solitary confinement if the incarcerated woman is in her third trimester. (c) Reports (1) Report to Directors and health care professional after placement in restrictive housing Not later than 30 days after the date on which an incarcerated woman is placed in restrictive housing under subsection (b), the applicable official identified in subsection (b)(1), correctional officer, or United States Marshal shall submit to the Director of the Bureau of Prisons or the Director of the United States Marshals Service, as applicable, and to the health care professional responsible for the health and safety of the woman, a written report which describes the facts and circumstances surrounding the restrictive housing placement, and includes the following: (A) The reasoning upon which the determination for the placement was made. (B) The details of the placement, including length of time of placement and how frequently and how many times the determination was made subsequent to the initial determination to continue the restrictive housing placement. (C) A description of all attempts to use alternative interventions and sanctions before the restrictive housing was used. (D) Any resulting physical effects on the woman observed by or reported by the health care professional responsible for the health and safety of the woman. (E) Strategies the facility is putting in place to identify more appropriate alternative interventions should a similar situation arise again. (2) Report to Congress Not later than 180 days after the date of enactment of the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act , and every 180 days thereafter for a period of 10 years, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the placement of incarcerated women in restrictive housing under subsection (b), which shall include the information described in paragraph (1). (d) Notice Not later than 24 hours after the confirmation of the pregnancy of an incarcerated woman by a health care professional, that woman shall be notified, orally and in writing, by an appropriate health care professional, correctional officer, or United States Marshal, as applicable— (1) of the restrictions on the use of restrictive housing placements under this section; (2) of the right of the incarcerated woman to make a confidential report of a violation of restrictions on the use of restrictive housing placement; and (3) that the facility staff have been advised of all rights of the incarcerated woman under subsection (a). (e) Violation reporting process Not later than 180 days after the date of enactment of the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act , the Director of the Bureau of Prisons and the Director of the United States Marshals Service shall establish processes through which an incarcerated person may report a violation of this section. (f) Notification of rights The warden of the Bureau of Prisons facility where a pregnant woman is in custody shall notify necessary facility staff of the pregnancy and of the rights of the incarcerated pregnant woman under subsection (a). (g) Retaliation It shall be unlawful for any Bureau of Prisons or United States Marshals Service employee to retaliate against an incarcerated person for reporting under the processes established under subsection (e) a violation of subsection (a). (h) Education Not later than 90 days after the date of enactment of the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act , the Director of the Bureau of Prisons and the Director of the United States Marshals Service shall each— (1) develop education guidelines regarding the physical and mental health needs of incarcerated pregnant women, and the use of restrictive housing placements on incarcerated women during the period of pregnancy, labor, and postpartum recovery; and (2) incorporate such guidelines into appropriate education programs. (i) Definition In this section, the term restrictive housing means any type of detention that involves— (1) removal from the general inmate population, whether voluntary or involuntary; (2) placement in a locked room or cell, whether alone or with another inmate; and (3) inability to leave the room or cell for the vast majority of the day. . (b) Clerical amendment The table of sections for chapter 317 of title 18, United States Code, is amended by striking the item relating to section 4322 and inserting the following: 4322. Use of restrictive housing on incarcerated women during the period of pregnancy, labor, and postpartum recovery prohibited. . 6. Treatment of women with high-risk pregnancies (a) In general Chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4051. Treatment of incarcerated pregnant women (a) High-Risk pregnancy health care The Director of the Bureau of Prisons shall ensure that each incarcerated pregnant woman receives an evaluation to determine if the pregnancy is high-risk and, if so, receives healthcare appropriate for a high-risk pregnancy, including obstetrical and gynecological care, during pregnancy and postpartum recovery. (b) High-Risk pregnancies (1) In general The Director of the Bureau of Prisons shall transfer to a Residential Reentry Center with adequate health care during her pregnancy and postpartum recovery any incarcerated woman who— (A) is determined by a health care professional to have a high-risk pregnancy; and (B) agrees to be transferred. (2) Priority The Residential Reentry Center to which an incarcerated pregnant woman is transferred under paragraph (1) shall, to the extent practicable, be in a geographical location that is close to the family members of the incarcerated pregnant woman. (3) Transportation To transport an incarcerated pregnant woman to a Residential Reentry Center, the Director of the Bureau of Prisons shall provide to the woman a mode of transportation that a healthcare professional has determined to be safe for transporting the pregnant woman. (4) Service of sentence Any time accrued at a Residential Reentry Center or alternative housing as a result of a transfer made under this section shall be credited toward service of the incarcerated pregnant woman’s sentence. (c) Definitions In this section: (1) Health care professional The term health care professional means— (A) a doctor of medicine or osteopathy who is authorized to diagnose and treat physical or mental health conditions under the laws of the State in which the doctor practices and where the facility is located; (B) any physician’s assistant or nurse practitioner who is supervised by a doctor of medicine or osteopathy described in subparagraph (A); or (C) any other person determined by the Director of the Bureau of Prisons to be capable of providing health care services. (2) High-risk pregnancy The term high-risk pregnancy means, with respect to an incarcerated woman, that the pregnancy threatens the health or life of the woman or pregnancy, as determined by a health care professional. (3) Postpartum recovery The term postpartum recovery means the 3-month period beginning on the date on which an incarcerated pregnant woman gives birth, or longer as determined by a health care professional following delivery, and shall include the entire period that the incarcerated pregnant woman is in the hospital or infirmary. (4) Residential reentry center The term Residential Reentry Center means a Bureau of Prisons contracted residential reentry center. . (b) Conforming amendment The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4051. Treatment of incarcerated pregnant women. . 7. Reporting requirement regarding claims filed by pregnant inmates The Director of the Federal Bureau of Prisons shall make publicly available on the website of the Federal Bureau of Prisons on an annual basis the following information: (1) The total number of Administrative Remedy appeals related to pregnant inmates that were filed during the previous year. (2) The total number of institution-level Requests for Administrative Remedy related to pregnant inmates that were filed during the previous year. (3) The total number of informal requests for administrative remedy related to pregnant inmates that were filed during the previous year. (4) The total number of requests or appeals related to pregnant inmates during the previous year that were not resolved before the inmate gave birth or that were mooted because the inmate’s pregnancy ended. (5) The average amount of time that each category of request or appeal took to resolve during the previous year. (6) The shortest and longest amounts of time that a request or appeal in each category that was resolved in the last year took to resolve. 8. Education and technical assistance The Director of the National Institute of Corrections shall provide education and technical assistance, in conjunction with the appropriate public agencies, at State and local correctional facilities that house women and facilities in which incarcerated women go into labor and give birth, in order to educate the employees of such facilities, including health personnel, on the dangers and potential mental health consequences associated with the use of restrictive housing and restraints on incarcerated women during pregnancy, labor, and postpartum recovery, and on alternatives to the use of restraints and restrictive housing placement. 9. Bureau of Prisons staff and United States Marshals training (a) Bureau of prisons training (1) In general (A) Initial training Not later than 180 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall provide training to carry out the requirements of this Act and the amendments made by this Act to each correctional officer at any Bureau of Prisons facility that houses women who is employed on the date of enactment of this Act. (B) Subsequent training After the initial training provided under subparagraph (A), the Director of the Bureau of Prisons shall provide training to carry out the requirements of this Act and the amendments made by this Act twice each year to each correctional officer at any Bureau of Prisons facility that houses women. (2) New hires (A) Definition In this paragraph, the term covered new correctional officer means an individual appointed to a position as a correctional officer at a Bureau of Prisons facility that houses women on or after the date that is 180 days after the date of enactment of this Act. (B) Training The Director of the Bureau of Prisons shall train each covered new correctional officer to carry out the requirements of this Act and the amendments made by this Act not later than 30 days after the date on which the covered new correctional officer is appointed. (b) United States Marshals training (1) In general On and after the date that is 180 days after the date of enactment of this Act, the Director of the United States Marshals Service shall ensure that each Deputy United States Marshal has received trained pursuant to the guidelines described in subsection (c). (2) New hires (A) Definition In this paragraph, the term new Deputy United States Marshal means an individual appointed to a position as a Deputy United States Marshal after the date of enactment of this Act. (B) Training Not later than 30 days after the date on which a new Deputy United States Marshal is appointed, the new Deputy United States Marshal shall receive training pursuant to the guidelines described in subsection (c). (c) Guidelines (1) In general The Director of the Bureau of Prisons and the United States Marshals Service shall each develop guidelines on the treatment of incarcerated women during pregnancy, labor, and postpartum recovery and incorporate such guidelines in the training required under this section. (2) Contents The guidelines developed under paragraph (1) shall include guidance on— (A) the transportation of incarcerated pregnant women; (B) housing of incarcerated pregnant women; (C) nutritional requirements for incarcerated pregnant women; and (D) the right of a health care professional to request that restraints not be used. 10. GAO study on State and local correctional facilities The Comptroller General of the United States shall conduct a study of services and protections provided for pregnant incarcerated women in local and State correctional settings, including— (1) policies on— (A) obstetrical and gynecological care; (B) education on nutritional issues and health and safety risks associated with pregnancy; (C) mental health and substance use treatment; (D) access to prenatal and post-delivery support services and programs; and (E) the use of restraints and restrictive housing placement; and (2) the extent to which the intent of such policies is fulfilled. 11. GAO study on Federal pretrial detention facilities (a) Study The Comptroller General of the United States shall conduct a study of services and protections provided for pregnant women who are incarcerated in Federal pretrial detention facilities, which shall examine— (1) what available data indicate about pregnant women detained or held in Federal pretrial detention facilities; (2) existing United States Marshals Service policies and standards that address the care of pregnant women in Federal pretrial detention facilities; and (3) what is known about the care provided to pregnant women in Federal pretrial detention facilities. (b) Report and best practices Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report of the results of the study conducted under subsection (a), which shall— (1) identify best practices for ensuring that Federal pretrial detention facilities implement services and protections for pregnant women consistent with this Act and the amendments made by this Act; and (2) provide recommendations on how to implement these best practices among all Federal pretrial detention facilities. (c) Definition For purposes of this section, the term Federal pretrial detention facilities includes State, local, private, or other facilities under contract with the United States Marshals Service for the purpose of housing Federal pretrial detainees. 12. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s5027is/xml/BILLS-117s5027is.xml |
117-s-5028 | II 117th CONGRESS 2d Session S. 5028 IN THE SENATE OF THE UNITED STATES September 29, 2022 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 Workforce Innovation and Opportunity Act to prioritize programs that provide evidence of performance.
1. Short title This Act may be cited as the Prioritizing Evidence for Workforce Development Act . 2. Prioritizing programs that provide evidence of performance Section 102 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3112 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (D), by striking and after the semicolon; (ii) in subparagraph (E), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (F) a description of how the State plans to prioritize the funding of evidence-based programs for which evidence from a rigorous evaluation of the programs shows a positive effect on the target population for the programs, with highest priority given to programs that are high-evidence interventions, next priority given to programs that are moderate-evidence interventions, and next priority given to programs that are low-evidence interventions. ; and (B) in paragraph (2)(C)— (i) in clause (vii), by striking and after the semicolon; (ii) in clause (viii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (ix) how the State will prioritize the funding of evidence-based programs for which evidence from a rigorous evaluation of the programs shows a positive effect on the target population for the programs. ; and (2) by adding at the end the following: (d) Definitions In subsection (b): (1) Evidence-based The term evidence-based , used with respect to an activity, strategy, or other intervention, means a high-evidence, moderate-evidence, or low-evidence intervention. (2) High-evidence The term high-evidence , used with respect to an intervention, means an intervention that is shown to produce a sizable, sustained effect on important outcomes, in— (A) two or more well-conducted experimental studies carried out in typical community settings and conducted at different implementation sites; or (B) one large multisite well-conducted experimental study carried out in such a setting. (3) Low-evidence The term low-evidence , used with respect to an intervention, means an intervention that is shown to produce or have the potential to produce a positive effect on important outcomes, in a study based on a reasonable hypothesis and with credible research findings, such as a correlational study with statistical controls for selection bias or descriptive research such as a case study. (4) Moderate-evidence The term moderate-evidence , used with respect to an intervention, means an intervention that is shown to produce a positive effect, that is sizable but not yet conclusive, on important outcomes, in at least one well-conducted experimental study, or in a rigorous quasi-experimental study from which a researcher can draw a causal conclusion regarding the intervention’s effectiveness. (5) Well-conducted experimental study The term well-conducted experimental study means an experimental study such as a study with randomized controlled trials. . | https://www.govinfo.gov/content/pkg/BILLS-117s5028is/xml/BILLS-117s5028is.xml |
117-s-5029 | II 117th CONGRESS 2d Session S. 5029 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Murphy (for himself, Mr. Cornyn , Mr. Tillis , Mr. Blumenthal , and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize funding for, and increase accessibility to, the National Missing and Unidentified Persons System, to facilitate data sharing between such system and the National Crime Information Center database of the Federal Bureau of Investigation, to provide incentive grants to help facilitate reporting to such systems, and for other purposes.
1. Short title This Act may be cited as Billy’s Law or the Help Find the Missing Act . 2. Authorization of the national missing and unidentified persons system (a) In general The Attorney General, shall maintain the National Missing and Unidentified Persons System or NamUs , consistent with the following: (1) The NamUs shall be a national information clearinghouse and resource center for missing, unidentified, and unclaimed person cases across the United States administered by the National Institute of Justice and managed through an agreement with an eligible entity. (2) The NamUs shall coordinate or provide— (A) online database technology which serves as a national information clearinghouse to help expedite case associations and resolutions; (B) various free-of-charge forensic services to aid in the identification of missing persons and unidentified remains; (C) investigative support for criminal justice efforts to help missing and unidentified person case resolutions; (D) technical assistance for family members of missing persons; (E) assistance and training by coordinating State and local service providers in order to support individuals and families impacted by the loss or disappearance of a loved one; and (F) training and outreach from NamUs subject matter experts, including assistance with planning and facilitating Missing Person Day events across the country. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section not more than a total of $7,000,000 for each of the fiscal years 2023 through 2028. (c) Permissible use of funds (1) In general The permissible use of funds awarded under this section for the implementation and maintenance of the agreement created in subparagraph (a)(1) include the use of funds— (A) to hire additional personnel to provide case support and perform other core NamUs functions; (B) to develop new technologies to facilitate timely data entry into the relevant data bases; (C) to conduct contracting activities relevant to core NamUs services; (D) to provide forensic analyses to support the identification of missing and unidentified persons, to include, but not limited to DNA typing, forensic odontology, fingerprint examination, and forensic anthropology; (E) to train State, local, and Tribal law enforcement personnel and forensic medicine service providers to use NamUs resources and best practices for the investigation of missing and unidentified person cases; (F) to assist States in providing information to the NCIC database, the NamUs database, or any future database system for missing, unidentified, and unclaimed person cases; (G) to report to law enforcement authorities in the jurisdiction in which the remains were found information on every deceased, unidentified person, regardless of age; (H) to participate in Missing Person Days and other events to directly support family members of the missing with NamUs case entries and DNA collections; (I) to provide assistance and training by coordinating State and local service providers in order to support individuals and families; (J) to conduct data analytics and research projects for the purpose of enhancing knowledge, best practices, and training related to missing and unidentified person cases, as well as developing NamUs system enhancements; (K) to create and maintain a secure, online, nationwide critical incident response tool for professionals that will connect law enforcement, medico-legal and emergency management professionals, as well as victims and families during a critical incident; and (L) for other purposes consistent with the goals of this section. (d) Amendments to the Crime Control Act of 1990 To require reports of missing children to NamUs (1) Reporting requirement Section 3701(a) of the Crime Control Act of 1990 ( 34 U.S.C. 41307(a) ) is amended by striking the period and inserting the following: and, consistent with section 3 (including rules promulgated pursuant to section 3(c)) of the Help Find the Missing Act, shall also report such case, either directly or through authorization described in such section to transmit, enter, or share information on such case, to the NamUs databases. . (2) State requirements Section 3702 of the Crime Control Act of 1990 ( 34 U.S.C. 41308 ) is amended— (A) in paragraph (2), by striking or the National Crime Information Center computer database and inserting , the National Crime Information Center computer database, or the NamUs databases ; (B) in the matter following paragraph (3), by striking and the National Crime Information Center computer networks and inserting , the National Crime Information Center computer networks, and the NamUs databases ; and (C) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting or the NamUs databases after National Crime Information Center ; and (ii) in subparagraph (A), by striking and National Crime Information Center computer networks and inserting , National Crime Information Center computer networks, and the NamUs databases . (3) Effective date The amendments made by this subsection shall apply with respect to reports made before, on, or after the date of enactment of this Act. 3. Information sharing (a) Access to NCIC Not later than 1 year after the date of enactment of this Act, the Attorney General shall, in accordance with this section, provide access to the NCIC Missing Person and Unidentified Person Files to the National Institute of Justice or its designee administering the NamUs program as a grantee or contractor, for the purpose of reviewing missing and unidentified person records in NCIC for case validation and NamUs data reconciliation. (b) Electronic data sharing Not later than 6 months after the date of enactment of this Act, the Attorney General shall, in accordance with this section, have completed an assessment of the NCIC and NamUs system architectures and governing statutes, policies, and procedures and provide a proposed plan for the secure and automatic data transmission of missing and unidentified person records that are reported to and entered into the NCIC database, with the following criteria, to be electronically transmitted to the NamUs system. (1) Missing Person cases with an MNP (Missing Person) code of CA (Child Abduction) or AA (Amber Alert) within 72 hours of entry into NCIC; (2) Missing Person cases with an MNP code EME (Endangered) or EMI (Involuntary) within 30 days of entry into NCIC; (3) All other Missing Person cases that have been active (non-cancelled) in NCIC for 180 days; (4) Unidentified person cases that have been active (non-cancelled) in NCIC for 60 days; (5) Once case data are transmitted to NamUs, cases are marked as such within NCIC, and any updates to such cases will be transmitted to NamUs within 24 hours. (c) Rules on confidentiality (1) In general Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Director of the FBI, shall promulgate rules pursuant to notice and comment that specify the information the Attorney General may allow NamUs to access from the NCIC Missing Person and Unidentified Person files or be transmitted from the NCIC database to the NamUs databases for purposes of this Act. Such rules shall— (A) provide for the protection of confidential, private, and law enforcement sensitive information contained in the NCIC Missing Person and Unidentified Person files; and (B) specify the circumstances in which access to portions of information in the Missing Person and Unidentified Person files may be withheld from the NamUs databases. 4. Incentive grants program (a) Establishment (1) In general The Attorney General shall establish a program to provide grants to qualifying law enforcement agencies, forensic medicine service providers, forensic science service providers, and other authorized agencies to facilitate the process of reporting information regarding missing persons and unidentified remains to the NCIC database and NamUs databases for purposes of assisting in locating such missing persons and identifying such remains. (2) Certification A statewide agency applying for a grant under this section shall certify that the agency will assist other State, local, and Tribal agencies in that State and, upon request, provide information required under subsection (b) in the format and within the timeframe under that subsection. No applicant may receive a grant in an amount greater than what the Attorney General determines necessary to perform its statewide responsibilities under this section. (b) Requirements (1) In general As a condition of a grant under this section, a grant recipient shall, with respect to each case reported to the agency or office of the recipient relating to a missing person described in a category under subsection (e) or relating to unidentified remains— (A) not later than 72 hours after such case is reported to the agency or office and consistent with subsection (c), submit to the NCIC database and NamUs databases— (i) in the case of a missing person described in a category under subsection (e), at least the minimum information described in subsection (f)(1); and (ii) in the case of unidentified remains, at least the minimum information described in subsection (f)(2); (B) not later than 60 days after the original entry of the report, verify and update any original report entered into the State law enforcement system, the NCIC database, or NamUs databases after receipt of the grant with any additional information, including, to the greatest extent possible— (i) information on DNA profiles that have been uploaded to the National DNA Index System under subparagraph (E); (ii) fingerprints, medical and dental records, and photographs of any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics; (iii) in the case of unidentified remains, photographs or digital images that may assist in identifying the decedent, including fingerprint cards, radiographs, palmprints, and distinctive features of the decedent’s personal effects; and (iv) any other information determined to be appropriate by the Attorney General; and (C) not later than 180 days after such case is reported to the agency office and consistent with subsection (c), submit to the NamUs database (i) in the case of a missing person described in category under subsection (e), at least the minimum information described in subsection (f)(1); and (ii) in the case of unidentified remains, at least the minimum information described in subsection (f)(2); (D) not later than 30 days after entry into the NamUs database after receipt of the grant with any additional information, including, to the greatest extent possible— (i) information on DNA profiles that have been uploaded to National DNA Index Systems under subparagraph (C); (ii) fingerprints, medical dental records, and photographs of any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics; (iii) in the case of unidentified remains, photographs or digital images that may assist in identifying the decedent, including fingerprint cards, radiographs, palmprints, and distinctive features of the decedent’s personal effects; and (iv) any other information determined to be appropriate by the Attorney General; and (E) not later than 60 days after the original entry of the report, to the greatest extent possible, submit to the National DNA Index System of the FBI, established pursuant to section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12592 ), either directly or through use of NamUs victims assistance resources and DNA collection services, DNA samples and information relating to such case. (2) Sharing of information For purposes of subparagraph (B), in the case of information a grant recipient authorizes to be transferred, entered, or shared under section 3 between the NCIC database and NamUs databases, any update to such information shall be made with respect to both databases unless specified otherwise by the recipient. (c) Submission of reports To satisfy subsection (b)(1)(A), a recipient of a grant under this section shall submit information required under such subsection to the NCIC database. (d) Clarification In no case may a recipient of a grant under this section use funds to enter or help facilitate the entrance of any false or misleading information about missing persons or unidentified remains. (e) Categories of missing persons The categories of missing persons described in this subsection are the following: (1) A missing person age 18 or older who— (A) is senile or is suffering from a proven mental or physical disability, as documented by a source deemed credible to an appropriate law enforcement entity; or (B) is missing under circumstances that indicate, as determined by an appropriate law enforcement entity— (i) that the person’s physical safety may be endangered; (ii) that the disappearance may not have been voluntary, such as abduction or kidnapping; or (iii) that the disappearance may have been caused by a natural disaster or catastrophe (such as an airplane crash or terrorist attack). (2) A missing person who does not meet the criteria described in paragraph (1) but who meets one of the following criteria: (A) There is a reasonable concern, as determined by an appropriate law enforcement entity, for the safety of the missing person. (B) The person is under age 21 and emancipated under the laws of the person’s State of residence. (f) Minimum information required (1) Content for missing persons The minimum information described in this section, with respect to a missing person, is the following: (A) The full name, date of birth, gender or biological sex, race or ethnicity, height, weight, eye color, and hair color of the missing person. (B) If the missing person is American Indian or Alaska Native, any Tribal enrollment or affiliation information, or if the missing person is Native Hawaiian, the Native Hawaiian organization. (C) The date and location of the last known contact with the missing person, including the city, county, and State where the person went missing. (D) If the missing person was last seen on Tribal or Native Hawaiian land under the jurisdiction of the United States. (E) The category described in subsection (e) in which the missing person is classified. (F) Circumstances of the disappearance. (G) The law enforcement agency investigating the case, to include any name, case number, assigned investigator, and contact information. (2) Content for unidentified human remains The minimum information described in this section, with respect to unidentified human remains, is the following: (A) If possible, the estimated age, gender or biological sex, race or ethnicity, height, weight, hair color, and eye color. (B) If possible, any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics. (C) If possible, a description of clothing found on the decedent. (D) The city, county, or other locality and the State where the unidentified human remains were found. (E) If the remains were found on Tribal or Hawaiian Native land under the jurisdiction of the United States. (F) The forensic medicine service provider or Justice of the Peace with primary jurisdiction and legal authority over the remains. (G) The name of the lead law enforcement agency investigating the case, to include agency name, case number, assigned investigator, and contact information. (H) Information on the extent to which DNA samples are available, including the availability of such samples submitted to the National DNA Index System under subsection (b)(1)(C). (g) Administration The Attorney General shall prescribe requirements, including with respect to applications, for grants awarded under this section and shall determine the amount of each such grant. (h) Confidentiality As a condition of a grant under this section, the recipient of the grant shall ensure that information reported under the grant meets the requirements promulgated by the Attorney General under section 3(c)(1)(A). (i) Annual summary For each of the fiscal years 2023 through 2027, the Attorney General shall publish an annual statistical summary of the reports required by subsection (c). (j) Funding (1) Matching requirement The Attorney General may not make a grant under subsection (a) unless the applicant involved agrees, with respect to the costs to be incurred by the applicant in carrying out the purposes described in this section, to make available non-Federal contributions (in cash or in kind) toward such costs in an amount equal to not less than $1 for each $2 of Federal funds provided in the grant. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section $8,000,000 for each of the fiscal years 2023 through 2027. 5. Report on best practices Not later than 1 year after the date of the enactment of this Act, the Attorney General shall issue a report to offices of forensic medicine service providers, and Federal, State, local, and Tribal law enforcement agencies describing the best practices for the collection, reporting, and analysis of data and information on missing persons and unidentified human remains. Such best practices shall— (1) provide an overview of the NCIC database and NamUs databases; (2) describe how local law enforcement agencies, and offices of forensic medicine service providers should access and use the NCIC database and NamUs databases; (3) describe the appropriate and inappropriate uses of the NCIC database and NamUs databases; and (4) describe the standards and protocols for the collection, reporting, and analysis of data and information on missing persons and unidentified human remains. 6. Report to congress (a) In general Not later than 1 year after the date of the enactment of this Act and biennially thereafter, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report describing the status of the NCIC database and NamUs databases. (b) Contents The report required by subsection (a) shall describe, to the extent available, information on— (1) the process of information sharing between the NCIC database and NamUs databases; and (2) the programs funded by grants awarded under section 4. 7. Definitions In this Act: (1) Authorized agency The term authorized agency means a Government agency with an originating agency identification (ORI) number and that is a criminal justice agency, as defined in section 20.3 of title 28, Code of Federal Regulations. (2) FBI The term FBI means the Federal Bureau of Investigation. (3) Forensic medicine service provider The term forensic medicine service provider means a State or unit of local government forensic medicine service provider having not fewer than 1 part-time or full-time employed forensic pathologist, or forensic pathologist under contract, who conducts medicolegal death investigations, including examinations of human remains, and who provides reports or opinion testimony with respect to such activity in courts of law within the United States. (4) Forensic science service provider The term forensic science service provider means a State or unit of local government agency having not fewer than 1 full-time analyst who examines physical evidence in criminal or investigative matters and provides reports or opinion testimony with respect to such evidence in courts in the United States. (5) Nam U s databases The term NamUs databases means the National Missing and Unidentified Persons System Missing Persons database and National Missing and Unidentified Persons System Unidentified Decedents database maintained by the National Institute of Justice of the Department of Justice, which serves as a clearinghouse and resource center for missing, unidentified, and unclaimed person cases. (6) NCIC database The term NCIC database means the National Crime Information Center Missing Person File and National Crime Information Center Unidentified Person File of the National Crime Information Center database of the FBI, established pursuant to section 534 of title 28, United States Code. (7) Qualifying law enforcement agency defined The term qualifying law enforcement agency means a State, local, or Tribal law enforcement agency. (8) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. | https://www.govinfo.gov/content/pkg/BILLS-117s5029is/xml/BILLS-117s5029is.xml |
117-s-5030 | II 117th CONGRESS 2d Session S. 5030 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Hagerty introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide digital asset intermediaries with a safe harbor from certain enforcement actions by the Securities and Exchange Commission, and for other purposes.
1. Short title This Act may be cited as the Digital Trading Clarity Act of 2022 . 2. Safe harbor (a) Definitions In this section: (1) Associated person The term associated person , with respect to an intermediary, has the meaning given the term by any applicable self-regulatory organization. (2) Bank; exchange; securities laws; self-regulatory organization; statutory disqualification Except as otherwise expressly provided, the terms bank , exchange , securities laws , self-regulatory organization , and statutory disqualification have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (3) Broker-dealer The term broker-dealer means a person that is a broker or a dealer, as those terms are defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (4) Commission The term Commission means the Securities and Exchange Commission. (5) Digital asset The term digital asset means an electronically native asset that— (A) confers economic, proprietary, or access authority; and (B) is recorded using cryptographically-secured distributed ledger technology or any similar analogue. (6) Intermediary The term intermediary — (A) means any centralized platform, including an exchange, that— (i) has customers; and (ii) makes a digital asset available for trading among multiple buyers and sellers under a Federal or State law, rule, or regulation that authorizes the platform to provide those services; and (B) does not include any individual. (7) List The term list , with respect to an asset, means— (A) to make the asset available for trading; and (B) to effect transactions in the asset. (8) National securities exchange 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 ). (9) Security Except as otherwise expressly provided, the term security — (A) with respect to an application of the Securities Act of 1933 ( 15 U.S.C. 77a et seq. ), has the meaning given the term in section 2(a) of that Act ( 15 U.S.C. 77b(a) ); and (B) with respect to an application of the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ), has the meaning given the term in section 3(a) of that Act ( 15 U.S.C. 78c(a) ). (b) Safe harbor (1) In general Any digital asset with respect to which a determination has not been made under subsection (d), and that is listed through an intermediary that has satisfied the requirements described in subsection (c), shall not be considered to be a security. (2) Application Paragraph (1) shall apply to all activities of an intermediary that lists a digital asset that satisfies the conditions of that paragraph, including the listing of that digital asset through the intermediary. (c) Requirements The requirements described in this subsection with respect to an intermediary are as follows: (1) The intermediary shall establish a process for listing digital assets through the intermediary, which shall be reasonably designed to permit the intermediary to determine whether the digital asset is a security. (2) The process established under paragraph (1) shall include written policies and procedures to conduct and document an accurate classification of the applicable digital asset for the purposes of the securities laws, which shall be supported by materials that include legal analysis performed by attorneys with expertise in the securities laws, which shall take into consideration— (A) relevant Commission rules, enforcement actions, no-action letters, and exemptive orders and other relevant guidance provided by the Commission or the staff of the Commission; (B) relevant guidance from, or formal action taken by, other Federal agencies, including the Commodity Futures Trading Commission; and (C) relevant case law. (3) The intermediary, and any associated person with respect to the intermediary, shall consent to service of process for any civil action brought by, or any proceeding before, the Commission or a self-regulatory organization of which the intermediary is a member. (4) The intermediary, and each associated person to which paragraph (3) applies, shall maintain a written record of the consent provided under that paragraph, which shall be made available to the Commission and any applicable self-regulatory organization, upon request. (5) The intermediary shall— (A) determine and confirm that neither the intermediary nor any associated person with respect to the intermediary is subject to a statutory disqualification, which may be made on a good faith basis pursuant to a questionnaire completed by those associated persons; and (B) maintain a written record of the determinations and confirmations made under subparagraph (A), including any questionnaires described in that subparagraph, which shall be made available to the Commission and any applicable self-regulatory organization, upon request. (6) (A) The intermediary shall establish, maintain, and enforce written policies, procedures, and controls, consistent with industry best practices and guidance of the Commission, that are reasonably designed to demonstrate effective control with respect to the applicable digital asset and to protect against theft, loss, and accidental use of the private keys, or a shard of a private key, that the intermediary controls, including with respect to— (i) onboarding the digital asset and associating the digital asset with a private key, or a shard of a private key, in possession or under control of the intermediary; (ii) systems used to create, store, or use those private keys and shards of those private keys; (iii) the generation of cryptographically strong private keys and shards of private keys; and (iv) creating backup keys and shards of private keys. (B) Without limitation, the requirement under subparagraph (A) may be satisfied through— (i) a proprietary self-custody system; (ii) a self-custody vendor that provides self-custody services, such as key generation and recovery, if the systems of that vendor meet or exceed the reasonably designed security requirements of the intermediary; or (iii) a custodian, such as a bank, that the Commission has determined is a satisfactory control location. (7) The intermediary shall— (A) adopt customer protection measures, including— (i) in order to identify potentially manipulative or fraudulent conduct, by establishing, maintaining, and enforcing written policies, procedures, and controls that are reasonably designed to fulfill all applicable obligations of the intermediary under— (I) subchapter II of chapter 53 of title 31, United States Code; and (II) the International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 (title III of Public Law 107–56 ) and the amendments made by that Act; and (ii) by creating and keeping records in accordance with the obligations of the intermediary for a period of not less than 3 years, the first 2 years of which shall be in an easily accessible place; and (B) make all records created and kept under subparagraph (A) available to the Commission and any applicable self-regulatory organization, upon request. (8) The intermediary shall disclose on the website of the intermediary the risks associated with trading in the applicable digital asset, including that the protection provided pursuant to the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78aaa et seq. )— (A) does not apply to digital assets that are not securities, as defined in section 16 of that Act ( 15 U.S.C. 78lll ); and (B) may not apply to all digital assets that are securities. (9) The intermediary shall enter into a written agreement with a bank or registered broker-dealer for the purposes of a compliance period described in subsection (e), which shall provide that— (A) beginning not later than 180 days after the date on which that compliance period begins, and until the intermediary is registered as described in paragraph (10)(B), that bank or broker-dealer shall facilitate transactions in that digital asset in a manner that is consistent with the obligations of the bank or broker-dealer under the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ), which shall include— (i) effecting transactions in that digital asset; (ii) issuing required confirmations and statements to customers relating to the transactions described in clause (i); (iii) maintaining required books and records relating to the transactions described in clause (i); (iv) ensuring that the broker-dealer remains compliant with the requirements under section 240.15c3–1 of title 17, Code of Federal Regulations, or any successor regulation, with respect to the transactions described in clause (i), including that the broker-dealer shall be subject to a $250,000 net capital requirement under such section 240.15c3–1, in addition to any other capital requirements that the Commission or any applicable self-regulatory organization may determine to be appropriate to protect investors; and (v) in a manner that complies with, or is exempt from, the requirements under section 240.15c3–3 of title 17, Code of Federal Regulations, or any successor regulation, receiving, delivering, and safeguarding funds and securities in connection with the transactions described in clause (i); (B) the intermediary shall notify customers of the intermediary that, during the period beginning on the date described in subparagraph (A) and ending on the date on which that compliance period ends, that bank or broker-dealer will effect transactions of that digital asset, as described in subparagraph (A)(i); and (C) within a reasonable timeframe, and not later than 180 days after the date on which that compliance period ends, the intermediary shall transfer operations that support effecting transactions in that digital asset to that bank or broker-dealer, unless that intermediary is a bank or has registered as a broker-dealer. (10) The intermediary shall certify that, if the applicable digital asset is determined under subsection (d) to be a security, after the end of any compliance period described in subsection (e), if applicable, the intermediary shall— (A) stop listing the digital asset; or (B) if the digital asset is registered under section 5 of the Securities Act of 1933 ( 15 U.S.C. 77e ), or otherwise qualifies for an exemption from such registration, and the intermediary wishes to list the digital asset through the intermediary, register as— (i) a broker-dealer; or (ii) a national securities exchange. (d) Commission or court determination (1) In general (A) Determination If the Commission (through a statement, formal rulemaking, or enforcement action, and without objection from the Commodity Futures Trading Commission), or a court of the United States in a final judgment, determines that a digital asset is a security, the Division of Examinations of the Commission shall request information from any intermediary listing the digital asset to determine if the intermediary satisfies the requirements under subsection (c). (B) Request by intermediary An intermediary may submit to the Commission a request for the Commission to make a determination under subparagraph (A). (2) Entry into compliance period If, after a request for information under paragraph (1), the Division of Examinations of the Commission determines that an intermediary has satisfied the requirements under subsection (c) with respect to a digital asset, the intermediary and digital asset shall enter the compliance period described in subsection (e). (3) Failure to comply If, after a request for information under paragraph (1), the Division of Examinations of the Commission determines that an intermediary has not satisfied the requirements under subsection (c) with respect to a digital asset— (A) the digital asset shall be considered to be a security with respect to that intermediary; and (B) the intermediary shall be subject to all legal requirements with respect to the activities of the intermediary with respect to the digital asset as a result of the application of subparagraph (A). (e) Compliance period (1) In general With respect to an intermediary and a digital asset described in subsection (d)(2), the following shall apply: (A) During the 2-year period beginning on the date on which the determination described in subsection (d)(1) is made, the following shall apply: (i) The intermediary shall not be subject to an enforcement action by the Commission, or any other cause of action, for a violation of section 5 or 17 of the Securities Act of 1933 ( 15 U.S.C. 77e , 77q), or of section 10(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78j(b) ), solely with respect to listing that digital asset. (ii) The intermediary shall not be subject to any enforcement action by the Commission for failure to register as a broker-dealer or as a national securities exchange (or for any associated requirements with respect to any such registrant) in connection with the activities of the intermediary with respect to that digital asset. (iii) In the case of a determination made by the Commission under subsection (d)(1), the intermediary may seek declaratory relief in an appropriate court of the United States stating that the digital asset is not a security, notwithstanding that determination by the Commission. (iv) With respect to an action brought under clause (iii), the court may, in the discretion of the court, permit the intermediary to continue to list the digital asset during the pendency of the action. (B) Beginning on the date that is 180 days after the date on which the 2-year period described in subparagraph (A) begins, the bank or broker-dealer described in subsection (c)(9) shall facilitate all transactions of the intermediary with respect to the relevant digital asset, as described in subsection (c)(9)(A), until the date on which the intermediary is registered as described in subsection (c)(10)(B). (2) End of compliance period After the end of the 2-year period described in paragraph (1)(A), any broker-dealer or exchange that lists the applicable digital asset shall stop listing that digital asset, if— (A) the digital asset— (i) is not registered under section 5 of the Securities Act of 1933 ( 15 U.S.C. 77e ); or (ii) does not otherwise qualify for an exemption from registration under section 5 of the Securities Act of 1933 ( 15 U.S.C. 77e ); or (B) an appropriate court of the United States has determined in an action described in paragraph (1)(A)(iii) that the digital asset is a security. (f) Retroactive effect With respect to a digital asset that the Commission has determined is a security, if the Commission subsequently determines that the digital asset is not a security, the applicable intermediary shall not be subject to any enforcement action by the Commission, or any other cause of action, for a violation of section 5 or 17 of the Securities Act of 1933 ( 15 U.S.C. 77e , 77q), or of section 10(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78j(b) ), solely with respect to listing that digital asset. | https://www.govinfo.gov/content/pkg/BILLS-117s5030is/xml/BILLS-117s5030is.xml |
117-s-5031 | II 117th CONGRESS 2d Session S. 5031 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Hickenlooper (for himself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to conduct a special resource study of the site known as Dearfield in the State of Colorado.
1. Short title This Act may be cited as the Dearfield Study Act . 2. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Study area The term study area means the site known as Dearfield , in Weld County, Colorado, which was a historically black agricultural settlement founded by Oliver Toussaint Jackson. 3. Dearfield special resource study (a) In general The Secretary shall conduct a special resource study of the study area. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) evaluate the national significance of the study area; (2) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations; (4) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives described in paragraphs (2) and (3). (c) Applicable law The study required under subsection (a) shall be conducted in accordance with section 100507 of title 54, United States Code. (d) Report Not later than 3 years after the date on which funds are first made available to carry out the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (1) the results of the study; and (2) any conclusions and recommendations of the Secretary. | https://www.govinfo.gov/content/pkg/BILLS-117s5031is/xml/BILLS-117s5031is.xml |
117-s-5032 | II 117th CONGRESS 2d Session S. 5032 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Wicker (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide for the reestablishment of the National Fish and Seafood Promotional Council, and for other purposes.
1. Short title This Act may be cited as the Seafood Marketing Act of 2022 . 2. Findings Congress makes the following findings: (1) The public health benefits of eating seafood for brain health, heart health, mental health, and overall wellness are well researched and established. (2) Prominent organizations have consistently recommended eating at least 2 servings of seafood per week, including— (A) the Department of Agriculture and the Department of Health and Human Services in the Dietary Guidelines for Americans in 2010, 2015, and 2020; (B) the Food and Drug Administration since 2004; and (C) the American Heart Association. (3) Only 1 in 5 people in the United States follow the Dietary Guidelines for Americans to eat at least 2 servings of seafood per week, according to the Centers for Disease Control and Prevention. (4) Eating seafood at least twice per week can reduce the risk of dying from heart disease by 36 percent. (5) More than 877,500 people in the United States die of heart disease or stroke each year, and the economic toll is approximately $363,000,000,000 in healthcare costs and lost productivity. (6) Close to 55,000 deaths per year are associated with insufficient seafood consumption in the United States. (7) Pregnant people in the United States eat on average 1.8 ounces of seafood per week compared to the dietary recommendation of 8 to 12 ounces of seafood per week. (8) Strong medical evidence shows that nutrients specific to seafood reduce the risk of preterm birth by more than 40 percent. In the United States, 1 in 10 infants are born prematurely, which can negatively impact brain development, vision, and hearing. (9) Public education campaigns have effectively communicated the health and nutritional benefits of other dietary recommendations. (10) A previous effort to promote the public health benefits of eating seafood was conducted by the National Fish and Seafood Promotional Council, which was Federally funded from 1987 to 1991. (11) The Marine Fisheries Advisory Committee of the National Oceanic and Atmospheric Administration published a report in July 2020 recommending establishing a National Seafood Council to elevate the narrative of the nutritional value of seafood, which the report states could directly improve the health of the people of the United States. (12) Increasing the awareness and perception of edible invasive non-native species of seafood can help control aquatic invasive species populations and sustain native stocks. 3. Reestablishment of National Fish and Seafood Promotional Council (a) First meeting Section 205(g) of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4004(g) ) is amended by striking first meet and all that follows and inserting first meet not later than 180 days after the date of the enactment of the Seafood Marketing Act of 2022 . . (b) Initial appointments Section 207(a)(5) of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4006(a)(5) ) is amended by striking within ninety and all that follows and inserting not later than 90 days after the date of the enactment of the Seafood Marketing Act of 2022 . . (c) Termination Section 206(g) of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4005(g) ) is amended by striking December 31, 1991 and inserting December 31, 2027 . 4. Modifications to qualifications for voting members of National Fish and Seafood Promotional Council Section 205(d) of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4004(d) )— (1) in paragraph (1), by striking subparagraphs (E) and (F) and inserting the following: (E) one member-at-large with demonstrated expertise in fresh-water and inland commercial fisheries who is not a resident of the States of the Alaska, Pacific, Southeast, and Northeast regions; (F) one member-at-large who is a person professionally engaged in consumer marketing and the dissemination of information pertaining to the nutritional benefits and preparation of seafood and seafood products; and (G) one member-at-large with demonstrated expertise in scientific research on the nutrition and public health benefits of seafood consumption. ; and (2) by amending paragraph (2) to read as follows: (2) Of the members appointed pursuant to each of subparagraphs (A) through (D) of paragraph (1), one shall be a harvester, one shall be a processor or a receiver, and at least one shall have demonstrated marketing expertise. . 5. Funding for Fisheries Promotion Fund Section 209 of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4008 ) is amended— (1) in subsection (b), by amending paragraph (1) to read as follows: (1) amounts appropriated pursuant to the authorization of appropriations under subsection (e) of this section; ; (2) in subsection (d), by striking fiscal year 1987 through fiscal year 1991 and inserting fiscal year 2023 through fiscal year 2027 ; and (3) by adding at the end the following: (e) Authorization of appropriations There are authorized to be appropriated for the Fund $25,000,000 for each of fiscal years 2023 through 2027. . 6. Definition of seafood in Fish and Seafood Promotion Act of 1986 (a) In general Section 204 of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4003 ) is amended— (1) by striking paragraph (3); (2) by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively; and (3) by inserting after paragraph (13), as redesignated, the following: (14) seafood means finfish, mollusks, crustaceans, seaweed, and all other forms of aquatic life used for human consumption; the term does not include marine mammals and seabirds; . (b) Conforming amendments The Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4001 et seq. ) is amended— (1) in section 202 ( 16 U.S.C. 4001 )— (A) in paragraph (1), by striking fish resources and inserting seafood resources ; (B) in paragraph (3), by striking fish contribute and inserting seafood contributes ; and (C) in paragraph (6), by striking fish species and inserting seafood species ; (2) in section 203 ( 16 U.S.C. 4002 )— (A) in paragraph (2), by striking species of fish and inserting species of seafood ; (B) in paragraph (3), by striking domestically-produced fish and inserting domestically produced seafood ; (C) in paragraph (5), by striking fish and inserting seafood ; and (D) in paragraph (7), by striking fish and inserting seafood ; (3) in section 204 ( 16 U.S.C. 4003 )— (A) in paragraph (4), as redesignated by subsection (a)(2), by striking fish and inserting seafood ; (B) in paragraph (11), as so redesignated, by striking fish or fish products (including fish and inserting seafood or seafood products (including seafood ; (C) in paragraph (12), as so redesignated, by striking fish each place it appears and inserting seafood ; (D) by striking fish and fish products each place it appears and inserting seafood and seafood products ; and (E) by striking fish or fish products each place it appears and inserting seafood or seafood products ; (4) in section 206 ( 16 U.S.C. 4005 )— (A) in subsection (c)— (i) in the first sentence, by striking fish or fish products and inserting seafood or seafood products ; and (ii) in the second sentence, by striking fish species each place it appears and inserting seafood species ; and (B) by striking fish and fish products each place it appears and inserting seafood and seafood products ; (5) in section 210 ( 16 U.S.C. 4009 )— (A) by striking fish and fish products each place it appears and inserting seafood and seafood products ; (B) by striking fish or fish products each place it appears and inserting seafood or seafood products ; and (C) by striking fish or fish product each place it appears and inserting seafood or seafood product ; (6) in section 213 ( 16 U.S.C. 4012 ), by striking fish each place it appears and inserting seafood ; and (7) in section 216(a) ( 16 U.S.C. 4015(a) )— (A) in paragraph (2), by striking fish or fish products and inserting seafood or seafood products ; and (B) in paragraph (4), by striking fish and fish products and inserting seafood and seafood products . | https://www.govinfo.gov/content/pkg/BILLS-117s5032is/xml/BILLS-117s5032is.xml |
117-s-5033 | II 117th CONGRESS 2d Session S. 5033 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Cornyn (for himself, Mr. Leahy , Mr. Tillis , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reauthorize the Paul Coverdell Forensic Sciences Improvement Grant Program, and for other purposes.
1. Short title This Act may be cited as the Patrick Leahy and Orrin G. Hatch Justice For All Act of 2022 . 2. Ending the rape kit backlog (a) Tracking kits Section 2(a)(8) of the DNA Analysis Backlog Elimination Act of 2000 ( 34 U.S.C. 40701(a)(8) ) is amended by striking the period at the end and inserting , including through the implementation, improvement, or operation of sexual assault evidence tracking systems. . (b) Program goals Section 2(o)(1) of the DNA Analysis Backlog Elimination Act of 2000 ( 34 U.S.C. 40701(o)(1) ) is amended— (1) in the matter preceding subparagraph (A), by striking Not later than 18 months after the date of enactment of the SAFER Act of 2013 and inserting Not later than 1 year after the date of enactment of the Patrick Leahy and Orrin G. Hatch Justice For All Act of 2022 ; (2) in subparagraph (D), by striking and at the end; (3) in subparagraph (E), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (F) a determination of whether eliminating the processing backlog of DNA evidence in the United States is a goal of the grant program established under this section. . (c) FBI report Not later than 180 days, the Director of the Federal Bureau of Investigation shall submit to Congress a report that describes the plan and the standards that must be met, as of the date of the submission of the report, of the Federal Bureau of Investigation to evaluate and validate the use of Rapid DNA instruments (as defined in section 3(c) of the DNA Analysis Backlog Elimination Act of 2000 ( 34 U.S.C. 40702(c) ) under the Combined DNA Index System of the Federal Bureau of Investigation. 3. Requirements for CODIS access Section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12592 ) is amended by striking subsection (c) and inserting the following: (c) Requirements for access (1) In general (A) Use of DNA profiles Subject to subparagraph (B), reference DNA profiles from victims of sexual assault may only be uploaded and searched by law enforcement databases that use software of the Combined DNA Index System for the purpose of analyzing DNA identification markers for quality control to detect sample contamination. (B) Prohibition The reference DNA profiles described in subparagraph (A) may not be uploaded or searched in the National DNA Index System of the Combined DNA Index System for any purpose. (2) Cancellation of access Access to the index described in subsection (a) is subject to cancellation if— (A) the quality control and privacy requirements described in subsection (b) are not met; or (B) a law enforcement agency reports a non-contamination-related match of a DNA profile described in paragraph (1)(A) that is uploaded or searched from the index to a DNA sample relating to another investigation resulting from an elimination database search of DNA profiles described in paragraph (1)(A) to an investigator or an officer of a court for the purpose of a criminal investigation or prosecution. . 4. Right of victims to be heard (a) Crime victims’ rights Section 3771(a)(9) of title 18, United States Code, is amended by striking informed and inserting consulted . (b) Federal Rules of Criminal Procedure Rule 11(c)(2) of the Federal Rules of Criminal Procedure is amended— (1) by striking The parties and inserting the following: (A) The parties ; and (2) by adding at the end the following: (B) In the case of a plea agreement for an offense involving sexual assault (as defined in section 3772 of title 18, United States Code), the government shall notify the court if a victim of the offense objects to the plea agreement. . 5. Victims’ rights to their reports Section 3771 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraph (10) as paragraph (13); and (B) by inserting after paragraph (9) the following: (10) The right to be provided, upon request, with a copy of the report and evidence on file from the applicable law enforcement or other investigative agency after the investigation is closed, whether closed by arrest or otherwise, except in the case of information that is required to be withheld or redacted because release of the information would adversely affect an ongoing investigation or harm public safety. (11) A free copy of the police or agency report shall be provided to the victim or victim’s representative within a reasonable period of time. (12) The right to be protected from the disclosure of confidential information, including an address, Social Security number, medical record number, driver’s license number, and employment identification number. . 6. Victims’ services improvements Section 503(c) of the Victims’ Rights and Restitution Act of 1990 ( 34 U.S.C. 20141(c) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B), by inserting the before manner ; (B) in subparagraph (C), by striking and at the end; (C) in subparagraph (D), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (E) provide a victim with reasonable resources needed to access Federal, State, or local services and relief described in subparagraphs (A), (B), and (C). ; (2) in paragraph (7)— (A) in the first sentence— (i) by inserting or any crime of violence (as defined in section 16 of title 18, United States Code) after sexual assault ; and (ii) by inserting or prosecuting agency after investigating officer ; and (B) in the second sentence, by striking The Attorney General and inserting For investigations of sexual assault, the Attorney General ; and (3) in paragraph (8), by adding at the end the following: The responsible official shall also assist the victim in preparing and providing testimony when appropriate during the corrections process. . 7. Sexual assault response training for law enforcement officers Section 303(a) of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40722(a) ) is amended, in the matter preceding paragraph (1), by inserting , and to implement evidence-based, trauma-informed practices to otherwise improve the investigation of, and response to, sexual assault cases after DNA evidence . 8. Office of Investigative Forensic Sciences Realignment (a) Findings Congress finds the following: (1) Forensic science is the application of scientific or technical practices to the recognition, collection, analysis, and interpretation of evidence to establish conclusions or opinions, facts, and findings that can be used for criminal and civil law or regulatory issues. (2) In particular, forensic science plays a pivotal role in exonerating suspects and wrongfully convicted individuals, implicating and convicting those who commit crimes, identifying missing person, bringing closure and justice to victims of crime and their families, providing actionable intelligence to law enforcement agencies to solve and prevent crime enabling transparent intelligence-led and data-driven policing, and by providing fact-based evidence for judges and juries which would otherwise not be available. (3) In 2009, the National Academy of Sciences, National Research Council published a report entitled Strengthening Forensic Science in the United States: A Path Forward, that put forward an agenda for advancement in the forensic science community and its associated disciplines. (4) Within the Department of Justice, Office of Justice Programs there was established the National Institute of Justice. The Office of Investigative Forensic Sciences was created as a component of National Institute of Justice to be the lead department in the Department of Justice for forensic science research and development as well as for the administration of programs that facilitate training, improve laboratory efficiency and reduce backlogs, all in an effort to strengthen forensic science in the United States. (5) The forensic sciences within Federal Government departments and agencies are fragmented, with many Federal agencies having some level of forensic science capabilities. There is a need for a central entity to provide robust leadership on forensic science issues within the Department of Justice. The Office of Investigative Forensic Sciences, currently as a component of the National Institute of Justice, does not have the same standing within the Office of Justice Programs or the Department of Justice as other equally important bureaus and offices. (6) The time is right to realign the Office of Investigative Forensic Sciences to the same program office level as other Office of Justice Programs bureaus and offices with a presidentially appointed director. (b) Establishment of the office of investigative forensic sciences Part A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following: 110. Office of Investigative Forensic Sciences (a) In general There is established, within the Office of Justice Programs, a program Office of Investigative Forensic Sciences (referred to in this section as the OIFS ), to be headed by a Director appointed by the President, who shall report directly to the Office of Assistant Attorney General for the Office of Justice Programs. (b) Transfer There shall be transferred to the OIFS the personnel, including contractors and interns, assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, and the functions, powers, and duties of the following: (1) Oversight of existing cooperative agreements relating to forensic science administered by the Department of Justice and determining the purposes and objectives of discretionary grants relating to forensic science administered by the Department of Justice, other than a grant awarded under the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program established under section 412 of the Justice for All Act of 2004 ( 42 U.S.C. 40727 ). (2) The Office of Investigative and Forensic Sciences within the National Institute of Justice. (3) The forensic components of the Drugs and Crime program in the Office of Research and Evaluation within the National Institute of Justice. (4) The digital evidence component of the Office of Science and Technology within the National Institute of Justice. (c) Authority The OIFS shall have access to and authority to search Federal law enforcement databases and shall have assigned to it an Originating Agency Identification (ORI) Number to facilitate the sharing of information between the Office and law enforcement agencies. (d) Mission The mission of the OIFS is to strengthen and promote the use and application of forensic science within the judicial system by supporting forensic science service providers, as they continually improve the evidence-based, valid, and reliable practice of forensic science with a focus on quality assurance advancement research and development conducted through— (1) a fair, competitive, transparent merit review process; (2) testing and evaluation; (3) technology; (4) information exchange; (5) training; (6) capacity building for the forensic infrastructure; (7) the development of systems to implement research into practice; and (8) the development of systems to address quality management and other improvements to advance justice. (e) Officers and staff (1) In general The OIFS shall include— (A) a Director who shall have, at a minimum, a Master of Science degree; and (B) a Deputy Director who shall have, at a minimum, a Bachelor of Science degree. (2) Detailees The OIFS may also include employees of the National Institute of Standards and Technology, the National Science Foundation, and Centers for Disease Control and Prevention detailed to the Office of Forensic Science on a reimbursable basis. (f) Liaison If no detailed positions are filled under subsection (e)(2), the Directors of the National Science Foundation, the National Institute of Standards and Technology, and the Centers for Disease Control, shall each, in consultation with the OIFS, designate a liaison at each respective agency to facilitate communication between the OIFS and the agencies. (g) Duties and authority (1) In general The OIFS shall— (A) have the authorities relating to forensic science described in section 202(c); (B) in coordination with the National Institute of Justice, participate in the development of any Federal forensic science research agenda as the lead representatives on behalf of the Department of Justice, along with other departments and agencies of the Federal Government; (C) assume and execute the responsibilities of the offices, programs, and initiatives transferred under subsection (b), including determining the purposes and objectives of discretionary grants, oversight of cooperative agreements; (D) assist and support the Forensic Laboratory Needs Technology Working Group, Medical Legal Death Investigation Working Group, and Forensic Science Research and Development Technology Working Group in carrying out the respective functions of the working groups under this title and such other related functions as are necessary to perform the functions; and (E) evaluate the recommendations of the Forensic Laboratory Needs Technology Working Group, Medical Legal Death Investigation Working Group, and Forensic Science Research and Development Technology Working Group and take actions consistent with the mission of the OIFS. . (c) Deadline The transfer required under section 820 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (b), shall be completed on the date that is 180 days after the date of enactment of this Act. 9. Paul Coverdell Forensic Sciences Improvement Grants (a) Amendments Part BB of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10561 et seq. ) is amended— (1) in section 2802 ( 34 U.S.C. 10562 )— (A) in the matter preceding paragraph (1), by inserting (b) Applications .— before To request ; (B) by striking paragraphs (1) and (2) and inserting the following: (1) a certification that the State or unit of local government has developed a plan for forensic science service providers and forensic medicine service providers under a program described in section 2804, which shall include a specific description of the manner in which the grant will be used to carry out the plan; (2) (A) a certification that any forensic science service provider laboratory system, including any laboratory operated by a unit of local government within the State, or forensic medicine service provider in the State, that will receive any portion of the grant amount uses generally accepted laboratory practices and procedures, established by accrediting organizations or appropriate certifying bodies; (B) except with regard to any forensic medicine service provider in the State, a certification— (i) that any forensic science service provider laboratory system, including any forensic science service provider operated by a unit of local government within the State, that will receive any portion of the grant is accredited by an accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement; or (ii) that the State or unit of local government shall use a portion of the grant amount to prepare and apply for such accreditation as described in clause (i) not later than 2 years after the date on which the grant is awarded under this part; and (C) a certification that— (i) any forensic medicine service provider in the State that will receive any portion of the grant amounts is accredited by a accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement, or by an accrediting body that has developed and implemented programs of accreditation that promote within the office a quality management system designed to improve and maintain quality assurance, integrity and the use of generally accepted laboratory practices and procedures; or (ii) that the State or unit of local government shall use a portion of the grant amount to prepare and apply for accreditation described in clause (i) not later than 3 years after the date on which the grant is awarded under this part; ; (C) in paragraph (4)— (i) by striking that a government entity exists and an appropriate process is in place and inserting that a named government entity has an appropriate process in place ; and (ii) by striking medical examiner's office, coroner's office and inserting forensic medicine service provider ; (D) by inserting before subsection (b), as so designated by subparagraph (A), the following: (a) Definitions In this section: (1) Forensic medicine service provider The term forensic medicine service provider means a State or unit of local government forensic medicine service provider having not fewer than 1 part-time or full-time employed forensic pathologist, or forensic pathologist under contract, who conducts medico-legal death investigations, including examinations of human remains, and who provides reports or opinion testimony with respect to such activity in courts of law within the United States. (2) Forensic science service provider The term forensic science service provider means a State or unit of local government agency having not fewer than 1 full-time analyst who examines physical evidence in criminal or investigative matters and provides reports or opinion testimony with respect to such evidence in courts of law in the United States. ; and (E) by adding at the end the following: (c) Requirement Not later than 30 days after the date on which grant funds are dispersed under this part, the Attorney General shall publish on the public website of the Department of Justice— (1) a list of each forensic laboratory system, forensic medicine service provider, law enforcement storage facility, or medical facility that received the funds; and (2) as it corresponds to each entity listed under paragraph (1)— (A) the name of the government entity responsible for conducting independent external investigations under subsection (b)(4)(A); (B) a description of the process by which the government entity will conduct the independent external investigations into allegations of serious negligence or misconduct; and (C) instructions for how a person can file an allegation described in subparagraph (B). ; (2) in section 2803(a) ( 34 U.S.C. 10563(a) )— (A) in paragraph (1), by striking Eighty-five percent and inserting the following: (A) In general Subject to subparagraph (B), 85 percent ; and (B) by adding at the end the following: (B) Additional allocation requirements (i) In general Of the total amount made to a State for a fiscal year under subparagraph (A), 5 percent shall be allocated for— (I) forensic science service providers pursuing first-time accreditation by an accrediting body that— (aa) is a signatory to an internationally recognized arrangement; and (bb) offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by such internationally recognized arrangement; and (II) forensic medicine service providers pursuing first-time accreditation by an accrediting body— (aa) that— (AA) is a signatory to an internationally recognized arrangement; and (BB) offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by such internationally recognized arrangement; (bb) that has developed and implemented programs of accreditation that promote within the office a quality management system designed to improve and maintain quality assurance, integrity and the use of generally accepted laboratory practices and procedures; or (cc) attests, in a manner that is legally binding and enforceable, to use a portion of the grant amount to prepare and apply for such accreditation not more than 3 years after the date on which a grant is awarded under section 2801. (ii) Requirement (I) In general Each State receiving a grant amount for a fiscal year shall submit a certification that the State Administering Agency has made reasonable efforts to notify the forensic science service providers and forensic medicine service providers in the State that not less than 5 percent of the total amount awarded under this part are available for preparation for or fees associated with first-time accreditation. (II) Reasonable efforts For purposes of subclause (I), reasonable efforts to provide notice include email or mail to known forensic science service provider contacts. (III) Rule of construction Nothing in this clause shall be construed to require that a forensic science service provider or forensic medicine service provider— (aa) apply for funds described in this clause; or (bb) sign a declaration stating the provider does not want the funds. (IV) Other allowable uses If any amount of the 5 percent of funds allocated under this subparagraph are not requested or used by a forensic science service provider or forensic medicine service provider, such amount may be allocated by the State to other allowable grant purposes. ; (3) in section 2804(a)(5) ( 34 U.S.C. 10564(a)(5) ), by inserting , coroners, and medical-legal death investigators before the period at the end; and (4) in section 2806(a) ( 34 U.S.C. 10566(a) )— (A) in paragraph (1), by inserting and forensic pathology or medical-legal death investigator after science ; (B) in paragraph (2)— (i) by inserting or human remains after sample ; and (ii) by inserting examination or before test results ; (C) in paragraph (3), after laboratory insert or forensic medicine service provider ; and (D) in paragraph (4), by inserting or forensic medicine service provider after provider . (b) Reauthorization Section 1001(a)(24) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a)(24) ) is amended— (1) by striking subparagraphs (A) through (M); (2) by redesignating subparagraph (N) as subparagraph (A); (3) in subparagraph (A), as so redesignated, by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (B) $40,000,000 for fiscal year 2023; (C) $43,000,000 for fiscal year 2024; (D) $46,000,000 for fiscal year 2025; (E) $50,000,000 for fiscal year 2026; and (F) $50,000,000 for fiscal year 2027. . (c) Operational needs assessment (1) In general Not later than 180 days after the date of enactment of this Act, and once every 3 years thereafter, the Attorney General shall conduct a study and submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the projected workload, backlog, personnel, workforce, resource, and equipment needs of forensic science providers and forensic medical service providers. (2) Required coordination The study required under paragraph (1) shall be conducted in conjunction with the Forensic Laboratory Needs-Technology Working Group and the Federal Interagency Medicolegal Death Investigation Working Group. (3) Considerations The report required under paragraph (1) shall consider— (A) the most recent Bureau of Justice Statistics census reports on Publicly Funded Forensic Science Service Providers, Digital Forensic Science Service Providers, and Medical Examiner/Coroner Offices; (B) the Report to Congress: Needs Assessment of Forensic Laboratories and Medical Examiner/Coroner Offices, published by the National Institute of Justice; and (C) the practical and applied implications of any other scientific reports on forensic science with relevance to the operational, quality management, and practical needs of the forensic science community. (4) Public availability The report submitted under paragraph (1) shall be made available to the public. 10. Removing unnecessary authorizations Title III of the Justice for All Act of 2004 ( Public Law 108–405 ) is amended in section 307(a) by striking $7,400,000 for fiscal year 2017 and $10,000,000 for each of fiscal years 2018 through 2021 . 11. Improving the quality of representation in State capital cases (a) Authorization Section 426(a)(5) of the Innocence Protection Act of 2004 ( 34 U.S.C. 60306(a)(5) ) is amended by striking $22,500,000 for fiscal year 2021. and inserting $12,500,000 for each of fiscal years 2023 through 2027, . (b) Authorization of grant program To ensure case review, representation, and provide post-Conviction relief (1) In general Subtitle B of title IV of the Justice for All Act of 2004 ( 34 U.S.C. 60301 et seq. ) is amended by adding at the end the following: 427. Wrongful conviction reviews (1) Purpose The Attorney General shall administer grant programs within the Bureau of Justice Assistance, to encourage the review of possible cases of wrongful conviction and facilitate post-conviction relief by establishing or expanding State and local conviction integrity units and by providing high quality representation for defendants litigating post-conviction claims of innocence. (2) Conviction integrity unit grants (A) Eligible entity defined In this paragraph, the term eligible entity means a prosecutor’s office or a State attorney general’s office that may work in partnership with a nonprofit organization, law school innocence clinic, or public defender’s office dedicated to receiving petitions for or reviewing wrongful convictions and wrongful sentences. (B) Authorization The Attorney General, acting through the Director of the Bureau of Justice Assistance, shall make grants to eligible entities for the purpose of creating State and local conviction integrity units or entities. (C) Application requirements Each application for a grant under this paragraph shall— (i) demonstrate a plan by the applicant to create, maintain, or expand a State or local conviction integrity unit with the intention to conduct substantive, evidence-based conviction review; (ii) develop a tool to survey or conduct focus groups with community members, non-profit organizations, or public defender offices dedicated to receiving petitions for or reviewing wrongful convictions, and existing local Conviction Integrity Units in order to identify— (I) the needs of individuals or their counsel seeking review of their convictions or sentences; and (II) the needs of existing local conviction integrity units and non-profit organizations or public defender’s offices dedicated to receiving petitions for or reviewing wrongful convictions; (iii) use the information gathered under clause (ii) and conviction integrity unit best practices to advise procedural conduct in conviction review; (iv) develop procedures to ensure that conviction integrity unit is able to operate independently in rules and practice from the other units within the district attorney’s offices or any prosecutors previously involved with the case; (v) in the case of a prosecutor’s office that cannot meet the requirement in clause (iv) because of the size of the office, provide a written policy detailing reasonable steps that shall be taken to preserve independence and ethical integrity during the investigation; (vi) allow for meaningful participation in the review process by petitioner’s counsel; and (vii) develop victim notification procedures for final exonerations as appropriate. (D) Preference In awarding grants under this paragraph, the Attorney General shall give preference to applicants who demonstrate a partnership with a nonprofit organization, law school innocence clinic, or public defender’s office dedicated to receiving petitions for or review wrongful convictions and wrongful sentences. (E) Authorization of appropriations There are authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027 to carry out this paragraph, of which not more than 5 percent of the grant funding shall be used for training and technical assistance for grantees. (3) Wrongful conviction review grants (A) Eligible entity defined In this paragraph, the term eligible entity means a non-profit organization, institution of higher education, or State or local public defender office that has in-house post-conviction representation programs that show demonstrable experience or competence in litigating post-conviction claims of innocence. (B) Authorization The Attorney General shall establish a wrongful conviction review grant program and award grants to eligible entities for the purpose of providing high quality post-conviction representation for defendants in post-conviction claims of innocence. (C) Use of funds A grant awarded under this paragraph shall be used to support an eligible entity in providing— (i) post-conviction legal representation of innocence claims; (ii) case review, evaluation, and management; (iii) experts; (iv) potentially exonerative forensic testing by a forensic service provider that is accredited by an accrediting body that— (I) is a signatory to an internationally recognized arrangement; and (II) offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by the internationally recognized arrangement described in subclause (I); and (v) investigation services related to supporting these post-conviction innocence claims. (D) Authorization of appropriations There are authorized to be appropriated to carry out this paragraph— (i) $15,000,000 for fiscal year 2023; (ii) $18,000,000 for fiscal year 2024; (iii) $22,000,000 for fiscal year 2025; (iv) $26,000,000 for fiscal year 2026; and (v) $30,000,000 for fiscal year 2027. . (2) Clerical amendment The table of contents in section 1(b) of the Justice for All Act of 2004 ( Public Law 108–405 ; 118 Stat. 2260) is amended by inserting after the item relating to section 426 the following: Sec. 427. Wrongful conviction reviews. . 12. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program (a) Reauthorization The Innocence Protection Act of 2004 (title IV of Public Law 108–405 ; 118 Stat. 2278) is amended— (1) in section 412(a) ( 34 U.S.C. 40727(a) ), by inserting and units of local government after States ; and (2) in section 413 ( 34 U.S.C. 40722 note)— (A) in the matter preceding paragraph (1), by striking 2017 through 2021 and inserting 2022 through 2026 ; and (B) by striking paragraph (2) and inserting the following: (2) demonstrate the existence of current laws, regulations, or policies for relevant jurisdictions in the State in which the eligible entity operates that require preservation of biological evidence secured in relation to the investigation or prosecution of a State offense— (A) under a State statute or a State or local rule, regulation, or practice, in a manner that seeks to ensure that reasonable measures are taken by jurisdictions within the State to preserve such evidence; or (B) under a State statute or a State or local rule, regulation, or practice, in a manner comparable to section 3600A of title 18, United States Code, if— (i) jurisdictions within the State that would benefit from this grant program comply with this requirement; and (ii) such jurisdictions may preserve such evidence for longer than the period of time that such evidence would be required to be preserved under such section 3600A. . (b) Authorization of appropriations Section 412 of the Innocence Protection Act of 2004 ( 34 U.S.C. 40727 ) is amended by striking subsection (b) and inserting the following: (b) Appropriation There are authorized to be appropriated— (1) $15,000,000 for fiscal year 2023; (2) $18,000,000 for fiscal year 2024; (3) $22,000,000 for fiscal year 2025; (4) $26,000,000 for fiscal year 2026; and (5) $30,000,000 for fiscal year 2027. . 13. Additional DNA-related reauthorizations (a) DNA research and development Section 305(c) of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40724(c) ) is amended by striking 2017 through 2021 and inserting 2023 through 2027 . (b) DNA identification of missing persons Section 308(c) of the DNA Sexual Assault Justice Act of 2004 ( 34 U.S.C. 40726(c) ) is amended by striking 2017 through 2021 and inserting 2023 through 2027 . 14. Accountability For fiscal year 2023, and each fiscal year thereafter, all grants awarded by the Department of Justice that are authorized under this Act shall be subject to the following accountability provisions: (1) Audit requirement (A) Definition In this paragraph, the term unresolved audit finding means an audit report finding in the final audit report of the Inspector General of the Department of Justice that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during the 12-month period beginning on the date on which the final audit report is issued. (B) Requirement Beginning in fiscal year 2023, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this Act to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (C) Mandatory exclusion A recipient of grant funds under this Act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). (D) Priority In awarding grants under this Act, the Attorney General shall give priority to eligible entities that, during the 3 fiscal years before submitting an application for a grant under this Act, did not have an unresolved audit finding showing a violation in the terms or conditions of a Department of Justice grant program. (E) Reimbursement If an entity is awarded grant funds under this Act during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall— (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Nonprofit organization requirements (A) Definition For purposes of this section and the grant programs authorized under this Act, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (B) Prohibition The Attorney General may not award a grant under this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. (C) Disclosure Each nonprofit organization that is awarded a grant under this Act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection. (3) Conference expenditures (A) Limitation No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General, or by any individual or entity awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in funds made available to the Department of Justice, unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy (as designated by the Deputy Attorney General) provides prior written authorization that the funds may be expended to host the conference, or was approved by the Attorney General through the application process and subsequent cooperative agreement award and any approved revisions. (B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved under this paragraph. (4) Annual certification Beginning in fiscal year 2023, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification indicating whether— (A) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; (B) all mandatory exclusions required under paragraph (1)(C) have been issued, which includes a list of any grant recipients excluded under paragraph (1) from the previous year; and (C) all reimbursements required under paragraph (1)(E) have been made. (5) Prohibition on lobbying activity (A) In general Amounts authorized to be appropriated under this Act may not be utilized by any grant recipient to— (i) lobby any representative of the Department of Justice regarding the award of grant funding; or (ii) lobby any representative of a Federal, State, local, or Tribal government regarding the award of grant funding. (B) Penalty If the Attorney General determines that any recipient of a grant under this Act has violated subparagraph (A), the Attorney General shall— (i) require the grant recipient to repay the grant in full; and (ii) prohibit the grant recipient from receiving another grant under this Act for not less than 5 years. (6) Other prohibitions None of the funds provided under this Act shall be used by grant or cooperative agreement recipients as a management fee or profit for the purpose of circumventing statutory or other limitations included in the terms and conditions of the award on otherwise allowable costs, including the use of management fees or profit to purchase alcoholic beverages, entertainment, meals for non-business purposes, and membership dues for social or sporting clubs. (7) Preventing duplicative grants (A) In general Before the Attorney General awards a grant to an applicant under this Act, the Attorney General shall compare potential grant awards with other grants awarded under this Act to determine whether duplicate grants are awarded for the same purpose. (B) Report If the Attorney General awards duplicate grants to the same applicant for the same purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes— (i) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and (ii) the reason the Attorney General awarded the duplicate grants. | https://www.govinfo.gov/content/pkg/BILLS-117s5033is/xml/BILLS-117s5033is.xml |
117-s-5034 | II 117th CONGRESS 2d Session S. 5034 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Cotton (for himself, Mrs. Fischer , Mr. Scott of Florida , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To authorize additional appropriations to increase the production of munitions and ammunition to deter Russian and Chinese aggression, and for other purposes.
1. Findings Congress makes the following findings: (1) Russia has engaged in an unprovoked war of aggression against the sovereign nation of Ukraine since February 2022. (2) The United States and its allies have sought to provide the Ukrainian people with the weapons and equipment they desperately need to reverse Vladimir Putin’s illicit campaign. (3) The United States and North Atlantic Treaty Organization (NATO) allies have been slow to replenish their arsenals of artillery systems, ammunition, and missiles that have been depleted as a result of the provision of weapons and equipment to Ukraine. (4) Much of the industrial capacity of the United States and Europe to produce munitions has atrophied since the end of the Cold War. (5) Deputy Secretary of Defense Kathleen Hicks has noted obsolescence issues in certain munitions lines since the start of Russian hostilities in Ukraine. (6) While Russia has waged its unjustified war in Europe, China has obvious and blatant military aspirations to dominate the Indo-Pacific region and undermine the rules-based global international order. (7) The industrial base of the United States has languished from underfunding of procurement of necessary equipment at scale for decades. (8) Should more conflict erupt, the United States and its allies do not currently maintain the necessary stockpiles to execute sustained operations. (9) Neither the United States nor its allies maintain the capability to rapidly reconstitute their arsenals due to the complex manufacturing processes necessary for the construction and assembly of modern weaponry. (10) The United States must immediately and dramatically step up the procurement of military munitions and expand the defense industrial base to meet these increased requirements to ensure that the interests of the United States are protected in Europe and the Indo-Pacific. I Emergency funding to increase munitions and ammunition production and expand industrial base production capacity and responsiveness 101. Surge in emergency funding for critical Army munitions to deter Russian and Chinese aggression In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated to the Department of Defense for fiscal year 2023 the aggregate amount of $2,431,500,000 for Missile Procurement, Army, to acquire replacement munitions and expand the defense industrial base of the United States, in amounts as follows: (1) $300,000,000 for a production increase of 3,500 AGM–113 Hellfire missiles. (2) $60,000,000 for a production increase of 200 joint air-to-ground missiles. (3) $36,000,000 for a capacity increase of joint air-to-ground missiles to 2,400 missiles per year. (4) $200,000,000 for a production increase in Javelin lightweight command launch units. (5) $250,500,000 for a production increase of 1,500 guided multiple-launch rocket system rounds. (6) $10,000,000 for a capacity increase in high mobility artillery rocket system cabs. (7) $100,000,000 for a production increase of 12 high mobility artillery rocket system launchers. (8) $100,000,000 for a production increase of 75 Army tactical missile system rounds. (9) $200,000,000 for a production increase of block 1 Stinger refurbishment. (10) $1,000,000,000 for a production increase in Patriot fire units. (11) $75,000,000 for a production increase in Switchblades. (12) $100,000,000 for long-lead energetics for munitions production. 102. Surge in emergency funding to reconstitute stockpiles of critical naval munitions to deter Russian and Chinese aggression In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated to the Department of Defense for fiscal year 2023 the aggregate amount of $545,000,000 for Weapons Procurement, Navy, to acquire replacement munitions and expand the defense industrial base of the United States, in amounts as follows: (1) $200,000,000 for SM–6 capacity expansion via test and tooling equipment. (2) $50,000,000 for SM–6 capacity expansion via dual-source energetics. (3) $45,000,000 for a production increase of 21 long range anti-ship missiles. (4) $35,000,000 for long range anti-ship missile capacity expansion to 240 missiles per year. (5) $40,000,000 for a production increase of 25 advanced anti-radiation guided missile–extended range missiles. (6) $225,000,000 for the Hammerhead program. (7) $11,050,000 for the Mk–68 program. (8) $125,400,000 for the Mk–54 lightweight torpedo program. (9) $49,000 for a production increase in Mk–48 heavyweight torpedoes. 103. Surge in emergency funding to reconstitute stockpiles of critical Marine Corps munitions to deter Russian and Chinese aggression In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated to the Department of Defense for fiscal year 2023 the aggregate amount of $175,000,000 for Procurement, Marine Corps, for a production increase of 115 Naval Strike Missiles. 104. Surge in emergency funding to reconstitute stockpiles of critical Air Force munitions to deter Russian and Chinese aggression In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated to the Department of Defense for fiscal year 2023 the aggregate amount of $806,350,000 for Missile Procurement, Air Force, to acquire replacement munitions and expand the defense industrial base of the United States, in amounts as follows: (1) $85,000,000 for a capacity expansion for joint air-to-surface standoff missiles to 1000 missiles per year. (2) $206,000,000 for a production increase of 500 AIM–9X missiles. (3) $139,000,000 for a production increase of 150 advanced medium range air-to-air missiles. (4) $173,000,000 for a production increase in Small Diameter Bomb II bombs. 105. Surge in emergency funding to reconstitute stockpiles of critical Department of Defense-wide munitions to deter Russian and Chinese aggression In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated to the Department of Defense for fiscal year 2023 the aggregate amount of $315,000,000 for Procurement, Defense-wide, to acquire replacement munitions and expand the defense industrial base of the United States, in amounts as follows: (1) $252,000,000 for a production increase of 8 SM–3 Block IIA missiles. (2) $63,000,000 for a capacity expansion for SM–3 Block IIA missiles to 36 missiles per year via test equipment. 106. Surge in emergency funding to reconstitute stockpiles of critical Army equipment to deter Russian and Chinese aggression In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated to the Department of Defense for fiscal year 2023 the aggregate amount of $244,000,000 for Other Procurement, Army, for the Coyote counter-sUAS system. II Other matters 201. Multiyear contracting authority for weapons procurement (a) In general The Secretary of Defense may execute multiyear contracts for the purposes of acquiring munitions. (b) Requirements Any contracts executed under this section shall— (1) not extend beyond five years; and (2) acquire or procure ammunition, bombs, missiles, rockets, or other munitions critical to deterrence or the execution of operational plans. 202. Annual report on industrial base constraints for munitions (a) Briefing on fulfillment of munitions requirements (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall deliver a briefing to the congressional defense committees regarding the current process for fulfilling the requirements of section 222c of title 10, United States Code, in a timely fashion with standardization across the Department of Defense. (2) Congressional defense committees defined In this subsection, the term congressional defense committees has the meaning given that term in section 101(a) of title 10, United States Code. (b) Annual report on industrial base constraints for munitions (1) In general Chapter 9 of title 10, United States Code, is amended by inserting after section 222c the following new section: 222d. Annual report on industrial base constraints for munitions (a) In general Not later than 30 days after the submission of all reports required under section 222c(a) of this title, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Service Acquisition Executive for each military service, shall submit to the congressional defense committees a report setting forth in detail the industrial base constraints for each munition identified in the Out-Year Unconstrained Total Munitions Requirement. (b) Elements The report required under subsection (a) shall include the following elements, by munition: (1) Programmed purchase quantities per year. (2) Average procurement unit cost per year. (3) Contract type. (4) Current minimum sustaining rate of production per month and year. (5) Current maximum rate of production per month and year. (6) Expected date to meet the total requirement in section 222c of this title under the current programmed purchase profile. (7) A description of industrial base constraints on increased production. (8) A description of investments or policy changes made by the contractor to increase production, enable more efficient production, or mitigate significant loss of stability in potential production. (9) A description of investments or policy changes made by the United States Government to increase production, enable more efficient production, or mitigate significant loss of stability in potential production. (10) A description of potential investments or policy changes identified by the contractor or the United States Government to increase production, enable more efficient production, or mitigate significant loss of stability in potential production. (11) A list of contracts for munitions with DX or DO ratings under the Defense Priorities and Allocations System. (12) A prioritized list of munitions or capabilities judged to have high value for export for which additional work would be necessary to enable export, including a description of required investments to enhance exportability. (c) Working definition of munition The Under Secretary may define munition for the purposes of this section given the multiple subtypes of munitions. . (2) Clerical amendment The table of sections at the beginning of chapter 9 of title 10, United States Code, is amended by inserting after the item relating to section 222c the following new item: 222d. Annual report on industrial base constraints for munitions. . 203. NATO procurement authority (a) Support or Procurement Partnership Agreements Notwithstanding the provisions of subsections (a), (b) and (d) of section 2350d of title 10, United States Code, the Secretary of Defense may enter into Support or Procurement Partnership Agreements pursuant to such section to provide materiel and related services— (1) directly to the Government of Ukraine; or (2) to foreign countries that have provided support to Ukraine. (b) Acquisition and cross-Servicing agreements Notwithstanding the provisions of sections 2347, 2348, and 2350 of title 10, United States Code, the Secretary of Defense may enter into an agreement under section 2342 of such title to provide materiel and related services— (1) directly to the Government of Ukraine; or (2) to foreign countries that have provided support to Ukraine. | https://www.govinfo.gov/content/pkg/BILLS-117s5034is/xml/BILLS-117s5034is.xml |
117-s-5035 | II 117th CONGRESS 2d Session S. 5035 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Warren (for herself, Mr. Blumenthal , Mr. Markey , Mr. Durbin , Ms. Klobuchar , Mrs. Gillibrand , Mr. Van Hollen , Mr. Sanders , Mr. Menendez , Mr. Kaine , Mr. Bennet , Mr. Merkley , Mr. Booker , Mr. Padilla , and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To make available necessary disaster assistance for families affected by major disasters, and for other purposes.
1. Short title This Act may be cited as the Housing Survivors of Major Disasters Act of 2022 . 2. Definitions In this Act: (1) FEMA The term FEMA means the Federal Emergency Management Agency. (2) Administrator The term Administrator means the Administrator of FEMA. 3. Eligibility for and use of disaster assistance (a) Financial assistance Notwithstanding any other provision of law, individuals and households described in subsection (c) may be eligible for assistance made available under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ) in connection with a major disaster declared by the President under section 401 of such Act ( 42 U.S.C. 5170 ), including Hurricane Maria of 2017. (b) Use of funds Any assistance provided pursuant to subsection (a) may include costs relating to obtaining title for a property described in subsection (c)(1), including the cost of land surveys and any other taxes or fees associated with obtaining the title for such property. (c) Eligible individuals or households With respect to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), an individual or household described in this subsection is an individual or household who— (1) is residing on a property located in the area for which the major disaster was declared but does not have documented ownership rights to such property and is not renting such property; or (2) is or was residing in, or otherwise permanently or temporarily occupying, an area for which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), during the designated incident period, including individuals experiencing homelessness and those residing in any housing accommodation or property upon which a housing accommodation is located, including any living quarters, boardinghouse, bunkhouse, manufactured home, mobile home, or travel trailer. (d) Evidence (1) Consideration In the case of an individual or household that does not have documented ownership rights in the predisaster primary residence of the individual or household, in making a determination to provide assistance pursuant to paragraphs (2) and (3) of section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(c) ) for owner-occupants, the Administrator shall consider evidence demonstrative of the individual or household having constructive ownership of the predisaster primary residence. (2) Forms of evidence In determining whether an individual or household has constructive ownership for the purpose of paragraph (1), the Administrator shall consider a wide range of evidence, including the following: (A) A utility (including gas, electric, sewer, or water) bill with the name and address of the individual. (B) A merchant’s statement (including a credit card, delivery notice, or first class mail) with the name and address of the individual. (C) A pay stub from an employer with the name and address of the individual. (D) A current driver’s license or State-issued identification card of the individual. (E) The deed or title for the applicable property. (F) A mortgage payment booklet or another mortgage document. (G) Property title of mobile home certificate of title. (H) A real estate property tax receipt. (I) A school registration containing the address of self, child, or children. (J) A will and testament with the name and address of the individual. (K) In a State that does not require a will and testament for the transfer of immovable property, a death certificate and birth certificate that establishes an automatic transfer of legal ownership. (L) Medical records that list the name and address of the individual. (M) A charitable donation receipt that lists the name and address of the individual. (N) Any other documentation, certification, identification, or proof of occupancy or ownership not included on this list that can reasonably link the individual requesting assistance to the applicable property. (e) Applicability This section shall apply to funds appropriated on or after the date of enactment of this Act. 4. Declarative statement (a) Development of declarative statement (1) In general Not later than 30 days after the date of enactment of this Act, the Administrator shall create, in coordination with the appropriate authorities of the applicable jurisdiction, and distribute, where necessary, a declarative statement form that an applicant for assistance provided pursuant to section 3 may use to self-certify such applicant’s eligibility for assistance pursuant to this Act. (2) Prohibition of notarization The Administrator may not require the declarative statement form created under paragraph (1) to require notarization by the applicant. (b) Exemptions A declarative statement form created under subsection (a)(1) shall be exempt from publication notice, public comment periods, and agency information collection review and approval by the Office of Management and Budget required by the Paperwork Reduction Act ( 44 U.S.C. 3501 et seq. ). (c) Guidance Not later than 30 days after the date of enactment of this Act, the Administrator shall provide written notification and guidance to employees of FEMA regarding the requirements of this Act. (d) Publication Not later than 30 days after the date of enactment of this Act, the Administrator shall— (1) make the declarative statement form created under subsection (a)(1) available in Spanish and English at all active Disaster Recovery Centers; and (2) publish in English, Spanish, and any other locally predominant languages on the website of FEMA and on social media the declarative statement form and instructions on how applicants can reopen or seek further appeal of relevant determinations. (e) Past disasters For applicants of assistance provided pursuant to section 3 since January 1, 2017, the Administrator shall provide an applicant not fewer than 180 days to submit the declarative statement form to reopen or appeal a case after such applicant has received notice of the right to do so. 5. Repair and rebuilding Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ) is amended— (1) in subsection (b)(1)— (A) by striking rendered uninhabitable and inserting damaged by a major disaster ; and (B) by striking uninhabitable, as a result of damage caused by a major disaster and inserting damaged by a major disaster ; and (2) in subsection (c)— (A) in paragraph (2)(A)(i) by striking to a safe and sanitary living or functioning condition and inserting to ensure that such residences are habitable during longer term recovery (including through coordination with other sources for repair and rebuilding of such residences) ; and (B) in paragraph (4) by striking in cases in which and all that follows, and inserting if the President determines such assistance is a cost effective alternative to other housing solutions, including the costs associated with temporary housing provided under this section. . 6. FEMA HUD Agreements In the case of any major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) on or after the date of enactment of this Act, not later than 60 days after the date of the declaration of the major disaster, the Administrator and the Secretary of Housing and Urban Development shall engage in consultations regarding the implementation of a disaster housing assistance program or similar joint program under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ) to provide temporary rental assistance to individuals and households displaced from their residences by the major disaster, including individuals and households eligible for such assistance under section 3(a) of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5035is/xml/BILLS-117s5035is.xml |
117-s-5036 | II 117th CONGRESS 2d Session S. 5036 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the sale of ammunition stockpiled by the Internal Revenue Service.
1. Sale of ammunition Notwithstanding any other provision of law— (1) not later than 90 days after the date of enactment of this Act, the General Services Administration shall sell to the public by competitive offerings any ammunition purchased or stockpiled by or for the use of the Internal Revenue Service; and (2) the proceeds of the sale under paragraph (1) shall be deposited in the general fund of the Treasury less any reasonable costs incurred by the General Services Administration in selling the ammunition. | https://www.govinfo.gov/content/pkg/BILLS-117s5036is/xml/BILLS-117s5036is.xml |
117-s-5037 | II 117th CONGRESS 2d Session S. 5037 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Barrasso (for himself, Mr. Lee , Mr. Sullivan , Mr. Cruz , Mr. Johnson , Mr. Scott of South Carolina , Mr. Inhofe , and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit funding for the Montreal Protocol on Substances that Deplete the Ozone Layer until China is no longer defined a developing country.
1. Short title This Act may be cited as the Ending China's Unfair Advantage Act of 2022 . 2. Prohibition on use of funds for the Montreal Protocol on Substances that Deplete the Ozone Layer until China is no longer defined a developing country (a) In general Notwithstanding any other provision of law, no Federal funds may be obligated or expended to implement the Montreal Protocol until the President certifies to the appropriate congressional committees that the Parties to the Montreal Protocol have amended their Decision I/12E, Clarification of terms and definitions: developing countries, made at the First Meeting of the Parties to remove the People's Republic of China. (b) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Montreal Protocol The term Montreal Protocol means the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 16, 1987. | https://www.govinfo.gov/content/pkg/BILLS-117s5037is/xml/BILLS-117s5037is.xml |
117-s-5038 | II 117th CONGRESS 2d Session S. 5038 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Durbin (for himself, Mr. Coons , Mr. Booker , Mr. Leahy , Mr. Schatz , Mr. Murphy , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reform the use of solitary confinement and other forms of restrictive housing in the Bureau of Prisons, and for other purposes.
1. Short title This Act may be cited as the Solitary Confinement Reform Act . 2. Solitary confinement reforms (a) Amendment Chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4052. Solitary confinement (a) Definitions In this section: (1) Administrative maximum facility The term administrative maximum facility means a maximum-security facility, including the Administrative Maximum facility in Florence, Colorado, designed to house inmates who present an ongoing significant and serious threat to other inmates, staff, and the public. (2) Administrative segregation The term administrative segregation means a nonpunitive form of solitary confinement that removes an individual from the general population of a correctional facility for— (A) investigative, protective, or preventative reasons resulting in a substantial and immediate threat; or (B) transitional reasons, including a pending transfer, pending classification, or other temporary administrative matter. (3) Appropriate level of care The term appropriate level of care means the appropriate treatment setting for mental health care that an inmate with mental illness requires, which may include outpatient care, emergency or crisis services, day treatment, supported residential housing, infirmary care, or inpatient psychiatric hospitalization services. (4) Director The term Director means the Director of the Bureau of Prisons. (5) Disciplinary hearing officer The term disciplinary hearing officer means an employee of the Bureau of Prisons who is responsible for conducting disciplinary hearings for which solitary confinement may be a sanction, as described in section 541.8 of title 28, Code of Federal Regulations, or any successor thereto. (6) Disciplinary segregation The term disciplinary segregation means a punitive form of solitary confinement imposed only by a disciplinary hearing officer as a sanction for committing a significant and serious disciplinary infraction. (7) Intellectual disability The term intellectual disability means a significant mental impairment characterized by significant limitations in both intellectual functioning and in adaptive behavior. (8) Multidisciplinary staff committee The term multidisciplinary staff committee means a committee— (A) made up of staff at the facility where an inmate resides who are responsible for reviewing the initial placement of the inmate in solitary confinement and any extensions of time in solitary confinement; and (B) which shall include— (i) not less than 1 licensed mental health professional; (ii) not less than 1 medical professional; and (iii) not less than 1 member of the leadership of the facility. (9) Ongoing significant and serious threat The term ongoing significant and serious threat means an ongoing set of circumstances that require the highest level of security and staff supervision for an inmate who, by the behavior of the inmate— (A) has been identified as assaultive, predacious, riotous, or a serious escape risk; and (B) poses a great risk to other inmates, staff, and the public. (10) Protection case The term protection case means an inmate who, by the request of the inmate or through a staff determination, requires protection, as described by section 541.23(c)(3) of title 28, Code of Federal Regulations, or any successor thereto. (11) Serious mental illness The term serious mental illness means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (12) Significant and serious disciplinary infraction The term significant and serious disciplinary infraction means— (A) an act of violence that either— (i) resulted in or was likely to result in serious injury or death to another; or (ii) occurred in connection with any act of nonconsensual sex; (B) an escape, attempted escape, or conspiracy to escape from within a security perimeter or custody, or both; or (C) possession of weapons, possession of illegal narcotics with intent to distribute, or other similar, severe threats to the safety of the inmate, other inmates, staff, or the public. (13) Solitary confinement The term solitary confinement means confinement characterized by substantial isolation in a cell, alone or with other inmates, including administrative segregation, disciplinary segregation, and confinement in any facility designated by the Bureau of Prisons as a special housing unit, special management unit, or administrative maximum facility. (14) Special administrative measures The term special administrative measures means reasonably necessary measures used to— (A) prevent disclosure of classified information upon written certification to the Attorney General by the head of an element of the intelligence community (as defined under section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) that the unauthorized disclosure of such information would pose a threat to the national security and that there is a danger that the inmate will disclose such information, as described by section 501.2 of title 28, Code of Federal Regulations, or any successor thereto; or (B) protect persons against the risk of death or serious bodily injury, upon written notification to the Director by the Attorney General or, at the Attorney General's direction, by the head of a Federal law enforcement agency, or the head of an element of the intelligence community (as defined under section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), that there is a substantial risk that the communications of an inmate or contacts by the inmate with other persons could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of death or serious bodily injury to persons, as described by section 501.3 of title 28, Code of Federal Regulations, or any successor thereto. (15) Special housing unit The term special housing unit means a housing unit in an institution of the Bureau of Prisons in which inmates are securely separated from the general inmate population for disciplinary or administrative reasons, as described in section 541.21 of title 28, Code of Federal Regulations, or any successor thereto. (16) Special management unit The term special management unit means a nonpunitive housing program with multiple, step-down phases for inmates whose history, behavior, or situation requires enhanced management approaches in order to ensure the safety of other inmates, the staff, and the public. (17) Substantial and immediate threat The term substantial and immediate threat means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the safety of an inmate, other inmates, staff, or the public. (b) Use of solitary confinement (1) In general The placement of a Federal inmate in solitary confinement within the Bureau of Prisons or any facility that contracts with the Bureau of Prisons to provide housing for inmates in Federal custody shall be limited to situations in which such confinement— (A) is limited to the briefest term and the least restrictive conditions practicable, including not less than 4 hours of out-of-cell time every day, unless the inmate poses a substantial and immediate threat; (B) is consistent with the rationale for placement and with the progress achieved by the inmate; (C) allows the inmate to participate in meaningful programming opportunities and privileges as consistent with those available in the general population as practicable, either individually or in a classroom setting; (D) allows the inmate to have as much meaningful interaction with others, such as other inmates, visitors, clergy, or licensed mental health professionals, as practicable; and (E) complies with the provisions of this section. (2) Transitional process for inmates in solitary confinement (A) Inmates with upcoming release dates The Director shall establish— (i) policies to ensure that an inmate with an anticipated release date of 180 days or less is not housed in solitary confinement, unless— (I) such confinement is limited to not more than 5 days of administrative segregation relating to the upcoming release of the inmate; or (II) the inmate poses a substantial and immediate threat; and (ii) a transitional process for each inmate with an anticipated release date of 180 days or less who is held in solitary confinement under clause (i)(II), which shall include— (I) substantial re-socialization programming in a group setting; (II) regular mental health counseling to assist with the transition; and (III) re-entry planning services offered to inmates in a general population setting. (B) Inmates in long-term solitary confinement The Director shall establish a transitional process for each inmate who has been held in solitary confinement for more than 30 days and who will transition into a general population unit, which shall include— (i) substantial re-socialization programming in a group setting; and (ii) regular mental health counseling to assist with the transition. (3) Protective custody units The Director— (A) shall establish within the Federal prison system additional general population protective custody units that provide sheltered general population housing to protect inmates from harm that they may otherwise be exposed to in a typical general population housing unit; (B) shall establish policies to ensure that an inmate who is considered a protection case shall, upon request of the inmate, be placed in a general population protective custody unit; (C) shall create an adequate number of general population protective custody units to— (i) accommodate the requests of inmates who are considered to be protection cases; and (ii) ensure that inmates who are considered to be protection cases are placed in facilities as close to their homes as practicable; and (D) may not place an inmate who is considered to be a protection case in solitary confinement due to the status of the inmate as a protection case unless— (i) the inmate requests to be placed in solitary confinement, in which case, at the request of the inmate the inmate shall be transferred to a general population protective custody unit or, if appropriate, a different general population unit; or (ii) such confinement is limited to— (I) not more than 5 days of administrative segregation; and (II) is necessary to protect the inmate during preparation for transfer to a general population protective custody unit or a different general population unit. (4) Vulnerable populations The Bureau of Prisons or any facility that contracts with the Bureau of Prisons shall not place an inmate in solitary confinement if— (A) the inmate has a serious mental illness, has an intellectual disability, has a physical disability that a licensed medical professional finds is likely to be exacerbated by placement in solitary confinement, is pregnant or in the first 8 weeks of the postpartum recovery period after giving birth, or has been determined by a licensed mental health professional to likely be significantly adversely affected by placement in solitary confinement, unless— (i) the inmate poses a substantial and immediate threat; (ii) all other options to de-escalate the situation have been exhausted, including less restrictive techniques such as— (I) penalizing the inmate through loss of privileges; (II) speaking with the inmate in an attempt to de-escalate the situation; and (III) a licensed mental health professional providing an appropriate level of care; (iii) such confinement is limited to the briefest term and the least restrictive conditions practicable, including access to medical and mental health treatment; (iv) such confinement is reviewed by a multidisciplinary staff committee for appropriateness every 24 hours; and (v) as soon as practicable, but not later than 5 days after such confinement begins, the inmate is diverted, upon release from solitary confinement, to— (I) a general population unit; (II) a protective custody unit described in paragraph (3); or (III) a mental health treatment program as described in subsection (c)(2); (B) the inmate is lesbian, gay, bisexual, transgender (as defined in section 115.5 of title 28, Code of Federal Regulations, or any successor thereto), intersex (as defined in section 115.5 of title 28, Code of Federal Regulations, or any successor thereto), or gender nonconforming (as defined in section 115.5 of title 28, Code of Federal Regulations, or any successor thereto), when such placement is solely on the basis of such identification or status; or (C) the inmate is HIV positive, if the placement is solely on the basis of the HIV positive status of the inmate. (5) Special housing units The Director shall— (A) limit administrative segregation— (i) to situations in which such segregation is necessary to— (I) control a substantial and immediate threat that cannot be addressed through alternative housing; or (II) temporarily house an inmate pending transfer, pending classification, or pending resolution of another temporary administrative matter; and (ii) to a duration of not more than 15 consecutive days, and not more than 20 days in a 60-day period, unless— (I) the inmate requests to remain in administrative segregation under paragraph (3)(D)(i); or (II) in order to address the continued existence of a substantial and immediate threat, a multidisciplinary staff committee approves a temporary extension, which— (aa) may not be longer than 15 days; and (bb) shall be reviewed by the multidisciplinary staff committee every 3 days during the period of the extension, in order to confirm the continued existence of the substantial and immediate threat; (B) limit disciplinary segregation— (i) to situations in which such segregation is necessary to punish an inmate who has been found to have committed a significant and serious disciplinary infraction by a disciplinary hearing officer and alternative sanctions would not adequately regulate the behavior of the inmate; and (ii) to a duration of not more than 30 consecutive days, and not more than 40 days in a 60-day period, unless a multidisciplinary staff committee, in consultation with the disciplinary hearing officer who presided over the inmate’s disciplinary hearing, determines that the significant and serious disciplinary infraction of which the inmate was found guilty is of such an egregious and violent nature that a longer sanction is appropriate and approves a longer sanction, which— (I) may be not more than 60 days in a special housing unit if the inmate has never before been found guilty of a similar significant and serious disciplinary infraction; or (II) may be not more than 90 days in a special housing unit if the inmate has previously been found guilty of a similar significant and serious disciplinary infraction; (C) ensure that any time spent in administrative segregation during an investigation into an alleged offense is credited as time served for a disciplinary segregation sentence; (D) ensure that concurrent sentences are imposed for disciplinary violations arising from the same episode; and (E) ensure that an inmate may be released from disciplinary segregation for good behavior before completing the term of the inmate, unless the inmate poses a substantial and immediate threat to the safety of other inmates, staff, or the public. (6) Special management units The Director shall— (A) limit segregation in a special management unit to situations in which such segregation is necessary to temporarily house an inmate whose history, behavior, or circumstances require enhanced management approaches that cannot be addressed through alternative housing; (B) evaluate whether further reductions to the minimum and maximum number of months an inmate may spend in a special management unit are appropriate on an annual basis; (C) ensure that each inmate understands the status of the inmate in the special management unit program and how the inmate may progress through the program; and (D) further reduce the minimum and maximum number of months an inmate may spend in a special management unit if the Director determines such reductions are appropriate after evaluations are performed under subparagraph (B). (7) Administrative maximum facilities The Director shall— (A) limit segregation in an administrative maximum facility to situations in which such segregation is necessary to— (i) implement special administrative measures, as directed by the Attorney General; or (ii) house an inmate who poses an ongoing significant and serious threat to the safety of other inmates, staff, or the public that cannot be addressed through alternative housing; and (B) issue final approval of referral of any inmate who poses an ongoing significant and serious threat for placement in an Administrative Maximum facility, including the United States Penitentiary Administrative Maximum in Florence, Colorado. (8) Right to review placement in solitary confinement The Director shall ensure that each inmate placed in solitary confinement has access to— (A) written notice thoroughly detailing the basis for placement or continued placement in solitary confinement not later than 6 hours after the beginning of such placement, including— (i) thorough documentation explaining why such confinement is permissible and necessary under paragraph (1); and (ii) if an exception under paragraph (2)(A), (3)(D), (4)(A), (4)(B), (5)(A), or (5)(B) is used to justify placement in solitary confinement or under paragraph (1) to justify increased restrictive conditions in solitary confinement, thorough documentation explaining why such an exception applied; (B) a timely, thorough, and continuous review process that— (i) occurs within not less than 3 days of placement in solitary confinement, and thereafter at least— (I) on a weekly basis for inmates in special housing units; (II) on a monthly basis for inmates in special management units; and (III) on a monthly basis for inmates at an administrative maximum facility; (ii) includes private, face-to-face interviews with a multidisciplinary staff committee; and (iii) examines whether— (I) placement in solitary confinement was and remains necessary; (II) the conditions of confinement comply with this section; and (III) whether any exception under paragraph (2)(A), (3)(D), (4)(A), (4)(B), (5)(A), or (5)(B) used to justify placement in solitary confinement or under paragraph (1) used to justify increased restrictive conditions in solitary confinement was and remains warranted; (C) a process to appeal the initial placement or continued placement of the inmate in solitary confinement; (D) prompt and timely written notice of the appeal procedures; and (E) copies of all documents, files, and records relating to the inmate’s placement in solitary confinement, unless such documents contain contraband, classified information, or sensitive security-related information. (c) Mental health care for inmates in solitary confinement (1) Mental health screening Not later than 6 hours after an inmate in the custody of the Bureau of Prisons or any facility that contracts with the Bureau of Prisons to provide housing for inmates in Federal custody is placed in solitary confinement, the inmate shall receive a comprehensive, face-to-face mental health evaluation by a licensed mental health professional in a confidential setting. (2) Mental health treatment program An inmate diagnosed with a serious mental illness after an evaluation required under paragraph (1)— (A) shall not be placed in solitary confinement in accordance with subsection (b)(4); and (B) may be diverted to a mental health treatment program within the Bureau of Prisons that provides an appropriate level of care to address the inmate’s mental health needs. (3) Continuing evaluations After each 14-calendar-day period an inmate is held in continuous placement in solitary confinement— (A) a licensed mental health professional shall conduct a comprehensive, face-to-face, out-of-cell mental health evaluation of the inmate in a confidential setting; and (B) the Director shall adjust the placement of the inmate in accordance with this subsection. (4) Requirement The Director shall operate mental health treatment programs in order to ensure that inmates of all security levels with serious mental illness have access to an appropriate level of care. (d) Training for bureau of prisons staff (1) Training All employees of the Bureau of Prisons or any facility that contracts with the Bureau of Prisons to provide housing for inmates in Federal custody who interact with inmates on a regular basis shall be required to complete training in— (A) the recognition of symptoms of mental illness; (B) the potential risks and side effects of psychiatric medications; (C) de-escalation techniques for safely managing individuals with mental illness; (D) consequences of untreated mental illness; (E) the long- and short-term psychological effects of solitary confinement; and (F) de-escalation and communication techniques to divert inmates from situations that may lead to the inmate being placed in solitary confinement. (2) Notification to medical staff An employee of the Bureau of Prisons shall immediately notify a member of the medical or mental health staff if the employee— (A) observes an inmate with signs of mental illness, unless such employee has knowledge that the inmate’s signs of mental illness have previously been reported; or (B) observes an inmate with signs of mental health crisis. (e) Civil rights ombudsman (1) In general Within the Bureau of Prisons, there shall be a position of the Civil Rights Ombudsman (referred to in this subsection as the Ombudsman ) and an Office of the Civil Rights Ombudsman. (2) Appointment The Ombudsman shall be appointed by the Attorney General and shall report directly to the Director. The Ombudsman shall have a background in corrections and civil rights and shall have expertise on the effects of prolonged solitary confinement. (3) Reporting The Director shall ensure that each Bureau of Prisons facility or any facility that contracts with the Bureau of Prisons provides multiple internal ways for inmates and others to promptly report civil rights violations and violations of this section to the Ombudsman, including— (A) not less than 2 procedures for inmates and others to report civil rights violations and violations of this section to an entity or office that is not part of the facility, and that is able to receive and immediately forward inmate reports to the Ombudsman, allowing the inmate to remain anonymous upon request; and (B) not less than 2 procedures for inmates and others to report civil rights abuses and violations of this section to the Ombudsman in a confidential manner, allowing the inmate to remain anonymous upon request. (4) Notice The Director shall ensure that each Bureau of Prisons facility or any facility that contracts with the Bureau of Prisons provides inmates with— (A) notice of how to report civil rights violations and violations of this section in accordance with paragraph (3), including— (i) notice prominently posted in the living and common areas of each such facility; (ii) individual notice to inmates at initial intake into the Bureau of Prisons, when transferred to a new facility, and when placed in solitary confinement; (iii) notice to inmates with disabilities in accessible formats; and (iv) written or verbal notice in a language the inmate understands; and (B) notice of permissible practices related to solitary confinement in the Bureau of Prisons, including the requirements of this section. (5) Functions The Ombudsman shall— (A) review all complaints the Ombudsman receives; (B) investigate all complaints that allege a civil rights violation or violation of this section; (C) refer all possible violations of law to the Department of Justice; (D) refer to the Director allegations of misconduct involving Bureau of Prisons staff; (E) identify areas in which the Bureau of Prisons can improve the Bureau's policies and practices to ensure that the civil rights of inmates are protected; (F) identify areas in which the Bureau of Prisons can improve the solitary confinement policies and practices of the Bureau and reduce the use of solitary confinement; and (G) propose changes to the policies and practices of the Bureau of Prisons to mitigate problems and address issues the Ombudsman identifies. (6) Access The Ombudsman shall have unrestricted access to Bureau of Prisons facilities and any facility that contracts with the Bureau of Prisons and shall be able to speak privately with inmates and staff. (7) Annual reports (A) Objectives Not later than December 31 of each year, the Ombudsman shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the activities of the Office of the Ombudsman for the fiscal year ending in such calendar year. (B) Contents Each report submitted under subparagraph (A) shall— (i) contain full and substantive analysis, in addition to statistical information; (ii) identify the recommendations the Office of the Ombudsman has made on addressing reported civil rights violations and violations of this section and reducing the use and improving the practices of solitary confinement in the Bureau of Prisons; (iii) contain a summary of problems relating to reported civil rights violations and violations of this section, including a detailed description of the nature of such problems and a breakdown of where the problems occur among Bureau of Prisons facilities and facilities that contract with the Bureau of Prisons; (iv) contain an inventory of the items described in clauses (ii) and (iii) for which action has been taken and the result of such action; (v) contain an inventory of the items described in clauses (ii) and (iii) for which action remains to be completed and the period during which each item has remained on such inventory; (vi) contain an inventory of the items described in clauses (ii) and (iii) for which no action has been taken, the period during which each item has remained on such inventory, the reasons for the inaction, and shall identify any official of the Bureau of Prisons who is responsible for such inaction; (vii) contain recommendations for such legislative or administrative action as may be appropriate to resolve problems identified in clause (iii); and (viii) include such other information as the Ombudsman determines necessary. (C) Submission of reports Each report required under this paragraph shall be provided directly to the Committees described in subparagraph (A) without any prior review, comment, or amendment from the Director or any other officer or employee of the Department of Justice or Bureau of Prisons. (8) Regular meetings with the director of the bureau of prisons The Ombudsman shall meet regularly with the Director to identify problems with reported civil rights violations and the solitary confinement policies and practices of the Bureau of Prisons, including overuse of solitary confinement, and to present recommendations for such administrative action as may be appropriate to resolve problems relating to reported civil rights violations and the solitary confinement policies and practices of the Bureau of Prisons. (9) Responsibilities of bureau of prisons The Director shall establish procedures requiring that, not later than 3 months after the date on which a recommendation is submitted to the Director by the Ombudsman, the Director or other appropriate employee of the Bureau of Prisons issue a formal response to the recommendation. (10) Non-application of the prison litigation reform act Inmate reports sent to the Ombudsman shall not be considered an administrative remedy under section 7(a) of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997e(a) ). . (b) Technical and conforming amendment The table of sections for chapter 303 of title 18, United States Code, is amended by inserting after the item relating to section 4051 the following: 4052. Solitary confinement. . 3. Reassessment of inmate mental health Not later than 180 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall— (1) assemble a team of licensed mental health professionals, which may include licensed mental health professionals who are not employed by the Bureau of Prisons, to conduct a comprehensive mental health reevaluation for each inmate held in solitary confinement for more than 30 days as of the date of enactment of this Act, including a confidential, face-to-face, out-of-cell interview by a licensed mental health professional; and (2) adjust the placement of each inmate in accordance with section 4052(c) of title 18, United States Code, as added by section 2. 4. Director of Bureau of Prisons Section 4041 of title 18, United States Code, is amended— (1) by inserting (a) In general .— before the The Bureau of Prisons shall be ; and (2) by adding at the end the following: (b) Ombudsman The Director of the Bureau of Prisons shall— (1) meet regularly with the Ombudsman appointed under section 4052(e) to identify how the Bureau of Prisons can address reported civil rights violations and reduce the use of solitary confinement and correct problems in the solitary confinement policies and practices of the Bureau; (2) conduct a prompt and thorough investigation of each referral from the Ombudsman under section 4052(e)(5)(D), after each such investigation take appropriate disciplinary action against any Bureau of Prisons employee who is found to have engaged in misconduct or to have violated Bureau of Prisons policy, and notify the Ombudsman of the outcome of each such investigation; and (3) establish procedures requiring a formal response by the Bureau of Prisons to any recommendation of the Ombudsman in the annual report submitted under section 4052(e)(7) not later than 90 days after the date on which the report is submitted to Congress. . 5. Data tracking of use of solitary confinement Section 4047 of title 18, United States Code, is amended by adding at the end the following: (d) Prison solitary confinement assessments (1) In general Not later than March 31 of each year, the Director of the Bureau of Prisons shall prepare and transmit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an annual assessment of the use of solitary confinement, as defined in section 4052(a), by the Bureau of Prisons. (2) Contents Each assessment submitted under paragraph (1) shall include— (A) the policies and regulations of the Bureau of Prisons, including any changes in policies and regulations, for determining which inmates are placed in each form of solitary confinement, or housing in which an inmate is separated from the general population in use during the reporting period, and a detailed description of each form of solitary confinement in use, including all maximum and high security facilities, all special housing units, all special management units, all Administrative Maximum facilities, including the United States Penitentiary Administrative Maximum in Florence, Colorado, and all Communication Management Units; (B) the number of inmates in the custody of the Bureau of Prisons who are housed in each type of solitary confinement described in subparagraph (A) for any period and the percentage of all inmates who have spent at least some time in each form of solitary confinement during the reporting period; (C) the demographics of all inmates housed in each type of solitary confinement described in subparagraph (A), including race, ethnicity, religion, age, and gender; (D) the policies and regulations of the Bureau of Prisons, including any updates in policies and regulations, for subsequent reviews or appeals of the placement of an inmate into or out of solitary confinement; (E) the number of reviews of and challenges to each type of solitary confinement placement described in subparagraph (A) conducted during the reporting period and the number of reviews or appeals that directly resulted in a change of placement; (F) the general conditions and restrictions for each type of solitary confinement described in subparagraph (A), including the number of hours spent in isolation, or restraint, for each, and the percentage of time these conditions involve single-inmate housing; (G) the mean and median length of stay in each form of solitary confinement described in subparagraph (A), based on all individuals released from solitary confinement during the reporting period, including maximum and high security facilities, special housing units, special management units, the Administrative Maximum facilities, including the United States Penitentiary Administrative Maximum in Florence, Colorado, Communication Management Units, and any maximum length of stay during the reporting period; (H) the number of inmates who, after a stay of 5 or more days in solitary confinement, were released directly from solitary confinement to the public during the reporting period; (I) the cost for each form of solitary confinement described in subparagraph (A) in use during the reporting period, including as compared with the average daily cost of housing an inmate in the general population; (J) statistics for inmate assaults on correctional officers and staff of the Bureau of Prisons, inmate-on-inmate assaults, and staff-on-inmate use of force incidents in the various forms of solitary confinement described in subparagraph (A) and statistics for such assaults in the general population; (K) the policies for mental health screening, mental health treatment, and subsequent mental health reviews for all inmates, including any update to the policies, and any additional screening, treatment, and monitoring for inmates in solitary confinement; (L) a statement of the types of mental health staff that conducted mental health assessments for the Bureau of Prisons during the reporting period, a description of the different positions in the mental health staff of the Bureau of Prisons, and the number of part- and full-time psychologists and psychiatrists employed by the Bureau of Prisons during the reporting period; (M) data on mental health and medical indicators for all inmates in solitary confinement, including— (i) the number of inmates requiring medication for mental health conditions; (ii) the number diagnosed with an intellectual disability; (iii) the number diagnosed with serious mental illness; (iv) the number of suicides; (v) the number of attempted suicides and number of inmates placed on suicide watch; (vi) the number of instances of self-harm committed by inmates; (vii) the number of inmates with physical disabilities, including blind, deaf, and mobility-impaired inmates; and (viii) the number of instances of forced feeding of inmates; and (N) any other relevant data. . 6. National resource center on solitary confinement reduction and reform (a) Definition of eligible entity In this section, the term eligible entity means an entity, or a partnership of entities, that has demonstrated expertise in the fields of— (1) solitary confinement, including the reduction and reform of its use; and (2) providing technical assistance to corrections agencies on how to reduce and reform solitary confinement. (b) Requirements Not later than 180 days after the date of enactment of this Act, the Bureau of Justice Assistance shall enter into a cooperative agreement, on a competitive basis, with an eligible entity for the purpose of establishing a coordinating center for State, local, and Federal corrections systems, which shall conduct activities such as— (1) providing on-site technical assistance and consultation to Federal, State, and local corrections agencies to safely reduce the use of solitary confinement; (2) acting as a clearinghouse for research, data, and information on the safe reduction of solitary confinement in prisons and other custodial settings, including facilitating the exchange of information between Federal, State, and local practitioners, national experts, and researchers; (3) creating a minimum of 10 learning sites in Federal, State, and local jurisdictions that have already reduced their use of solitary confinement and work with other Federal, State, and local agencies to participate in training, consultation, and other forms of assistance and partnership with these learning sites; (4) conducting evaluations of jurisdictions that have decreased their use of solitary confinement to determine best practices; (5) conducting research on the effectiveness of alternatives to solitary confinement, such as step-down or transitional programs, strategies to reintegrate inmates into general population, the role of officers and staff culture in reform efforts, and other research relevant to the safe reduction of solitary confinement; (6) developing and disseminating a toolkit for systems to reduce the excessive use of solitary confinement; (7) developing and disseminating an online self-assessment tool for State and local jurisdictions to assess their own use of solitary confinement and identify strategies to reduce its use; and (8) conducting public webinars to highlight new and promising practices. (c) Administration The program under this section shall be administered by the Bureau of Justice Assistance. (d) Report On an annual basis, the coordinating center shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on its activities and any changes in solitary confinement policy at the Federal, State, or local level that have resulted from its activities. (e) Duration The Bureau of Justice Assistance shall enter into a cooperative agreement under this section for 5 years. 7. Authorization of appropriations There is authorized to be appropriated— (1) to the Director of the Bureau of Prisons such sums as may be necessary to carry out sections 2, 3, 4, and 5, and the amendments made by such sections; and (2) to the Bureau of Justice Assistance such sums as may be necessary to carry out section 6. 8. Notice and comment requirement The Director of the Bureau of Prisons shall prescribe rules, in accordance with section 553 of title 5, United States Code, to carry out this Act and the amendments made by this Act. 9. Effective date Except as otherwise provided, this Act and the amendments made by this Act shall take effect 18 months after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5038is/xml/BILLS-117s5038is.xml |
117-s-5039 | II 117th CONGRESS 2d Session S. 5039 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. King (for himself, Mr. Cornyn , Mr. Kaine , Mr. Cramer , Ms. Hirono , Mr. Rounds , Ms. Rosen , Mr. Carper , Mr. Manchin , Mr. Blumenthal , Mr. Tillis , Mr. Young , Ms. Collins , Mr. Sasse , and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a temporary commission to develop a consensus and actionable recommendations on a comprehensive grand strategy with respect to the United States relationship with the People’s Republic of China for purposes of ensuring a holistic approach toward the People's Republic of China across all Federal departments and agencies.
1. China Grand Strategy Commission (a) Establishment There is established a commission, to be known as the China Grand Strategy Commission (in this section referred to as the Commission ), to develop a consensus on a comprehensive grand strategy and whole-of-government approach with respect to the United States relationship with the People's Republic of China for purposes of— (1) ensuring a holistic approach toward the People's Republic of China across all Federal departments and agencies; and (2) defining specific steps necessary to build a stable international order that accounts for the People’s Republic of China's participation in that order; and (3) providing actionable recommendations with respect to the United States relationship with the People’s Republic of China, which are aimed at protecting and strengthening United States national security interests. (b) Membership (1) Composition (A) In general The Commission shall be composed of the following members: (i) The Deputy National Security Advisor. (ii) The Deputy Secretary of Defense. (iii) The Deputy Secretary of State. (iv) The Deputy Secretary of the Treasury. (v) The Deputy Secretary of Commerce. (vi) The Principal Deputy Director of National Intelligence. (vii) Three members appointed by the majority leader of the Senate, in consultation with the chairperson of the Committee on Armed Services of the Senate, one of whom shall be a Member of the Senate and two of whom shall not be. (viii) Three members appointed by the minority leader of the Senate, in consultation with the ranking member of the Committee on Armed Services of the Senate, one of whom shall be a Member of the Senate and two of whom shall not be. (ix) Three members appointed by the Speaker of the House of Representatives, in consultation with the chairperson of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and two of whom shall not be. (x) Three members appointed by the minority leader of the House of Representatives, in consultation with the ranking member of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and two of whom shall not be. (B) Qualifications The members described in clauses (vii) through (x) of subparagraph (A) who are not Members of Congress shall be individuals who are nationally recognized and have well-documented expertise, knowledge, or experience in— (i) the history, culture, economy, or national security policies of the People’s Republic of China; (ii) the United States economy; (iii) the use of intelligence information by national policymakers and military leaders; (iv) the implementation, funding, or oversight of the foreign and national security policies of the United States; or (v) the implementation, funding, or oversight of economic and trade policies of the United States. (C) Avoidance of conflicts of interest An official who appoints members of the Commission may not appoint an individual as a member of the Commission if such individual possesses any personal or financial interest in the discharge of any of the duties of the Commission. (2) Co-chairpersons (A) In general The Commission shall have two co-chairpersons, selected from among the members of the Commission, of whom— (i) one co-chairperson shall be a member of the Democratic Party; and (ii) one co-chairperson shall be a member of the Republican Party. (B) Consensus The individuals selected to serve as the co-chairpersons of the Commission shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives. (c) Appointment; initial meeting (1) Appointment Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. (2) Initial meeting The Commission shall hold its initial meeting on or before the date that is 60 days after the date of the enactment of this Act. (d) Meetings; quorum; vacancies (1) In general After its initial meeting, the Commission shall meet upon the call of the co-chairpersons of the Commission. (2) Quorum Ten members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony. (3) Vacancies Any vacancy on the Commission shall not affect its powers, and shall be filled in the same manner in which the original appointment was made. (4) Quorum with vacancies If vacancies on the Commission occur on any day after the date that is 45 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day. (e) Actions of Commission (1) In general The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. (2) Panels The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered to be the findings and determinations of the Commission unless approved by the Commission. (3) Delegation Any member, agent, or staff member of the Commission may, if authorized by the co-chairpersons of the Commission, take any action that the Commission is authorized to take pursuant to this section. (f) Duties of Commission The duties of the Commission are as follows: (1) To define the core objectives and priorities of the strategy described in subsection (a). (2) To provide definitions of the terms grand strategy and stable international order as such terms relate to United States national security interests and policy toward the People’s Republic of China. (3) To recommend steps toward a stable international order that includes the People's Republic of China that accounts for the People's Republic of China's participation in that order. (4) To consider the manner in which the United States and the allies and partners of the United States cooperate and compete with the People’s Republic of China and to identify areas for such cooperation and competition. (5) To consider methods for recalibrating economic ties with the People’s Republic of China, and any necessary modifications to such ties that may be undertaken by the United States Government. (6) To consider methods for recalibrating additional non-economic ties with the People’s Republic of China, and any necessary modifications to such ties to be undertaken by the United States Government, including research, political, and security ties. (7) To understand the linkages across multiple levels of the Federal Government with respect to United States policy toward the People’s Republic of China. (8) To seek to protect and strengthen global democracy and democratic norms. (9) To understand the history, culture, and goals of the People's Republic of China and to consider the manner in which the People's Republic of China defines and seeks to implement its goals. (10) To review— (A) the strategies and intentions of the People's Republic of China that affect United States national and global interests; (B) the purpose and efficacy of current programs for the defense of the United States; and (C) the capabilities of the Federal Government for understanding whether, and the manner in which, the People’s Republic of China is currently being deterred or thwarted in its aims and ambitions, including in cyberspace. (11) To detail and evaluate current United States policy and strategic interests, including the pursuit of a free and open Indo-Pacific region, with respect to the People’s Republic of China, and the manner in which United States policy affects the policy of the People’s Republic of China. (12) To assess the manner in which the invasion of Ukraine by the Russian Federation may have impacted the People’s Republic of China’s calculations on an invasion of Taiwan and the implications of such impact on the prospects for short-term, medium-term, and long-term stability in the Taiwan Strait. (13) In evaluating options for such strategy, to consider possible structures and authorities that need to be established, revised, or augmented within the Federal Government to maintain United States national security interests in relation to policy toward the People’s Republic of China. (g) Powers of Commission (1) Hearings and evidence The Commission or, as delegated by the co-chairpersons of the Commission, any panel or member thereof, may, for the purpose of carrying out this section— (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission, or such designated panel or designated member, considers necessary; and (B) subject to paragraph (2), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated panel or designated member considers necessary. (2) Subpoenas (A) In general Subpoenas may be issued under paragraph (1)(B) under the signature of the co-chairpersons of the Commission, and may be served by any person designated by such co-chairpersons. (B) Failure to comply The provisions of sections 102 through 104 of the Revised Statutes ( 2 U.S.C. 192–194 ) shall apply in the case of any failure of a witness to comply with any subpoena or to testify when summoned under authority of this section. (3) Contracts The Commission may, to such extent and in such amounts as are provided in advance in appropriations Acts, enter into contracts to enable the Commission to discharge its duties under this section. (4) Information from Federal agencies (A) In general The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this section. (B) Furnishing information Each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a co-chairperson of the Commission. (C) Handling of classified information The Commission shall handle and protect all classified information provided to it under this section in accordance with applicable law. (5) Assistance from Federal agencies (A) Secretary of Defense The Secretary of Defense shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission's duties under this section. (B) Other departments and agencies Other Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. (C) Cooperation The Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairpersons of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. (6) Postal services The Commission may use the United States mails in the same manner and under the same conditions as the departments and agencies of the Federal Government. (7) Gifts A member or staff of the Commission may not receive a gift or benefit by reason of the service of such member or staff to the Commission. (h) Staff and compensation (1) Staff (A) Compensation The co-chairpersons of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (B) Detail of Government employees A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall retain the rights, status, and privileges of his or her regular employment without interruption. (2) Commission members (A) Compensation (i) In general Subject to clause (ii) and except as provided in subparagraph (B), each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Commission under this section. (ii) Members of Congress and Federal employees Members of the Commission who are Members of Congress or officers or employees of the Federal Government may not receive additional pay by reason of their service on the Commission. (B) Travel expenses While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5, United States Code. (3) Consultant services The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title. (4) Security clearances for Commission members, staff, and consultants (A) In general The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to Commission members, staff, and consultants appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided access to classified information under this Act without the appropriate security clearances. (B) Expedited processing The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the Commission by their respective Senate and House of Representatives offices under processes developed for the clearance of legislative branch employees. (i) Treatment of information relating to national security (1) In general The Director of National Intelligence shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this section. (2) Approval required Information related to the national security of the United States that is provided to the Commission by the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Armed Services of the Senate, or the Committee on Armed Services of the House of Representatives may not be further provided or released without the approval of the chairperson of such committee. (3) Access after termination of Commission Notwithstanding any other provision of law, after the termination of the Commission under subsection (k), only the members and designated staff of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives, the Director of National Intelligence (and the designees of the Director), and such other officials of the executive branch as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission. (j) Report (1) In general Not later than September 1, 2025, the Commission shall submit to the appropriate committees of Congress, the Assistant to the President for National Security Affairs, the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, the Secretary of Commerce, and the Director of National Intelligence a final report on the findings and recommendations of the Commission. (2) Form The report required by paragraph (1) shall be submitted in unclassified form and shall include a classified annex. (k) Termination of Commission (1) In general The Commission, and all the authorities of this section, shall terminate at the end of the 120-day period beginning on the date on which the final report is submitted under subsection (j). (2) Administrative activities before termination The Commission may use the 120-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to Congress concerning the final report required by subsection (j) and disseminating such report. (l) Assessments of final report Not later than 60 days after the date on which the final report required by subsection (j) is submitted, the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, the Secretary of Commerce, and the Director of National Intelligence shall each submit to the appropriate committees of Congress an assessment of the final report that includes such comments on the findings and recommendations contained in the final report as the Director or Secretary, as applicable, considers appropriate. (m) Inapplicability of certain administrative provisions (1) Federal Advisory Committee Act The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (2) Freedom of Information Act The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ), shall not apply to the activities, records, and proceedings of the Commission under this section. (n) Authorization of appropriations Of the amounts authorized to be appropriated by this Act for fiscal year 2023 for the Department of Defense, $5,000,000 shall be made available to carry out this section, to remain available until the termination of the Commission. (o) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Select Committee on Intelligence, the Committee on Armed Services, the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, and the Committee on Finance of the Senate; and (2) the Permanent Select Committee on Intelligence, the Committee on Armed Services, the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Affairs, and the Committee on Financial Services of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s5039is/xml/BILLS-117s5039is.xml |
117-s-5040 | II 117th CONGRESS 2d Session S. 5040 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Coons (for himself, Mr. Cornyn , Mr. Durbin , Mr. Lee , Mr. Booker , Mr. Blunt , Mr. Cramer , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide appropriate standards for the inclusion of a term of supervised release after imprisonment, and for other purposes.
1. Short title This Act may be cited as the Safer Supervision Act of 2022 . 2. Findings Congress finds the following: (1) Over 110,000 people were on Federal supervised release as of June 2021. (2) The Supreme Court of the United States explained in Johnson v. United States that Supervised release departed from the parole system it replaced by giving district courts the freedom to provide postrelease supervision for those, and only those, who needed it. … Congress aimed, then, to use the district courts’ discretionary judgment to allocate supervision to those releasees who needed it most. . (3) Federal probation officers report significant caseloads that can exceed 100 cases per officer. This can create a difficult burden for the officers and limit their ability to provide appropriate supervision to those who need it. (4) The potential for early termination or other modifications of supervision, when consistent with public safety, can not only reduce burdens and save valuable judicial resources, but also create positive incentives for compliance and rehabilitation consistent with the purposes of supervision. In the 12-month period ending in June 2021, early terminations were 23 percent of successful supervised release closures. (5) The Administrative Office of the United States Courts has explained that excessive correctional intervention for low-risk defendants may increase the probability of recidivism by disrupting prosocial activities and exposing defendants to antisocial associates. . (6) Supervised release is and should remain an important tool for the Federal courts to use, as appropriate, to, among other items, protect the public from further crimes, deter future criminal conduct, and help the defendant become a contributing member of society by recovering from substance use disorder, participating in rehabilitation and training programs, and providing restitution to victims, among other outcomes. (7) Better tailoring when and how supervised release is imposed, encouraging early termination when appropriate, and expanding judicial discretion on certain revocations will reduce burdens on law enforcement officers and taxpayers, encourage compliance and improve public safety, and better assist defendants in their pursuit of rehabilitation and reintegration, to the benefit of themselves, victims, and communities. 3. Inclusion of a term of supervised release after imprisonment Section 3583 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking The court and inserting the following: (1) In general The court ; and (B) by adding at the end the following: (2) Individualized assessment When determining whether to include a term of supervised release as part of the sentence, and except to the extent that a term of supervised release is required by statute as described in paragraph (1), the court shall— (A) make an individualized assessment under the factors set forth in subsections (c) and (d) as to— (i) whether such a term is appropriate; and (ii) the appropriate length and conditions of such a term; and (B) provide the reasons of the court for imposing or not imposing such a term on the record. ; (2) in subsection (d), in the fifth sentence, by striking shall also and inserting may also ; (3) in subsection (e)— (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly; (B) by striking The court may, and inserting the following: (1) In general Subject to paragraph (2), the court may, ; (C) in subparagraph (A), as so redesignated, by striking after the expiration of one year of supervised release ; (D) in subparagraph (C), as so redesignated, by striking this paragraph and inserting this subparagraph ; (E) in subparagraph (D), as so redesignated, by striking this paragraph and inserting this subparagraph ; and (F) by adding at the end the following: (2) Termination of supervised release For purposes of the termination of supervised release under paragraph (1)(A)— (A) after a defendant has served 50 percent of the term of supervised release imposed on the defendant, the Administrative Office of the United States Courts shall provide notice to a defendant, defendant’s counsel, and any local Federal Public Defender Organization or Community Defender Organization of the opportunity to seek early termination of supervised release under paragraph (1)(A) and the process for doing so; (B) there shall be a presumption of early termination of supervised release for a defendant under supervision if— (i) (I) for a defendant serving a term of supervised release imposed in connection with a conviction for an offense described in subsection (a) of section 16, the defendant has served 66.6 percent of the term of supervised release imposed on the defendant; or (II) for a defendant other than a defendant described in subclause (I), the defendant has served 50 percent of the term of supervised release imposed on the defendant; (ii) the defendant has demonstrated good conduct and compliance while on supervised release; and (iii) the early termination will not jeopardize public safety; (C) the Government shall have an opportunity to object to a request for termination of supervised release and to present evidence, which the defendant shall have the opportunity to rebut, in any proceeding relating to such request; and (D) crime victims’ rights under section 3771 shall apply to any proceeding relating to a request for early termination of supervised release. (3) Public safety In assessing whether early termination will not jeopardize public safety under this subsection, the court shall consider the nature of the offense committed by the defendant, the defendant’s criminal history, the defendant’s record while incarcerated (including good behavior and violations of prison rules), the defendant’s efforts to reintegrate into the community and to avoid recidivism, any statements or information provided by victims of the offense, and other factors the court may find relevant to public safety. (4) Assistance of counsel The court may appoint a Federal public defender, a community defender, or other counsel qualified to be appointed under section 3006A to assist a defendant seeking early termination of supervised release under paragraph (1)(A) or modification of conditions under paragraph (1)(B). (5) Rule of construction Paragraph (2)(B) shall not be construed to limit the discretion of a court under paragraph (1). ; (4) in subsection (g)— (A) in the subsection heading, by striking possession of controlled substance or firearm or for refusal to comply with drug testing and inserting distribution of a controlled substance or possession of a firearm ; (B) by amending paragraph (1) to read as follows: (1) (A) possesses a controlled substance with the intent to distribute; or (B) possesses a controlled substance, the possession of which may be punished by imprisonment for a term exceeding 1 year; ; (C) in paragraph (2), by inserting or at the end; (D) by amending paragraph (3) to read as follows: (3) willfully refuses to comply with drug testing imposed as a condition of supervised release; ; (E) by striking paragraph (4); and (F) in the matter following paragraph (4), by striking subsection (e)(3) and inserting subsection (e)(1)(C) ; and (5) in subsection (k), in the second sentence, by striking subsection (e)(3) and inserting subsection (e)(1)(C) . 4. Law enforcement availability pay for probation and pretrial services officers Not later than 180 days after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts, in consultation with the Director of the Office of Personnel Management, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing a legislative proposal, and considerations for implementation of the proposal, that would provide law enforcement availability pay to Federal probation officers and pre-trial services officers that is equal to that provided to criminal investigators under section 5545a of title 5, United States Code. 5. GAO report (a) Initiation of study Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study on Federal post-release supervision and reentry services. (b) Report The Comptroller General of the United States shall submit to Congress a report regarding the study under subsection (a), which shall include findings and potential recommendations related to— (1) the number of individuals that have been placed on Federal probation or supervised release since 2019; (2) the process for transitioning an individual from the custody of the Bureau of Prisons to the Office of Probation and Pretrial Services or the custody of the United States Marshals Service; (3) a review of Federal programs or funding sources that aim to assist individuals from the custody of the Bureau of Prisons with reentry, including— (A) ongoing mental health and substance use counseling, housing, medical care, education, and job placement; and (B) any changes in such programs or funding since 2019; and (4) a workforce assessment of judicial districts, including an analysis of— (A) during 2020 and 2021, the number of officers, officer caseloads, and overtime hours worked, reported, or accrued; and (B) the system for tracking overtime hours worked by officers of the Office of Probation and Pretrial Services. | https://www.govinfo.gov/content/pkg/BILLS-117s5040is/xml/BILLS-117s5040is.xml |
117-s-5041 | II 117th CONGRESS 2d Session S. 5041 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Stabenow (for herself, Mr. Daines , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions in psychiatry and subspecialties.
1. Short title This Act may be cited as the Training Psychiatrists for the Future Act . 2. Distribution of additional residency positions in psychiatry and psychiatry subspecialties (a) In general Section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) ) is amended— (1) in paragraph (4)(F)(i), by striking and (9) and inserting (9), and (10) ; (2) in paragraph (4)(H)(i), by striking and (9) and inserting (9), and (10) ; and (3) by adding at the end the following new paragraph: (10) Distribution of additional residency positions in psychiatry and psychiatry subspecialties (A) Additional residency positions (i) In general For fiscal year 2025, and for each succeeding fiscal year until the aggregate number of full-time equivalent residency positions distributed under this paragraph is equal to the aggregate number of such positions made available (as specified in clause (ii)(I)), the Secretary shall, subject to the succeeding provisions of this paragraph, increase the otherwise applicable resident limit for each qualifying hospital (as defined in subparagraph (F)) that submits a timely application under this subparagraph by such number as the Secretary may approve effective beginning July 1 of the fiscal year of the increase. (ii) Number available for distribution (I) Total number available The aggregate number of such positions made available under this paragraph shall be equal to 400. (II) Annual limit The aggregate number of such positions so made available shall not exceed 200 for a fiscal year. (iii) Distribution for psychiatry or psychiatry subspecialty residencies Each of the positions made available under this paragraph shall be in a psychiatry or psychiatry subspecialty residency (as defined in subparagraph (F)). (iv) Process for distributing positions (I) Rounds of applications The Secretary shall initiate a separate round of applications for an increase under clause (i) for each fiscal year for which such an increase is to be provided. (II) Timing The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. Such increase shall be effective beginning July 1 of such fiscal year. (B) Distribution For purposes of providing an increase in the otherwise applicable resident limit under subparagraph (A), the following shall apply: (i) Considerations in distribution In determining for which qualifying hospitals such an increase is provided under subparagraph (A), the Secretary shall take into account the demonstrated likelihood of the hospital filling the positions made available under this paragraph within the first 5 training years beginning after the date the increase would be effective, as determined by the Secretary. (ii) Distribution for certain categories of hospitals With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute such aggregate number to the following categories of hospitals: (I) To hospitals that are located in a rural area (as defined in section 1886(d)(2)(D)) or are treated as being located in a rural area pursuant to section 1886(d)(8)(E). (II) To hospitals in which the reference resident level of the hospital (as specified in subparagraph (F)(iv)) is greater than the otherwise applicable resident limit. (III) To hospitals in States with— (aa) new medical schools that received Candidate School status from the Liaison Committee on Medical Education or that received Pre-Accreditation status from the American Osteopathic Association Commission on Osteopathic College Accreditation on or after January 1, 2000, and that have achieved or continue to progress toward Full Accreditation status (as such term is defined by the Liaison Committee on Medical Education) or toward Accreditation status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation); or (bb) additional locations and branch campuses established on or after January 1, 2000, by medical schools with Full Accreditation status (as such term is defined by the Liaison Committee on Medical Education) or Accreditation status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation). (IV) To hospitals that serve areas designated as health professional shortage areas under section 332(a)(1)(A) of the Public Health Service Act, as determined by the Secretary. (V) To hospitals located in States with less than 27 residents per 100,000 people. (C) Requirements (i) In general Subject to clause (ii), a hospital that receives an increase in the otherwise applicable resident limit under this paragraph shall ensure, during the 5-year period beginning on the date of such increase, that— (I) the number of full-time equivalent residents in a psychiatry or psychiatry subspecialty residency (as defined in subparagraph (F)), excluding any additional positions attributable to an increase under this paragraph, is not less than the average number of full-time equivalent residents in such a residency during the 3 most recent cost reporting periods ending prior to the date of enactment of this paragraph; and (II) all of the positions attributable to such increase are in a psychiatry or psychiatry subspecialty residency (as determined by the Secretary). The Secretary may determine whether a hospital has met the requirements under this clause during such 5-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5-year period. (ii) Redistribution of positions if hospital no longer meets certain requirements In the case where the Secretary determines that a hospital described in clause (i) does not meet either of the requirements under subclause (I) or (II) of such clause, the Secretary shall— (I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and (II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. (iii) Limitation A hospital may not receive more than 10 additional full-time equivalent residency positions under this paragraph. (iv) Prohibition on distribution to hospitals without an increase agreement No increase in the otherwise applicable resident limit of a hospital may be made under this paragraph unless such hospital agrees to increase the total number of full-time equivalent residency positions under the approved medical residency training program of such hospital by the number of such positions made available by such increase under this paragraph. (D) Application of per resident amounts for nonprimary care With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for nonprimary care computed under paragraph (2)(D) for that hospital. (E) Permitting facilities to apply aggregation rules The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. (F) Definitions In this paragraph: (i) Otherwise applicable resident limit The term otherwise applicable resident limit means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), (8)(B), and (9)(A). (ii) Psychiatry or psychiatry subspecialty residency The term psychiatry or psychiatry subspecialty residency means a residency in psychiatry as accredited by the Accreditation Council for Graduate Medical Education for the purpose of preventing, diagnosing, and treating mental health disorders. (iii) Qualifying hospital The term qualifying hospital means a hospital described in any of subclauses (I) through (V) of subparagraph (B)(ii). (iv) Reference resident level The term reference resident level means, with respect to a hospital, the resident level for the most recent cost reporting period of the hospital ending on or before the date of enactment of this paragraph, for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary. (v) Resident level The term resident level has the meaning given such term in paragraph (7)(C)(i). . (b) IME Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) ) is amended— (1) in clause (v), in the third sentence, by striking and (h)(9) and inserting (h)(9), and (h)(10) ; (2) by moving clause (xii) 4 ems to the left; and (3) by adding at the end the following new clause: (xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions. . (c) Prohibition on judicial review Section 1886(h)(7)(E) of the Social Security Act (42 U.S.C. 1395ww—4(h)(7)(E)) is amended by inserting paragraph (10), after paragraph (8), . | https://www.govinfo.gov/content/pkg/BILLS-117s5041is/xml/BILLS-117s5041is.xml |
117-s-5042 | II 117th CONGRESS 2d Session S. 5042 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Stabenow (for herself and Mr. Daines ) 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 expand eligibility for incentives under the Medicare health professional shortage area bonus program to practitioners furnishing mental health and substance use disorder services.
1. Short title This Act may be cited as the More Behavioral Health Providers Act . 2. Expanding eligibility for incentives under the Medicare health professional shortage area bonus program to practitioners furnishing mental health and substance use disorder services Section 1833(m) of the Social Security Act ( 42 U.S.C. 1395l(m) ) is amended— (1) by striking paragraph (1) and inserting the following new paragraph: (1) In the case of— (A) physicians' services (other than specified health services that are eligible for the additional payment under subparagraph (B)) furnished in a year to an individual, who is covered under the insurance program established by this part and who incurs expenses for such services, in an area that is designated (under section 332(a)(1)(A) of the Public Health Service Act) as a health professional shortage area as identified by the Secretary prior to the beginning of such year, in addition to the amount otherwise paid under this part, there also shall be paid to the physician (or to an employer or facility in the cases described in clause (A) of section 1842(b)(6)) (on a monthly or quarterly basis) from the Federal Supplementary Medical Insurance Trust Fund an amount equal to 10 percent of the payment amount for the service under this part; and (B) specified health services (as defined in paragraph (5)) furnished in a year to an individual, who is covered under the insurance program established by this part and who incurs expenses for such services, in an area that is designated (under such section 332(a)(1)(A)) as a mental health professional shortage area as identified by the Secretary prior to the beginning of such year, in addition to the amount otherwise paid under this part, there also shall be paid to the physician or applicable practitioner (as defined in paragraph (6)) (or to an employer or facility in the cases described in clause (A) of section 1842(b)(6)) (on a monthly or quarterly basis) from such Trust Fund an amount equal to 15 percent of the payment amount for the service under this part. ; (2) in paragraph (2)— (A) by striking in paragraph (1) and inserting in subparagraph (A) or (B) of paragraph (1) ; (B) by inserting or, in the case of specified health services, the physician or applicable practitioner after physician ; (3) in paragraph (3), by striking in paragraph (1) and inserting in subparagraph (A) or (B) of paragraph (1) ; (4) in paragraph (4)— (A) in subparagraph (B), by inserting or applicable practitioner after physician ; and (B) in subparagraph (C), by inserting or applicable practitioner after physician ; and (5) by adding at the end the following new paragraph: (5) In this subsection, the term specified health services means services otherwise covered under this part that are furnished on or after January 1, 2024, by a physician or an applicable practitioner to an individual— (A) for purposes of diagnosis, evaluation, or treatment of a mental health disorder, as determined by the Secretary; or (B) with a substance use disorder diagnosis for purposes of treatment of such disorder or co-occurring mental health disorder, as determined by the Secretary. (6) In this subsection, the term applicable practitioner means the following: (A) A physician assistant, nurse practitioner, or clinical nurse specialist (as defined in section 1861(aa)(5)). (B) A clinical social worker (as defined in section 1861(hh)(1)). (C) A clinical psychologist (as defined by the Secretary for purposes of section 1861(ii)). (D) A marriage and family therapist (as defined in section 1861(lll)(2)). (E) A mental health counselor (as defined in section 1861(lll)(4)). . | https://www.govinfo.gov/content/pkg/BILLS-117s5042is/xml/BILLS-117s5042is.xml |
117-s-5043 | II 117th CONGRESS 2d Session S. 5043 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Stabenow (for herself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the Secretary of Health and Human Services to issue guidance to States on strategies under Medicaid and CHIP to increase mental health and substance use disorder care provider education, training, recruitment, and retention.
1. Short title This Act may be cited as the Expand the Behavioral Health Workforce Now Act . 2. Guidance to States on strategies under Medicaid and CHIP to increase mental health and substance use disorder care provider education, training, recruitment, and retention Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance to States on strategies under Medicaid and CHIP to increase education, training, recruitment, and retention of mental health and substance use disorder care providers that participate in Medicaid or CHIP, with a focus on improving the capacity of the mental health and substance use disorder care workforce in rural and underserved areas. Such guidance shall include, and not be limited to, strategies on how States may utilize waivers under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) and authorities under titles XIX and XXI of such Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.) for such purposes. | https://www.govinfo.gov/content/pkg/BILLS-117s5043is/xml/BILLS-117s5043is.xml |
117-s-5044 | II 117th CONGRESS 2d Session S. 5044 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Cardin (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To improve the Federal contracting programs of the Small Business Administration, and for other purposes.
1. Short title This Act may be cited as the Federal Contracting Fairness Act of 2022 . 2. Findings Congress finds the following: (1) There remain disparities in education, employment, and business history, which includes unequal contracting opportunities, unequal access to credit or capital, and acquisition of credit or capital under commercially unfavorable circumstances, between individuals defined as socially and economically disadvantaged under the Small Business Act ( 15 U.S.C. 631 et seq. ) and other individuals. (2) The following statistics reiterate the disparities described in paragraph (1): (A) Of the 16,300,000 students enrolled in 4-year undergraduate university in the fall of 2016, 9,100,000 were White, 3,200,000 were Hispanic, 2,200,000 were Black, and 1,100,000 million were Asian. In 2018, 41 percent of all 18- to 24-year-olds were enrolled in college. However, 37 percent of Black 18- to 24-year-olds and 26 percent of Hispanic 18- to 24-year-olds were enrolled in college. Additionally, in 2019, 29 percent of Black adults had a bachelor's degree or higher, 21 percent of Latino or Hispanic adults had a bachelor's degree or higher, and 22 percent of Pacific Islander adults had a bachelor's degree or higher, as compared to 45 percent of White adults. (B) In 2020, 24 percent of Black employees and 24 percent of Hispanic employees report having been discriminated against at work, compared to 15 percent of White employees reporting discrimination at work. In the first quarter of 2022, the unemployment rate in the United States among White workers was 3.6 percent compared to 6.8 percent among Black workers and 4.9 percent among Hispanic workers. (C) With regards to contracting, in 2021, 2.78 percent of Federal contracts were awarded to Asian-owned small businesses, 1.67 percent went to Black-owned small businesses, 1.78 percent went to Hispanic-owned small businesses, and 2.69 percent went to Native American-owned small businesses compared to 15.64 percent of Federal contracts awarded to White-owned small businesses. In total, 9.4 percent of contracting dollars went to minority-owned businesses when 19 percent of United States employer businesses are minority-owned. (D) In terms of access to capital, in 2021, 15 percent of Asian-owned small businesses received all the financing they sought, 16 percent of Black-owned small businesses received all the non-emergency financing they sought, and 19 percent of Hispanic-owned small businesses received all the non-emergency financing they sought, as compared to 35 percent of White-owned small businesses. (3) Given these disparities, the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) remains a vital part in increasing access to Federal contracting opportunities for business owners considered socially and economically disadvantaged, as defined in such Act, and is a critical business development program for ensuring these individuals can start and grow their businesses to compete for Federal contracts. 3. Definitions In this Act: (1) Administration; Administrator The terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively. (2) Qualified HUBZone small business concern; small business concern; small business concern owned and controlled by service-disabled veterans; small business concern owned and controlled by women The terms qualified HUBZone small business concern , small business concern , small business concern owned and controlled by service-disabled veterans , and small business concern owned and controlled by women have the meanings given those terms in section 3 of the Small Business Act ( 15 U.S.C. 632 ). 4. Duration of participation; ramp-up period; transition period (a) Extension of program participation period Section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) ) is amended— (1) in the matter preceding subparagraph (A), by striking nine years and inserting 10 years ; (2) in subparagraph (A), by striking four years and inserting 5 years ; and (3) in subparagraph (B), by striking five years and inserting 5 years . (b) Ramp-Up period (1) Definition In this subsection, the term covered small business concern means a small business concern that, as of the date of enactment of this Act— (A) is in the first 3 years as a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); (B) is an individually owned entity; and (C) has not been awarded a contract under such section 8(a), excluding contracts that meet the simplified acquisition threshold described in section 134 of title 41, United States Code. (2) Election (A) In general Subject to subparagraph (B), a covered small business concern may elect at the time of certification to begin the 10-year program participation period under section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) ), as amended by subsection (a), on the earlier of— (i) the date on which the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); or (ii) 3 years after the date on which the covered small business concern was certified to participate in the program established under such section 8(a). (B) Limitation Notwithstanding subparagraph (A), the program participation period for a covered small business concern under section 7(j)(15) shall not exceed 13 years. (3) Training (A) In general Except as provided in subparagraph (B), if a covered small business concern makes an election under paragraph (2), the covered small business concern shall— (i) participate in 12 hours per year of marketing, business development training, and engagement to show intent in building capacity to participate in the Federal contracting market, which shall be satisfied through training provided by the Administration, the Minority Business Development Agency, resource partners of the Administration, Procurement Technical Assistance Centers, or national organizations with expertise in Federal contracting or that provide contracting certifications; and (ii) log the progress of the covered small business concern on the training carried out under subparagraph (A) in the annual review submitted by the covered small business concern. (B) Exception (i) In general The requirements under subparagraph (A)(i) shall be waived for a covered small business concern if, before reaching 36 hours of training under subparagraph (A)(i), the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ). (ii) Requirement to log Notwithstanding clause (i), a covered small business concern that receives a waiver under clause (i) is required to log the training in which the small business concern participates under subparagraph (A) in accordance with clause (ii) of such subparagraph. (c) Transition period (1) Definitions In this subsection— (A) the term covered small business concern means a small business concern that is in the final 3 years of participation in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); and (B) the term economically disadvantaged individual means an individual described in section 8(a)(6)(A) of the Small Business Act ( 15 U.S.C. 637(a)(6)(A) ). (2) Increased amounts The Administrator may permit the owner of a covered small business concern to have an adjusted gross income and personal net worth that is not more than 3 times higher than the amount allowed for the covered small business program under the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ), and continue to be considered economically disadvantaged for the purposes of that program, if the owner demonstrates— (A) an investment in the covered small business concern to continue to compete in the Federal contracting market, such as investment in company infrastructure; (B) a plan for how the covered small business concern is being prepared to compete for Federal contracts after exiting the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); and (C) any other metrics as determined by the Administrator. 5. Administrative requirements for 8(a) firms Not later than 90 days after the date of enactment of this Act, the Administrator shall issue or revise regulations to— (1) make the review process for small business concerns already certified under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) less burdensome by modifying the annual review of each such small business concern, including by— (A) providing that, with respect to such an annual review, each such small business concern— (i) shall submit to the Administrator a new business plan, including a contract forecast, a transitional management plan, and an annual performance of contracts, and a business capture strategy approach only if the plan or approach, as applicable, has changed, as compared with the previous year; and (ii) may indicate to the Administrator that there has been no change to the business plan or business capture strategy approach described in clause (i) during the previous year; and (B) making such other reductions in the number of forms and documents submitted by each such small business concern that the Administrator determines necessary, while still ensuring that each such small business concern maintains good standing with respect to the program carried out under such section 8(a); (2) determine a new process for how the Administrator processes the annual review of each such small business concern that, at a minimum, requires the Administrator to conduct a review, which shall be expedited, of the small business concern when the small business concern is awarded a contract under such section 8(a); and (3) coordinate with the General Services Administration to streamline the Past Performance Questionnaire form for small business concerns and Federal agencies participating in the programs established under sections 8(a), 8(m), 31, and 36 of the Small Business Act ( 15 U.S.C. 637(a) , 637(m), 657a, 657f). 6. SBA representation on the Federal Acquisition Regulation Council Section 1302(b) of title 41, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) the Administrator of the Small Business Administration. ; and (2) in paragraph (2)(A), by striking subparagraphs (B) to (D) and inserting subparagraphs (B) through (E) . 7. Office of Small and Disadvantaged Business Utilization; Director Section 15(k)(3) of the Small Business Act ( 15 U.S.C. 644(k)(3) ) is amended by inserting be at a level that is not less senior than the Under Secretary of Defense for Policy or the Under Secretary of Defense for Acquisition and Sustainment, after appraisals), . 8. Sole source thresholds The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) in section 8 ( 15 U.S.C. 637 )— (A) in subsection (a)(1)(D)(i), by striking subclause (II) and inserting the following: (II) the anticipated award price of the contract (including options and options periods) will exceed— (aa) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development, except that such amount shall be $14,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; (bb) $14,000,000 (or $16,000,000, if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45) in the case of a contract opportunity described in item (aa), if the small business concern subcontracts with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ), for which the limitations on subcontracting under section 46 shall not apply; (cc) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing, except that such amount shall be $16,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; or (dd) $10,000,000 in the case of any other contract opportunity, except that such amount shall be $12,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45. ; and (B) in subsection (m)— (i) in paragraph (7)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; and (ii) in paragraph (8)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; (2) in section 31(c)(2)(A)(ii) ( 15 U.S.C. 657a(c)(2)(A)(ii) ), by striking subclauses (I) and (II) and inserting the following: (I) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (II) $14,000,000 in the case of a contract opportunity described in item (aa), if the qualified HUBZone small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (III) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (IV) $10,000,000 in the case of any other contract opportunity; and ; and (3) in section 36(c)(2) ( 15 U.S.C. 657f(c)(2) ), by striking subparagraphs (A) and (B) and inserting the following: (A) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (B) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); (C) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (D) $10,000,000 in the case of any other contract opportunity; and . 9. Mentor-protege program (a) Removal of restriction on number of mentors (1) In general Section 45(b)(3)(A) of the Small Business Act ( 15 U.S.C. 657r(b)(3)(A) ) is amended by striking , including any restrictions and all that follows through the end of the subparagraph and inserting a period. (2) Regulations The Administrator shall issue regulations to provide that there is no restriction on the number of mentors under section 45 of the Small Business Act ( 15 U.S.C. 657r ) that a small business concern participating in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) may have while participating in the program, if the mentor-protege relationships do not conflict or compete with each other. (b) Database The Administrator shall create an online centralized database for mentors and proteges (as defined in section 45 of the Small Business Act ( 15 U.S.C. 657r )) to foster connection and support business development between the 2 groups. (c) Streamlined process The Administrator shall issue regulations to streamline the process for applying to the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r ). 10. Certification process (a) Regulations Not later than 1 year after the date of enactment of this Act, the Administrator shall issue regulations to streamline the certification process for small business concerns seeking to become certified as— (1) a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); (2) a small business concern owned and controlled by women; (3) a qualified HUBZone small business concern; or (4) a small business concern owned and controlled by service-disabled veterans. (b) Report Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that outlines how the Administrator plans to streamline the certification process described in subsection (a). 11. Repeal of bonafide office rule Section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) is amended by repealing paragraph (11). 12. Reports (a) Demographic data Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall— (1) make publicly available on the website of the Administration— (A) disaggregated data on the size and number of contracts in total by the Federal Government and by each Federal agency to small business concerns by demographics, including, at a minimum, the gender, race, and ethnicity categories published by the Administration in the disaggregated Federal contracting data in December 2021, and the size of the small business concern; and (B) data on the number of small business concerns owned and controlled by disabled individuals that are participating in the program established under section 8(a); and (2) with consultation with the Administrator of General Services, include on SAM.gov the ability for small business concerns to report the data described in paragraph (1)(B). (b) Review of size standards Not later than 180 days after the date of enactment of this Act, the Administrator shall conduct a review of and submit to Congress a report on the size standards applicable to participants in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ), and outline ways in which the Administration can modify size standards to allow program participants to grow and continue to exist after exiting the program. (c) Ability To obtain set-Aside and sole source contracts Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on— (1) the ability of small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) that are not owned by Alaska Native Corporations or Native Hawaiian Organizations to compete for and successfully obtain set-aside contracts, including by reporting data comparing the distribution of awarded set-aside contracts among— (A) small business concerns participating in that program that are not owned by Alaska Native Corporations or Native Hawaiian Organizations; and (B) small business concerns participating in that program that are owned by Alaska Native Corporations or Native Hawaiian Organizations; and (2) the best sole source thresholds to enable small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) to secure available sole source contracts. (d) Changes to 8 (a) program Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on a plan to implement the changes to the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) required under this Act and the amendments made by this Act. 13. Authorization of appropriations There is authorized to be appropriated to the Administration— (1) for fiscal year 2023 and every fiscal year thereafter— (A) $20,000,000 to increase the number of procurement center representatives under section 15(l) of the Small Business Act ( 15 U.S.C. 644(l) ) and commercial marketing representatives, of which $2,000,000 of those amounts shall be used to provide those individuals with increased training on the process to be awarded a sole-source contract; (B) $20,000,000 to increase the number of district office business specialists available under the 8(a) program; (C) $5,000,000 for costs related to certifying small business concerns as small business concerns owned and controlled by women; and (D) $400,000 for costs related to processing applications to participate in the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r ); and (2) for fiscal year 2023, to remain available until expended, $2,500,000 to replace the dynamic small business search database of the Administration. | https://www.govinfo.gov/content/pkg/BILLS-117s5044is/xml/BILLS-117s5044is.xml |
117-s-5045 | II 117th CONGRESS 2d Session S. 5045 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Menendez (for himself, Mr. Schumer , Mr. Blumenthal , Mrs. Gillibrand , Mr. Booker , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund.
1. Short title This Act may be cited as the Fairness for 9/11 Families Act . 2. Appropriations (a) In general Section 404(d)(4)(C) of the Justice for United States Victims of State Sponsored Terrorism Act ( 34 U.S.C. 20144(d)(4)(C) ) is amended by adding at the end the following: (iv) Authorization (I) In general The Special Master shall authorize lump sum catch-up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). (II) Appropriations (aa) In general There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. (bb) Limitation Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. . (b) Emergency designation (1) In general The amounts provided under the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (2) Designation in the Senate and the House The amendments made by subsection (a) are designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (c) Rescission Of the unobligated balances of amounts made available under the heading Small Business Administration—Business Loans Program Account, CARES Act , for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), $2,982,000,000 are hereby rescinded. | https://www.govinfo.gov/content/pkg/BILLS-117s5045is/xml/BILLS-117s5045is.xml |
117-s-5046 | II 117th CONGRESS 2d Session S. 5046 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Grassley (for himself and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To combat organized crime involving the illegal acquisition of retail goods for the purpose of selling those illegally obtained goods through physical and online retail marketplaces.
1. Short title This Act may be cited as the Combating Organized Retail Crime Act of 2022 . 2. Findings It is the sense of Congress that— (1) organized retail crime, a crime involving groups of individuals specifically targeting retail stores, often by using violence or threats of violence to subdue employees and shoppers while robbing stores of their most valuable and easily diverted merchandise, has been a growing concern to retailers, industry, and law enforcement; (2) retailers have seen a dramatic increase in occurrences of organized retail crime, costing retailers approximately $720,000 per every $1,000,000,000 in sales in 2019, representing more than a 50-percent increase in such losses since 2015. Further, according to the National Retail Federation, the use of violence or aggression is increasing in the commission of these crimes, with 2/3 of retailers reporting an increase of violence during the commission of retail theft; (3) organized retail crime— (A) threatens the safety and liberty of individuals in the United States when those individuals engage in commerce; (B) erodes the retail economy for customers and businesses alike; and (C) finances transnational criminal organizations that use the proceeds of those thefts to support the criminal goals of the criminal organizations; and (4) it has become necessary for Congress— (A) to amend title 18, United States Code, to ensure that law enforcement has the legal tools necessary to combat organized retail crime in the same capacity as law enforcement is able to combat theft and diversion from other portions of the supply chain; and (B) to direct the executive branch to create a central coordination center to align Federal, State, local, territorial, and Tribal efforts to combat organized retail crime. 3. Amendments to title 18, United States Code Part I of title 18, United States Code, is amended— (1) in section 982(a)(5)— (A) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; (B) by inserting after subparagraph (B) the following: (C) section 659 (interstate or foreign shipments by carrier; State prosecutions); ; (C) in subparagraph (E), as so redesignated, by striking ; or and inserting a semicolon; and (D) by inserting after subparagraph (F), as so redesignated, the following: (G) section 2314 (transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting); or (H) section 2315 (sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps) ; (2) in section 1956(c)(7)(D)— (A) by inserting section 659 (interstate or foreign shipments by carrier; State prosecutions), after section 658 (relating to property mortgaged or pledged to farm credit agencies), ; and (B) by inserting section 2314 (transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting), section 2315 (sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps), after section 2281 (relating to violence against maritime fixed platforms), ; (3) in section 2314, in the first paragraph— (A) by inserting or by using any facility of interstate or foreign commerce, after commerce ; (B) by inserting or of an aggregate value of $5,000 or more during any 12-month period, after more, ; (C) by inserting , embezzled, after stolen ; and (D) by inserting , false pretense, or other illegal means after fraud ; and (4) in section 2315, in the first paragraph— (A) by inserting or of an aggregate value of $5,000 or more during any 12-month period, after $5,000 or more, ; (B) by striking ; or ; and (C) by inserting , or have been stolen, unlawfully converted, or taken by the use of any facility of interstate or foreign commerce in the commission of said act; or at the end. 4. Establishment of a Center to Combat Organized Retail Crime (a) In general Title III of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4341 et seq. ) is amended by inserting after section 305 the following: 305A. Organized Retail Crime Coordination Center (a) Definitions In this section: (1) Center The term Center means the Organized Retail Crime Coordination Center established pursuant to subsection (b)(1). (2) Organized retail crime The term organized retail crime includes— (A) any crime described in section 2314 or 2315 of title 18, United States Code; and (B) aiding or abetting the commission of, or conspiring to commit, any act that is in furtherance of a violation of a crime referred to in paragraph (1). (b) Organized Retail Crime Coordination Center (1) Establishment Not later than 90 days after the date of the enactment of the Combating Organized Retail Crime Act of 2022 , the Secretary of Homeland Security shall direct the Executive Associate Director of Homeland Security Investigations to establish the Organized Retail Crime Coordination Center. (2) Duties The duties of the Center shall include— (A) coordinating Federal law enforcement activities related to organized retail crime, including investigations of national and transnational criminal organizations that are engaged in organized retail crime; (B) establishing relationships with State and local law enforcement agencies and organizations, including organized retail crime associations, and sharing information regarding organized retail crime threats with such agencies and organizations; (C) assisting State and local law enforcement agencies with their investigations of organized retail crime groups; (D) establishing relationships with retail companies, sharing information with such companies regarding organized retail crime threats, and providing mechanisms for the receipt of investigative information on such threats; (E) establishing a secure system for sharing information regarding organized retail crime threats by leveraging existing information systems at the Department of Homeland Security and the Department of Justice; (F) tracking trends with respect to organized retail crime and releasing annual public reports on such trends; and (G) supporting the provision of training and technical assistance in accordance with subsection (c). (3) Leadership; staffing (A) Director The Center shall be headed by a Director, who shall be— (i) an experienced law enforcement officer; (ii) appointed by the Director of U.S. Immigration and Customs Enforcement; and (iii) in the Senior Executive Service (as defined in section 3132 of title 5, United States Code). (B) Deputy director The Director of the Center shall be assisted by a Deputy Director, who shall be appointed, on a 2-year rotational basis, upon request from the Executive Associate Director of Homeland Security Investigations, by— (i) the Director of the Federal Bureau of Investigation; (ii) the Director of the United States Secret Service; or (iii) the Chief Postal Inspector. (C) Federal staff The staff of the Center shall include— (i) Special Agents and Analysts from Homeland Security Investigations; (ii) detailed criminal investigators, analysts, and liaisons from other Federal agencies who have responsibilities related to organized retail crime, including detailees from— (I) U.S. Customs and Border Protection; (II) the United States Secret Service; (III) the United States Postal Inspection Service; and (IV) the Bureau of Alcohol, Tobacco, Firearms and Explosives. (D) State and local staff The staff of the Center may include detailees from State and local law enforcement agencies, who shall serve at the Center on a nonreimbursable basis. (4) Coordination (A) In general The Center shall coordinate its activities, as appropriate, with other Federal agencies and centers responsible for countering transnational organized crime threats. (B) Shared resources In establishing the Center, the Executive Associate Director of Homeland Security Investigations may co-locate or otherwise share resources and personnel, including detailees and agency liaisons, with— (i) the National Intellectual Property Rights Coordination Center, established pursuant to section 305(a)(1); or (ii) other existing interagency centers within the Department of Homeland Security. (C) Agreements The Director of the Center, or his or her designee, may enter into agreements with Federal, State, local, and Tribal agencies and private sector entities to facilitate carrying out the duties described in subsection (b)(2). (D) Information sharing Subject to the approval of the Director of the Center, information that would otherwise be subject to the limitation on the disclosure of confidential information set forth in section 1905 of title 18, United States Code, may be shared if such disclosure is operationally necessary. The Director may not delegate his or her authority under this subparagraph. (5) Reporting requirements (A) Initial report (i) In general Not later than 1 year after the date of the enactment of the Combating Organized Retail Crime Act of 2022 , the Secretary of Homeland Security shall submit a report regarding the establishment of the Center to— (I) the Committee on the Judiciary of the Senate ; (II) the Committee on Homeland Security and Governmental Affairs of the Senate ; (III) the Committee on the Judiciary of the House of Representatives ; and (IV) the Committee on Homeland Security of the House of Representatives . (ii) Contents The report required under clause (i) should include a description of— (I) the organizational structure of the Center; (II) the agencies and partner organizations that are represented within the Center; (III) any challenges that had to be addressed while establishing the Center; (IV) any lessons learned from establishing the Center, including successful prosecutions resulting from the activities of the Center; (V) recommendations for ways to strengthen the enforcement of laws involving organized retail crime; (VI) recommendations for ways to include organized retail crime within a holistic supply chain security enforcement framework; (VII) the intersections and commonalities between organized retail crime organizations and other organized theft groups, including supply chain diversion and theft; and (VIII) the impact of organized theft groups on the scarcity of vital products, including medicines, personal protective equipment, and infant formula. (B) Annual report Beginning on the date that is 1 year after the submission of the report required under subparagraph (A), the Director shall submit an annual report that describes the activities of the Center during the previous year to the congressional committees listed in subparagraph (A). (c) Training and technical assistance (1) Evaluation Not later than 180 days after the date of the enactment of the Combating Organized Retail Crime Act of 2022 , the Secretary of Homeland Security and the Attorney General shall conduct an evaluation of existing Federal programs that provide grants, training, and technical support to State, local, and Tribal law enforcement to assist in countering organized retail crime. (2) Evaluation scope The evaluation required under paragraph (1) shall evaluate, at a minimum— (A) the Homeland Security Grant Program at the Federal Emergency Management Agency; (B) grant programs at the Office of Justice Programs within the Department of Justice; and (C) relevant training programs at the Federal Law Enforcement Training Center. (3) Report Not later than 45 days after the completion of the evaluation required under paragraph (1), the Secretary of Homeland Security and the Attorney General shall jointly submit a report to the congressional committees listed in subsection (b)(5)(A)(i) that— (A) describes the results of such evaluation; and (B) includes recommendations on ways to expand grants, training, and technical assistance for combating organized retail crime. (4) Enhancing or modifying training and technical assistance Not later than 45 days after submitting the report required in paragraph (3), the Secretary of Homeland Security and the Attorney General shall jointly issue formal guidance to relevant agencies and offices within the Department of Homeland Security and the Department of Justice for modifying or expanding, as appropriate, the prioritization of training and technical assistance designed to counter organized retail crime. . (b) Clerical amendment The table of contents for the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 107–296 ) is amended by inserting after the item relating to section 305 the following: Sec. 305A. Organized Retail Crime Coordination Center. . | https://www.govinfo.gov/content/pkg/BILLS-117s5046is/xml/BILLS-117s5046is.xml |
117-s-5047 | II 117th CONGRESS 2d Session S. 5047 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mrs. Gillibrand (for herself, Mr. Grassley , Mrs. Feinstein , Mrs. Capito , Ms. Klobuchar , Mr. Rubio , Mr. Warner , Ms. Ernst , Mr. Reed , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to combat campus sexual assault, and for other purposes.
1. Short title This Act may be cited as the Campus Accountability and Safety Act . 2. Amendments to the Clery Act Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) (known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act) is amended— (1) in paragraph (1)— (A) by inserting which shall include, at a minimum, publication in an easily accessible manner on the website of the institution, after through appropriate publications or mailings, ; (B) in subparagraph (C), by striking clause (ii) and inserting the following: (ii) if applicable, any memorandum of understanding between the institution and law enforcement, or a description of the working relationship between the institution, campus security personnel, or campus law enforcement and State or local law enforcement agencies; and ; (C) in subparagraph (F)— (i) in clause (i)— (I) by redesignating subclauses (III) through (IX) as subclauses (VI) through (XII); and (II) by striking subclause (II) and inserting the following: (II) rape; (III) fondling; (IV) incest; (V) statutory rape; ; and (ii) in clause (ii), by striking subclauses (I) through (VIII) of clause (i) and inserting subclauses (I) through (XI) of clause (i) ; and (D) by adding at the end the following: (K) (i) With respect to the criminal activity described in subclauses (II) and (III) of subparagraph (F)(i), the eligible institution shall prepare for the annual security report that is due on the date that is 1 year after the date of enactment of the Campus Accountability and Safety Act, and annually thereafter, the following additions: (I) The number of such incidents where the respondent is a student at the institution. (II) Of the incidents described in subclause (I), the number of such incidents that were reported to the title IX coordinator or other higher education responsible employee of the institution. (III) Of the incidents described in subclause (II), the number of victims who sought campus disciplinary action at the institution. (IV) Of the victims described in subclause (III), the number of cases processed through the student disciplinary process of the institution. (V) Of the cases described in subclause (IV), the number of respondents who were found responsible through the student disciplinary process of the institution. (VI) Of the cases described in subclause (IV), the number of respondents who were found not responsible through the student disciplinary process of the institution. (VII) A description of the final sanctions imposed by the institution for each incident for which a respondent was found responsible through the student disciplinary process of the institution, if such description will not reveal personally identifiable information about an individual student. (VIII) The number of student disciplinary proceedings at the institution that have closed without resolution since the previous annual security report due to withdrawal from the institution of higher education by the respondent pending resolution of the student disciplinary proceeding. (ii) The Secretary shall provide technical assistance to eligible institutions to assist such institutions in meeting the requirements of this subparagraph. ; (2) in paragraph (6)(A), by adding at the end the following: (vi) The term complainant means an individual who is alleged to be the victim of conduct that could constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking. (vii) The term respondent means an individual who is alleged to be the perpetrator of conduct that could constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking. (viii) The term title IX coordinator has the meaning given to the individual designated as a responsible employee in section 106.8(a) of title 34, Code of Federal Regulations, as such section is in effect on the date of enactment of the Campus Accountability and Safety Act. (ix) The term higher education responsible employee means an employee of an institution of higher education who— (I) has the authority to take action to redress domestic violence, dating violence, sexual assault, sexual harassment, or stalking; or (II) has the duty to report domestic violence, dating violence, sexual assault, sexual harassment, or stalking or any other misconduct by students or employees to appropriate school officials. ; (3) by striking paragraph (7) and inserting the following: (7) The statistics described in clauses (i), (ii), and (iii) of paragraph (1)(F)— (A) shall not identify complainants or respondents or contain any other information from which complainants or respondents could be identified; and (B) shall be compiled in accordance with the following definitions: (i) For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (ii) For the offense of rape, such statistics shall be compiled in accordance with the definition of rape as the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. (iii) For the offenses of fondling, incest, and statutory rape, such statistics shall be compiled in accordance with the definition used in the National Incident Based Reporting System. (iv) For offenses not described in clause (i), (ii), or (iii), such statistics shall be compiled in accordance with the Uniform Crime Reporting Program of the Department of Justice, Federal Bureau of Investigation, and the modifications to such definitions as implemented pursuant to the Hate Crime Statistics Act ( 34 U.S.C. 41305 ). ; (4) in paragraph (8)(B)— (A) in clause (i)— (i) in the matter preceding subclause (I), by inserting , developed in consultation with local, State, or national sexual assault, dating violence, domestic violence, and stalking victim advocacy, victim services, or prevention organizations, and local law enforcement, after Education programs ; and (ii) in subclause (I)(aa), by inserting , including the fact that these are crimes for the purposes of this subsection and reporting under this subsection, and the institution of higher education will, based on the complainant’s wishes, cooperate with local law enforcement with respect to any alleged criminal offenses involving students or employees of the institution of higher education, including by notifying and obtaining written consent from a complainant who has been fully and accurately informed about what procedures shall occur if information is shared, when the institution of higher education seeks to share information regarding an alleged criminal offenses with a law enforcement agency after stalking ; and (B) in clause (iv)— (i) by redesignating subclauses (II) and (III) as subclauses (III) and (IV), respectively; (ii) by inserting after subclause (I) the following: (II) the institution will comply with the requirements of section 125(b), and shall include a description of such requirements; ; and (iii) in subclause (IV), as redesignated by clause (i)— (I) in item (aa), by inserting , within 5 days of such determination after sexual assault, or stalking ; (II) in item (bb), by inserting simultaneously with the notification of the outcome described in item (aa), before the institution's ; (III) in item (cc), by inserting within 5 days of such change after results become final ; and (IV) in item (dd), by inserting within 5 days of such determination after results become final . 3. Transparency Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is amended by adding at the end the following: 124. Transparency The Secretary shall establish a publicly available, searchable, accessible, and user-friendly campus safety website that includes the following: (1) The name and contact information for the title IX coordinator for each institution of higher education receiving funds under this Act, and a brief description of the title IX coordinator’s role and the roles of other officials who may be contacted to discuss or report sexual harassment. (2) The Department’s pending investigations, enforcement actions, letters of finding, final resolutions, and voluntary resolution agreements for all complaints and compliance reviews under section 485(f) and under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 ) related to sexual harassment. The Secretary shall indicate whether the investigation, action, letter, resolution, or agreement is based on a complaint or compliance review. The Secretary shall make the information under this subsection available regarding a complaint once the Department receives a written complaint, and conducts an initial evaluation, and has determined that the complaint should be opened for investigation of an allegation that, if substantiated, would constitute a violation of such title IX or section 485(f). In carrying out this subsection, the Secretary shall ensure that personally identifiable information is not reported and shall comply with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ), commonly known as the Family Educational Rights and Privacy Act of 1974 . (3) A comprehensive campus safety and security data analysis tool that allows for the review and download of data that institutions of higher education subject to section 485(f) are required to report under this Act. (4) Information regarding how to file complaints with the Department related to alleged violations of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 ) and of section 485(f). (5) Information regarding the Department’s policies for reviewing complaints, initiating compliance reviews, and conducting and resolving investigations related to alleged violations of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 ) and of section 485(f). This information shall include— (A) the contact information for at least one individual at the Department who can answer questions from institutions of higher education, complainants (as defined in section 485(f)(6)), and other interested parties about such policies; (B) potential outcomes of an investigation; and (C) the expected timeframe for resolution of an investigation and any circumstance that may change such timeframe. . 4. University support for survivors of domestic violence, dating violence, sexual assault, sexual harassment, and stalking (a) In general Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is further amended by adding after section 124 (as added by section 3), the following: 125. University support for survivors of domestic violence, dating violence, sexual assault, sexual harassment, and stalking (a) Definitions In this section: (1) Complainant The term complainant means an individual who is alleged to be the victim of conduct that could constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking. (2) Higher education responsible employee The term higher education responsible employee has the meaning given the term in section 485(f)(6). (3) Respondent The term respondent means an individual who is alleged to be the perpetrator of conduct that could constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking. (4) Title IX coordinator The term title IX coordinator has the meaning given the term in section 485(f)(6). (5) Victim-centered, trauma-informed interview techniques The term victim-centered, trauma-informed interview techniques means asking questions of an individual who reports that the individual has been a victim of domestic violence, dating violence, sexual assault, sexual harassment, or stalking, in a manner that is focused on the experience of the victim, does not judge or blame the victim for the alleged act, is informed by evidence-based research on the neurobiology of trauma, and contains information on cultural competence based on practices of rape crisis centers, victim advocacy centers, sexual assault response teams, title IX offices, and similar groups, including organizations that work with underserved populations (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )). (b) Campus security policy Each institution of higher education that receives funds under this Act, shall establish a campus security policy that includes the following: (1) Sexual and interpersonal violence coordinators The designation of one or more sexual and interpersonal violence coordinators at the institution to whom student complainants of domestic violence, dating violence, sexual assault, sexual harassment, or stalking can report, including anonymously, which shall be part of a policy that complies with the following: (A) The sexual and interpersonal violence coordinator— (i) shall not be an undergraduate student, a full-time graduate student, an employee designated as a higher education responsible employee, or the title IX coordinator; (ii) may have other roles at the institution; (iii) shall be appointed based on experience and a demonstrated ability of the individual to effectively provide trauma-informed victim services related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including to underserved populations (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )); (iv) shall be supervised by an individual outside the body responsible for investigating and adjudicating complaints at the institution related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking; (v) shall not serve as an advisor under section 485(f)(8)(B)(iv)(III); and (vi) shall not be required to report allegations as a campus security authority under section 485(f). (B) The Secretary shall designate categories of employees that may serve as sexual and interpersonal violence coordinators, such as health care staff, clergy, staff of a women’s center, or other such categories, and specify under what conditions individuals may go through training to obtain victim advocate privilege in States with applicable laws. Such designation shall not preclude the institution from designating other employees or partnering with national, State, or local victim services organizations to serve as sexual and interpersonal violence coordinators or to serve in other confidential roles. (C) The sexual and interpersonal violence coordinator shall complete the training requirements described in paragraph (5) and subparagraph (D) within a reasonable time after being designated as a sexual and interpersonal violence coordinator. (D) The Secretary shall develop online training materials, in addition to the training required under paragraph (5), not later than 1 year after the date of enactment of the Campus Accountability and Safety Act, for the training of sexual and interpersonal violence coordinators. (E) The sexual and interpersonal violence coordinator shall inform the complainant, including in a written format— (i) of the complainant’s rights under Federal and State law; (ii) of the complainant’s rights and options pursuant to the policy that the institution of higher education has developed pursuant to clauses (ii) through (vii) of section 485(f)(8)(B); (iii) of the complainant’s reporting options, including the option to notify a higher education responsible employee, the option to notify local law enforcement, and any other reporting options; (iv) a description of the process of investigation and any disciplinary proceeding of the institution that may follow notification of a higher education responsible employee; (v) a description of the process of civil investigation and adjudication of the criminal justice system that may follow notification of law enforcement; (vi) a description of the jurisdiction, scope, and possible sanctions of the student disciplinary process of the institution of higher education and of the criminal justice process, including any possible sanctions for complainants, such as laws regarding false reporting, in a victim-centered and trauma-informed manner; (vii) that the student disciplinary process of the institution of higher education in not equivalent to, and should not be considered a substitute for, the criminal justice process; (viii) any limitations on the ability of the sexual and interpersonal violence coordinator to provide privacy or confidentiality to the complainant under the policies of the institution of higher education, Federal law, or State law; and (ix) of a list of local rape crisis centers, victim advocacy centers, sexual and interpersonal violence teams, title IX offices, or similar groups that are based on or near campus and can reasonably be expected to act as a resource for the student. (F) The sexual and interpersonal violence coordinator may, as appropriate— (i) serve as a liaison between a complainant and a higher education responsible employee or law enforcement, provided the sexual and interpersonal violence coordinator has obtained written consent from the complainant who has been fully and accurately informed about what procedures shall occur if information is shared; and (ii) assist a complainant in contacting and reporting to a higher education responsible employee or law enforcement. (G) The sexual and interpersonal violence coordinator shall be authorized by the institution to liaise with appropriate staff at the institution to arrange reasonable accommodations through the institution to allow the complainant to change living arrangements or class schedules, obtain accessibility services (including language services), or arrange other accommodations for the complainant. The institution may not require that the complainant report to a law enforcement agency as a condition to grant such accommodations. (H) The sexual and interpersonal violence coordinator shall not be obligated to report crimes to the institution or law enforcement in a way that identifies a complainant or respondent, unless otherwise required to do so by State law. The sexual and interpersonal violence coordinator shall, to the extent authorized under State law, provide confidential services. (I) The institution shall designate as a sexual and interpersonal violence coordinator an individual who has victim advocate privilege under State law (including receipt of any applicable State-required training for that purpose) if there is such an individual employed by the institution. The institution may partner through a formal agreement with an outside organization with the experience described in subparagraph (A)(iii), such as a community-based rape crisis center or other community-based sexual assault service provider, to provide the services described in this paragraph. (J) The sexual and interpersonal violence coordinator shall collect and report anonymized statistics, on an annual basis, unless prohibited by State law. The sexual and interpersonal violence coordinator shall ensure that such reports do not include identifying information and that the confidentiality of a complainant or respondent is not jeopardized through the reporting of such statistics. Any requests for accommodations, as described in subparagraph (G), made by a sexual and interpersonal violence coordinator shall not trigger an investigation by the institution, even if the sexual and interpersonal violence coordinator deals only with matters relating to domestic violence, dating violence, sexual assault, sexual harassment, and stalking. (K) The institution shall appoint an adequate number of sexual and interpersonal violence coordinators not later than the earlier of— (i) 1 year after the Secretary determines through a negotiated rulemaking process what an adequate number of sexual and interpersonal violence coordinators is for an institution based on its size; or (ii) 3 years after the date of enactment of the Campus Accountability and Safety Act. (L) As part of the negotiated rulemaking process described in subparagraph (K)(i), the Secretary shall determine a process to allow institutions that enroll fewer than 1,000 students to partner with another institution of higher education in their region or State to provide the services described in this paragraph while ensuring that students continue to have adequate access to a sexual and interpersonal violence coordinator. (M) The institution shall not discipline, penalize, or otherwise retaliate against an individual who reports, in good faith, domestic violence, dating violence, sexual assault, sexual harassment, or stalking to the sexual and interpersonal violence coordinator. (N) Each employee of an institution who receives a report of domestic violence, dating violence, sexual assault, sexual harassment, or stalking shall notify the reporting individual of the existence of, contact information for, and services provided by sexual and interpersonal violence coordinator of the institution. (2) Information on the institution’s website The institution shall list on its website— (A) the name and contact information for the sexual and interpersonal violence coordinator; (B) reporting options, including confidential options, for complainants of domestic violence, dating violence, sexual assault, sexual harassment, or stalking; (C) the process of investigation and disciplinary proceedings of the institution; (D) the process of investigation and adjudication of the criminal justice system; (E) potential reasonable accommodations that the institution may provide to a complainant, as described in paragraph (1)(G); (F) the telephone number and website address for a local, State, or national hotline providing information to complainants (which shall be clearly communicated on the website and shall be updated on a timely basis); (G) the name and location of the nearest medical facility where an individual may have a medical forensic examination administered by a trained sexual assault forensic nurse, including information on transportation options and available reimbursement for a visit to such facility; (H) the institution’s amnesty and retaliation policies; and (I) a list of local rape crisis centers, victim advocacy centers, sexual assault response teams, title IX offices, or similar groups that are based on or near campus and can reasonably be expected to act as a resource for the student. (3) Online reporting The institution may provide an online reporting system to collect anonymous disclosures of crimes and track patterns of crime on campus. An individual may submit an anonymous report, if they choose to do so, about a specific crime to the institution using the online reporting system, but the institution is only obligated to investigate a specific crime if an individual decides to report the crime to a higher education responsible employee or law enforcement. If the institution uses an online reporting system, the online system shall also include information about how to report a crime to a higher education responsible employee and to law enforcement and how to contact a sexual and interpersonal violence coordinator and any other appropriate on- or off-campus resource. (4) Amnesty policy (A) In general The institution shall provide an amnesty policy for any student who reports, in good faith, domestic violence, dating violence, sexual assault, sexual harassment, or stalking to an institution official, such that the reporting student will not be sanctioned by the institution for a student conduct violation related to alcohol use or drug use that is revealed in the course of such a report and that occurred at or near the time of the commission of the domestic violence, dating violence, sexual assault, sexual harassment, or stalking. (B) Good faith A determination of whether a report is made in good faith— (i) shall be made in accordance with regulations established by the Secretary through a negotiated rulemaking process; and (ii) shall not include a presumptive finding that a student did not act in good faith based solely on the institution not initiating a disciplinary proceeding based on the student's report. (C) No preemption The requirement under subparagraph (A) shall not preempt the ability of an institution of higher education to establish an amnesty policy for student conduct violations not mentioned in this provision. (D) Provision of information The institution shall provide information about the amnesty policy of the institution on the website of the institution. (5) Training (A) In general Not later than 1 year after the date of enactment of the Campus Accountability and Safety Act, the Secretary, in coordination with the Attorney General and in consultation with national, State, or local victim services organizations and institutions of higher education, shall develop a training program, which may include online training modules, for training— (i) each individual who is involved in implementing an institution of higher education’s student grievance procedures, including each individual who is responsible for resolving complaints of reported domestic violence, dating violence, sexual assault, sexual harassment, or stalking; and (ii) each employee of an institution of higher education who has responsibility for conducting an interview with a complainant of domestic violence, dating violence, sexual assault, sexual harassment, or stalking. (B) Contents Such training shall include— (i) information on working with and interviewing persons subjected to domestic violence, dating violence, sexual assault, sexual harassment, or stalking; (ii) information on particular types of conduct that would constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking, regardless of gender, including same-sex incidents of domestic violence, dating violence, sexual assault, sexual harassment, or stalking; (iii) information on consent and what factors, including power dynamics, may impact whether consent is voluntarily given, including the ways drugs or alcohol may affect an individual’s ability to consent and information on consent for victims with disabilities or victims who may be neurodivergent; (iv) the effects of trauma, including the neurobiology of trauma; (v) training regarding the use of victim-centered, trauma-informed interview techniques; (vi) cultural awareness training regarding how domestic violence, dating violence, sexual assault, sexual harassment, and stalking may impact students differently depending on their cultural background; (vii) information on cultural competence that addresses the needs of underserved populations (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )) in the campus community; and (viii) information on sexual assault dynamics, sexual assault perpetrator behavior, and barriers to reporting. (C) Institutional training Each institution of higher education shall ensure that the individuals and employees described in subparagraph (A) receive the training described in this paragraph not later than the July 15 that is 1 year after the date that the training program has been developed by the Secretary in accordance with subparagraph (A). (6) Uniform campus-wide process for student disciplinary proceeding relating to claim of domestic violence, dating violence, sexual assault, sexual harassment, or stalking Each institution of higher education that receives funds under this Act— (A) shall establish and carry out a uniform process (for each campus of the institution) for student disciplinary proceedings relating to any claims of domestic violence, dating violence, sexual assault, sexual harassment, or stalking against a student who attends the institution; (B) shall not carry out a different disciplinary process on the same campus for domestic violence, dating violence, sexual assault, sexual harassment, or stalking, or alter the uniform process described in subparagraph (A), based on the status or characteristics of a student who will be involved in that disciplinary proceeding, including characteristics such as a student’s membership on an athletic team, academic major, or any other characteristic or status of a student; and (C) may not, as a condition of student participation in a disciplinary proceeding— (i) automatically notify a law enforcement agency of— (I) a receipt of a report of domestic violence, dating violence, sexual assault, sexual harassment, or stalking; or (II) the initiation of a campus disciplinary proceeding; or (ii) require cooperation with a law enforcement agency. (7) Information about the title IX coordinator The institution shall submit, annually, to the Office for Civil Rights of the Department of Education and the Civil Rights Division of the Department of Justice, the name and contact information for the title IX coordinator, including a brief description of the coordinator’s role and the roles of other officials who may be contacted to discuss or report domestic violence, dating violence, sexual assault, sexual harassment, or stalking, and documentation of training received by the title IX coordinator. The educational institution shall provide updated information to the Office for Civil Rights of the Department of Education and the Civil Rights Division of the Department of Justice not later than 30 days after the date of any change. (8) Written notice of institutional disciplinary process The institution shall provide both the complainant and respondent with written notice of the institution’s decision to proceed with an institutional disciplinary process regarding an allegation of domestic violence, dating violence, sexual assault, sexual harassment, or stalking within 24 hours of such decision, and sufficiently in advance of a disciplinary hearing to provide both the complainant and respondent with the opportunity to meaningfully exercise their rights to a proceeding that is prompt, fair, and impartial, which shall include the opportunity for both parties to present witnesses and other evidence, and any other due process rights afforded to them under institutional policy. The written notice shall include the following: (A) The existence of a complaint, the nature of the conduct upon which the complaint is based, and the date on which the alleged incident occurred. (B) A description of the process for the disciplinary proceeding, including the estimated timeline from initiation to final disposition. (C) A description of the rights and protections available to the complainant and respondent, including those described in section 485(f)(8)(B)(iv) and any other rights or protections that the complainant and respondent may have under the institution’s policies. (D) A copy of the institution’s applicable policies, and, if available, related published informational materials. (E) Name and contact information for an individual at the institution, who is independent of the disciplinary process, to whom the complainant and respondent can submit questions about any of the information described in the written notice of the institutional disciplinary process. (c) Penalties (1) Penalty relating to sexual and interpersonal violence coordinators The Secretary may impose a civil penalty of not more than 1 percent of an institution’s operating budget, as defined by the Secretary, for each year that the institution fails to carry out the requirements of such paragraph following the effective date described in section 4(b)(1) of the Campus Accountability and Safety Act. (2) Other provisions The Secretary may impose a civil penalty of not more than 1 percent of an institution’s operating budget, as defined by the Secretary, for each year that the institution fails to carry out the requirements of such paragraphs following the effective date described in section 4(b)(2) of the Campus Accountability and Safety Act. (3) Voluntary resolution Notwithstanding any other provision of this section, the Secretary may enter into a voluntary resolution with an institution of higher education that is subject to a penalty under this subsection. (4) Adjustment to penalties Any civil penalty under this subsection may be reduced by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the Secretary of Education shall consider the appropriateness of the penalty to the size of the operating budget of the educational institution subject to the determination, the gravity of the violation or failure, and whether the violation or failure was committed intentionally, negligently, or otherwise. . (b) Effective dates (1) Sexual and interpersonal violence coordinator Paragraph (1) of section 125(b) of the Higher Education Act of 1965, as added by subsection (a), shall take effect on the date that is the earlier of— (A) 1 year after the Secretary of Education determines through a negotiated rulemaking process what an adequate number of sexual and interpersonal violence coordinators is for an institution based on an institution’s size; or (B) 3 years after the date of enactment of this Act. (2) Other provisions Paragraphs (2) through (8) of section 125(b) of the Higher Education Act of 1965, as added by subsection (a), shall take effect on the date that is 1 year after the date of enactment of this Act. (c) Negotiated rulemaking The Secretary of Education shall establish regulations to carry out the provisions of this section, and the amendment made by this section, in accordance with the requirements described under section 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1098a ). 5. Grants to improve prevention and response to domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus Title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161a ) is amended by adding at the end the following: BB Grants for institutions to address and prevent domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus 899. Grants for institutions to address and prevent domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus (a) Grants authorized (1) In general The Secretary is authorized to award grants to institutions of higher education, on a competitive basis as described in paragraph (2), to enhance the ability of such institutions to address and prevent domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus. (2) Award basis The Secretary shall award grants under this section, on a competitive basis, as funds become available through the payment of penalties by institutions of higher education under section 125. (3) Prohibition; ineligible institutions (A) No reservation for administrative expenses Funds awarded under this section shall not be reserved for administrative expenses. (B) Ineligible institutions (i) Violations An institution of higher education shall not be eligible to receive a grant under this section if the institution is found by the Department of Education, at the time of application for a grant under this section, to be in violation of— (I) title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 ); and (II) section 485(f). (ii) Multiple grants An institution of higher education that has received a grant award under section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 34 U.S.C. 20125 ) in any of the previous 3 grant funding cycles shall not be eligible for a grant award under this section. (4) Preference In awarding grants under this section, the Secretary shall give preference to those institutions of higher education— (A) with the smallest endowments or the lowest tuition rates, as compared to all institutions receiving funds under this Act; or (B) that have demonstrated a strong commitment to prioritizing the prevention of domestic violence, dating violence, sexual assault, sexual harassment, and stalking on their campuses, which may be demonstrated by providing documentation of actions by the administration of such institution such as— (i) establishing a working group on campus that includes the participation of administration officials and students to analyze and strategize improvements to the way the institution prevents and responds to domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus; (ii) organizing a series of listening sessions on campus to gather feedback and ideas from the campus community on how to improve the way the institution prevents and responds to domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus; (iii) hosting a conference that brings together academic researchers to present and share ideas and research regarding domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus; or (iv) other documented efforts beyond the requirements of Federal or State law that the administration of the institution of higher education has initiated in order to better understand the prevalence of domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus and analyze and improve how the institution of higher education responds to such incidents. (5) Amount of grants The Secretary, through the Assistant Secretary of the Office for Civil Rights, shall award the grants under this section in an amount of not more than $500,000 for each institution of higher education. (6) Equitable participation The Secretary shall make every effort to ensure— (A) the equitable participation of private and public institutions of higher education in the activities assisted under this section; (B) the equitable geographic distribution of grants under this section among the various regions of the United States; and (C) the equitable distribution of grants under this section to Tribal Colleges or Universities (as defined under section 316(b)) and historically Black colleges or universities. (7) Duration The Secretary shall award each grant under this section for a period of not more than 5 years. (b) Use of grant funds (1) Mandatory uses Grant funds awarded under this section shall be used to research best practices for preventing and responding to domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus and to disseminate such research to peer institutions and the Department. Such research may include a focus on one or more of the following purposes: (A) Strengthening strategies to combat domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus. (B) Strengthening victim services for incidents involving domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus, which may involve partnerships with community-based victim services agencies. (C) Strengthening prevention education and awareness programs on campus regarding domestic violence, dating violence, sexual assault, sexual harassment, and stalking. (2) Permissive uses Grant funds awarded under this section may be used for one or more of the following purposes: (A) Evaluating and determining the effectiveness of victim services and education programs in reaching all populations that may be subject to domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus. (B) Training campus administrators, campus security personnel, and personnel serving on campus disciplinary boards on campus policies, protocols, and services to respond to domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus, which shall include instruction on victim-centered, trauma-informed interview techniques and information on the neurobiological effects of trauma and stress on memory. (C) Developing, expanding, or strengthening victim services programs and population specific services on the campus of the institution, including programs providing legal, medical, or psychological counseling for victims of domestic violence, dating violence, sexual assault, sexual harassment, and stalking, and to improve delivery of victim assistance on campus, including through the services of the sexual and interpersonal violence coordinator (as described in section 125(b)). (D) Developing or adapting and providing developmentally and culturally appropriate and linguistically accessible print or electronic materials regarding campus policies, protocols, and services related to the prevention of and response to domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus. (E) Developing and implementing prevention education and awareness programs on campus regarding domestic violence, dating violence, sexual assault, sexual harassment, and stalking. (c) Applications (1) In general In order to be eligible for a grant under this section for any fiscal year, an institution of higher education shall submit an application to the Secretary at such time and in such manner as the Secretary shall prescribe. (2) Contents Each application submitted under paragraph (1) shall— (A) describe the need for grant funds and the plan for implementation for any of the activities described in subsection (b); (B) describe the characteristics of the population being served, including type of campus, demographics of the population, and number of students; (C) describe how underserved populations (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )) in the campus community will be adequately served, including the provision of relevant population specific services; (D) provide measurable goals and expected results from the use of the grant funds; (E) provide assurances that the Federal funds made available under this section shall be used to supplement and, to the extent practical, increase the level of funds that would, in the absence of Federal funds, be made available by the institution or organization for the activities described in subsection (b); and (F) include such other information and assurances as the Secretary reasonably determines to be necessary. (d) Reports (1) Grantee reporting (A) Annual report Each institution of higher education receiving a grant under this section shall submit a performance report to the Secretary beginning 1 year after receiving the grant and annually thereafter. The Secretary shall suspend funding under this section for an institution of higher education if the institution fails to submit such a report. (B) Final report Upon completion of the grant period under this section, the grantee institution shall file a final performance report with the Secretary explaining the activities carried out under this section together with an assessment of the effectiveness of the activities described in subsection (b). (2) Report to congress Not later than 180 days after the end of the grant period under this section, the Secretary shall submit to Congress a report that includes— (A) the number of grants, and the amount of funds, distributed under this section; (B) a summary of the activities carried out using grant funds and an evaluation of the progress made under the grant; and (C) an evaluation of the effectiveness of programs funded under this section. . 6. GAO report The Comptroller General of the United States shall— (1) conduct a study on the effectiveness and efficiency of the grants to improve prevention and response to domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus under section 899 of the Higher Education Act of 1965, as added by section 5 of this Act; and (2) submit a report, not later than 2 years after the date of enactment of this Act, on the study described in paragraph (1), to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s5047is/xml/BILLS-117s5047is.xml |
117-s-5048 | II 117th CONGRESS 2d Session S. 5048 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Cortez Masto (for herself, Mr. Wyden , and Mr. Schatz ) 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 treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes.
1. Short title This Act may be cited as the Native American Tax Parity and Relief Act of 2022 . 2. Findings The Congress finds the following: (1) There is a unique Federal legal and political relationship between the United States and Indian tribes. (2) Indian tribes have the responsibility and authority to provide governmental programs and services to tribal citizens, develop tribal economies, and build community infrastructure to ensure that Indian reservation lands serve as livable, permanent homes. (3) The United States Constitution, United States Federal Court decisions, Executive orders, and numerous other Federal laws and regulations recognize that Indian tribes are governments, retaining the inherent authority to tax and operate as other governments, including (inter alia) financing projects with government bonds and maintaining eligibility for general tax exemptions via their government status. (4) Codifying tax parity with respect to tribal governments is consistent with Federal treaties recognizing the sovereignty of tribal governments. (5) Indian tribes face historic disadvantages in accessing the underlying capital to build the necessary infrastructure for job creation, and certain statutory restrictions on tribal governance further inhibit tribes’ ability to develop strong governance and economies. (6) Indian tribes are sometimes excluded from the Internal Revenue Code of 1986 in key provisions which results in unfair tax treatment for tribal citizens or unequal enforcement authority for tribal enforcement agencies. (7) Congress is vested with the authority to regulate commerce with Indian tribes, and hereby exercises that authority in a manner which furthers tribal self-governance, and in doing so, further affirms the United States government-to-government relationship with Indian tribes. 3. Treatment of Indian Tribes as States with respect to bond issuance (a) In general Section 7871(c) of the Internal Revenue Code of 1986 is amended to read as follows: (c) Special rules for tax-Exempt bonds (1) In general In applying section 146 to bonds issued by Indian Tribal Governments the Secretary shall annually— (A) establish a national bond volume cap based on the greater of— (i) the State population formula approach in section 146(d)(1)(A) (using national Tribal population estimates supplied annually by the Department of the Interior in consultation with the Census Bureau), and (ii) the minimum State ceiling amount in section 146(d)(1)(B) (as adjusted in accordance with the cost of living provision in section 146(d)(2)), and (B) under regulations prescribed by the Secretary, allocate such national bond volume cap among all Indian Tribal Governments seeking such an allocation in a particular year. (2) Application of geographic restriction In the case of national bond volume cap allocated under paragraph (1), section 146(k)(1) shall not apply to the extent that such cap is used with respect to financing for a facility located on qualified Indian lands. (3) Restriction on financing of certain gaming facilities No portion of the volume cap allocated under this subsection may be used with respect to the financing of any portion of a building in which class II or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act) is conducted or housed or any property actually used in the conduct of such gaming. (4) Definitions and special rules For purposes of this subsection— (A) Indian Tribal government The term Indian Tribal Government means the governing body of an Indian Tribe, band, nation, or other organized group or community, or of Alaska Natives, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and also includes any agencies, instrumentalities or political subdivisions thereof. (B) Intertribal consortiums, etc In any case in which an Indian Tribal Government has authorized an intertribal consortium, a Tribal organization, or an Alaska Native regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act, to plan for, coordinate or otherwise administer services, finances, functions, or activities on its behalf under this subsection, the authorized entity shall have the rights and responsibilities of the authorizing Indian Tribal Government only to the extent provided in the Authorizing resolution. (C) Qualified indian lands The term qualified Indian lands shall mean an Indian reservation as defined in section 3(d) of the Indian Financing Act of 1974 ( 25 U.S.C. 1452(d) ), including lands which are within the jurisdictional area of an Oklahoma Indian Tribe (as determined by the Secretary of the Interior) and shall include lands outside a reservation where the facility is to be placed in service in connection with— (i) the active conduct of a trade or business by an Indian Tribe on, contiguous to, within reasonable proximity of, or with a substantial connection to, an Indian reservation or Alaska Native village, or (ii) infrastructure (including roads, power lines, water systems, railroad spurs, and communication facilities) serving an Indian reservation or Alaska Native village. . (b) Conforming amendment Subparagraph (B) of section 45(c)(9) of the Internal Revenue Code of 1986 is amended to read as follows: (B) Indian tribe For purposes of this paragraph, the term Indian tribe means any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. . (c) Effective date The amendments made by this section shall apply to obligations issued in calendar years beginning after the date of the enactment of this Act. 4. Treatment of tribal foundations and charities like charities funded and controlled by other governmental funders and sponsors (a) In general Section 170(b)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following subparagraph: (I) Treatment of charities substantially funded by Indian tribal governments For purposes of subparagraph (A)(vi), the term governmental unit includes an Indian tribal government, an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing. . (b) Certain supporting organizations Section 509(a) of such Code is amended by adding at the end the following: For purposes of paragraph (3), an organization described in paragraph (2) shall be deemed to include an Indian tribal government, an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 5. Improving effectiveness of tribal child support enforcement agencies by parity of access to the Federal parent locator service and Federal tax refund offsets (a) Access to federal parent locator service Section 453(c) of the Social Security Act ( 42 U.S.C. 653(c) ) is amended— (1) by striking and at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ; and ; and (3) by adding at the end the following: (6) the child support enforcement agency of an Indian tribe or tribal organization that is eligible for a grant under section 455(f). . (b) Improving the collection of past-Due child support from federal tax refunds (1) Amendment to the social security act Section 464 of the Social Security Act ( 42 U.S.C. 664 ) is amended by adding at the end the following: (d) Applicability to indian tribes and tribal organizations eligible for a grant under this part This section, except for the requirement to distribute amounts in accordance with section 457, shall apply to an Indian tribe or tribal organization eligible for a grant under section 455(f) in the same manner in which this section applies to a State with a plan approved under this part. . (2) Amendment to the internal revenue code Subsection (c) of section 6402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: For purposes of this subsection, any reference to a State shall include a reference to any Indian tribe or tribal organization described in section 464(d) of the Social Security Act. . 6. Recognizing indian tribal governments for purposes of determining under the adoption credit whether a child has special needs (a) In general Section 23(d)(3) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (A), by inserting or Indian tribal government after a State ; and (2) in subparagraph (B), by inserting or Indian tribal government after such State . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 7. Inclusion of Indian areas as difficult development areas for purposes of certain buildings (a) In general Subclause (I) of section 42(d)(5)(B)(iii) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: , and any Indian area . (b) Indian area Clause (iii) of section 42(d)(5)(B) of the Internal Revenue Code of 1986 is amended by redesignating subclause (II) as subclause (IV) and by inserting after subclause (I) the following new subclauses: (II) Indian area For purposes of subclause (I), the term Indian area means any Indian area (as defined in section 4(11) of the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4103(11) )). (III) Special rule for buildings in Indian areas In the case of an area which is a difficult development area solely because it is an Indian area, a building shall not be treated as located in such area unless such building is assisted or financed under the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) or the project sponsor is an Indian tribe (as defined in section 45A(c)(6)), a tribally designated housing entity (as defined in section 4(22) of such Act ( 25 U.S.C. 4103(22) )), or wholly owned or controlled by such an Indian tribe or tribally designated housing entity. . (c) Effective date The amendments made by this section shall apply to buildings placed in service after December 31, 2021. 8. Indian employment tax credit (a) Extension Section 45A of the Internal Revenue Code of 1986 is amended by striking subsection (f). (b) Modification of determination of amount of credit Paragraph (2) of section 45A(a) of the Internal Revenue Code of 1986 is amended to read as follows: (2) the quotient of— (A) the sum of the qualified wages and qualified employee health insurance costs which were paid or incurred by the employer (or any predecessor) during the two most recent calendar years ending before the beginning of such taxable year, divided by (B) 2. . (c) Increased limitation Section 45A(b)(3) of the Internal Revenue Code of 1986 is amended by striking $20,000 and inserting $30,000 . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 9. New markets tax credit for tribal statistical areas (a) Additional allocations for tribal statistical areas Section 45D(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Additional allocations for tribal statistical areas (A) In general In the case of each calendar year after 2021, there is (in addition to any limitation under any other paragraph of this subsection) a new markets tax credit limitation of $175,000,000 which shall be allocated by the Secretary as provided in paragraph (2) except that such limitation may only be allocated with respect to Tribal Statistical Areas. (B) Carryover of unused tribal statistical area limitation (i) In general If the credit limitation under subparagraph (A) for any calendar year exceeds the amount of such limitation allocated by the Secretary for such calendar year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. (ii) Limitation on carryover No amount of credit limitation may be carried under clause (i) past the 5th calendar year following the calendar year in which such amount of credit limitation arose. (iii) Transfer of expired tribal statistical area limitation to general limitation In the case of any amount of credit limitation which would (but for clause (ii)) be carried under clause (i) to the 6th calendar year following the calendar year in which such amount of credit limitation arose, the new market tax credit limitation under paragraph (1) for such 6th calendar year shall be increased by the amount of such credit limitation. (C) Tribal Statistical Area For purposes of this paragraph, the term Tribal Statistical Area means— (i) any low-income community which is located in any Tribal Census Tract, Oklahoma Tribal Statistical Area, Tribal-Designated Statistical Area, Alaska Native Village Statistical Area, or Hawaiian Home Land, and (ii) any low-income community described in subsection (e)(1)(B). . (b) Eligibility of certain businesses serving tribal members Section 45D(e)(1) of the Internal Revenue Code of 1986 is amended to read as follows: (1) In general The term low-income community means any area— (A) comprising a population census tract if— (i) the poverty rate for such tract is at least 20 percent, or (ii) (I) in the case of a tract not located within a metropolitan area, the median family income for such tract does not exceed 80 percent of statewide median family income, or (II) in the case of a tract located within a metropolitan area, the median family income for such tract does not exceed 80 percent of the greater of statewide median family income or the metropolitan area median family income, or (B) which is used for a qualified active low-income community business which— (i) services a significant population of Tribal or Alaska Native Village members who are residents of a low-income community described in subsection (f)(5)(C)(i), and (ii) obtains a written statement from the relevant Indian Tribal Government (within the meaning of section 7871(c)) that documents the eligibility of such qualified active low-income community business with respect to the requirement of clause (i). Subparagraph (A)(ii) shall be applied using possession wide median family income in the case of census tracts located within a possession of the United States. . (c) Regulatory authority Section 45D(i) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting , and , and by adding at the end the following new paragraph: (7) which provide documentation requirements for the written statement required under subsection (e)(1)(B)(ii), and (8) which provide procedures for identifying qualified low-income community businesses which meet the requirements of subsection (e)(1)(B)(i) (taking into account the location need of such businesses, especially with businesses that serve multiple tribal or Alaska Native Village communities. . (d) Effective date The amendments made by this section shall apply to new markets tax credit limitation determined for calendar years after December 31, 2021. 10. Tribal general welfare programs clarification (a) In general Section 1612(b) of the Social Security Act ( 42 U.S.C. 1382a(b) ) is amended by striking ; and at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ; and , and by adding at the end the following new paragraph: (27) any Indian general welfare benefit (as defined in section 139E of the Internal Revenue Code of 1986). . (b) Exclusion from resources Section 1613(a) of the Social Security Act ( 42 U.S.C. 1382b(a) ) is amended by striking ; and at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ; and , and by inserting after paragraph (17) the following new paragraph: (18) for the 9-month period beginning after the month in which received, any Indian general welfare benefit (within the meaning of section 139E of the Internal Revenue Code of 1986). . | https://www.govinfo.gov/content/pkg/BILLS-117s5048is/xml/BILLS-117s5048is.xml |
117-s-5049 | II 117th CONGRESS 2d Session S. 5049 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Moran introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Financial Institutions Examination Council Act of 1978 to improve the examination of depository institutions, and for other purposes.
1. Short title This Act may be cited as the Financial Institutions Examination Fairness and Reform Act . 2. Timeliness of examination reports The Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3301 et seq. ) is amended by adding at the end the following: 1012. Timeliness of examination reports (a) In general (1) Final examination report A Federal financial institutions regulatory agency shall provide a final examination report to a financial institution not later than 60 days after the later of— (A) the exit interview for an examination of the institution; or (B) the provision of additional information by the institution relating to the examination. (2) Exit interview If a financial institution is not subject to a resident examiner program, the exit interview shall occur not later than the end of the 9-month period beginning on the commencement of the examination, except that such period may be extended by the Federal financial institutions regulatory agency by providing written notice to the institution and the Director describing with particularity the reasons that a longer period is needed to complete the examination. (b) Examination materials Upon the request of a financial institution, the Federal financial institutions regulatory agency shall include with the final report an appendix listing all examination or other factual information relied upon by the agency in support of a material supervisory determination. . 3. Independent examination review Director (a) In general The Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3301 et seq. ), as amended by section 2 of this Act, is further amended by adding at the end the following: 1013. Office of independent examination review (a) Establishment There is established in the Council an Office of Independent Examination Review. (b) Head of office There is established the position of the Independent Examination Review Director, as the head of the Office of Independent Examination Review. The Director shall be appointed by the Federal Financial Institutions Examination Council. (c) Staffing The Director is authorized to hire staff to support the activities of the Office of Independent Examination Review. (d) Duties The Director shall— (1) receive and, at the discretion of the Director, investigate complaints from financial institutions, their representatives, or another entity acting on behalf of such institutions, concerning examinations, examination practices, or examination reports; (2) hold meetings, at least once every three months and in locations designed to encourage participation from all sections of the United States, with financial institutions, their representatives, or another entity acting on behalf of such institutions, to discuss examination procedures, examination practices, or examination policies; (3) review examination procedures of the Federal financial institutions regulatory agencies to ensure that the written examination policies of those agencies are being followed in practice and adhere to the standards for consistency established by the Council; (4) conduct a continuing and regular program of examination quality assurance for all examination types conducted by the Federal financial institutions regulatory agencies; (5) adjudicate any supervisory appeal initiated under section 1014; and (6) report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Council, on the reviews carried out pursuant to paragraphs (3) and (4), including compliance with the requirements set forth in section 1012 regarding timeliness of examination reports, and the Council’s recommendations for improvements in examination procedures, practices, and policies. (e) Confidentiality The Director shall keep confidential all meetings, discussions, and information provided by financial institutions. . (b) Definition Section 1003 of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3302 ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by adding and at the end; and (3) by adding at the end the following: (4) the term Director means the Independent Examination Review Director established under section 1013(a) and (b). . 4. Right to independent review of material supervisory determinations The Federal Financial Institutions Examination Council Act of 1978, as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: 1014. Right to independent review of material supervisory determinations (a) In general A financial institution shall have the right to obtain an independent review of a material supervisory determination contained in a final report of examination. (b) Notice (1) Timing A financial institution seeking review of a material supervisory determination under this section shall file a written notice with the Director within 60 days after receiving the final report of examination that is the subject of such review. (2) Identification of determination The written notice shall identify the material supervisory determination that is the subject of the independent examination review, and a statement of the reasons why the institution believes that the determination is incorrect or should otherwise be modified. (3) Information to be provided to institution Any information relied upon by the agency in the final report that is not in the possession of the financial institution may be requested by the financial institution and shall be delivered promptly by the agency to the financial institution. (c) Right to hearing (1) In general The Director shall— (A) determine the merits of the appeal on the record; or (B) at the election of the financial institution, refer the appeal to an administrative law judge to conduct a hearing pursuant to the procedures set forth under sections 556 and 557 of title 5, United States Code, which shall take place not later than 60 days after the petition for review is received by the Director. (2) Timing of decision An administrative law judge conducting a hearing under paragraph (1)(B) shall issue a proposed decision to the Director based upon the record established at the hearing. (3) Standard of review In any hearing under this subsection— (A) neither the administrative law judge nor the Director shall defer to the opinions of the examiner or agency, but shall independently determine the appropriateness of the agency’s decision based upon the relevant statutes, regulations, other appropriate guidance, and evidence presented at the hearing. (d) Final decision A decision by the Director on an independent review under this section shall— (1) be made not later than 60 days after the record has been closed; and (2) be deemed final agency action and shall bind the agency whose supervisory determination was the subject of the review and the financial institution requesting the review. (e) Right to judicial review A financial institution shall have the right to petition for review of the decision of the Director under this section by filing a petition for review not later than 60 days after the date on which the decision is made in the United States Court of Appeals for the District of Columbia Circuit or the Circuit in which the financial institution is located. (f) Report The Director shall report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate on actions taken under this section, including the types of issues that the Director has reviewed and the results of those reviews. In no case shall such a report contain information about individual financial institutions or any confidential or privileged information shared by financial institutions. (g) Retaliation prohibited A Federal financial institutions regulatory agency may not— (1) retaliate against a financial institution, including service providers, or any institution-affiliated party, for exercising appellate rights under this section; or (2) delay or deny any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this section is pending under this section. . 5. Additional amendments (a) Regulator appeals process, ombudsman, and alternative dispute resolution (1) In general Section 309 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4806 ) is amended— (A) in subsection (a), by inserting after appropriate Federal banking agency the following: , the Bureau of Consumer Financial Protection, ; (B) in subsection (b)— (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B) and indenting appropriately; (ii) in the matter preceding subparagraph (A) (as redesignated), by striking In establishing and inserting (1) In general .—In establishing ; (iii) in paragraph (1)(B) (as redesignated), by striking the appellant from retaliation by agency examiners and inserting the insured depository institution or insured credit union from retaliation by an agency referred to in subsection (a) ; and (iv) by adding at the end the following: (2) Retaliation For purposes of this subsection and subsection (e), retaliation includes delaying consideration of, or withholding approval of, any request, notice, or application that otherwise would have been approved, but for the exercise of the institution’s or credit union’s rights under this section. ; (C) in subsection (e)(2)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (D) ensure that appropriate safeguards exist for protecting the insured depository institution or insured credit union from retaliation by any agency referred to in subsection (a) for exercising its rights under this subsection. ; and (D) in subsection (f)(1)(A)— (i) in clause (ii), by striking ; and and inserting a semicolon; (ii) in clause (iii), by striking ; and and inserting a semicolon; and (iii) by adding at the end the following: (iv) any issue specifically listed in an exam report as a matter requiring attention by the institution’s management or board of directors; and (v) any suspension or removal of an institution’s status as eligible for expedited processing of applications, requests, notices, or filings on the grounds of a supervisory or compliance concern, regardless of whether that concern has been cited as a basis for a material supervisory determination or matter requiring attention in an examination report, provided that the conduct at issue did not involve violation of any criminal law; and . (2) Effect Nothing in this subsection affects the authority of an appropriate Federal banking agency or the National Credit Union Administration Board to take enforcement or other supervisory action. (b) Federal Credit Union Act Section 205(j) of the Federal Credit Union Act ( 12 U.S.C. 1785(j) ) is amended by inserting the Bureau of Consumer Financial Protection, before the Administration each place that term appears. (c) Federal Financial Institutions Examination Council Act The Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3301 et seq. ), as amended by sections 2 through 4 of this Act, is further amended— (1) in section 1003 ( 12 U.S.C. 3302 ) by striking paragraph (1) and inserting the following: (1) the term Federal financial institutions regulatory agencies — (A) means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the National Credit Union Administration; and (B) includes the Bureau of Consumer Financial Protection for purposes of sections 1012 through 1014; ; and (2) in section 1005 ( 12 U.S.C. 3304 ), by striking One-fifth and inserting One-fourth . | https://www.govinfo.gov/content/pkg/BILLS-117s5049is/xml/BILLS-117s5049is.xml |
117-s-5050 | II 117th CONGRESS 2d Session S. 5050 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To impose sanctions on certain foreign flash memory integrated circuit companies that threaten the interests of the United States.
1. Short title This Act may be cited as the Defending Memory Chip Supply Chains from the Chinese Communist Party Act . 2. Imposition of sanctions on certain foreign entities (a) In general (1) Asset blocking On and after the date that is 30 days after the date of the enactment of this Act, the President shall exercise all the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all significant transactions in property and interests in property of an entity described in subsection (b), if such property and interests in are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Determination of significance For the purposes of this subsection, in determining if transactions are significant, the President may consider the totality of the facts and circumstances, including the factors set forth in section 561.404 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (3) Rule of construction For purposes of this section, participation in an international standards-setting organization or in the activities of such an organization may not be construed to be transactions. (b) Entities affiliated with a country of concern described An entity is described in this subsection if the entity is— (1) Yangtze Memory Technologies Corporation (YMTC), any of its subsidiaries, or any company in which YMTC or its subsidiaries own at least 5 percent; or (2) an entity— (A) that is engaged in the production of flash memory integrated circuits of at least 128 layers; and (B) (i) that receives or has received subsidies or investments from any national, provincial, county, municipal, or other government, quasi-government, or party body of a country of concern, including the Chinese Communist Party; (ii) that has links to the sale, transfer, or research and development of technology for the Armed Forces of a country of concern, including the People’s Liberation Army; (iii) that is directly or indirectly owned or controlled by the government or ruling party of a country of concern or by another entity described in this subsection; (iv) five percent or more of the outstanding voting stock or shares of which are owned, controlled, or held by the government or ruling party of a country of concern or by another entity described in this subsection; (v) that is subject to substantial influence from either a country of concern or another entity described in this subsection; (vi) that is domiciled in a country of concern and shares with another entity described in this subsection an employee in a position of material decisionmaking authority; (vii) that is part of another entity that is headquartered in a country of concern, including a subsidiary, a holding company, a contract affiliate, or a variable interest entity; or (viii) that is otherwise substantially influenced by a national of a country of concern or by another entity domiciled in the country of concern. (c) Exceptions (1) Intelligence activities Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception relating to importation of goods (A) In general The authorities and requirements to impose sanctions authorized under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (d) Waiver The President may waive the application of sanctions under this section with respect to a foreign person for renewable periods of not more than 30 days each if the President determines and reports to Congress that such a waiver is vital to the national security interests of the United States. (e) Implementation; penalties (1) Implementation The President shall exercise the authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (f) Definitions (1) In general In this section: (A) Country of concern The term country of concern — (i) has the meaning given the term foreign adversary in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c)(2) ); and (ii) includes the People’s Republic of China, Russia, Iran, North Korea, Cuba, and Venezuela. (B) United states person The term United States person means— (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. (g) Severability If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. | https://www.govinfo.gov/content/pkg/BILLS-117s5050is/xml/BILLS-117s5050is.xml |
117-s-5051 | II 117th CONGRESS 2d Session S. 5051 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Hassan (for herself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title IV of the Social Security Act to expand foster parent training and authorize new appropriations to support the obtainment of a driver’s license.
1. Short title This Act may be cited as the Foster Youth and Driving Act . 2. Foster parent training related to preparing a child to drive Section 471(a)(24) of the Social Security Act ( 42 U.S.C. 671(a)(24) ) is amended— (1) by striking and knowledge and skills and inserting knowledge and skills ; and (2) by inserting before the semicolon at the end the following: and, when appropriate to the age or other circumstance of the child, knowledge and skills related to preparing the child to drive, including assuring opportunity for practice driving hours and assistance in obtaining a driver’s license and automotive insurance and in applying as needed for driving and transportation assistance as described in section 477(k) . 3. Requirement to include a plan for driving preparation in case plan Section 475(1) of the Social Security Act ( 42 U.S.C. 675(1) ) is amended— (1) in subparagraph (G)(ii), by moving the margin for subclause (II) 2 ems to the right; and (2) by adding at the end the following: (H) A plan for assuring that the child, when appropriate to the age or other circumstance of the child, receives assistance, knowledge, and skills related to preparing to drive, including opportunity for practice driving hours and assistance in obtaining a driver’s license and automotive insurance and in applying as needed for driving and transportation assistance as described in section 477(k). . 4. Driving and transportation assistance program (a) Purpose Section 477(a) of the Social Security Act ( 42 U.S.C. 677(a) ) is amended— (1) in paragraph (6), by striking and at the end; (2) in paragraph (7), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (8) to provide driving and transportation assistance to children in foster care and certain former foster care recipients who have attained the appropriate age and circumstances to begin receiving such assistance. . (b) Driving and transportation assistance Section 477 of the Social Security Act ( 42 U.S.C. 677 ) is amended by adding at the end the following: (k) Funds for driving and transportation assistance (1) In general The following conditions shall apply to a State driving and transportation assistance program under this section: (A) Assistance under the program shall be available to youth who have experienced foster care at age 14 or older, as described in subsection (a)(1). (B) The State may allow youths participating in the assistance program on the date they attain 21 years of age to remain eligible until they attain 26 years of age, as long as the State is satisfied that they are working or enrolled in a postsecondary education or other employment training program and are making satisfactory progress toward completion of that program. (C) The assistance provided for an individual under this section— (i) may include vehicle insurance costs, driver’s education class and testing fees, practice lessons, practice hours, license fees, roadside assistance, deductible assistance, assistance in purchasing an automobile, and any other costs related to obtaining a driver’s license and driving legally in the State; and (ii) shall not exceed the lesser of $4,000 per year or the total cost of the items described in clause (i), excluding the cost of a vehicle purchased as part of the program. (D) The State shall ensure that, in the case of a youth in foster care under the age of 18 participating in the assistance program, the youth’s foster parent (if any) may authorize another adult to provide any authorization required by the State to be provided by a parent or guardian in order for such a youth to obtain a driver’s license or permit or take driving lessons. (E) The State shall work to remove barriers to obtaining a driver’s license and appropriate insurance for youth under the age of 18, such as addressing liability and insurance laws to allow minor youth to more easily obtain a license. (F) The amount of assistance under this section— (i) shall not, for purposes of the Internal Revenue Code of 1986, be includible in the gross income of the individual with respect to whom such assistance is provided, and (ii) shall be disregarded for purposes of determining such individual’s eligibility for, or the amount of, any other Federal or federally supported assistance, except that the State agency shall take appropriate steps to prevent duplication of benefits under this and other Federal or federally supported programs. (G) The State shall coordinate the program with other appropriate programs, including those described under subsection (b)(3)(F), to support current and former youth in their transition to adulthood. (H) The State shall work to streamline processes for communicating program eligibility and shall conduct public awareness efforts to ensure that foster youth are aware of the assistance available under the program. (I) The State agrees to submit such annual data to the Secretary as the Secretary may require, including data specifying the number of individuals, of those in foster care or formerly in foster care who have attained from 15 to 26 years of age, who (as appropriate to the age and other circumstances of the individual)— (i) are eligible for a driver’s license; (ii) have completed a driver’s education course; (iii) have completed driver’s training hours; (iv) have obtained a learner’s permit; (v) have obtained a driver’s license; (vi) own a vehicle or otherwise have access to a vehicle to drive; and (vii) have automotive liability insurance. (2) Report The Secretary shall annually submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the State driving and transportation assistance program under this subsection, and shall make such report publicly available. Such report shall include a compilation of the State data submitted to the Secretary under paragraph (1)(I). . (c) Certification Section 477(b)(3) of the Social Security Act ( 42 U.S.C. 677(b)(3) ) is amended by adding at the end the following: (L) A certification by the chief executive officer of the State that the State driving and transportation assistance program under this section is in compliance with the conditions specified in subsection (k)(1), including a statement describing methods the State will use— (i) to ensure that the total amount of driving and transportation assistance to a youth under this section and under other Federal and federally supported programs does not exceed the limitation specified in subsection (k)(1)(C)(ii); and (ii) to avoid duplication of benefits under this and any other Federal or federally assisted benefit program. . (d) Increased authorization of appropriations Section 477(h) of the Social Security Act ( 42 U.S.C. 677(h) ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) an additional $36,000,000, which are authorized to be available for payments to States for driving and transportation assistance in accordance with subsection (k)(1). . (e) Allotments to States Section 477(c) of the Social Security Act ( 42 U.S.C. 677(c) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Driving and transportation assistance allotment (A) In general From the amount, if any, appropriated pursuant to subsection (h)(3) for a fiscal year and remaining after the reservation described in subparagraph (B), the Secretary may allot to each State with an application approved under subsection (b) for the fiscal year an amount equal to the State foster care ratio multiplied by the amount so specified. (B) Reservations for Indian tribes and tribal organizations The Secretary shall reserve up to 3 percent of the amount appropriated each year pursuant to subsection (h)(3) for payments to Indian tribes and tribal organizations to be used in accordance with subsection (k). . (f) Discretionary grants Section 474 of the Social Security Act ( 42 U.S.C. 674 ) is amended— (1) in subsection (e)(1), by striking section 477(a)(6) and inserting section 477(a)(5) ; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following: (f) Discretionary grants for driving and transportation assistance From amounts appropriated pursuant to section 477(h)(3), the Secretary may make a grant to a State with a plan approved under this part, for a calendar quarter, in an amount equal to the lesser of— (1) 80 percent of the amounts expended by the State during the quarter to carry out programs for the purposes described in section 477(a)(8); or (2) the amount, if any, allotted to the State under section 477(c)(4)(A) for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this subsection for such purposes for all prior quarters in the fiscal year. . (g) Payments to Indian tribal organizations Section 477 of the Social Security Act ( 42 U.S.C. 677 ), as amended by subsection (b), is further amended by adding at the end the following: (l) Payments to Indian tribes and tribal organizations for driving and transportation assistance programs (1) In general An Indian tribe or tribal organization (as such terms are defined for purposes of section 428(c)) which has a plan for child welfare services approved under subpart 1 of part B of this title and which operates a foster care program may apply for an allotment out of any amounts reserved for a fiscal year under subsection (c)(4)(B) to carry out programs for the purposes described in subsection (a)(8). (2) Application An Indian tribe or tribal organization desiring an allotment under paragraph (1) of this subsection shall submit an application to the Secretary to directly receive such allotment that includes a plan which— (A) satisfies such requirements of subsections (b)(3) and (k) as the Secretary determines are appropriate in consultation with the tribe or tribal organization; (B) contains a description of the Indian tribe or tribal organization's consultation process regarding the programs to be carried out under the plan with each State in which the Indian tribe or tribal organization is located; and (C) contains an explanation of the results of such consultation, particularly with respect to— (i) determining the eligibility for driving and transportation assistance benefits and services of Indian children to be served under the programs to be carried out under the plan; and (ii) the process for consulting with the State in order to ensure the continuity of such benefits and services for such children who will transition from receiving such benefits and services under programs carried out under a State plan under subsection (b)(2) to receiving such benefits and services under programs carried out under a plan under this subsection. (3) Payments The Secretary shall pay an Indian tribe or tribal organization with an application approved under this subsection from the allotment determined for the Indian tribe or tribal organization under paragraph (4) in the same manner as is provided in section 474(f) with respect to a State, or in such other manner as is determined appropriate by the Secretary, except that in no case shall an Indian tribe or tribal organization receive a lesser proportion of such funds than a State is authorized to receive under such section. (4) Allotment From the total amount reserved for a fiscal year under subsection (c)(4)(B), the Secretary shall allot to the Indian tribes or tribal organizations with an application approved under this subsection for that fiscal year an amount based on each Indian tribe or tribal organization’s share of the total tribal child population among all such tribes and tribal organizations with an application so approved. (5) Data and evaluation The Secretary shall consult with tribes and tribal organizations to determine the tribally relevant data needed to understand how the driving and transportation assistance program helps tribal youth and if any policies would improve tribal youth access to drivers’ licenses and, to the extent practicable, the number and demographic data of tribal youth served. (6) Matching requirement In determining the amounts expended by an Indian tribe or tribal organization for purposes of section 474(f)(1), the Secretary may take into account in-kind expenditures of the Indian tribe or tribal organization. . (h) Technical assistance Section 477(g)(2) of the Social Security Act ( 42 U.S.C. 677(g)(2) ) is amended— (1) by striking the amount specified in subsection (h) and inserting each of the amounts specified in paragraphs (1) and (2) of subsection (h), and up to 5 percent of the amount specified in paragraph (3) of such subsection, ; and (2) by adding at the end the following: With respect to such reservations of amounts specified in paragraph (3) of subsection (h), the Secretary— (A) shall consider a higher reservation of funds for initial fiscal years to the extent necessary to support States in establishing a new program in each State; and (B) shall not consider an entity an appropriate entity unless the entity has demonstrated the capacity to successfully administer a State-mandated program to provide driver’s licenses to youth under the age of 18 who are in State foster care and to increase the number of such foster youth who obtain a driver’s license. . | https://www.govinfo.gov/content/pkg/BILLS-117s5051is/xml/BILLS-117s5051is.xml |
117-s-5052 | II 117th CONGRESS 2d Session S. 5052 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Kelly introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require reports, evaluations, and research by the Department of Homeland Security regarding drug interdiction along the border, and for other purposes.
1. Short title This Act may be cited as the Securing America’s Borders Against Fentanyl Act . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (B) the Committee on Homeland Security of the House of Representatives . (2) Department The term Department means the Department of Homeland Security. (3) Secretary The term Secretary means the Secretary of Homeland Security. 3. Reports, evaluations, and research regarding drug interdiction at and between ports of entry (a) Research on additional technologies To detect fentanyl (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the Centers for Disease Control and Prevention, the Drug Enforcement Administration, the Food and Drug Administration, the Defense Advanced Research Projects Agency, the Intelligence Advanced Research Projects Activity, and any other Federal agency that the Secretary deems appropriate, shall research additional technological solutions— (A) to target and detect illicit fentanyl and its precursors, including low-purity fentanyl, especially in counterfeit pressed tablets, and illicit pill press molds; (B) to enhance targeting of counterfeit pills through nonintrusive, noninvasive, and other visual screening technologies; and (C) to enhance data-driven targeting to increase interdiction and seizure rates of fentanyl, its precursors, and illicit pill press molds. (2) Authorization of appropriations There is authorized to be appropriated to the Department $20,000,000 for each of the fiscal years 2023 through 2027 to carry out this subsection. (b) Evaluation of current technologies and strategies in illicit drug interdiction and procurement decisions (1) Establishment of data collection program (A) In general The Secretary, in consultation with the Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and the Postmaster General, shall establish a program to collect available data and develop metrics to measure the effectiveness of technologies and strategies used by the Department (including U.S. Customs and Border Protection) and other relevant Federal agencies for detecting, deterring, or addressing illicit fentanyl and its precursors being trafficking into the United States at and between land, air, and sea ports of entry. (B) Considerations The data and metrics program established pursuant to subparagraph (A) may consider— (i) the rate of detection of fentanyl at random secondary inspections at such ports of entry; (ii) investigations and intelligence sharing into the origins of illicit fentanyl later detected within the United States; and (iii) other data or metrics that the Secretary considers appropriate. (C) Updates The Secretary, as appropriate and in the coordination with the officials referred to in subparagraph (A), may update the data and metrics program established pursuant to subparagraph (A). (2) Reports (A) Department of homeland security Not later than 1 year after the date of the enactment of this Act and biennially thereafter, the Secretary, in consultation with the Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and the Postmaster General shall, based on the data collected and metrics developed under the program established pursuant to paragraph (1), submit a report to the appropriate congressional committees that— (i) examines and analyzes current technologies deployed at land, air, and sea ports of entry, including pilot technologies and technologies used to inspect international mail and express cargo, to assess how well and accurately such technologies detect, deter, interdict, and address fentanyl and its precursors; (ii) examines and analyzes current technologies deployed between land ports of entry, including pilot technologies, to assess how well and accurately such technologies detect, deter, interdict, and address fentanyl and its precursors; (iii) contains a cost-benefit analysis of technologies used in drug interdiction; and (iv) describes how such analysis may be used when making procurement decisions relating to such technologies. (B) Government accountability office Not later than 1 year after the submission of each report required under subparagraph (A), the Comptroller General of the United States shall submit a report to the appropriate congressional committees that evaluates and, as appropriate, makes recommendations to improve, the data collected and metrics used in each such report. 4. Office of National Drug Control Policy performance measurement system supplemental strategies Section 706 of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1705 ) is amended— (1) in subsection (h)— (A) in paragraph (5), by striking and at the end; (B) in paragraph (6), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (7) develops performance measures and targets for the National Drug Control Strategy for supplemental strategies (including the Southwest Border, Northern Border, and Caribbean Border Counternarcotics Strategies)— (A) to effectively evaluate region-specific goals, to the extent the performance measurement system does not adequately measure the effectiveness of the strategies, as determined by the Director; and (B) may evaluate interdiction efforts at and between ports of entry, interdiction technology, intelligence sharing, diplomacy, and other appropriate metrics, specific to each supplemental strategies region, as determined by the Director. . | https://www.govinfo.gov/content/pkg/BILLS-117s5052is/xml/BILLS-117s5052is.xml |
117-s-5053 | II 117th CONGRESS 2d Session S. 5053 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Cruz (for himself and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for the meaningful participation of Taiwan in the International Civil Aviation Organization (ICAO).
1. Meaningful participation of Taiwan in the International Civil Aviation Organization (a) Sense of Congress It is the sense of Congress that— (1) the International Civil Aviation Organization (ICAO) should allow Taiwan to meaningfully participate in the organization, including in ICAO triennial assembly sessions, conferences, technical working groups, meetings, activities, and mechanisms; (2) Taiwan is a global leader and hub for international aviation, with a range of expertise, information, and resources and the fifth busiest airport in Asia (Taoyuan International Airport), and its meaningful participation in ICAO would significantly enhance the ability of ICAO to ensure the safety and security of global aviation; and (3) coercion by the Chinese Communist Party and the People’s Republic of China has ensured the systematic exclusion of Taiwan from meaningful participation in ICAO, significantly undermining the ability of ICAO to ensure the safety and security of global aviation. (b) Plan for Taiwan’s meaningful participation in the International Civil Aviation Organization The Secretary of State, in coordination with the Secretary of Commerce, is authorized— (1) to initiate a United States plan to secure Taiwan’s meaningful participation in ICAO, including in ICAO triennial assembly sessions, conferences, technical working groups, meetings, activities, and mechanisms; and (2) to instruct the United States representative to the ICAO to— (A) use the voice and vote of the United States to ensure Taiwan’s meaningful participation in ICAO, including in ICAO triennial assembly sessions, conferences, technical working groups, meetings, activities, and mechanisms; and (B) seek to secure a vote at the next ICAO triennial assembly session on the question of Taiwan’s participation in that session. (c) Report concerning Taiwan’s meaningful participation in the International Civil Aviation Organization Not later than 90 days after the date of the enactment of this Act, and not later than April 1 of each year thereafter for the following 6 years, the Secretary of State, in coordination with the Secretary of Commerce, shall submit an unclassified report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that— (1) describes the United States plan to ensure Taiwan’s meaningful participation in ICAO, including in ICAO triennial assembly sessions, conferences, technical working groups, meetings, activities, and mechanisms; (2) includes an account of the efforts made by the Secretary of State and the Secretary of Commerce to ensure Taiwan’s meaningful participation in ICAO, including in ICAO triennial assembly sessions, conferences, technical working groups, meetings, activities, and mechanisms; and (3) identifies the steps the Secretary of State and the Secretary of Commerce will take in the next year to ensure Taiwan’s meaningful participation in ICAO, including in ICAO triennial assembly sessions, conferences, technical working groups, meetings, activities, and mechanisms. | https://www.govinfo.gov/content/pkg/BILLS-117s5053is/xml/BILLS-117s5053is.xml |
117-s-5054 | II 117th CONGRESS 2d Session S. 5054 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Klobuchar (for herself, Mr. Graham , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To enhance transparency and accountability for online political advertisements by requiring those who purchase and publish such ads to disclose information about the advertisements to the public, and for other purposes.
1. Short title This Act may be cited as the Honest Ads Act . 2. Purpose The purpose of this subtitle is to enhance the integrity of American democracy and national security by improving disclosure requirements for online political advertisements in order to uphold the Supreme Court’s well-established standard that the electorate bears the right to be fully informed. 3. Findings Congress makes the following findings: (1) In 2002, the Bipartisan Campaign Reform Act of 2002 ( Public Law 107–155 ) became law, establishing disclosure requirements for political advertisements distributed from a television or radio broadcast station or provider of cable or satellite television. In 2003, the Supreme Court upheld regulations on electioneering communications established under the Act, noting that such requirements provide the electorate with information and insure that the voters are fully informed about the person or group who is speaking . The Court reaffirmed this conclusion in 2010 by an 8–1 vote. (2) In its 2006 rulemaking, the Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process, noted that 18 percent of all Americans cited the internet as their leading source of news about the 2004 Presidential election. By contrast, Gallup and the Knight Foundation found in 2020 that the majority of Americans, 58 percent, got most of their news about elections online. (3) According to a study from Borrell Associates, in 2016, $1,415,000,000 was spent on online advertising, more than quadruple the amount in 2012. (4) Effective and complete transparency for voters must include information about the true and original source of money given, transferred, and spent on political advertisements made online. (5) Requiring the disclosure of this information is a necessary and narrowly tailored means to inform the voting public of who is behind digital advertising disseminated to influence their votes and to enable the Federal Election Commission and the Department of Justice to detect and prosecute illegal foreign spending on local, State, and Federal elections and other campaign finance violations. (6) Paid advertising on large online platforms is different from advertising placed on other common media in terms of the comparatively low cost of reaching large numbers of people, the availability of sophisticated microtargeting, and the ease with which online advertisers, particularly those located outside the United States, can evade disclosure requirements. Requiring large online platforms to maintain public files of information about the online political ads they disseminate is the best and least restrictive means to ensure the voting public has complete information about who is trying to influence their votes and to aid enforcement of other laws, including the prohibition on foreign money in domestic campaigns. (7) The reach of a few large internet platforms—larger than any broadcast, satellite, or cable provider—has greatly facilitated the scope and effectiveness of disinformation campaigns. For instance, the largest platform has over 210,000,000 American users—over 160,000,000 of them on a daily basis. By contrast, the largest cable television provider has 22,430,000 subscribers, while the largest satellite television provider has 21,000,000 subscribers, and the most-watched television broadcast in United States history had 118,000,000 viewers. (8) The public nature of broadcast television, radio, and satellite ensures a level of publicity for any political advertisement. These communications are accessible to the press, fact-checkers, and political opponents. This creates strong disincentives for a candidate to disseminate materially false, inflammatory, or contradictory messages to the public. Social media platforms, in contrast, can target portions of the electorate with direct, ephemeral advertisements often on the basis of private information the platform has on individuals, enabling political advertisements that are contradictory, racially or socially inflammatory, or materially false. (9) According to comscore, 2 companies own 8 of the 10 most popular smart phone applications as of June 2017, including the most popular social media and email services which deliver information and news to users without requiring proactivity by the user. Those same 2 companies accounted for 99 percent of revenue growth from digital advertising in 2016, including 77 percent of gross spending. 79 percent of online Americans—representing 68 percent of all Americans—use the single largest social network, while 66 percent of these users are most likely to get their news from that site. (10) Large social media platforms are the only entities in possession of certain key data related to paid online ads, including the exact audience targeted by those ads and their number of impressions. Such information, which cannot be reliably disclosed by the purchasers of ads, is extremely useful for informing the electorate, guarding against corruption, and aiding in the enforcement of existing campaign finance regulations. (11) Paid advertisements on social media platforms have served as critical tools for foreign online influence campaigns—even those that rely on large amounts of unpaid content—because such ads allow foreign actors to test the effectiveness of different messages, expose their messages to audiences who have not sought out such content, and recruit audiences for future campaigns and posts. (12) In testimony before the Senate Select Committee on Intelligence titled, Disinformation: A Primer in Russian Active Measures and Influence Campaigns , multiple expert witnesses testified that while the disinformation tactics of foreign adversaries have not necessarily changed, social media services now provide platform[s] practically purpose-built for active measures[.] . Similarly, as Gen. Keith B. Alexander (RET.), the former Director of the National Security Agency, testified, during the Cold War if the Soviet Union sought to manipulate information flow, it would have to do so principally through its own propaganda outlets or through active measures that would generate specific news: planting of leaflets, inciting of violence, creation of other false materials and narratives. But the news itself was hard to manipulate because it would have required actual control of the organs of media, which took long-term efforts to penetrate. Today, however, because the clear majority of the information on social media sites is uncurated and there is a rapid proliferation of information sources and other sites that can reinforce information, there is an increasing likelihood that the information available to average consumers may be inaccurate (whether intentionally or otherwise) and may be more easily manipulable than in prior eras. . (13) On November 24, 2016, The Washington Post reported findings from 2 teams of independent researchers that concluded Russians exploited American-made technology platforms to attack U.S. democracy at a particularly vulnerable moment * * * as part of a broadly effective strategy of sowing distrust in U.S. democracy and its leaders. . (14) On January 6, 2017, the Office of the Director of National Intelligence published a report titled Assessing Russian Activities and Intentions in Recent U.S. Elections , noting that Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the U.S. presidential election * * * . Moscow’s influence campaign followed a Russian messaging strategy that blends covert intelligence operation—such as cyber activity—with overt efforts by Russian Government agencies, state-funded media, third-party intermediaries, and paid social media users or trolls . (15) On September 6, 2017, the nation’s largest social media platform disclosed that between June 2015 and May 2017, Russian entities purchased $100,000 in political advertisements, publishing roughly 3,000 ads linked to fake accounts associated with the Internet Research Agency, a pro-Kremlin organization. According to the company, the ads purchased focused on amplifying divisive social and political messages * * * . (16) Findings from a 2017 study on the manipulation of public opinion through social media conducted by the Computational Propaganda Research Project at the Oxford Internet Institute found that the Kremlin is using pro-Russian bots to manipulate public discourse to a highly targeted audience. With a sample of nearly 1,300,000 tweets, researchers found that in the 2016 election’s 3 decisive States, propaganda constituted 40 percent of the sampled election-related tweets that went to Pennsylvanians, 34 percent to Michigan voters, and 30 percent to those in Wisconsin. In other swing States, the figure reached 42 percent in Missouri, 41 percent in Florida, 40 percent in North Carolina, 38 percent in Colorado, and 35 percent in Ohio. (17) 2018 reporting by the Washington Post estimated that paid Russian ads received more than 37,000,000 impressions in 2016 and 2017. (18) A 2019 Senate Select Committee on Intelligence’s Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election Volume 2: Russia’s Use of Social Media with Additional Views, the Committee recommended that Congress examine legislative approaches to ensuring Americans know the sources of online political advertisements. The Federal Election Campaign Act of 1971 requires political advertisements on television, radio and satellite to disclose the sponsor of the advertisement. The same requirements should apply online. This will also help to ensure that the IRA or any similarly situated actors cannot use paid advertisements for purposes of foreign interference. . (19) A 2020 study by researchers at New York University found undisclosed political advertisement purchases on a large social media platform by a Chinese state media company in violation of that platform’s supposed prohibitions on foreign spending on ads of social, national, or electoral importance. (20) The same study also found that there are persistent issues with advertisers failing to disclose political ads and that in one social media platform’s political ad archive, 68,879 pages (54.6 percent of pages with political ads included in the archive) never provided a disclosure. Overall, there were 357,099 ads run on that platforms without a disclosure, accounting for at least $37,000,000 in spending on political ads. (21) A 2020 report by the bipartisan and bicameral U.S. Cyberspace Solarium Commission found that Although foreign nationals are banned from contributing to U.S. political campaigns, they are still allowed to purchase U.S. political advertisements online, making the internet a fertile environment for conducting a malign influence campaign to undermine American elections. . The Commission concluded that Russian interference in the 2016 election was and still is possible, because the FECA, which establishes rules for transparency in television, radio, and print media political advertising, has not been amended to extend the same political advertising requirements to internet platforms, and that [a]pplying these standards across all media of communication would, among other things, increase transparency of funding for political advertisements, which would in turn strengthen regulators’ ability to reduce improper foreign influence in our elections . (22) On March 16, 2021, the Office of the Director of National Intelligence released the declassified Intelligence Community assessment of foreign threats to the 2020 U.S. Federal elections. The declassified report found: Throughout the election cycle, Russia’s online influence actors sought to affect U.S. public perceptions of the candidates, as well as advance Moscow’s longstanding goals of undermining confidence in U.S. election processes and increasing sociopolitical divisions among the American people. . The report also determined that Iran sought to influence the election by creating and amplifying social media content that criticized [candidates] . (23) According to a Wall Street Journal report in April 2021, voluntary ad libraries operated by major platforms rely on foreign governments to self-report political ad purchases. These ad-buys, including those diminishing major human rights violations like the Uighur genocide, are under-reported by foreign government purchasers, with no substantial oversight or repercussions from the platforms. (24) Multiple reports have indicated that online ads have become a key vector for strategic influence by the People’s Republic of China. An April 2021 Wall Street Journal report noted that the Chinese Government and Chinese state-owned enterprises are major purchasers of ads on the U.S.’s largest social media platform, including to advance Chinese propaganda. (25) Large online platforms have made changes to their policies intended to make it harder for foreign actors to purchase political ads. However, these private actions have not been taken by all platforms, have not been reliably enforced, and are subject to immediate change at the discretion of the platforms. (26) The Federal Election Commission has failed to take action to address online political advertisements and current regulations on political advertisements do not provide sufficient transparency to uphold the public’s right to be fully informed about political advertisements made online. 4. Sense of Congress It is the sense of Congress that— (1) the dramatic increase in digital political advertisements, and the growing centrality of online platforms in the lives of Americans, requires the Congress and the Federal Election Commission to take meaningful action to ensure that laws and regulations provide the accountability and transparency that is fundamental to our democracy; (2) free and fair elections require both transparency and accountability which give the public a right to know the true sources of funding for political advertisements, be they foreign or domestic, in order to make informed political choices and hold elected officials accountable; and (3) transparency of funding for political advertisements is essential to enforce other campaign finance laws, including the prohibition on campaign spending by foreign nationals. 5. Expansion of definition of public communication (a) In general Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(22) ) is amended by striking or satellite communication and inserting satellite, paid internet, or paid digital communication . (b) Treatment of contributions and expenditures Section 301 of such Act ( 52 U.S.C. 30101 ) is amended— (1) in paragraph (8)(B)(v), by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising and inserting in any public communication ; and (2) in paragraph (9)(B)— (A) by amending clause (i) to read as follows: (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, print, online, or digital facilities are owned or controlled by any political party, political committee, or candidate; ; and (B) in clause (iv), by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising and inserting in any public communication . (c) Disclosure and disclaimer statements Subsection (a) of section 318 of such Act ( 52 U.S.C. 30120 ) is amended— (1) by striking financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting financing any public communication ; and (2) by striking solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting solicits any contribution through any public communication . (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (e). (e) Regulation Not later than 1 year after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations on what constitutes a paid internet or paid digital communication for purposes of paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(22) ), as amended by subsection (a), except that such regulation shall not define a paid internet or paid digital communication to include communications for which the only payment consists of internal resources, such as employee compensation, of the entity paying for the communication. 6. Expansion of definition of electioneering communication (a) Expansion to online communications (1) Application to qualified Internet and digital communications (A) In general Subparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(f)(3)(A) ) is amended by striking or satellite communication each place it appears in clauses (i) and (ii) and inserting satellite, or qualified internet or digital communication . (B) Qualified internet or digital communication Paragraph (3) of section 304(f) of such Act ( 52 U.S.C. 30104(f) ) is amended by adding at the end the following new subparagraph: (D) Qualified internet or digital communication The term qualified internet or digital communication means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (j)(3)). . (2) Nonapplication of relevant electorate to online communications Section 304(f)(3)(A)(i)(III) of such Act ( 52 U.S.C. 30104(f)(3)(A)(i)(III) ) is amended by inserting any broadcast, cable, or satellite before communication . (3) News exemption Section 304(f)(3)(B)(i) of such Act ( 52 U.S.C. 30104(f)(3)(B)(i) ) is amended to read as follows: (i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate; . (b) Effective date The amendments made by this section shall apply with respect to communications made on or after January 1, 2023, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. 7. Application of disclaimer statements to online communications (a) Clear and conspicuous manner requirement Subsection (a) of section 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(a) ) is amended— (1) by striking shall clearly state each place it appears in paragraphs (1), (2), and (3) and inserting shall state in a clear and conspicuous manner ; and (2) by adding at the end the following flush sentence: For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked. . (b) Special rules for qualified Internet or digital communications (1) In general Section 318 of such Act ( 52 U.S.C. 30120 ) is amended by adding at the end the following new subsection: (e) Special rules for qualified internet or digital communications (1) Special rules with respect to statements In the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner— (A) state the name of the person who paid for the communication; and (B) provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information. (2) Safe harbor for determining clear and conspicuous manner A statement in qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements: (A) Text or graphic communications In the case of a text or graphic communication, the statement— (i) appears in letters at least as large as the majority of the text in the communication; and (ii) meets the requirements of paragraphs (2) and (3) of subsection (c). (B) Audio communications In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (C) Video communications In the case of a video communication which also includes audio, the statement— (i) is included at either the beginning or the end of the communication; and (ii) is made both in— (I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and (II) an audible format that meets the requirements of subparagraph (B). (D) Other communications In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C). . (2) Nonapplication of certain exceptions The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971). (c) Modification of additional requirements for certain communications Section 318(d) of such Act ( 52 U.S.C. 30120(d) ) is amended— (1) in paragraph (1)(A)— (A) by striking which is transmitted through radio and inserting which is in an audio format ; and (B) by striking By radio in the heading and inserting Audio format ; (2) in paragraph (1)(B)— (A) by striking which is transmitted through television and inserting which is in video format ; and (B) by striking By television in the heading and inserting Video format ; and (3) in paragraph (2)— (A) by striking transmitted through radio or television and inserting made in audio or video format ; and (B) by striking through television in the second sentence and inserting in video format . (d) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. 8. Political record requirements for online platforms (a) In general Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ) is amended by adding at the end the following new subsection: (j) Disclosure of certain online advertisements (1) In general (A) Requirements for online platforms (i) In general An online platform shall maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase on such online platform a qualified political advertisement which is made by a person whose aggregate requests to purchase qualified political advertisements on such online platform during the calendar year exceeds $500. (ii) Requirement relating to political ads sold by third-party advertising vendors An online platform that displays a qualified political advertisement sold by a third-party advertising vendor as defined in (3)(C), shall include on its own platform an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause (i) regarding such qualified political advertisement. (B) Requirements for advertisers Any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A). (2) Contents of record A record maintained under paragraph (1)(A) shall contain— (A) a digital copy of the qualified political advertisement; (B) a description of the audience targeted by the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement is first displayed and last displayed; and (C) information regarding— (i) the total cost of the advertisement; (ii) the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, the election to which the advertisement refers, or the national legislative issue to which the advertisement refers (as applicable); (iii) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and (iv) in the case of any request not described in clause (iii), the name of the person purchasing the advertisement, the name and address of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. (3) Online platform (A) In general For purposes of this subsection, subject to subparagraph (B), the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which— (i) (I) sells qualified political advertisements; and (II) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or (ii) is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor). (B) Exemption Such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. (C) Third-party advertising vendor defined For purposes of this subsection, the term third-party advertising vendor includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. (4) Qualified political advertisement For purposes of this subsection, the term qualified political advertisement means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that— (A) is made by or on behalf of a candidate; or (B) communicates a message relating to any political matter of national importance, including— (i) a candidate; (ii) any election to Federal office; or (iii) a national legislative issue of public importance. (5) Time to maintain file The information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than 4 years. (6) Special rule For purposes of this subsection, multiple versions of an advertisement that contain no material differences (such as versions that differ only because they contain a recipient’s name, or differ only in size, color, font, or layout) may be treated as a single qualified political advertisement. (7) Penalties For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (c). (c) Rulemaking Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules— (1) requiring common data formats for the record required to be maintained under section 304(j) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; and (2) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date. (d) Reporting Not later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on— (1) matters relating to compliance with and the enforcement of the requirements of section 304(j) of the Federal Election Campaign Act of 1971, as added by subsection (a); (2) recommendations for any modifications to such section to assist in carrying out its purposes; and (3) identifying ways to bring transparency and accountability to political advertisements distributed online for free. 9. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising Section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ) is amended by adding at the end the following new subsection: (c) Responsibilities of broadcast stations, providers of cable and satellite television, and online platforms (1) In general Each television or radio broadcast station, provider of cable or satellite television, or online platform (as defined in section 304(j)(3)) shall make reasonable efforts to ensure that communications described in section 318(a) and made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly. (2) Regulations Not later than 1 year after the date of the enactment of this subsection, the Commission shall promulgate regulations on what constitutes reasonable efforts under paragraph (1). . 10. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared (a) In general Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ), as amended by section 8(a), is amended by adding at the end the following new subsection: (k) Ensuring display and sharing of sponsor identification in online political advertisements (1) Requirement An online platform displaying a qualified political advertisement shall— (A) display with the advertisement a visible notice identifying the sponsor of the advertisement (or, if it is not practical for the platform to display such a notice, a notice that the advertisement is sponsored by a person other than the platform); and (B) ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform. (2) Definitions In this subsection— (A) the term online platform has the meaning given such term in subsection (j)(3); and (B) the term ‘ qualified political advertisement has the meaning given such term in subsection (j)(4). . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendment. | https://www.govinfo.gov/content/pkg/BILLS-117s5054is/xml/BILLS-117s5054is.xml |
117-s-5055 | II 117th CONGRESS 2d Session S. 5055 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Padilla (for himself, Mr. Durbin , Mr. Booker , Mr. Sanders , Ms. Warren , Mr. Markey , Mr. Blumenthal , Mr. Brown , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide benefits for noncitizen members of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the Veteran Service Recognition Act of 2022 . 2. Study and report on noncitizen veterans removed from the United States (a) Study required (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall jointly carry out a study on noncitizen veterans and noncitizen former members of the Armed Forces who were removed from the United States during the period beginning on January 1, 1990, and ending on the date of the enactment of this Act. (2) Elements The study carried out pursuant to paragraph (1) shall determine— (A) the number of noncitizens who— (i) served in the Armed Forces for an aggregate period of more than 180 days; and (ii) were removed by U.S. Immigration and Customs Enforcement or the Immigration and Naturalization Service during the period covered by the report; (B) for each noncitizen described in subparagraph (A)— (i) the country of nationality or last habitual residence of such noncitizen; (ii) the total time such noncitizen served as a member of the Armed Forces; (iii) each ground on which such noncitizen was ordered removed pursuant to section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) or section 237(a) of such Act ( 8 U.S.C. 1227(a) ), as applicable; and (iv) whether such noncitizen appealed the removal order to the Board of Immigration Appeals; (C) (i) the number of noncitizens described in subparagraph (A) who were discharged or released from service under honorable conditions; (ii) the number of noncitizens described in subparagraph (A) who were discharged or released from service under other than honorable conditions; (iii) the number of noncitizens described in subparagraph (A) who were deployed overseas; (iv) the number of noncitizens described in subparagraph (A) who served on active duty in the Armed Forces in an overseas contingency operation; (v) the number of noncitizens described in subparagraph (A) who were awarded decorations or medals; (vi) the number of noncitizens described in subparagraph (A) who applied for benefits under laws administered by the Secretary of Veterans Affairs; and (vii) the number of noncitizens described in subparagraph (A) who receive benefits described in clause (vi); and (D) the reasons preventing any of the noncitizens who applied for benefits described in subparagraph (C)(vi) from receiving such benefits. (b) Report Not later than 90 days after the date of the completion of the study required under subsection (a), the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall jointly submit a report containing the results of such study to the appropriate congressional committees. 3. Information system on veterans subject to removal (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop— (1) a protocol for identifying noncitizens who are or may be veterans; and (2) a system for maintaining information about noncitizen veterans identified pursuant to the protocol established under paragraph (1) and information provided by the Under Secretary of Defense for Personnel and Readiness under section 4(d). (b) Information sharing The system developed pursuant to subsection (a)(2) shall be shared across all components of the Department of Homeland Security, including Enforcement and Removal Operations, the Office of the Principal Legal Advisor, Homeland Security Investigations, and the Military Family Immigration Advisory Committee. (c) Consideration of veteran status The Secretary of Homeland Security shall ensure that, in the case of any noncitizen veteran who is potentially removable, and in any removal proceeding against such a noncitizen veteran, information available under the system developed pursuant to subsection (a)(2) is taken into consideration, including for purposes of any adjudication on the immigration status of such veteran. (d) Use of system required The Secretary of Homeland Security may not initiate removal proceedings against an individual prior to using the system established pursuant to subsection (a)(2) to attempt to determine whether the individual is a veteran. If the Secretary of Homeland Security determines that such an individual is or may be a veteran, the Secretary shall notify the Military Family Immigration Advisory Committee concurrently upon initiating removal proceedings against such individual. (e) Training Beginning in the first fiscal year that begins after the Secretary of Homeland Security completes the requirements under subsection (a), personnel of U.S. Immigration and Customs Enforcement shall participate in annual training on the protocol developed under this section. 4. Military Family Immigration Advisory Committee (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish an advisory committee, which shall be known as the Military Family Immigration Advisory Committee , to provide recommendations to the Secretary of Homeland Security on the exercise of discretion in any case involving removal proceedings for— (1) a member of the Armed Forces; (2) a veteran; or (3) a covered family member. (b) Membership The Advisory Committee shall be composed of 9 members, appointed by the Secretary of Homeland Security. (c) Case reviews (1) In general Not later than 30 days after the Advisory Committee identifies or is notified about the case of an individual described in subsection (a), the Advisory Committee shall meet to review the case and to provide a written recommendation to the Secretary of Homeland Security on whether— (A) an exercise of discretion is warranted, including— (i) termination of removal proceedings; (ii) parole; (iii) deferred action; (iv) a stay of removal; (v) administrative closure; or (vi) authorization to apply for any other form of relief; or (B) to continue seeking the removal of such individual. (2) Submission of information An individual who is the subject of a case review under paragraph (1) may submit information to the Advisory Committee, and the Advisory Committee shall consider such information. (3) Procedures In conducting each case review under paragraph (1), the Advisory Committee shall consider, as factors weighing in favor of a recommendation under paragraph (1)(A)— (A) with respect to a member of the Armed Forces, whether the individual— (i) was an enlisted member or officer of the Armed Forces; (ii) received a medal or decoration, was deployed, or was otherwise evaluated for merit in service during his or her service in the Armed Forces; (iii) is a national of a country that prohibits repatriation of an individual after any service in the Armed Forces; or (iv) contributed to his or her local community during his or her service in the Armed Forces; (B) with respect to a veteran, whether the individual— (i) was an enlisted member or officer of the Armed Forces; (ii) completed a period of service in the Armed Forces and was discharged under conditions other than dishonorable; (iii) received a medal or decoration, was deployed, or was otherwise evaluated for merit in service during his or her service in the Armed Forces; (iv) is a national of a country that prohibits repatriation of an individual after any service in the Armed Forces of another country; or (v) contributed to his or her local community during or after his or her service in the Armed Forces; and (C) with respect to a covered family member, whether the individual— (i) supported a member of the Armed Forces serving on active duty or a veteran, including through financial support, emotional support, or caregiving; or (ii) contributed to his or her local community during or after the military service of the member or of the veteran. (d) Briefings on noncitizen veterans The Under Secretary of Defense for Personnel and Readiness shall provide detailed briefings to the Advisory Committee regarding the service of a noncitizen veteran when that individual’s case is being considered by the Advisory Committee. (e) Briefings on actions in response to recommendations Not less frequently than quarterly, the Secretary of Homeland Security shall provide detailed briefings to the Advisory Committee regarding actions taken in response to the recommendations of the Advisory Committee, including detailed explanations for any cases in which a recommendation of the Advisory Committee was not followed. (f) Transfer of case files For any individual with respect to whom the Advisory Committee is conducting a case review under this section, the Secretary of Defense and the Secretary of Homeland Security shall provide to the Advisory Committee a copy of any available record pertaining to that individual, including such individual’s alien file, that is relevant to the case review. (g) Limitation on removal Notwithstanding any other provision of law, an individual described in subsection (a) may not be ordered removed until the Advisory Committee has provided a recommendation with respect to such individual to the Secretary of Homeland Security. 5. Program of citizenship through military service (a) In general (1) Program established The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and in coordination with the Secretary of Defense, shall jointly implement a program to ensure that— (A) each eligible noncitizen is afforded the opportunity to file an application for naturalization at any point on or after the first day of service on active duty or first day of service as a member of the Selected Reserve pursuant to section 329 of the Immigration and Nationality Act ( 8 U.S.C. 1440 ); and (B) the duly authenticated certification (or any other successor form) required under section 329(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1140(b)(3) ) is issued to each noncitizen not later than 30 days after the individual makes a request for such certification. (2) Eligible noncitizen In this subsection, the term eligible noncitizen means a noncitizen who serves or has served in the Armed Forces during any period that the President by Executive order designates as a period during which the Armed Forces are or were engaged in military operations involving armed conflict with a hostile foreign force. (b) JAG training The Secretary of Defense shall ensure that appropriate members of the Judge Advocate General Corps of each Armed Force receive training to function as liaisons with U.S. Citizenship and Immigration Services with respect to applications for citizenship of noncitizen members of the Armed Forces. (c) Training for recruiters The Secretary of Defense shall ensure that all recruiters in the Armed Forces receive training regarding— (1) the steps required for a noncitizen member of the Armed Forces to receive citizenship; (2) limitations on the path to citizenship for family members of such individuals; and (3) points of contact at the Department of Homeland Security to resolve emergency immigration-related situations with respect to such individuals and their family members. (d) Annual reports The Secretary of each military department shall annually submit a report to the appropriate congressional committees that identifies the number of all noncitizens who enlisted or were appointed in the military department concerned, all members of the Armed Forces in their department who naturalized, and all members of the Armed Forces in their department who were discharged or released without United States citizenship under the jurisdiction of such Secretary during the preceding year. (e) Further facilitation naturalization for military personnel in contingency operations Any person who has served honorably as a member of the Armed Forces of the United States in support of a contingency operation (as defined in section 101(a)(13) of title 10, United States Code), and who, if separated from the Armed Forces, was separated under honorable conditions, may be naturalized as provided in section 329 of the Immigration and Nationality Act ( 8 U.S.C. 1440 ) as though the person had served during a period designated by the President under such section. (f) Naturalization through service in the Armed Forces of the United States Section 328 of the Immigration and Nationality Act ( 8 U.S.C. 1439 ) is amended— (1) in subsection (a), by striking six months and inserting one year ; and (2) in subsection (d), by striking six months and inserting one year . 6. Information for military recruits regarding naturalization through service in the Armed Forces The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall ensure that there is stationed or employed at each Military Entrance Processing Station— (1) an employee of U.S. Citizenship and Immigration Services; or (2) in the case that the Secretary determines that it is impracticable to station or employ a person described in paragraph (1) at a Military Entrance Processing Station, a member of the Armed Forces or an employee of the Department of Defense— (A) whom the Secretary determines is trained in the immigration laws; and (B) who shall inform each military recruit who is not a citizen of the United States processed at such Military Entrance Processing Station regarding naturalization through service in the Armed Forces under sections 328 and 329 of the Immigration and Nationality Act ( 8 U.S.C. 1439–1440 ). 7. Return of eligible veterans removed from the United States; adjustment of status (a) Eligible veterans Notwithstanding the issuance of a final order of removal against a noncitizen, the Secretary of Homeland Security may adjust such noncitizen’s status to that of an alien lawfully admitted for permanent residence, or admit such noncitizen for lawful permanent residence if the Secretary determines that such noncitizen— (1) is a veteran; and (2) except as provided in subsection (b), is not inadmissible. (b) Waiver (1) Authority The Secretary of Homeland Security may waive any applicable ground of inadmissibility with respect to a noncitizen veteran described in subsection (a), under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) (other than paragraph (3) of such section 212(a), or a finding of inadmissibility under paragraph (2)(A) based on a conviction of an aggravated felony described in subparagraph (A), (I), or (K) of section 101(a)(43) of such Act ( 8 U.S.C. 1101(a)(43) )) if the Secretary determines that such waiver is in the public interest. (2) Public interest considerations In determining whether a waiver described in paragraph (1) is in the public interest, the Secretary of Homeland Security shall consider factors, such as— (A) the noncitizen’s service in the Armed Forces; and (B) the recency and severity of any offense or conduct that forms the basis of a finding of inadmissibility under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). (c) Procedures Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations that establish procedures for carrying out this section. (d) No numerical limitations Individuals who are granted lawful permanent residence under this section shall not be subject to the numerical limitations under section 201, 202, or 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, and 1153). (e) Clarification If a noncitizen’s status is adjusted to that of an alien lawfully admitted for permanent residence, or if such noncitizen is lawfully admitted for permanent residence, such adjustment or admission shall create a presumption that the noncitizen has established good moral character under paragraphs (1) through (8) of section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) ). (f) Limitation on removal (1) In general A noncitizen who appears to be prima facie eligible for lawful permanent resident status under this section shall be given a reasonable opportunity to apply for such status. Such noncitizen may not be removed from the United States until a final administrative decision establishing ineligibility for such status is rendered. (2) Effect of final order (A) In general A noncitizen present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for lawful permanent resident status under this section. Such noncitizen may not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. (B) Effect of approval If the Secretary of Homeland Security approves an application filed pursuant to subparagraph (A)— (i) the Secretary shall notify the Attorney General of such approval; and (ii) the Attorney General shall cancel the order of removal. (C) Effect of denial If the Secretary of Homeland Security renders a final administrative decision to deny an application filed pursuant to subparagraph (A), the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted. 8. Adjustment of status for certain immediate relatives of United States citizen service members or veterans (a) In general For purposes of an application for adjustment of status pursuant to an approved petition for classification under section 204(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(A) ), an alien described in subsection (b)— (1) is be deemed to have been inspected and admitted into the United States; and (2) shall not be subject to paragraphs (6)(A), (6)(C), (7)(A), and (9) of section 212(a) of such Act ( 8 U.S.C. 1182(a) ). (b) Alien described An alien described in this subsection is the beneficiary of an approved petition for classification under section 204(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(A) ) as an immediate relative (as defined in section 201(b)(2)(A)(i) of such Act ( 8 U.S.C. 1151(b)(2)(A)(i) )) of a citizen of the United States who— (1) served, for a minimum of 2 years, on active duty in the Armed Forces or in a reserve component of the United States Armed Forces; and (2) if discharged or released from service in the Armed Forces, was discharged or released under honorable conditions. 9. Definitions In this Act: (1) Advisory committee The term Advisory Committee means the Military Family Immigration Advisory Committee established pursuant to section 4. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate ; (B) the Committee on Homeland Security and Governmental Affairs of the Senate ; (C) the Committee on the Judiciary of the Senate ; (D) the Committee on Veterans' Affairs of the Senate ; (E) the Committee on Armed Services of the House of Representatives ; (F) the Committee on Homeland Security of the House of Representatives ; (G) the Committee on the Judiciary of the House of Representatives ; and (H) the Committee on Veterans’ Affairs of the House of Representatives . (3) Armed Forces The term Armed Forces has the meaning given the term armed forces in section 101(4) of title 10, United States Code. (4) Covered family member The term covered family member means the noncitizen spouse or noncitizen child of— (A) a member of the Armed Forces; or (B) a veteran. (5) Immigration laws The term immigration laws has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) ). (6) Noncitizen The term noncitizen means an individual who is not a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) )). (7) Veteran The term veteran has the meaning given such term in section 101(2) of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s5055is/xml/BILLS-117s5055is.xml |
117-s-5056 | II 117th CONGRESS 2d Session S. 5056 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Ernst (for herself and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit Federal funding to EcoHealth Alliance, Inc., and for other purposes.
1. Short title This Act may be cited as the Defund EcoHealth Alliance Act . 2. Prohibition on Federal Funding to EcoHealth Alliance, Inc (a) In general No funds authorized or appropriated by Federal law may be made available for any purpose to EcoHealth Alliance, Inc., including any subsidiaries and related organizations that are directly controlled by EcoHealth Alliance, Inc. (b) GAO study and report Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study, and submit a report to Congress, regarding the amount of Federal funds awarded to EcoHealth Alliance, Inc., during the 10-year period preceding such date of enactment, that were provided, whether purposely or inadvertently, to the People’s Republic of China, the Chinese Communist Party, the Wuhan Institute of Virology, or any agency or instrumentality of such entities. | https://www.govinfo.gov/content/pkg/BILLS-117s5056is/xml/BILLS-117s5056is.xml |
117-s-5057 | II 117th CONGRESS 2d Session S. 5057 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Coons (for himself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Small Business Investment Act of 1958 to modify fees and funding for certain small business refinancing loans and loans to qualified State or local development companies, and for other purposes.
1. Short title This Act may be cited as the 504 Loan Availability Act . 2. Modifications to fees and funding for certain small business refinancing loans and loans to qualified State or local development companies Title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ) is amended— (1) in section 502(7)(C) ( 15 U.S.C. 696(7)(C) )— (A) in clause (ii)— (i) in subclause (I), by adding and at the end; (ii) in subclause (II), by striking ; and and inserting a period; and (iii) by striking subclause (III); and (B) in clause (v), by striking a total of $7,500,000,000 of financing and inserting the total amount described in section 511 in financing ; and (2) by adding at the end the following: 511. Maximum funding level The Administrator may provide not more than a total, in the aggregate, of $15,000,000,000 for each fiscal year of financing to guarantee loans under section 503 and loans authorized under section 502(7)(C). . 3. Sunset Effective on October 1, 2025, title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ) is amended— (1) in section 502(7)(C) ( 15 U.S.C. 696(7)(C) ), by striking clause (v); and (2) by striking section 511, as added by section 2 of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5057is/xml/BILLS-117s5057is.xml |
117-s-5058 | II 117th CONGRESS 2d Session S. 5058 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the imposition of sanctions with respect to purchases of crude oil from the Russian Federation.
1. Short title This Act may be cited as the Breaking Russia’s Energy Addicted Kleptocracy and Punishing Uncivil Tyrant Invading Neighbor Act of 2022 or the BREAK PUTIN Act of 2022 . 2. Imposition of sanctions with respect to purchases of crude oil from Russian Federation (a) Purchases of crude oil from Russian Federation (1) List required Not later than 60 days after the date of the enactment of this Act, and every 30 days thereafter, the President shall submit to Congress a list of foreign persons the President determines knowingly purchase, on or after the date that is 30 days after the date of the enactment of this Act, crude oil produced in the Russian Federation. (2) Imposition of sanctions The President shall, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), block and prohibit all transactions in all property and interests in property of a foreign person on the list required by paragraph (1) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (b) Facilitation of purchases of crude oil from Russian Federation (1) List required Not later than 60 days after the date of the enactment of this Act, and every 30 days thereafter, the President shall submit to Congress a list of foreign financial institutions, insurance companies, brokering services, international trading houses, port operators, and shipping companies that the President determines have knowingly, on or after the date that is 30 days after the date of the enactment of this Act, facilitated any significant financial transaction for the purchase of crude oil produced in the Russian Federation. (2) Imposition of sanctions The President shall, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), block and prohibit all transactions in all property and interests in property of an entity on the list required by paragraph (1) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (3) Exception for crude oil purchases complying with certain conditions (A) Report required Not later than 30 days after the date of the enactment of this Act, and every 60 days thereafter, the Administrator of the Energy Information Administration, in consultation with the Secretary of the Treasury, the Secretary of State, and the Director of National Intelligence, shall submit to Congress a report on the average marginal cost of production of crude oil throughout the Russian Federation during the 60-day period preceding the submission of the report. (B) Establishment of price cap Russian crude oil Not later than 30 days after the date of the enactment of this Act, and every 60 days thereafter, the President shall establish a price cap for crude oil produced in the Russian Federation, which shall be not more than 15 percent more than the average marginal cost of production of crude oil throughout the Russian Federation, as set forth in the most recent report submitted under subparagraph (A). (C) Exception Sanctions imposed pursuant to paragraph (2) shall not apply with respect to a foreign financial institution for facilitating a financial transaction for the purchase of crude oil from the Russian Federation if— (i) the purchase price of the crude oil does not exceed the most recent price cap determined under subparagraph (B); (ii) the funds used to purchase the crude oil are deposited into an account managed by the Secretary of the Treasury; and (iii) funds in the account are available to the Russian Federation only for purchases of non-luxury consumers goods, including food, medicine, and medical devices, the purchase of which is not subject to sanctions imposed by the United States. (D) Release of funds in account Funds in the account described in subparagraph (C)(ii) may be repatriated to the Russian Federation only if, at a minimum, the following conditions are met: (i) The Russian Federation signs a peace agreement with Ukraine. (ii) The Russian Federation withdraws all Armed Forces of the Russian Federation from both land and seaports in Ukraine, including Crimea. (iii) The Organization for Security and Co-operation in Europe verifies that all such forces have been withdrawn. (iv) The President determines that such funds will not be used for purposes of harming the United States or other countries. (4) Waiver The President may waive the imposition of sanctions under paragraph (2) for a period of not more than 120 days, and may renew that waiver for additional periods of not more than 120 days, if the President— (A) determines that such a waiver is in the national interest of the United States; and (B) submits to Congress a report— (i) providing a justification for the waiver; and (ii) that includes any concrete cooperation the President has received or expects to receive as a result of the waiver. (c) Task force (1) In general Not later than 30 days after the date of the enactment of this Act, the President shall establish an interagency task force, which shall be responsible for— (A) combating illicit trade by the Russian Federation to evade sanctions imposed under subsections (a) and (b) using foreign financial institutions, insurance companies, brokering services, international trading houses, port operators, and shipping companies; and (B) rapidly declassifying intelligence and issuing démarches to foreign governments and entities involved in purchases of crude oil from the Russian Federation subject to such sanctions. (2) Composition The task force established under paragraph (1) shall, at a minimum, include representatives of the following: (A) The Department of State. (B) The Department of Energy. (C) The Department of Commerce. (D) The Department of Homeland Security. (E) The Department of the Treasury. (F) The intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )). (3) Use of satellite data mapping radio frequency emissions The task force established under paragraph (1) shall, to the extent practicable, make use of commercial space-based radio frequency data— (A) to map radio frequency emissions in maritime areas of interest; (B) to identify vessels not transmitting Automated Identification System information; and (C) to geolocate vessels involved in efforts to evade sanctions imposed under subsection (a) or (b). (4) Access to, use of, and handling of information of other Federal agencies In carrying out activities under paragraph (1), the task force established under paragraph (1) shall, to the extent practicable, be provided with access to all reports or other information of any Federal agency that the task force determines necessary to carry out those activities— (A) upon written request to the agency in possession of the information; (B) subject to limitations under applicable provisions of law; (C) consistent with the protection of sources and methods, law enforcement strictures, protection of proprietary information of businesses, and protection of personally identifiable information; and (D) subject to all restrictions required by the source of the information. (d) Increase in United States crude oil production and refining capacity The President shall— (1) take all necessary steps to increase the production and refining of crude oil in the United States; and (2) conduct outreach to Canada and Mexico to encourage those countries to increase their production of crude oil— (A) to ensure there is a sufficient supply of crude oil from countries other than the Russian Federation; and (B) to minimize any impact on the price of crude oil resulting from the imposition of sanctions under this section. (e) Form of reports Each report submitted under this section shall be submitted in unclassified form, but may contain a classified annex. (f) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or a license, order, regulation, or prohibition issued under this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act. (g) Definitions In this section: (1) Foreign financial institution The term foreign financial institution has the meaning of that term as determined by the Secretary of the Treasury in regulations. (2) Foreign person The term foreign person means an individual or entity that is not a United States person. (3) United states person The term United States person means— (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s5058is/xml/BILLS-117s5058is.xml |
117-s-5059 | II 117th CONGRESS 2d Session S. 5059 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Lankford (for himself, Mr. Inhofe , and Mrs. Fischer ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To improve the pilot program on acceptance by the Department of Veterans Affairs of donated facilities and related improvements to account for issues relating to inflation, and for other purposes.
1. Short title This Act may be cited as the CHIP-IN Improvement Act of 2022 . 2. Improving pilot program on acceptance by the Department of Veterans Affairs of donated facilities and related improvements (a) In general Section 2 of the Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 ( Public Law 114–294 ; 38 U.S.C. 8103 note) is amended— (1) in subsection (b)(1)(A), by inserting or for which funds are available from the Construction, Minor Projects, or Construction, Major Projects appropriations accounts ; (2) in subsection (e)(1)— (A) in subparagraph (A)— (i) by striking The Secretary and inserting Except as otherwise provided in this paragraph, the Secretary ; and (ii) by inserting or funds already generally available in the Construction, Minor Projects, or Construction, Major Projects appropriations accounts after that are in addition to the funds appropriated for the facility ; (B) in subparagraph (B), by striking subparagraph (A) and inserting this paragraph ; (C) by redesignating subparagraph (B) as subparagraph (F); and (D) by inserting after subparagraph (A) the following new subparagraphs: (B) Unobligated amounts The Secretary may provide additional funds to help an entity described in subsection (a)(2) finance, design, or construct a facility in connection with real property and improvements to be donated under the pilot program and proposed to be accepted by the Secretary under subsection (b)(1)(B) if— (i) the Secretary determines that doing so is in the best interest of the Department and consistent with the mission of the Department; and (ii) funding provided under this subparagraph— (I) is in addition to amounts that have been appropriated for the facility before the date on which the Secretary and the entity enter into a formal agreement under subsection (c) for the construction and donation of the real property and improvements; and (II) is derived only from amounts that— (aa) are unobligated balances available in the Construction, Minor Projects, or Construction, Major Projects appropriations accounts of the Department that— (AA) are not associated with a specific project; or (BB) are amounts that are associated with a specific project, but are unobligated because they are the result of bid savings; and (bb) were appropriated to such an account before the date described in subclause (I). (C) Escalation clauses (i) In general The Secretary may include an escalation clause in a formal agreement under subsection (c) that authorizes an escalation of not more than an annual amount based on a rate established in the formal agreement and mutually agreed upon by the Secretary and an entity to account for inflation for an area if the Secretary determines, after consultation with the head of an appropriate Federal entity that is not part of the Department, that such escalation is necessary and in the best interest of the Department. (ii) Use of existing amounts The Secretary may obligate funds pursuant to clause (i) in connection with a formal agreement under subsection (c) using amounts that— (I) are unobligated balances available in the Construction, Minor Projects, or Construction, Major Projects appropriations accounts of the Department that— (aa) are not associated with a specific project; or (bb) are amounts that are associated with a specific project, but are unobligated because they are the result of bid savings; and (II) were appropriated to such an account before the date on which the Secretary and the entity entered into the formal agreement. (D) Availability Unobligated amounts shall be available pursuant to subparagraphs (B) and (C) only to the extent and in such amounts as provided in advance in appropriations Acts subsequent to date of the enactment of the CHIP-IN Improvement Act of 2022 , subject to subparagraph (E). (E) Limitation Unobligated amounts made available pursuant to subparagraphs (B) and (C) may not exceed 40 percent of the amount appropriated for the facility before the date on which the Secretary and the entity entered into a formal agreement under subsection (c). ; and (3) in subsection (j)— (A) by striking Rule and inserting Rules ; (B) by striking Nothing in and inserting the following: (1) Entering arrangements and agreements Nothing in ; and (C) by adding at the end the following new paragraph: (2) Treatment of assistance Nothing provided under this section shall be treated as Federal financial assistance as defined in section 200.40 of title 2, Code of Federal Regulations, as in effect on February 21, 2021. . (b) Amendments to existing agreements Each agreement entered into under section (2)(c) of such Act before the date of the enactment of this Act that was in effect on the date of the enactment of this Act may be amended to incorporate terms authorized by subparagraphs (B) and (C) of section 2(e)(1) of such Act, as added by subsection (a)(2)(D) of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s5059cps/xml/BILLS-117s5059cps.xml |
117-s-5060 | II 117th CONGRESS 2d Session S. 5060 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Klobuchar (for herself, Mr. Grassley , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To redesignate the Federal building located at 212 Third Avenue South in Minneapolis, Minnesota, as the Paul D. Wellstone Federal Building , and for other purposes.
1. Short title This Act may be cited as the Paul D. Wellstone Building Act of 2022 . 2. Findings Congress finds that— (1) Paul David Wellstone was born on July 21, 1944, in Washington, DC, and raised in Arlington, Virginia, as the second child of Ukrainian Jewish immigrants Leon and Minnie Wellstone; (2) Wellstone graduated from the University of North Carolina at Chapel Hill— (A) in 1965, with a bachelor's degree in political science; and (B) in 1969, with a Ph.D. in political science; (3) after earning his Ph.D., Wellstone moved to Minnesota to teach political science at Carleton College in Northfield, Minnesota, during which he became an advocate for marginalized communities and fought for improved healthcare, education, housing, and labor and human rights; (4) as an activist, Wellstone helped to bring attention to issues important to the people by protesting in favor of peace, civil rights, and social justice, including by standing by farmers and working families in their struggles; (5) in 1990, Wellstone extended his community activism during his first run for the Senate; (6) as an underdog, Wellstone was the only candidate to unseat an incumbent Senator in the 1990 election; (7) the grassroots campaign that was run by Wellstone became well-known for the green bus that he used to travel across Minnesota; (8) Senator Wellstone continued his commitment to activism throughout his time in the Senate, including by pushing for legislation that— (A) expanded support for mental health care coverage; (B) increased the Federal minimum wage; and (C) offered greater funding and protections for workers, seniors, schools, and atomic veterans; (9) in 1997, Senator Wellstone traveled across the country on The Children’s Tour to hear from disadvantaged communities across the United States; (10) on October 25, 2002, at the age of 57, Senator Wellstone was killed in a plane crash in Minnesota along with his wife, daughter, and several campaign staff; and (11) the loss of Senator Wellstone was mourned across the United States, but his legacy of advocacy and candor will always be remembered. 3. Paul D. Wellstone Federal Building (a) Redesignation The Federal building located at 212 Third Avenue South in Minneapolis, Minnesota, shall be known and designated as the Paul D. Wellstone Federal Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Paul D. Wellstone Federal Building . | https://www.govinfo.gov/content/pkg/BILLS-117s5060is/xml/BILLS-117s5060is.xml |
117-s-5061 | II 117th CONGRESS 2d Session S. 5061 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Daines (for himself and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for Medicare coverage and coding for qualified psychologist services furnished by advanced psychology trainees.
1. Short title This Act may be cited as the Expand Qualified Psychologist Services Act . 2. Coverage and coding for qualified psychologist services furnished by advanced psychology trainees (a) Coverage (1) In general Section 1861(ii) of the Social Security Act ( 42 U.S.C. 1395x(ii) ) is amended— (A) by inserting (1) after (ii) ; (B) in paragraph (1), as added by paragraph (1) of this subsection, by inserting (or furnished by an advanced psychology trainee under the general supervision of a clinical psychologist (as so defined)) after (as defined by the Secretary) ; and (C) by adding at the end the following new paragraph: (2) In this subsection: (A) The term advanced psychology trainee means a postdoctoral resident who has obtained a doctoral degree in psychology, is seeking a license to practice psychology, and is engaged in a 1- or 2-year period of additional supervised experiential training to acquire the skills or hours required for licensure through a program accredited by an organization determined appropriate by the Secretary. (B) The term general supervision has the meaning given that term in section 410.26(a)(3) of title 42, Code of Federal Regulations (or any successor regulation). . (2) Effective date The amendments made by this subsection shall apply to services furnished on or after January 1, 2024. (b) Establishment of modifier Not later than January 1, 2024, the Secretary of Health and Human Services shall establish a modifier to indicate services furnished by an advanced psychology trainee pursuant to the amendments made by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s5061is/xml/BILLS-117s5061is.xml |
117-s-5062 | II 117th CONGRESS 2d Session S. 5062 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Daines (for himself and Ms. Stabenow ) 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 increase access to mental health programs for physicians.
1. Short title This Act may be cited as the Protect Our Physicians Act . 2. Access to mental health programs for physicians Section 1877(e) of the Social Security Act ( 42 U.S.C. 1395nn(e) ) is amended by adding at the end the following new paragraph: (9) Mental health program for physicians The provision by an entity of an evidence-based or evidence-informed program for physicians for the primary purpose of preventing suicide and improving mental health and resiliency and for training such physicians in appropriate strategies to promote their mental health, if such program— (A) is in a policy set out in writing and approved in advance of the operation of the program by the governing body of the entity; (B) is offered to all physicians on the bona fide medical staff of the entity or in the local community or service area of the entity; (C) is offered to all such physicians on the same terms and conditions regardless of the volume or value of referrals or other business generated by the physician for the entity; and (D) meets any other requirements as the Secretary may impose by regulation as needed to protect against program or patient abuse. . | https://www.govinfo.gov/content/pkg/BILLS-117s5062is/xml/BILLS-117s5062is.xml |
117-s-5063 | II 117th CONGRESS 2d Session S. 5063 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Klobuchar introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To authorize the use of funds appropriated to the Department of State for United States participation in international fairs and expositions, and for other purposes.
1. Short title This Act may be cited as the Supporting U.S. Engagement in Expos Act of 2022 . 2. Participation in international fairs and expositions (a) In general Notwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 ( 22 U.S.C. 2452b ), funds appropriated or otherwise made available for the Department of State in any fiscal year may be obligated and expended for United States participation in international fairs and expositions abroad, including for construction and operation of United States pavilions or other major exhibits, subject to subsections (b), (c), (d), and (e). (b) Authorization of appropriations There is authorized to be appropriated $20,000,000 to the Department for United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. (c) Limitation on solicitation of funds Senior employees of the Department, in their official capacity, may not solicit funds to pay expenses for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions. (d) Cost-Share requirement Funds made available pursuant to subsections (a) and (b) to the Department of State for a United States pavilion or other major exhibit at an international fair or exposition abroad shall be made available on a cost-matching basis, to the maximum extent practicable, from sources other than the United States Government. (e) Notification (1) In general None of the funds made available pursuant to subsection (a) or (b) to the Department of State for a United States pavilion or other major exhibit at an international fair or exposition abroad may be obligated until— (A) the appropriate congressional committees have been notified of such intended obligation; and (B) a period of not fewer than 15 days has elapsed following such notification. (2) Matters to be included Each notification under paragraph (1) shall include the following: (A) A description of the source of such funds, including any funds reprogrammed or transferred by the Department of State to be made available for such pavilion or other major exhibit abroad. (B) An estimate of the amount of investment such pavilion or other major exhibit abroad could bring to the United States. (C) A description of the strategy of the Department to identify and obtain such matching funds from sources other than the United States Government, in accordance with subsection (d). 3. Final report Not later than 180 days after the date on which a United States pavilion or other major exhibit abroad is opened at an international fair or exposition as specified in this section, the Secretary of State shall submit to the appropriate congressional committees a report that includes— (1) the number of United States businesses that participated in such pavilion or other major exhibit; and (2) the dollar amount and source of any matching funds obtained by the Department. 4. Appropriate congressional committees defined In this Act, the term appropriate congressional committees means the following: (1) The Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) The Committee on Foreign Relations and the Committee on Appropriations of the Senate. | https://www.govinfo.gov/content/pkg/BILLS-117s5063is/xml/BILLS-117s5063is.xml |
117-s-5064 | II 117th CONGRESS 2d Session S. 5064 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Reed introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ensure that children in schools have a right to read, and for other purposes.
1. Short title This Act may be cited as the Right to Read Act of 2022 . 2. Definitions Section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended— (1) by redesignating paragraphs (19) through (28), paragraphs (29) through (43), paragraphs (44) through (49), and paragraphs (50) through (52) as paragraphs (20) through (29), paragraphs (31) through (45), paragraphs (47) through (52), and paragraphs (54) through (56), respectively; (2) by inserting after paragraph (18) the following: (19) Effective school library The term effective school library means a library that— (A) is staffed by at least one full-time State-certified school librarian who— (i) is an instructional leader, information specialist, and teacher; (ii) supports the digital learning environment and the development of participatory learning, inquiry learning, digital literacy, and information literacy; and (iii) supports, supplements, and elevates the literacy experience through guidance in reading for learning and motivational reading initiatives in order to enhance student achievement and foster lifelong reading and learning; (B) is otherwise adequately staffed to be open to students before, during, and after the school day; (C) has a sufficient collection of curated up-to-date digital and print materials and technology, including openly licensed educational resources; (D) provides appropriate facilities for maintaining and providing equitable access to materials, technology, connectivity, and library and literacy instruction; (E) provides regular professional development for teachers, school librarians, and other educators; (F) provides opportunities for collaboration between classroom teachers and school librarians; and (G) implements nationally recognized standards of practice. ; (3) by inserting after paragraph (29), as redesignated by paragraph (1), the following: (30) Information literacy The term information literacy means the set of skills needed to find, retrieve, understand, evaluate, analyze, and effectively use information (which encompasses spoken and broadcast words and videos, printed materials, and digital content, data, and images). ; (4) by inserting after paragraph (45), as redesignated by paragraph (1), the following: (46) Right to read The term right to read means all students have access to— (A) linguistically and developmentally appropriate, evidence-based reading instruction; (B) effective school libraries; (C) family literacy support; (D) culturally diverse and inclusive materials; (E) reading materials in the home; and (F) the freedom to choose reading materials. ; and (5) by inserting after paragraph (52), as redesignated by paragraph (1), the following: (53) Teacher The term teacher includes a school librarian. . 3. Amendments to title I (a) State Plans Section 1111 of that Act ( 20 U.S.C. 6311 ) is amended— (1) in subsection (a)(4)(A)(ii)(I)(aa), by inserting (including school librarians) after teachers ; and (2) in subsection (g)— (A) in paragraph (1)— (i) by redesignating subparagraphs (F) and (G) as subparagraphs (H) and (I), respectively; and (ii) by inserting after subparagraph (E) the following: (F) how the State will work to ensure that low-income children, minority children, children with disabilities, and English learners are not disproportionally enrolled in schools that lack an effective school library, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to ensuring such access to an effective school library; (G) how the State educational agency will provide assistance to local educational agencies and individual schools in supporting digital literacy and information literacy skills development for their students; ; and (B) in paragraph (2)— (i) in subparagraph (J), by inserting (including school librarians) after teachers ; (ii) in subparagraph (M), by striking and after the semicolon; (iii) in subparagraph (N), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (O) the State educational agency has a policy protecting the right to read and will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, school librarians, principals, other school leaders, specialized support personnel, parents, and the public of such right. . (b) Local educational agency plans Section 1112 of that Act ( 20 U.S.C. 6312 ) is amended— (1) in subsection (a)(1)(A), by inserting (including school librarians) after teachers ; and (2) in subsection (b)— (A) in paragraph (12)(B), by striking and after the semicolon; (B) by striking paragraph (13); and (C) by adding at the end the following: (13) how the local educational agency will— (A) support and improve effective school libraries by supporting the work of State-certified school librarians to ensure that students have equitable access to such libraries; and (B) assist schools in developing effective school libraries to provide students an opportunity to develop digital literacy and information literacy skills and improve academic achievement; (14) the policies the local educational agency has in place to protect the right to read; and (15) any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include a description of how the local educational agency will assist schools in identifying and serving gifted and talented students. . 4. Amendments to title II (a) Authorization of appropriations (1) In General Section 2003 of that Act ( 20 U.S.C. 6603 ) is amended— (A) in subsection (b), by inserting except for subpart 2, after part B, ; and (B) by adding at the end the following: (c) Literacy Education for All, Results for the Nation There are authorized to be appropriated— (1) for grants authorized under section 2222, $500,000,000 for fiscal year 2024 and each of the succeeding 4 fiscal years; and (2) for grants authorized under section 2226, $100,000,000 for fiscal year 2024 and each of the succeeding 4 fiscal years. . (2) Reservations Section 2201 of that Act ( 20 U.S.C. 6621 ) is amended— (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (3) Comprehensive literacy State development grants Section 2222 of that Act ( 20 U.S.C. 6642 ) is amended— (A) in subsection (a), by striking From the amounts reserved by the Secretary under section 2201(2) and not reserved under subsection (b), and inserting From amounts appropriated to carry out this section ; and (B) in subsection (b)— (i) in the matter preceding paragraph (1), by striking reserved to carry out this subpart and inserting appropriated to carry out this section ; and (ii) in paragraphs (2) and (3), by striking subpart and inserting section each place the term appears. (4) Innovative approaches to literacy Section 2226(a) of that Act ( 20 U.S.C. 6646(a) ) is amended by striking From amounts reserved under section 2201(2) and inserting From amounts appropriated to carry out this section . (5) Technical amendments (A) Section 2231(a) of that Act ( 20 U.S.C. 6661(a) ) is amended, in the matter preceding paragraph (1) by striking section 2201(3) and inserting section 2201(2) . (B) Section 2241 of that Act ( 20 U.S.C. 6671 ) is amended, in the matter preceding paragraph (1), by striking section 2201(4) and inserting section 2201(3) . (b) Formula Grants to States Section 2101 of that Act ( 20 U.S.C. 6611 ) is amended— (1) in subsection (c)(4)(B)— (A) by redesignating clauses (xiv) through (xxi) as clauses (xvi) through (xxiii), respectively; (B) by striking clause (xiii) and inserting the following: (xiii) Supporting and improving effective school libraries that involve collaboration with State-certified school librarians. ; and (C) by inserting after clause (xiii) the following: (xiv) Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting, hiring, and retaining State-certified school librarians. (xv) Providing training to school librarians, teachers, and school leaders on how to leverage effective school libraries for academic achievement, digital literacy, information literacy, and student and family engagement. ; and (2) in subsection (d)(3)(A), by inserting (including school librarians) after teachers . (c) LEARN Purposes and Definitions Section 2221(b) of that Act ( 20 U.S.C. 6641(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (K), by striking and after the semicolon; (B) in subparagraph (L), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (M) provides opportunities for children to develop digital literacy and information literacy skills. ; and (2) in paragraph (2)(C), by inserting public libraries, or pediatric literacy programs after which may include early childhood education programs . (d) Comprehensive literacy State development grants Section 2222 of that Act ( 20 U.S.C. 6642 ), as amended by subsection (a)(3), is further amended— (1) in subsection (d)— (A) in paragraph (1), by striking and the State agency responsible for administering child care programs and inserting the State agency responsible for administering child care programs in the State, and the State library administrative agency ; and (B) in paragraph (2)(A), by inserting , diverse high quality print materials, and effective school libraries, after teachers of literacy ; and (2) in subsection (f)(2)— (A) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (B) by inserting after subparagraph (A) the following: (B) Providing technical assistance to eligible entities in the development of effective school libraries, which may include establishing a statewide office to coordinate technical assistance for such libraries. . (e) Subgrants to eligible entities in support of birth through kindergarten entry literacy Section 2223(a)(1) of that Act ( 20 U.S.C. 6643(a)(1) ) is amended by inserting the State library administrative agency, before and, if applicable, . (f) Innovative approaches to literacy Section 2226(a) of that Act ( 20 U.S.C. 6646(a) ), as amended by subsection (a)(4), is further amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: (2) increasing the number of State-certified school librarians supporting students in high need schools; . (g) Local uses of funds Section 2103(b)(3) of that Act ( 20 U.S.C. 6613(b)(3) ) is amended by striking subparagraph (K) and inserting the following: (K) programs and activities to support and improve effective school libraries that involve collaboration with State-certified school librarians, such as efforts to promote and support digital literacy, information literacy, extended student inquiry, and capstone projects; . 5. Amendments to title IV (a) State use of funds Section 4104(b)(3)(A)(i) of that Act ( 20 U.S.C. 7114(b)(3)(A)(i) ) is amended— (1) by redesignating subclauses (VI) and (VII) as subclauses (VII) and (VIII), respectively; and (2) by inserting after subclause (V) the following: (VI) digital literacy and information literacy activities and programs, including those provided through effective school libraries; . (b) Activities To support well-Rounded educational opportunities Section 4107(a)(3) of that Act ( 20 U.S.C. 7117(a)(3) ) is amended— (1) by redesignating subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively; and (2) by inserting after subparagraph (H) the following: (I) programs and activities the promote the development of digital literacy and information literacy skills, including those provided through an effective school library; . 6. Data collection and reporting on school libraries (a) Data collection The Secretary of Education shall direct the National Center for Education Statistics to annually collect data on elementary school and secondary school libraries. (b) Elements The data collected annually under subsection (a) shall include— (1) the number and percentage of elementary schools and secondary schools in each State that have dedicated school library facilities located on the grounds of the school and the square footage of each such library facility; (2) the number and percentage of schools counted under paragraph (1) that employ at least one full-time State-certified school librarian; (3) the number and types of physical collections or assets the school library has; (4) the number and types of virtual collections or databases the school library has access to; (5) the number and types of student use devices connected to high-speed internet; (6) the amount of time certified school librarians spend planning with teachers and instructing students; (7) the amount of time certified school librarians spend planning for and providing professional development for teachers; (8) the number of additional library staff; and (9) other pertinent information that the Secretary of Education determines is important in order to support effective school libraries. (c) Report to Congress Not later than one year after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes the data collected under this section. (d) ESEA terms In this section, the terms elementary school and secondary school have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year. 7. Limitation on liability for teachers (a) In General Section 8556 of that Act ( 20 U.S.C. 7946 ) is amended— (1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (2) by inserting after subsection (a) the following: (b) Liability protections related to the right To read No teacher or school librarian shall be liable for harm caused by an act or omission of the teacher or school librarian if the actions of the teacher or school librarian were carried out in conformity with the right to read. ; (3) in subsection (a), in the matter preceding paragraph (1), by striking subsection (b) and inserting subsection (c) ; (4) in subsection (c)(3), as redesignated by paragraph (1), by striking A State law that and inserting Except with respect to subsection (b), a State law that ; and (5) in subsection (f), as redesignated by paragraph (1)— (A) in paragraph (1), by striking Nothing in this section and inserting Except with respect to subsection (b), nothing in this section ; and (B) in paragraph (2), by striking Nothing in this subpart and inserting Except with respect to subsection (b), nothing in this subpart . (b) Preemption and election of State nonapplicability Section 8555(b) of that Act ( 20 U.S.C. 7945(b) ) is amended by striking This subpart shall not apply and inserting Except for section 8556(b), this subpart shall not apply . 8. Protecting First Amendment rights in school libraries Subpart 2 of part F of title VIII of that Act ( 20 U.S.C. 7901 et seq. ) is amended by adding at the end the following: 8549D. Protecting First Amendment rights in school libraries The Secretary shall require an assurance from each State and local educational agency receiving funds under this Act confirming that the State or local educational agency— (1) understands the importance of First Amendment protections in school libraries as centers for voluntary inquiry and the dissemination of information and ideas; and (2) is aware of the responsibility to respect those protections in accordance with Board of Education, Island Trees Union Free School District No. 26 v. Pico by Pico, 457 U.S. 853 (1982). . | https://www.govinfo.gov/content/pkg/BILLS-117s5064is/xml/BILLS-117s5064is.xml |
117-s-5065 | II 117th CONGRESS 2d Session S. 5065 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Reed (for himself, Ms. Warren , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for institutional risk-sharing in the Federal student loan programs.
1. Short title This Act may be cited as the Protect Student Borrowers Act of 2022 . 2. Purpose The purpose of this Act is to protect student loan borrowers and taxpayers by requiring institutions of higher education to assume some of the costs of default for student loans under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ). 3. Institutional rebates to the Department of Education for defaulted loans Section 454 of the Higher Education Act of 1964 ( 20 U.S.C. 1087d ) is amended— (1) in subsection (a)— (A) in paragraph (5), by striking and after the semicolon; (B) in paragraph (6), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (7) provide that the institution accepts the institutional risk-sharing requirements under subsection (d), if applicable. ; and (2) by adding at the end the following: (d) Institutional risk-Sharing for student loan defaults (1) In general Subject to paragraph (3), each institution of higher education participating in the direct student loan program under this part for a fiscal year that has a rate of participation in such program for all students enrolled at that institution for such fiscal year that is 33 percent or higher or a cohort repayment rate of 50 percent or lower shall remit, at such times as the Secretary may specify, a risk-sharing payment based on a percentage of the volume of student loans under this part that are in default, as determined under paragraph (2). (2) Determination of risk-sharing payments Subject to paragraph (3), with respect to each fiscal year, an institution of higher education described in paragraph (1) that has a cohort default rate (as defined in section 435(m))— (A) that is 20 percent or higher for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 20 percent of the total amount owed on loans by borrowers from the covered cohort that are in default; (B) that is lower than 20 percent but not lower than 15 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 15 percent of the total amount owed on loans by borrowers from the covered cohort that are in default; (C) that is lower than 15 percent but not lower than 10 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 10 percent of the total amount owed on loans by borrowers from the covered cohort that are in default; or (D) that is lower than 10 percent but not lower than 5 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 5 percent of the total amount owed on loans by borrowers from the covered cohort that are in default. (3) Waiver and reduced risk-sharing payments (A) Waiver The Secretary shall waive the risk-sharing payments described in paragraph (1) for an institution described in paragraph (2)(D) that meets the requirements of this paragraph. (B) Reduced risk-sharing payments If an institution has in place a student loan management plan described in subparagraph (D) that is approved by the Secretary, the Secretary shall reduce the total annual amount of risk-sharing payments as follows: (i) With respect to an institution with a cohort default rate described in paragraph (2)(A), the risk-sharing payment shall be in an amount that is equal to 15 percent of the total amount owed on loans by borrowers from the covered cohort that are in default. (ii) With respect to an institution with a cohort default rate described in paragraph (2)(B), the risk-sharing payment shall be in an amount that is equal to 10 percent of the total amount owed on loans by borrowers from the covered cohort that are in default. (iii) With respect to an institution with a cohort default rate described in paragraph (2)(C), the risk-sharing payment shall be in an amount that is equal to 5 percent of the total amount owed on loans by borrowers from the covered cohort that are in default. (C) Continuation of waiver or reduced payments An institution that receives a waiver under subparagraph (A) or a reduced risk-sharing payment under subparagraph (B) may receive a waiver or reduced payment for a subsequent fiscal year only if the Secretary determines that the institution is making satisfactory progress in carrying out the student loan management plan described in subparagraph (D), including evidence of the effectiveness of the individualized financial aid counseling for students. (D) Student loan management plan An institution that seeks a waiver or reduction of its risk-sharing payment, shall develop and carry out a student loan management plan that shall include an analysis of the risk factors correlated with higher student loan defaults that are present at the institution and actions that the institution will take to address such factors. Such plan shall include individualized financial aid counseling for students and strategies to minimize student loan default and delinquency. (E) Waiver or reduction for certain institutions In addition to the other risk-sharing payment waivers and reductions described in this paragraph, the Secretary may waive or reduce risk-sharing payments if— (i) an institution is eligible under— (I) part A or part B of title III; or (II) title V; and (ii) the Secretary determines that— (I) the institution is making satisfactory progress in carrying out the institution’s student loan management plan described under subparagraph (D); and (II) granting a waiver or reduction of risk-sharing payments would be in the best financial interest of students at the institution. (4) Prohibition An institution of higher education shall not deny admission or financial aid to a student who otherwise meets the admission requirements of the institution based on such student having a risk factor associated with higher student loan default rates, such as those described in section 456(c)(1)(C). (5) Fund for the deposit of risk-sharing payments (A) In general There is established in the Treasury of the United States a separate account for the deposit of risk-sharing payments collected under this subsection for the purpose of reducing student loan debt, delinquency, and default. The Secretary shall deposit any payments collected pursuant to this subsection into such fund. (B) Use of funds Of the amounts in the fund described in subparagraph (A), for each fiscal year— (i) not more than 50 percent of such amounts shall be made available to the Secretary to enter into contracts or cooperative agreements for delinquency and default prevention or rehabilitation under section 456(c); and (ii) the Secretary shall reserve the remainder of such amounts for a Supplemental Federal Grant fund that shall be used to award grants to students— (I) who are eligible for a Federal Pell Grant; and (II) who attend an institution— (aa) that participates in the direct student loan program under this part; (bb) in which not less than 33 percent of the students enrolled at the institution have received a Federal Pell Grant; and (cc) that is not subject to the risk-sharing payments under this subsection. (C) Supplemental Federal Grant Eligibility for a Federal Pell Grant, including the duration of eligibility and the amount of a Federal Pell Grant, shall not be affected by receipt of a Supplemental Federal Grant. (6) Applicability The Secretary shall carry out this subsection beginning with the cohort default rate for the 2024 cohort and the repayment rate for the 2024 cohort. The 2024 cohort shall include current and former students who enter repayment in fiscal year 2024. (7) Report to congress The Secretary shall report on an annual basis to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives the following information: (A) A list of institutions that have been subject to risk-sharing payments in the previous year. (B) The required risk-sharing payment from such institutions. (C) The amount of risk-sharing payments collected from such institutions. (D) A list of the institutions that have received waivers from the risk-sharing payment and the reason for such waiver. (E) A list of the institutions that have received reductions in the required risk-sharing payment. (F) The use of funds deposited from risk-sharing payments, including— (i) the amount reserved for contracts or cooperative agreements for delinquency and default prevention or rehabilitation; (ii) a list of contracts or cooperative agreements entered into for delinquency and default prevention or rehabilitation; (iii) information on the performance of such contracts or cooperative agreements; (iv) the amount reserved for the Federal Pell Grant program; and (v) a list of institutions for which students in attendance at the institution are eligible for the increased maximum Federal Pell Grant under paragraph (5)(B)(ii) and the amount of such increase. (8) Definitions In this subsection: (A) Covered cohort In this paragraph, the term covered cohort means the cohort with respect to which the cohort default rate was calculated. (B) Repayment rate The term repayment rate means, for any fiscal year, the percentage of student and parent borrowers who have Federal student loans for attendance at the institution who entered repayment on those loans in the second preceding fiscal year who have paid at least $1 of the principle balance of the borrower’s Federal student loans received for attendance at the institution within 3 years of entering repayment. In the case of a loan for a student who has attended and borrowed at more than one institution, the borrower (and such borrower's subsequent repayment or default) is attributed to each institution for attendance at which the borrower received a loan that entered repayment in the fiscal year. . 4. Contracts and cooperative agreements Section 456 of the Higher Education Act of 1965 ( 20 U.S.C. 1087f ) is amended by adding at the end the following: (c) Contracts and cooperative agreements for delinquency and default prevention and for default rehabilitation The Secretary may enter into contracts or cooperative agreements for— (1) statewide or institutionally based programs for the prevention of Federal student loan delinquency and default at institutions of higher education that— (A) have a high cohort default rate as defined under section 435(m); (B) have a low repayment rate (as defined in section 454(d)); or (C) serve large numbers or percentages of student loan borrowers who have a risk factor associated with higher default rates on Federal student loans under this title, such as coming from a low-income family, being a first generation postsecondary education student, not having a secondary school diploma, or having previously defaulted on, and rehabilitated, a loan made under this title; and (2) increasing the number of borrowers who successfully repay their loans. . 5. Financial responsibility Section 498(c)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1099c(c)(1) ) is amended by striking subparagraph (C) and inserting the following: (C) to meet all of its financial obligations, including institutional risk-sharing payments, refunds of institutional charges, and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary. . 6. Cohort default rate, repayment rate, and other amendments (a) Requirements for disbursement of student loans Section 428G of the Higher Education Act of 1965 ( 20 U.S.C. 1078–7 ) is amended— (1) in subsection (a), by striking paragraph (4) and inserting the following: (4) Amendments to the special rule (A) Prior to fiscal year 2024 Beginning on October 1, 2011, and ending on September 30, 2023, the special rule under paragraph (3) shall be applied by substituting 15 percent for 10 percent . (B) Beginning for fiscal year 2024 Beginning on October 1, 2023, the special rule under paragraph (3) shall be applied by substituting 5 percent for 10 percent . ; and (2) in subsection (b), by striking paragraph (3) and inserting the following: (3) Amendment to cohort default rate exemption (A) Prior to fiscal year 2024 Beginning on October 1, 2011, and ending on September 30, 2023, the exemption to the requirements of paragraph (1) in the second sentence of such paragraph shall be applied by substituting 15 percent for 10 percent . (B) Beginning for fiscal year 2024 Beginning on October 1, 2023, the exemption to the requirements of paragraph (1) in the second sentence of such paragraph shall be applied by substituting 5 percent for 10 percent . . (b) Default management plan for program participation agreements Section 487(a)(14)(C) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(14)(C) ) is amended by striking 10 percent and inserting 5 percent each place the term appears. (c) Program review and data Section 498A(a)(2)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1099c–1(a)(2)(A) ) is amended by striking in excess of 25 percent and inserting in excess of 20 percent . (d) Definitions for student loan insurance program Section 435 of the Higher Education Act of 1965 ( 20 U.S.C. 1085 ) is amended— (1) in subsection (a)(2)(B)— (A) in clause (iii), by striking and after the semicolon; (B) in clause (iv), by striking and any succeeding fiscal year. and inserting through fiscal year 2023; and ; and (C) by adding at the end the following: (v) 20 percent for fiscal year 2024 and any succeeding fiscal year. ; and (2) in subsection (m)(1)— (A) in subparagraph (A), in the first sentence, by inserting and beginning for the cohort that enters repayment in 2024, including borrowers who enter repayment on Federal Direct PLUS Loans (including for student and parent borrowers) received for attendance at the institution after loans under section 428, 428A, or 428H, received for attendance at the institution, ; and (B) by adding at the end the following: (D) Beginning for the cohort that enters repayment in 2024, references in this subsection to a student or former student shall be considered to include a parent who is a borrower of a Federal Direct PLUS Loan. . | https://www.govinfo.gov/content/pkg/BILLS-117s5065is/xml/BILLS-117s5065is.xml |
117-s-5066 | II 117th CONGRESS 2d Session S. 5066 IN THE SENATE OF THE UNITED STATES September 29, 2022 Ms. Murkowski (for herself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To designate Mount Young in the State of Alaska, and for other purposes.
1. Short title This Act may be cited as the Don Young Recognition Act . 2. Findings Congress finds that— (1) on June 9, 1933, Donald Edwin Young was born to James Young and Nora (Bucy) Young in Meridian, California; (2) Don Young earned— (A) an associate degree from Yuba Junior College; and (B) a bachelor's degree in teaching from Chico State University; (3) from 1955 to 1957, Don Young began decades of service to the United States when he served in the Army as part of the 41st Tank Battalion; (4) in 1959, Don Young moved to Alaska and found his true home in the village of Fort Yukon, which is located 7 miles above the Arctic Circle; (5) Don Young met and married the first love of his life, Lula Lu Young, in Fort Yukon; (6) Don and Lu Young had— (A) 2 wonderful daughters, Joni and Dawn (Sister); and (B) 14 grandchildren; (7) Don Young— (A) taught fifth grade at a school run by the Bureau of Indian Affairs during the winter; and (B) during the warmer months, worked— (i) in construction, mining, fishing, and trapping; and (ii) as a tugboat captain; (8) Don Young— (A) was elected mayor of Fort Yukon in 1964; and (B) served as mayor of Fort Yukon until 1967; (9) Don Young was elected to and served in— (A) the Alaska House of Representatives from 1967 to 1970; and (B) the Alaska State Senate from 1970 to 1973; (10) Don Young— (A) was elected to the House of Representatives in 1973 in a special election; and (B) served 24 additional consecutive terms in the House of Representatives; (11) Representative Don Young served as— (A) the Chair of the Committee on Natural Resources of the House of Representatives from 1995 to 2001; and (B) the Chair of Committee on Transportation and Infrastructure of the House of Representatives from 2001 to 2007; (12) Representative Don Young was a champion for Alaska Natives, including as Chair of the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives; (13) Representative Don Young— (A) fiercely defended Alaska and Alaskans as the sole Representative for the largest State in the United States; and (B) devoted himself to fulfilling the immense promise of his home State; (14) Representative Don Young was a leader in strengthening the role of Alaska in providing for the national defense of the United States through his— (A) support for— (i) the Coast Guard; (ii) the Alaskan Command; and (iii) the ballistic missile defense; and (B) steadfast commitment to the leadership of the United States in the Arctic; (15) Representative Don Young— (A) sponsored not fewer than 85 bills that were enacted into Federal law; and (B) sponsored and cosponsored many more measures that were part of broader legislation; (16) legislative achievements by Representative Don Young span the policy spectrum, from authorizing the construction of the Trans-Alaska Pipeline System to important amendments and the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); (17) Representative Don Young authored and advocated for generational laws, including— (A) the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) in 1975; (B) the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) in 1976; (C) the National Wildlife Refuge System Improvement Act of 1997 ( Public Law 105–57 ; 111 Stat. 1252) in 1997; (D) SAFETEA–LU ( Public Law 109–59 ; 119 Stat. 1144) in 2005; (E) the Multinational Species Conservation Funds Reauthorization Act of 2007 ( Public Law 110–132 ; 121 Stat. 1360) in 2007; and (F) the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 429) in 2021; (18) Representative Don Young— (A) formed strong relationships and friendships with Members of Congress on both sides of the aisle; and (B) proudly worked with 10 different Presidents; (19) in 2015, Representative Don Young married his second love, Anne Garland Walton, in the United States Capitol; (20) on December 5, 2017, Representative Don Young became the 45th Dean of the House of Representatives, reflecting his status as the most senior Member of the House of Representatives; (21) Representative Don Young was the longest-serving Republican in the history of Congress; and (22) Representative Don Young ultimately served the 49th State with dedication and distinction for 49 years and 13 days, which is more than 3/4 of the period during which Alaska has been a State. 3. Designation of Mount Young, Alaska (a) Designation Not later than 30 days after the date of enactment of this Act, the Board on Geographic Names shall designate the 2,598-foot volcanic peak known as Mount Cerberus located at 51.93569°N, 179.5848°E, on Semisopochnoi Island in the State of Alaska as Mount Young . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the mountain peak described in subsection (a) shall be deemed to be a reference to Mount Young . 4. Designation of Don Young Alaska Job Corps Center (a) Designation The Job Corps center located at 800 East Lynn Martin Drive in Palmer, Alaska, shall be known and designated as the Don Young Alaska Job Corps Center . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Job Corps center described in subsection (a) shall be deemed to be a reference to the Don Young Alaska Job Corps Center . 5. Designation of Don Young Federal Office Building (a) Designation The Federal office building located at 101 12th Avenue in Fairbanks, Alaska, shall be known and designated as the Don Young Federal Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal office building described in subsection (a) shall be deemed to be a reference to the Don Young Federal Office Building . | https://www.govinfo.gov/content/pkg/BILLS-117s5066is/xml/BILLS-117s5066is.xml |
117-s-5067 | II 117th CONGRESS 2d Session S. 5067 IN THE SENATE OF THE UNITED STATES October 11, 2022 Mr. King (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide that no Federal funds shall be appropriated, awarded, or granted to the Monterey Bay Aquarium.
1. Short title This Act may be cited as the Red Listing Monterey Bay Aquarium Act . 2. Findings Congress finds as follows: (1) Lobstering has served as an economic engine and family tradition in Maine and the other New England States for centuries. (2) The lobster fishery supports thousands of families who make their livelihoods from catching, processing, or serving lobsters, employing people of all ages year-round, with many harvesters beginning as children and staying in the industry for their entire working lives. (3) Maine’s lobster fishery alone has an estimated ex-vessel value of $725,000,000, generating more than $1,000,000,000 in economic activity and supporting more than 15,500 jobs throughout the supply chain. (4) The lobster industry has spearheaded sustainability measures for more than 150 years, ensuring the health of the lobster stock and the marine environment through the following: (A) In 1872, Maine passed the first law banning taking of egg-bearing female lobster. (B) In 1874, Maine passed the first laws regulating the minimum size of lobster that could be harvested. (C) In 1948, Maine passed a requirement that fishermen mark female, egg-bearing lobsters with a V-shaped notch. (D) In 1997, Maine lobstermen removed all surface floating rope and, in 2009, replaced an estimated 27,000 miles of floating line with whale-safe sinking lines. (E) In 2015, Maine lobstermen adjusted their gear in certain areas to a newly required minimum number of traps per buoy, reducing the amount of vertical rope present in the water by an additional 3,000 miles. (F) In 2022, lobstermen converted their gear once again, including more weak links , more weak rope , and more traps per buoy, to further reduce vertical line in the water column, in additional to removing nearly 1,000 miles of gear from prime fishing grounds. (5) These measures are the reason why there has never been a serious injury or death of the endangered North Atlantic right whale attributed to the Maine lobster fishery and there has not been a known right whale entanglement with Maine lobster gear since 2004. (6) According to the National Oceanic and Atmospheric Administration, the majority of known right whale deaths since 2017 have been attributed to vessel strikes in Canada and of the 33 right whale mortalities occurring between 2017 and 2020, 24 of those whales were confirmed to be attributed to entanglements in Canadian fishing gear and vessel strikes in Canadian waters. (7) Despite these facts, Monterey Bay Aquarium’s Seafood Watch program added the American lobster fishery to a red list of seafood that consumers should avoid due to the risk that the fishery poses to right whales. (8) This red list designation for American lobster by Seafood Watch is speculative and conjecture, not supported by the data or the science as they state in their report, until there is more specific information available regarding which fisheries are responsible for the unattributed entanglements, Seafood Watch considers that all relevant fisheries that may overlap with North Atlantic right whales pose risks . (9) In their own press release announcing the red listing for American lobster, Seafood Watch states, More than 90% of entanglements cannot be linked to a specific gear type, and only 12% of entanglements can be linked to a specific location. . (10) Monterey Bay Aquarium ignores the efforts by the lobster industry to reduce their risk to right whales for the past 150 years, admitting in their report that effects on mitigation of whale entanglement have yet to be determined . (11) This new, unsubstantiated designation has a real world impact; with the lobster industry already facing challenges, the inaccurate designation will hurt the thousands of hardworking lobstermen, their families, and businesses across Maine and has already prompted seafood retailers such as Blue Apron and HelloFresh to pull lobster from their menus. (12) Monterey Bay’s Seafood Watch Program has produced recommendations that rely on pseudoscientific claims and false assumptions that ignore scientific principles that should underpin any legitimate ratings and, by ignoring the facts, Seafood Watch is not encouraging safe fishing, but rather damaging the reputation of its certification process by smearing an entire industry and misleading consumers. (13) Monterey Bay Aquarium receives millions of Federal taxpayer dollars for scientific research and to promote ocean conservation and seafood sustainability, yet the Monterey Bay Aquarium has irresponsibly ignored scientific facts and the lobster fishery’s history of sustainability. 3. Prohibition on Federal funding for the Monterey Bay Aquarium No Federal funds shall be appropriated, awarded, or granted to the Monterey Bay Aquarium. | https://www.govinfo.gov/content/pkg/BILLS-117s5067is/xml/BILLS-117s5067is.xml |
117-s-5068 | II 117th CONGRESS 2d Session S. 5068 IN THE SENATE OF THE UNITED STATES October 11, 2022 Mr. King (for Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Northwestern New Mexico Rural Water Projects Act to make improvements to that Act, and for other purposes.
1. Short title This Act may be cited as the Navajo-Gallup Water Supply Project Amendments Act of 2022 . 2. Definitions Section 10302 of the Northwestern New Mexico Rural Water Projects Act ( 43 U.S.C. 407 note; Public Law 111–11 ) is amended— (1) by redesignating paragraphs (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), (29), and (30) as paragraphs (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (28), (29), (30), (31), (32), and (33), respectively; (2) by inserting after paragraph (11) the following: (12) Deferred Construction Fund The term Deferred Construction Fund means the Navajo Nation's Navajo-Gallup Water Supply Project Deferred Construction Fund established by section 10602(i)(1)(A). ; (3) in paragraph (14) (as so redesignated)— (A) in the paragraph heading, by striking Draft and inserting Final Environmental ; (B) by striking Draft Impact and inserting Final Environmental ; (C) by striking draft environmental and inserting final environmental ; and (D) by striking March 2007 and inserting July 6, 2009 ; (4) in paragraph (19) (as so redesignated), by striking Draft and inserting Final Environmental ; (5) by inserting after paragraph (25) (as so redesignated) the following: (26) Project Service Area The term Project Service Area means the area that encompasses the 43 Nation chapters, the southwest portion of the Jicarilla Apache Reservation, and the City that is identified to be served by the Project, as illustrated in figure IV–5 (Drawing No. 1695–406–49) of the Final Environmental Impact Statement. (27) San Juan Generating Station The term San Juan Generating Station means the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico. ; and (6) by adding at the end the following: (34) Working Cost Estimate The term Working Cost Estimate means the Bureau of Reclamation document entitled NGWSP October 2020 WCE and dated May 20, 2021, that details the costs totaling $1,705,174,000, at the October 2020 price level, of the Project, as configured on that date. . 3. Navajo-Gallup water supply project (a) Authorization of Navajo-Gallup water supply project Section 10602 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1379) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking In general and inserting Authorization ; (B) by striking The Secretary and inserting the following: (1) In general The Secretary ; (C) in paragraph (1) (as so designated), by striking Draft Impact Statement and inserting Final Environmental Impact Statement, as further refined in, and including the facilities identified in, the Working Cost Estimate and any subsequent supplemental documents prepared in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). ; and (D) by adding at the end the following: (2) Additional service areas (A) Findings Congress finds that— (i) expanding the Project Service Area would create opportunities to increase service for additional Nation Tribal members and would not increase the cost of the Project beyond authorization levels described in section 10609(a); and (ii) the unit operations and maintenance costs of the Project would be reduced by adding more customers to the Project. (B) Authorizations for additional Project Service Areas (i) New Mexico In addition to delivering water supply from the Project to the Nation communities in the San Juan River Basin, the Nation may expand the Project Service Area in order to deliver water supply from the Project to communities of the Nation within the Rio San Jose Basin, New Mexico. (ii) Arizona In addition to delivering water supply from the Project to the Nation communities of Fort Defiance and Window Rock, Arizona, and subject to section 10603(c)(1), the Nation may expand the Project Service Area in order to deliver water supply from the Project to the Nation community of Lupton, Arizona, within the Little Colorado River Basin, Arizona. ; (2) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by inserting acquire, before construct, ; and (ii) by striking Draft Impact Statement and inserting Final Environmental Impact Statement, as further refined in, and including the facilities identified in, the Working Cost Estimate and any subsequent supplemental documents prepared in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) ; (B) by striking paragraph (1) and inserting the following: (1) San Juan Generating Station (A) In general The water conveyance and storage facilities associated with the San Juan Generating Station, including the diversion dam, the intake structure, the river pumping plant, the pipeline from the river to the reservoir, the dam and associated reservoir, the power line between the river and reservoir, and any associated land, rights-of-way, easements, or ancillary features. (B) Waiver of appraisal Notwithstanding any other provision of law, the Secretary may waive an appraisal relating to the acquisition of the water conveyance and storage facilities associated with the San Juan Generating Station described in subparagraph (A). ; (C) in paragraph (2)(A)— (i) by striking River near Kirtland, New Mexico, and inserting Generating Station Reservoir ; and (ii) by inserting generally before follows United States Highway 491 ; (D) in paragraph (3)(A), by inserting generally before follows United States Highway 550 ; and (E) in paragraph (5), by inserting (including any reservoir facility) after treatment facility ; (3) in subsection (c)— (A) in the subsection heading, by inserting and Facilities after Land ; (B) in paragraph (1), by striking any land or interest in land that is and inserting any land or facilities, or interest in land or facilities, that are ; and (C) by adding at the end the following: (4) Land to be taken into trust (A) In general On satisfaction of the conditions described in paragraph (7) of the Agreement and after the requirements of sections 10701(e) and 10703 are met, the Secretary shall take legal title to the following land and, subject to subparagraph (D), hold that land in trust for the benefit of the Nation: (i) Fee land of the Nation, including— (I) the parcels of land on which the Tohlakai Pumping Plant, Reach 12A and Reach 12B, are located, including, in McKinley County, New Mexico— (aa) sec. 5, T. 16 N., R. 18 W., New Mexico Prime Meridian; and (bb) sec. 33, T. 17 N., R. 17 W., New Mexico Prime Meridian (except lot 9 and the NW 1/4 of lot 4); (II) the parcel of land on which Reach 12.1 is located, including— (aa) NW 1/4 and SW 1/4 sec. 5, T. 16 N., R. 18 W.; (bb) N 1/2 sec. 11, T. 16 N., R. 19 W.; and (cc) sec. 12, T. 16 N., R. 20 W.; and (III) the parcel of land on which Reach 12.2 is located, including NW 1/4 . sec. 2, T. 16 N., R. 21 W. (ii) Public domain land managed by the Bureau of Land Management, including— (I) the parcel of land on which the Cutter Lateral Water Treatment Plant is located, including S 1/2 sec. 9, T. 25 N., R. 9 W., New Mexico Prime Meridian; and (II) the parcel of land on which the Navajo Agricultural Products Industry turnout is located, including NW 1/4 and NE 1/4 sec. 34, T. 26 N., R. 9 W., New Mexico Prime Meridian. (iii) Public domain land managed by the Bureau of Reclamation, including the land underlying the San Juan Generating Station facilities acquired by the United States. (B) Part of Navajo Nation The land taken into trust under subparagraph (A) shall be part of the Navajo Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for the benefit of an Indian Tribe. (C) Limitations The land taken into trust under subparagraph (A) shall be subject to valid existing rights, contracts, and management agreements, including easements and rights-of-way. (D) Savings clause Nothing in this paragraph affects any— (i) water right of the Nation in existence on the day before the date of enactment of the Navajo-Gallup Water Supply Project Amendments Act of 2022 ; and (ii) right or claim of the Nation to any land or interest in land in existence on the day before the date of enactment of the Navajo-Gallup Water Supply Project Amendments Act of 2022 . ; (4) in subsection (d)(1)(D), by striking Draft and inserting Final Environmental ; (5) in subsection (e)— (A) by striking The Secretary and inserting the following: (1) In general The Secretary ; and (B) by adding at the end the following: (2) Renewable energy and hydroelectric power (A) Renewable energy For any portion of the Project that does not have access to Colorado River Storage Project power, the Secretary may use not more than $6,250,000 of the amounts made available under section 10609(a)(1) to develop renewable energy. (B) Hydroelectric power Notwithstanding whether a Project facility has access to Colorado River Storage Project power, the Secretary may use not more than $1,250,000 of the $6,250,000 authorized to be used to develop renewable energy under subparagraph (A) to develop hydroelectric power for any Project facility that can use hydraulic head to produce electricity. ; (6) in subsection (h)(1), in the matter preceding subparagraph (A), by inserting , store, after treat ; and (7) by adding at the end the following: (i) Deferred construction of Project facilities (1) Deferred construction of Project facilities On mutual agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, construction of selected Project facilities may be deferred to save operation and maintenance expenses associated with that construction. (2) Deferred Construction Fund (A) Establishment There is established in the Treasury a fund, to be known as the Navajo Nation’s Navajo-Gallup Water Supply Project Deferred Construction Fund , to consist of— (i) amounts that correspond to portions of the Project that have been deferred under paragraph (1); and (ii) any interest or other gains on amounts referred to in clause (i). (B) Use of the Deferred Construction Fund The Nation may use amounts in the Deferred Construction Fund— (i) to construct Project facilities that have been deferred under paragraph (1); or (ii) to construct alternate facilities agreed on under subparagraph (C). (C) Alternate facilities consistent with the purpose of the Project On agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, and in compliance with all applicable environmental and cultural resource protection laws, facilities other than those previously agreed to be deferred under paragraph (1) may be constructed if those alternate facilities are consistent with the purposes of the Project described in section 10601. (3) Amounts to be deposited Funds allocated from the amounts made available under section 10609(a)(1) to build facilities referred to in paragraph (1) shall be deposited into the Deferred Construction Fund. (4) Adjustments On deposit of amounts into the Deferred Construction Fund under paragraph (3), the adjustments to authorized appropriations under section 10609(a)(2) shall no longer apply to those amounts. (5) Deadline to construct Project facilities On deposit of all amounts into the Deferred Construction Fund for construction of Project facilities agreed on under paragraph (1), the Secretary shall be deemed to have met the obligation under section 10701(e)(1)(A)(ix). (6) Future construction of Project facilities On agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, the Nation shall use amounts deposited into the Deferred Construction Fund to construct— (A) Project facilities deferred under paragraph (1); or (B) alternate Project facilities described in paragraph (2)(C). . (b) Delivery and use of Navajo-Gallup water supply project water Section 10603(a)(3)(B) of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1383) is amended— (1) in clause (i), by inserting or, if generated on City-owned facilities, by the City after the Nation ; and (2) in clause (ii), by inserting , except that the City shall retain all revenue from the sale of hydroelectric power that is generated on City-owned facilities after hydroelectric power . (c) Project contracts Section 10604 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1388) is amended— (1) in subsection (b)(3)— (A) in subparagraph (A), by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; (B) in subparagraph (B)— (i) in the subparagraph heading, by striking Minimum percentage and inserting Maximum percentage ; (ii) by striking at least 25 percent and inserting not more than 25 percent ; and (iii) by striking , but shall in no event exceed 35 percent ; and (C) by adding at the end the following: (C) Maximum repayment obligation The repayment obligation of the City referred to in subparagraphs (A) and (B) shall not exceed $76,000,000. ; (2) in subsection (c)(1)(B), by inserting subsection (f) and before section 10603(g) ; (3) in subsection (d)(1), by striking Draft and inserting Final Environmental ; (4) in subsection (e), by striking Draft and inserting Final Environmental ; and (5) in subsection (f)— (A) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately; (B) by inserting before subparagraph (A) (as so designated) the following: (1) Navajo Nation ; (C) in paragraph (1) (as so designated)— (i) in subparagraph (A) (as so redesignated), by striking may waive and all that follows through the period at the end and inserting shall waive, for a period of 15 years, the operation, maintenance, and replacement costs allocable to the Nation. ; (ii) in subparagraph (B) (as so redesignated)— (I) by striking paragraph (1) and inserting subparagraph (A) expires ; (II) by striking allocated ; and (III) by inserting that are allocated to the Nation after Project ; (iii) in subparagraph (C) (as so redesignated), by striking paragraph (1) and inserting subparagraph (A) ; (iv) by striking subparagraph (D) (as so redesignated) and inserting the following: (D) Antideficiency The Secretary shall not be liable for any failure to carry out any obligation or activity authorized by this subsection if adequate appropriations are not provided expressly by an Act of Congress to carry out the purposes of this subsection. ; and (v) by striking subparagraph (E) (as so redesignated) and inserting the following: (E) Termination of waiver The waiver authorized under subparagraph (A) shall terminate with respect to a section of the Project on the earlier of— (i) the date on which that section of the Project is transferred to the Nation under section 10602(f); and (ii) the date on which the waiver granted by the Secretary under that subparagraph has been in place for 15 years. ; and (D) by adding at the end the following: (2) Jicarilla Apache Nation (A) In general On the date on which the Secretary declares a section of the Project to be substantially complete and delivery of water generated by and through that section of the Project can be made to the Jicarilla Apache Nation, the Secretary shall waive, for a period of 10 years, the operation, maintenance, and replacement costs allocable to the Jicarilla Apache Nation. (B) Subsequent payment by jicarilla apache nation After a waiver under subparagraph (A) expires, the Jicarilla Apache Nation shall pay all operation, maintenance, and replacement costs of that section of the Project that are allocated to the Jicarilla Apache Nation. (C) Payment by united states Any operation, maintenance, or replacement costs waived by the Secretary under subparagraph (A) shall be paid by the United States and shall be nonreimbursable. (D) Antideficiency The Secretary shall not be liable for any failure to carry out any obligation or activity authorized by this subsection if adequate appropriations are not provided expressly by an Act of Congress to carry out the purposes of this subsection. (3) City of Gallup (A) In general On the date on which the Secretary declares a section of the Project to be substantially complete and delivery of water generated by and through that section of the Project can be made to the City, the Secretary shall waive, for a period of 10 years, the operation, maintenance, and replacement costs allocable to the City. (B) Subsequent payment by City of Gallup After a waiver under subparagraph (A) expires, the City shall pay all operation, maintenance, and replacement costs of that section of the Project that are allocated to the City. (C) Payment by united states Any operation, maintenance, or replacement costs waived by the Secretary under subparagraph (A) shall be paid by the United States and shall be nonreimbursable. (D) Antideficiency The Secretary shall not be liable for any failure to carry out any obligation or activity authorized by this subsection if adequate appropriations are not provided expressly by an Act of Congress to carry out the purposes of this subsection. . (d) Authorization of conjunctive use wells Section 10606 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1392) is amended by adding at the end the following: (i) Wells serving the City of Gallup regional water system (1) In general The Secretary shall enter into a financial assistance agreement with the City to provide funding, using amounts made available under section 10609(b)(3), for the construction or rehabilitation of wells and related pipeline facilities to provide capacity for the diversion and distribution by the City of not more than 1,500 acre feet of groundwater per year. (2) Water rights The water rights associated with any wells constructed or rehabilitated under paragraph (1)— (A) shall not be considered to be part of the Agreement; and (B) shall be considered to be already existing water rights permitted by the New Mexico State Engineer to the City for municipal and domestic uses. (3) Title to wells Title to the wells and related pipeline facilities constructed or rehabilitated in accordance with paragraph (1) shall remain with the City at all times. (4) Associated costs All operation, maintenance, and replacement costs associated with wells and related pipeline facilities constructed or rehabilitated in accordance with paragraph (1) shall be the responsibility of the City. . (e) Authorization of appropriations Section 10609 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1395) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking $870,000,000 for the period of fiscal years 2009 through 2024 and inserting $1,923,200,000 for the period of fiscal years 2009 through 2029 ; (B) by striking paragraph (2) and inserting the following: (2) Adjustments (A) In general The amount under paragraph (1) shall be adjusted by such amounts as may be required— (i) by reason of changes since October 2020 in construction cost changes in applicable regulatory standards, as indicated by engineering cost indices applicable to the types of construction involved; and (ii) to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices described in clause (i), as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (B) Deferred Construction Fund Amounts deposited in the Deferred Construction Fund shall not be adjusted pursuant to this paragraph. ; and (C) in paragraph (4)(B), by striking 10 years and inserting 15 years ; (2) in subsection (b)— (A) in paragraph (1), by striking $30,000,000, as adjusted under paragraph (3), for the period of fiscal years 2009 through 2019 and inserting $37,500,000, as adjusted under paragraph (4), for the period of fiscal years 2009 through 2032 ; (B) in paragraph (2), by striking 2024 and inserting 2032 ; (C) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; (D) by inserting after paragraph (2) the following: (3) City of Gallup wells There is authorized to be appropriated for the construction or rehabilitation and operation and maintenance of conjunctive use wells for the City $18,000,000, as adjusted under paragraph (4), for the period of fiscal years 2021 through 2029. ; (E) in paragraph (4) (as so redesignated)— (i) by striking The amount under paragraph (1) and inserting the following: (A) San Juan Wells and Wells in the Little Colorado and Rio Grande Basins The amount under paragraphs (1) and (2) ; and (ii) by adding at the end the following: (B) City of Gallup wells The amount under paragraph (3) shall be adjusted by such amounts as may be required by reason of changes since 2021 in construction costs, as indicated by engineering cost indices applicable to the types of construction or rehabilitation involved. ; (F) in paragraph (5) (as so redesignated), by striking paragraphs (1) and (2) and inserting paragraphs (1), (2), and (3) ; and (G) in paragraph (6) (as so redesignated), by striking paragraphs (1) and (2) and inserting paragraphs (1), (2), and (3) . (f) Taxation of construction, operation, and maintenance of Project facilities Part III of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1379) is amended by adding at the end the following: 10610. Taxation of construction, operation, and maintenance of Project facilities (a) Nation land Any activity constituting the construction, operation, or maintenance of Project facilities— (1) shall, if the activity takes place on land that is held in trust by the United States for the benefit of the Nation, be subject to taxation by the Nation; and (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by any State or political subdivision of a State. (b) Other land Any activity constituting the construction, operation, or maintenance of Project facilities— (1) shall, if the activity takes place on land other than the land described in subsection (a)(1), be subject to taxation by the State in which the land is located, or by a political subdivision of that State to the extent authorized by the laws of that State; and (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by the Nation. . 4. Navajo Nation water rights (a) Agreement Section 10701(e)(1)(A) of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1400) is amended— (1) in clause (ix), by striking 2024 and inserting 2029 ; and (2) by adding at the end the following: (x) Deferred Construction Fund (I) In general Not later than December 31, 2029, the United States shall make all deposits into the Deferred Construction Fund in accordance with section 10602(i)(3). (II) Project deadline On deposit of the amounts into the Deferred Construction Fund under subclause (I), even if certain Project facilities have not yet been constructed, the Secretary shall be deemed to have met the deadline described in clause (ix). . (b) Waivers and releases Section 10703 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1403) is amended— (1) in subsection (d)(1)(A), by striking 2025 and inserting 2030 ; and (2) in subsection (e)(2), in the matter preceding subparagraph (A), by striking 2025 and inserting 2030 . | https://www.govinfo.gov/content/pkg/BILLS-117s5068is/xml/BILLS-117s5068is.xml |
117-s-5069 | II 117th CONGRESS 2d Session S. 5069 IN THE SENATE OF THE UNITED STATES October 11, 2022 Mr. King (for Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, and for other purposes.
1. Short title This Act may be cited as the Speak Up to Protect Every Abused Kid Act . 2. Sense of Congress It is the sense of Congress that— (1) children are dependent on the adults in their lives, including parents, extended family, teachers, health care providers, and others in their community, to ensure their safety and well-being; (2) data from the Administration on Children and Families for 2016 indicate that 671,622 children in the United States were reported as being victims of child abuse or neglect, and 1,447 of those children died as a result of such abuse or neglect; (3) regardless of whether an adult is legally required to report child abuse and neglect, every adult who suspects or knows about child abuse or neglect has a moral duty to report such concerns to the appropriate authorities; and (4) establishing a Federal standard for the classes of individuals that State law establishes as mandated reporters will protect children and ensure greater consistency among the laws of States, while allowing States the flexibility to establish additional classes of individuals as mandated reporters. 3. Educational campaigns and training The Child Abuse Prevention and Treatment Act is amended by inserting after section 103 ( 42 U.S.C. 5104 ) the following: 103A. Educational campaigns and training (a) In general The Secretary shall make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding State laws for mandatory reporting of incidents of child abuse or neglect. (b) Guidance and information on best practices The Secretary shall develop and disseminate guidance and information on best practices for— (1) educational campaigns to educate members of the public about— (A) the acts and omissions that constitute child abuse or neglect under State law; (B) the responsibilities of adults to report suspected and known incidents of child abuse or neglect under State law; and (C) the resources available to struggling families to help prevent child abuse and neglect; and (2) evidence-based or evidence-informed training programs to improve reporting by adults of suspected and known incidents of child abuse or neglect, consistent with State law, with a focus on adults who work with children in a professional or volunteer capacity. (c) Applications To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In determining whether to make a grant under this section, the Secretary shall determine whether the educational campaign or training proposed by the entity uses practices described in the guidance and information developed under subsection (b). (d) Use of funds An entity that receives a grant under this section shall use the funds made available through the grant to carry out an educational campaign, or provide training, described in subsection (b). (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2020 and $10,000,000 for each of fiscal years 2023 through 2027. . 4. Grants to States for child abuse or neglect prevention and treatment programs Section 106(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b) ) is amended— (1) in paragraph (2)— (A) in subparagraph (B), by striking (B) an assurance and all that follows through the end of clause (i), and inserting the following: (B) an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes— (i) provisions or procedures for an individual described in paragraph (5) to report suspected or known incidents of child abuse or neglect to a State child protective service agency or to a law enforcement agency, which shall include a State law for mandatory reporting of such incidents, to either type of agency, by any individual described in paragraph (5), in accordance with paragraph (6); ; (B) in subparagraph (F), by striking ; and and inserting ; ; (C) in subparagraph (G), by striking the period at the end and inserting ; ; and (D) by inserting after subparagraph (G) the following: (H) an assurance that the State, in developing the State plan described in paragraph (1), has established procedures to ensure coordination between the State law or statewide program described in subparagraph (B) and relevant law enforcement and State or community-based victims’ services agencies to ensure that children who are the victims of acts by a perpetrator other than a parent or caretaker that would be considered child abuse or neglect under section 3(2) if the perpetrator of such act were a parent or caretaker, are referred for appropriate follow-up services, even if such children do not qualify for the protections under such State law or statewide program; (I) an assurance that the State will— (i) take primary responsibility to accept and investigate reports of known and suspected child abuse or neglect pertaining to an incident that occurred in that State, even if the child or the alleged perpetrator resides in a different State; (ii) in the case of a State that takes primary responsibility to investigate a report as described in clause (i), share the results of the investigation with the State where the child resides and with the State where the alleged perpetrator resides; and (iii) in the case of a State in which the child or alleged perpetrator resides, but where the alleged incident did not occur, establish a plan to assist the State with primary responsibility for the investigation; and (J) an assurance that the State has established procedures to screen for domestic violence in the course of investigating child abuse and that such procedures— (i) were developed in consultation with the State Domestic Violence Coalition (as defined in section 302 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10402 )) or other entity eligible for funds under section 311 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10411 ); and (ii) include training and practice requirements for investigators of child abuse where domestic violence is also present. ; and (2) by adding at the end the following: (5) Individuals required to report suspected or known child abuse or neglect To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require all of the following individuals to report suspected or known incidents of child abuse or neglect: (A) Individuals licensed or certified to practice in any health-related field licensed by the State, employees of health care facilities or providers licensed by the State, who are engaged in the admission, examination, care or treatment of individuals, including mental health and emergency medical services providers. (B) Individuals employed by a school who have direct contact with children, including teachers, administrators, and independent contractors. (C) Peace officers and law enforcement personnel. (D) Clergy, including Christian Science practitioners, except where prohibited on account of clergy-penitent privilege. (E) Day care and child care operators and employees. (F) Employees of social services agencies who have direct contact with children in the course of employment. (G) Foster parents. (H) Court appointed special advocates (employees and volunteers). (I) Camp and after-school employees. (J) An individual, paid or unpaid, who, on the basis of the individual's role as an integral part of a regularly scheduled program, activity, or service, accepts responsibility for a child. (K) Other individuals, as the applicable State law or statewide program may require. (6) Reporting requirement To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require such individuals to report suspected or known incidents of child abuse or neglect directly to the appropriate law enforcement or child welfare agency (as applicable under State law) and, if applicable, to the individual's supervisor or employer. . 5. Approaches and techniques to improve reporting (a) Eligibility Section 107(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106c(b) ) is amended— (1) in paragraph (4)— (A) in subparagraph (A), by striking and at the end; and (B) by adding at the end the following: (C) support training for adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law; and ; and (2) in paragraph (5), by inserting before the period and the training described in paragraph (4)(C) . (b) State task force study Section 107(d) of such Act ( 42 U.S.C. 5106c(d) ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period and inserting ; and ; and (3) by inserting after paragraph (2) the following: (3) evaluate the State's efforts to train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law. . (c) Adoption of recommendations Section 107(e)(1) of such Act ( 42 U.S.C. 5106c(e)(1) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period and inserting ; and ; and (3) by adding at the end the following: (D) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting of and response to suspected and known incidents of child abuse or neglect by adults to the State child protective service agencies or to law enforcement agencies. . 6. General program grants Section 108 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106d ) is amended by adding at the end the following: (f) Mandatory reporting To be eligible to receive any form of financial assistance under this title, a State shall include in the corresponding plan or application an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i). . 7. Reports Section 110 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106f ) is amended by adding at the end the following: (e) Study and report on State mandatory reporting laws (1) Study Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act , the Secretary shall collect information on and otherwise study the efforts of States relating to State laws for mandatory reporting of incidents of child abuse or neglect, in order to assess the implementation of the amendments made by that Act. (2) Report (A) In general Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act , the Secretary shall submit to the appropriate committees of Congress a report containing the findings of the study under paragraph (1). (B) Contents The report submitted under subparagraph (A) shall— (i) provide an update on— (I) implementation of State laws for mandatory reporting described in section 106(b)(2)(B)(i); and (II) State efforts to improve reporting on, and responding to reports of, child abuse or neglect; and (ii) include data regarding any changes in the rate of substantiated child abuse reports and changes in the rate of child abuse fatalities since the date of enactment of the Speak Up to Protect Every Abused Kid Act . . 8. Community-based grants Section 204 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116d ) is amended— (1) in paragraph (11), by striking and at the end; (2) in paragraph (12), by striking the period and inserting ; and ; and (3) by adding at the end the following: (13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i). . 9. Effective date (a) In general Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act. (b) Mandatory reporting requirements The amendments made by sections 4, 5(a), 6, and 8 shall apply to the applicable plans and applications submitted after the date that is 2 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5069is/xml/BILLS-117s5069is.xml |
117-s-5070 | II 117th CONGRESS 2d Session S. 5070 IN THE SENATE OF THE UNITED STATES October 11, 2022 Mr. King (for Ms. Collins (for herself and Mr. King )) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To authorize the Secretary of Agriculture to provide grants to States to address contamination by perfluoroalkyl and polyfluoroalkyl substances on farms, and for other purposes.
1. Short title This Act may be cited as the Relief for Farmers Hit with PFAS Act . 2. Definitions In this Act: (1) Agricultural land (A) In general The term agricultural land means any land that is used, or capable of use without substantial modification, for production of farm products. (B) Inclusion The term agricultural land includes irrigation water and groundwater on or associated with land described in subparagraph (A). (2) Commercial farm The term commercial farm means a farm on which a person produces any farm product with the intent that the farm product be sold or otherwise disposed of to generate income. (3) Farm product (A) In general The term farm product means any plant or animal that is useful to humans. (B) Inclusions The term farm product includes— (i) forages; (ii) sod crops; (iii) grains; (iv) food crops; (v) dairy products; (vi) poultry and poultry products; (vii) bees; (viii) livestock and livestock products; (ix) fruits; (x) berries; (xi) vegetables; (xii) flowers; (xiii) seeds; (xiv) grasses; (xv) Christmas trees; and (xvi) other similar products. (4) PFAS The term PFAS means any member of the class of fluorinated organic chemicals containing at least 1 fully fluorinated carbon atom. (5) Program The term program means the program established under section 3(a). (6) Secretary The term Secretary means the Secretary of Agriculture. (7) Septage The term septage means waste, refuse, effluent, sludge, and any other materials from septic tanks, cesspools, or any other similar facilities. (8) Sludge The term sludge means— (A) nonhazardous solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial— (i) wastewater treatment plant; (ii) water supply treatment plant; or (iii) wet process air pollution control facility; and (B) any other waste having similar characteristics and effect. 3. Establishment (a) In general The Secretary shall establish a program under which the Secretary shall provide grants to States for the purposes described in section 4. (b) Eligibility To be eligible to receive a grant under the program, a State shall contain— (1) agricultural land that contains any soil with levels above 0.3 parts per billion of PFAS; or (2) water used for the production of farm products that is above the less stringent of— (A) the most recent advisory level for PFAS established by the Administrator of the Environmental Protection Agency pursuant to section 1412(b)(1)(F) of the Safe Drinking Water Act ( 42 U.S.C. 300g–1(b)(1)(F) ); and (B) the most recent advisory level for PFAS established by that State, if applicable. (c) Applications (1) In general To receive a grant under the program, the department of agriculture or similar agency of a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Spend plan An application submitted under paragraph (1) shall contain a plan describing how the State will administer the funding received under the program, including funding priorities and oversight. (d) Set-Aside The Secretary shall provide not less than 30 percent of the total amount of grants provided under the program to 1 or more States with a population of less than 3,000,000. 4. Purposes A State may use a grant received under the program to provide funding for any of the following purposes: (1) Monitoring the health of a person, and members of the household of that person, whose agricultural land is found to be contaminated by PFAS, including blood serum testing. (2) Providing medical care to a person who— (A) works or lives on— (i) agricultural land that is found to be contaminated by PFAS; or (ii) land adjacent to land described in clause (i); or (B) is found to have— (i) blood levels of PFAS greater than the general population of the United States; or (ii) health effects associated with exposure to PFAS. (3) Relocating— (A) agricultural land that is found to be contaminated by PFAS; or (B) a commercial farm any agricultural land of which is found to be contaminated by PFAS. (4) Buying, selling, or providing compensation for agricultural land or farm products found to be contaminated by PFAS, including costs associated with the depopulation or disposal of farm products, premortem or postmortem. (5) Investing in equipment, facilities, and infrastructure to ensure that agricultural land that, or a commercial farm any agricultural land of which, is found to be contaminated by PFAS maintains profitability while the producers on the agricultural land or commercial farm, in response to the PFAS contamination— (A) transition to an alternative cropping system; or (B) implement remediation strategies (including disposal), technological adaptations, solar energy development, or other modifications to the operations of the agricultural land or commercial farm. (6) Assisting the producers on agricultural land that, or a commercial farm any agricultural land of which, is found to be contaminated by PFAS in developing an enterprise budget for— (A) alternative cropping systems; (B) remediation strategies; (C) technological adaptations; or (D) transitioning to an alternative revenue stream, including a land-use system that combines agricultural use of the land with solar energy production. (7) Providing financial assistance to a person the commercial farm of which is found to be contaminated by PFAS, including income replacement and mortgage payments. (8) Evaluating and expanding the capacity of PFAS testing and data management in the State. (9) Conducting research that— (A) supports short-term farm management decisions with respect to agricultural land that has been contaminated by PFAS; and (B) assesses future options for viable uses of agricultural land that has been contaminated by PFAS. (10) Conducting research that quantifies the impact of PFAS on commercial farms and agricultural communities in the State. (11) Conducting research on— (A) soil and water remediation systems; and (B) the viability of those systems for commercial farms. (12) Conducting research on— (A) implementing alternative cropping systems in response to PFAS contamination; (B) the PFAS uptake of various crops; (C) the use of livestock systems to mitigate exposure to, and for remediation of, PFAS; and (D) food safety criteria for food products relating to PFAS contamination. (13) Developing and implementing educational programs for owners of agricultural land, including determining best practices for— (A) informing residents about the potential of being near or on a site on which sludge or septage application was licensed or permitted by the State or the Federal Government; and (B) providing information and guidance on buying or selling agricultural land on which sludge or septage was applied. (14) Long-term monitoring of agricultural land sites contaminated by PFAS and establishing a corresponding centralized data repository. (15) Assisting commercial farms and other persons in the agricultural sector not directly affected by PFAS contamination with marketing efforts whose branding and marketing may be affected by the public perception of PFAS contamination in the State. (16) Regional planning with other States and the Federal Government to protect the food supply and farmers in the State from out-of-State PFAS contamination. (17) Testing of farm products, agricultural land, or other locations that are suspected to be contaminated with PFAS. 5. Reports Not later than March 31 following each year of the period of a grant received under the program, the department of agriculture or similar agency of a State shall submit to the Secretary a report describing— (1) the uses of the grant during the previous year, including— (A) the purposes described in section 4 for which the grant was used; (B) the amount of the grant allocated to each purpose described in section 4; and (C) the extent to which the funding received under the program, including funding priorities and oversight, was administered in accordance with the plan described in section 3(c)(2); and (2) any additional needs identified by agricultural producers in the State. 6. Task force The Secretary shall establish a task force composed of officers or employees of the Department of Agriculture— (1) to provide advice to the Secretary relating to whether addressing PFAS contamination should be added as an eligible activity under each program of the Department of Agriculture; and (2) to provide technical assistance to States in addressing PFAS contamination. 7. Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this Act $500,000,000 for the period of fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s5070is/xml/BILLS-117s5070is.xml |
117-s-5071 | II 117th CONGRESS 2d Session S. 5071 IN THE SENATE OF THE UNITED STATES October 11, 2022 Mr. Reed (for Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to require that the Strategic Petroleum Reserve only includes petroleum products produced in the United States, and for other purposes.
1. Short title This Act may be cited as the Replenishing Our American Reserves Act or the ROAR Act . 2. Definition of petroleum product under the Energy Policy and Conservation Act Section 3(3) of the Energy Policy and Conservation Act ( 42 U.S.C. 6202(3) ) is amended by inserting produced in the United States before the period at the end. 3. Objectives in determining manner of acquisition of petroleum products for the Strategic Petroleum Reserve Section 160(b)(5) of the Energy Policy and Conservation Act ( 42 U.S.C. 6240(b)(5) ) is amended by inserting domestic before petroleum industry . 4. Prohibition of sales of petroleum products withdrawn from the Strategic Petroleum Reserve to entities outside the United States Section 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ) is amended by striking subsection (i) and inserting the following: (i) Limitation Notwithstanding any other provision of law, the Secretary shall only draw down and sell petroleum products from the Reserve to entities within the United States. . | https://www.govinfo.gov/content/pkg/BILLS-117s5071is/xml/BILLS-117s5071is.xml |
117-s-5072 | II 117th CONGRESS 2d Session S. 5072 IN THE SENATE OF THE UNITED STATES October 11, 2022 Mr. King (for Mrs. Shaheen (for herself and Mr. Young )) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide for institutional ineligibility based on low cohort repayment rates and to require risk-sharing payments of institutions of higher education.
1. Short title This Act may be cited as the Student Protection and Success Act . 2. Institutional ineligibility based on low cohort repayment rate (a) In general Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e ) is amended by adding at the end the following: (r) Ineligibility due to low cohort repayment rate (1) In general Beginning with fiscal year 2025 and each succeeding fiscal year, an institution that has a cohort repayment rate that is equal to or less than 15 percent shall not be eligible to participate in a program under this part for such fiscal year and for the 2 succeeding fiscal years. (2) Appeals (A) In general An institution may appeal the loss of eligibility under this subsection to the Secretary within 30 days of receiving notification from the Secretary of the loss of eligibility under this subsection. (B) Continued participation During an appeal under subparagraph (A), the Secretary may permit the institution to continue to participate in a program under this part if the institution demonstrates to the satisfaction of the Secretary that the Secretary's calculation of its cohort repayment rate is not accurate, and that recalculation would increase its cohort repayment rate to be more than 15 percent. (C) Required payment If an institution continues to participate in a program under this part, and the institution's appeal of the loss of eligibility is unsuccessful, the institution shall be required to pay to the Secretary an amount equal to the amount of loans made by the Secretary under this part to borrowers attending, or planning to attend, that institution during the pendency of such appeal and the interest, special allowance, reinsurance, and any related payments made by the Secretary (or which the Secretary is obligated to make) with respect to such loans. (3) Cohort repayment rate (A) In general In this subsection, the term cohort repayment rate means, for any fiscal year beginning with fiscal year 2025— (i) in the case in which 30 or more borrowers at the institution enter repayment on Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, Federal Direct PLUS Loans, or Federal Direct Consolidation Loans, received for attendance at the institution, the percentage of those borrowers who are not in default and who make at least a one dollar reduction on their initial student loan principal balance before the end of the second fiscal year following the fiscal year in which the borrowers entered repayment, except as provided in subparagraph (B); and (ii) in the case in which less than 30 borrowers at the institution enter repayment on Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, Federal Direct PLUS Loans, or Federal Direct Consolidation Loans, received for attendance at the institution, the percentage of those borrowers plus all of the borrowers at the institution who entered repayment on such loans (or on the portion of a loan made under section 428C that is used to repay any such loans) in the 3 fiscal years preceding the fiscal year for which the determination is made, who are not in default and who make at least a one dollar reduction on their initial student loan principal balance before the end of the second fiscal year following the year in which the borrowers entered repayment, except as provided in subparagraph (B). (B) Exception The cohort repayment rate calculation under subparagraph (A) shall not include in the calculation a borrower who is— (i) in deferment on repayment of a loan described in subparagraph (A) due to study in an approved graduate fellowship program or in an approved rehabilitation training program for the disabled; (ii) in deferment on repayment of a loan described in subparagraph (A) during a period of at least half-time enrollment in college or a career school; (iii) in deferment on repayment of a loan described in subparagraph (A) during a period of service qualifying for loan discharge or cancellation under part E; (iv) in deferment on repayment of a loan described in subparagraph (A) due to active duty military service of the borrower during a war, military operation, or national emergency; (v) in deferment on repayment of a loan described in subparagraph (A) during the 13 months following the conclusion of qualifying active duty military service by the borrower, or until the borrower returns to enrollment on at least a half-time basis, whichever is earlier, if the borrower is a member of the National Guard or other reserve component of the Armed Forces and was called or ordered to active duty while enrolled at least half-time at an eligible school or within 6 months of having been enrolled at least half-time; (vi) in mandatory forbearance on repayment of a loan described in subparagraph (A) for the full fiscal year; or (vii) serving as a volunteer under the Peace Corps Act ( 22 U.S.C. 2501 et seq. ) or the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4950 et seq. ). (C) Publication of repayment rates The Secretary shall publish the cohort repayment rates for institutions determined under this subsection. (4) Notification Beginning with the first fiscal year for which data are available after the date of enactment of the Student Protection and Success Act and each succeeding fiscal year until fiscal year 2025, the Secretary shall notify each institution that has a cohort repayment rate that is equal to or less than 15 percent that the institution risks losing eligibility to participate in a program under this part. . (b) Ineligibility in other programs (1) Pell grants The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), as amended by the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) and the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), is amended in section 401(j)— (A) in the heading, by striking based on default rates ; (B) in paragraph (1), by inserting until fiscal year 2025 after succeeding fiscal year ; (C) in paragraph (2), by inserting or cohort repayment rate determination after default rate determination ; and (D) by adding at the end the following: (3) Ineligibility based on low cohort repayment rates No institution of higher education shall be an eligible institution for purposes of this subpart if such institution of higher education is ineligible to participate in a program under part D due to a low cohort repayment rate, as determined under section 455(r). . (2) Student loan insurance program Section 435(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(a) ) is amended— (A) in paragraph (2)— (i) in the heading, by striking based on high default rates ; (ii) in subparagraph (A), by striking An institution and inserting Until fiscal year 2025, an institution ; and (iii) by adding at the end the following: (E) No institution of higher education shall be an eligible institution for purposes of this part if such institution of higher education is ineligible to participate in a program under part D due to a low cohort repayment rate, as determined under section 455(r). ; and (B) in paragraph (6)(A), by inserting and until fiscal year 2025, after July 1, 1999, . (3) Federal Perkins Loans Section 462 of the Higher Education Act of 1965 ( 20 U.S.C. 1087bb ) is amended— (A) in subsection (a)— (i) in paragraph (1), by inserting or the institution is ineligible to participate in a program under part D due to a low cohort repayment rate, as determined under section 455(r) after subsection (f) ; and (ii) in paragraph (2)(D), by inserting or the institution is ineligible to participate in a program under part D due to a low cohort repayment rate, as determined under section 455(r) after subsection (f) ; (B) in subsection (b)— (i) in paragraph (2), by inserting or the institution is ineligible to participate in a program under part D due to a low cohort repayment rate, as determined under section 455(r) after subsection (f) ; and (ii) in paragraph (3), by inserting or the institution is ineligible to participate in a program under part D due to a low cohort repayment rate, as determined under section 455(r) after subsection (f) ; (C) in subsection (e)— (i) in paragraph (2), by inserting until fiscal year 2025, after succeeding fiscal year ; and (ii) in paragraph (3)— (I) in subparagraph (A), by inserting until fiscal year 2025, after any succeeding fiscal year ; and (II) by adding at the end the following: (F) Low cohort repayment rates An institution that is ineligible to participate in a program under part D due to a low cohort repayment rate, as determined under section 455(r), shall not be eligible to participate in a program under this part. ; and (D) in subsection (f)(2), by inserting until fiscal year 2025, after subsequent years . 3. College opportunity bonus program Subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ) is amended by adding at the end the following: 401B. College opportunity bonus program (a) Program authority (1) In general Beginning with fiscal year 2025 and each succeeding fiscal year, the Secretary shall award grants to eligible institutions of higher education that are distributed under a formula determined by the Secretary under subsection (d). (2) Eligible institution In this section, the term eligible institution of higher education means an institution of higher education that has a cohort repayment rate (as defined in section 455(r)(3)) that is greater than 25 percent. (b) Grants The Secretary shall award grants to eligible institutions of higher education that the Secretary determines have a strong record of making college more affordable and increasing college access and success for low-income and moderate-income students. (c) Uses of funds Each eligible institution of higher education that receives a grant under this section may use the grant funds to support reforms to further increase college access and success for low- and moderate-income students, by making key investments and adopting best practices, including by considering best practices reported under section 5 of the Student Protection and Success Act , and by— (1) awarding additional need-based financial aid to students enrolled at the institution who are eligible to receive a Federal Pell Grant; (2) enhancing academic and student support services; and (3) establishing or expanding accelerated learning opportunities. (d) Amount of grant funds (1) In general Each eligible institution of higher education that receives a grant under this section shall receive annual grant funds based on a formula determined by the Secretary that equally considers— (A) the number and percentage of students enrolled at the institution who are eligible to receive a Federal Pell Grant; (B) the cohort repayment rate (as defined in section 455(r)(3)) of students enrolled at the institution who are eligible to receive a Federal Pell Grant; and (C) the institution’s student service expenditures as a percentage of the institution’s student service resources. (2) Cap Each eligible institution of higher education that receives a grant under this section shall receive grant funds for a fiscal year in an amount that is not more than 2.5 percent of the amount equal to the eligible institution's total annual revenues and investment returns less auxiliary enterprise revenues and hospital revenues, as defined in the IPEDS Finance Survey, for the most recent fiscal year upon which the eligible institution’s audited financial reports are available. (e) Supplement not supplant Funds made available under this section shall be used to supplement, and not supplant— (1) other State funds that States would otherwise expend to carry out activities under this section to improve college affordability and graduate additional low- and moderate-income students; and (2) institutional funds that eligible institutions of higher education receiving a grant under this section would otherwise expend to carry out activities under this section to improve college affordability and graduate additional low- and moderate-income students. (f) Funding The grant program under this section shall be funded only with risk-sharing payments received by the Secretary under section 454(d). . 4. Risk-sharing payments Section 454 of the Higher Education Act of 1964 ( 20 U.S.C. 1087d ) is amended— (1) in subsection (a)— (A) in paragraph (5), by striking and after the semicolon; (B) in paragraph (6), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (7) provide that the institution accepts the institutional risk-sharing requirements under subsection (d), if applicable. ; and (2) by adding at the end the following: (d) Institutional risk-Sharing based on cohort nonrepayment loan balances (1) In general Beginning with fiscal year 2025 and each succeeding fiscal year, each institution of higher education participating in the direct student loan program under this part shall remit to the Secretary, at such times as the Secretary may specify, a risk-sharing payment based on the cohort nonrepayment loan balance of the institution, as determined under paragraph (2). (2) Determination of risk-sharing payments (A) Determination of cohort loan balance The cohort loan balance of an institution for a fiscal year equals the total principal amount of all loans made under this part to attend such institution for the cohort of borrowers who entered repayment, deferment, or forbearance on such loans in the third preceding fiscal year for which the determination is made. (B) Determination of cohort nonrepayment loan balance (i) In general The cohort nonrepayment loan balance of an institution for a fiscal year equals, from the total amount of the loans described in subparagraph (A), the total loan balance of those borrowers who have not made at least a 1 dollar reduction in their principal balance in the 3 consecutive fiscal years since their loans entered repayment, deferment, or forbearance. (ii) Exception The cohort nonrepayment loan balance calculation under clause (i) shall not take into consideration a borrower who was— (I) in deferment on repayment of a loan described in subparagraph (A) in the 3 consecutive fiscal years described in clause (i) due to study in an approved graduate fellowship program or in an approved rehabilitation training program for the disabled; (II) in deferment on repayment of a loan described in subparagraph (A) in the 3 consecutive fiscal years described in clause (i) during which time the borrower was in a period of at least half-time enrollment in college or a career school; (III) in deferment on repayment of a loan described in subparagraph (A) in the 3 consecutive fiscal years described in clause (i) during which time the borrower was in a period of service qualifying for loan discharge or cancellation under part E; (IV) in deferment on repayment of a loan described in subparagraph (A) in the 3 consecutive fiscal years described in clause (i) during which time the borrower was on active duty military service during a war, military operation, or national emergency; (V) in mandatory forbearance on repayment of a loan described in subparagraph (A) for the full fiscal year; or (VI) serving as a volunteer under the Peace Corps Act ( 22 U.S.C. 2501 et seq. ) or the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4950 et seq. ), during the 3 consecutive fiscal years described in clause (i). (C) Determination of payment (i) In general (I) In general Except as provided in subclause (II), the risk-sharing payment of an institution for a fiscal year equals 2 percent of the amount determined under clause (ii). (II) Cap The risk-sharing payment of an institution for a fiscal year shall not be more than 2.5 percent of the amount equal to the institution's total annual revenues and investment returns less auxiliary enterprise revenues and hospital revenues, as defined in the IPEDS Finance Survey, for the most recent fiscal year upon which the institution’s audited financial reports are available. (ii) Amount based on cohort nonrepayment loan balance and unemployment rate (I) In general The amount under this clause is determined by subtracting the amount determined under subclause (II) from the cohort nonrepayment loan balance determined under subparagraph (B). (II) Amount based on unemployment rate The amount under this subclause is determined by multiplying the average national unemployment rate, as defined by the Bureau of Labor Statistics, for the 3 previous fiscal years from the date of the determination by the cohort loan balance determined under subparagraph (A). (3) Notification Beginning with the first fiscal year for which data are available after the date of enactment of the Student Protection and Success Act and each succeeding fiscal year until fiscal year 2025, the Secretary shall notify each institution of higher education participating in the direct student loan program under this part of what the risk-sharing payment based on the cohort nonrepayment loan balance of the institution, as determined under paragraph (2), would be for such institution if such provision were in effect. . 5. Report Not later than 6 months after the date of enactment of the Student Protection and Success Act , the Secretary of Education shall submit to Congress a report— (1) on best practices for institutions of higher education to improve repayment rates; and (2) that makes recommendations on how institutions of higher education can improve repayment rates, with a particular emphasis on institutions that serve a high proportion of low-income students. 6. Student service expenditures and resources Section 153(a)(1)(I) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9543(a)(1)(I) ) is amended to read as follows: (I) the financing and management of education, including data on revenues and expenditures, and information regarding— (i) student service expenditures, that— (I) includes instruction, information technology, and other activities whose primary purpose is to contribute to students’ emotional and physical well-being and to their intellectual, cultural, and social development inside and outside the context of the formal instructional program; and (II) does not include expenditures on marketing, recruitment, or intercollegiate athletic programs; (ii) student service resources, which is a measure of an institution’s resources that could reasonably be allocated towards student service expenditures, including net tuition revenues, State and local appropriations, endowment income, and revenues related to student housing and food services less expenditures on student housing, food services, and the operations and maintenance of a plant; and (iii) recruitment and marketing expenditures; . | https://www.govinfo.gov/content/pkg/BILLS-117s5072is/xml/BILLS-117s5072is.xml |
117-s-5073 | II 117th CONGRESS 2d Session S. 5073 IN THE SENATE OF THE UNITED STATES October 11, 2022 Mr. King (for Mr. Luján (for himself, Ms. Collins , and Mr. Cardin )) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to authorize a public education campaign across all relevant programs of the Health Resources and Services Administration to increase oral health literacy and awareness.
1. Short title This Act may be cited as the Oral Health Literacy and Awareness Act of 2022 . 2. Oral health literacy and awareness campaign The Public Health Service Act is amended by inserting after section 340G–1 of such Act ( 42 U.S.C. 256g–1 ) the following: 340G–2. Oral health literacy and awareness (a) Campaign The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a public education campaign (referred to in this subsection as the campaign ) across all relevant programs of the Health Resources and Services Administration (including the health center program, oral health workforce programs, maternal and child health programs, the Ryan White HIV/AIDS Program, and rural health programs) to increase oral health literacy and awareness. (b) Strategies In carrying out the campaign, the Secretary shall identify oral health literacy and awareness strategies that are evidence-based and focused on oral health care education, including education on prevention of oral disease such as early childhood and other caries, periodontal disease, and oral cancer. (c) Focus The Secretary shall design the campaign to communicate directly with specific populations, including children, pregnant women, parents, the elderly, individuals with disabilities, and ethnic and racial minority populations, including Indians, Alaska Natives, and Native Hawaiians, in a culturally- and linguistically-appropriate manner. (d) Outcomes In carrying out the campaign, the Secretary shall include a process for measuring outcomes and effectiveness. (e) Report to Congress Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the outcomes and effectiveness of the campaign. (f) Authorization of appropriations To carry out this section, there is authorized to be appropriated $750,000 for each of fiscal years 2023 through 2027. . | https://www.govinfo.gov/content/pkg/BILLS-117s5073is/xml/BILLS-117s5073is.xml |
117-s-5074 | II 117th CONGRESS 2d Session S. 5074 IN THE SENATE OF THE UNITED STATES October 11, 2022 Mr. King (for Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for a temporary 1-year halt to all proposed direct commercial sales and foreign military sales to the Kingdom of Saudi Arabia of weaponry and munitions.
1. Temporary halt to all Saudi arms sales For a period of one year following the date of the enactment of this Act, no license may be issued for the export with respect to any of the following transfers to the Kingdom of Saudi Arabia: the transfer of any defense articles proposed or submitted to Congress pursuant to section 36(c) of the Arms Export Control Act ( 22 U.S.C. 2776(c) ), to include direct munitions containers; weapon support and support equipment; spare and repair parts; United States Government and contractor engineering, technical and logistical support services; and other related elements of logistical and program support. | https://www.govinfo.gov/content/pkg/BILLS-117s5074is/xml/BILLS-117s5074is.xml |
117-s-5075 | II 117th CONGRESS 2d Session S. 5075 IN THE SENATE OF THE UNITED STATES October 11, 2022 Mr. King (for Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish new ZIP Codes for certain Wisconsin communities, and for other purposes.
1. Establishing new ZIP Codes Not later than 270 days after the date of enactment of this Act, the United States Postal Service shall designate a single, unique ZIP Code for, as nearly as practicable, each of the following communities: (1) Village of Somers, Wisconsin. (2) Village of Mount Pleasant, Wisconsin. (3) Village of Caledonia, Wisconsin. | https://www.govinfo.gov/content/pkg/BILLS-117s5075is/xml/BILLS-117s5075is.xml |
117-s-5076 | II 117th CONGRESS 2d Session S. 5076 IN THE SENATE OF THE UNITED STATES November 14, 2022 Ms. Ernst (for herself, Mr. Peters , and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To require training for employees of Federal agencies that award less than 3 percent of prime contracts to small business concerns owned and controlled by service-disabled veterans, and for other purposes.
1. Short title This Act may be cited as the Service-Disabled Veteran Opportunities in Small Business Act . 2. Definitions In this Act: (1) Administration; Administrator The terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively. (2) Small business concern owned and controlled by service-disabled veterans The term small business concern owned and controlled by service-disabled veterans has the meaning given the term in section 3(q) of the Small Business Act ( 15 U.S.C. 632(q) ). 3. Federal contracting opportunities for small business concerns owned and controlled by service-disabled veterans (a) Required training Notwithstanding the goals established under section 15(g)(1)(A) of the Small Business Act ( 15 U.S.C. 644(g)(1)(A) ) for each Federal agency, the Administration, in consultation with the Office of Veterans Business Development of the Administration, shall provide training to employees with responsibility for procurement or acquisition at any Federal agency that awards less than 3 percent of prime contracts and subcontracts to small business concerns owned and controlled by service-disabled veterans in a fiscal year. (b) Guidance Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Office of Veterans Business Development of the Administration, shall issue publicly available guidance for each Federal agency that is required to meet the goal under section 15(g)(1)(A)(ii) of the Small Business Act ( 15 U.S.C. 644(g)(1)(A)(ii) ). (c) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administration shall submit to Congress a report detailing, for the fiscal year covered by the report— (1) a list of each Federal agency that awarded less than the 3 percent of the prime contracts and subcontracts required under section 15(g)(1)(A)(ii) of the Small Business Act ( 15 U.S.C. 644(g)(1)(A)(ii) ); (2) the number of training sessions provided by each such Federal agency under subsection (a); (3) an overview of the content included in those training sessions; and (4) whether additional contracting opportunities were provided to small business concerns owned and controlled by service-disabled veterans. | https://www.govinfo.gov/content/pkg/BILLS-117s5076is/xml/BILLS-117s5076is.xml |
117-s-5077 | II 117th CONGRESS 2d Session S. 5077 IN THE SENATE OF THE UNITED STATES November 14, 2022 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Alaska Native Claims Settlement Act to provide that Alexander Creek, Incorporated, is recognized as a Village Corporation under that Act, and for other purposes.
1. Alexander Creek recognition The Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) is amended by adding at the end the following: 43. Alexander Creek recognition (a) Definitions In this section: (1) Alexander Creek, Incorporated The term Alexander Creek, Incorporated means Alexander Creek, Incorporated, the entity organized and recognized— (A) on the day before the date of enactment of this section, as a Group Corporation; and (B) effective beginning on the date of enactment of this section, as a Village Corporation. (2) Alexander Creek village The term Alexander Creek village means the community— (A) located in T. 15 N., R. 7 W., Seward Meridian, in the State; and (B) recognized as a Native village under subsection (b)(2). (3) Region The term Region means Cook Inlet Region, Incorporated, the appropriate Regional Corporation for Alexander Creek, Incorporated, under section 14(h). (b) Recognition of Alexander Creek Notwithstanding section 1432(d) of the Alaska National Interest Lands Conservation Act ( Public Law 96–487 ; 94 Stat. 2543) and the deadline described in section 11(b)(3), subject to the requirements of this section— (1) Alexander Creek, Incorporated, is recognized as a Village Corporation pursuant to this Act; and (2) Alexander Creek village shall be recognized as a Native village, notwithstanding any other provision of this Act. (c) Organization of Alexander Creek, Incorporated As soon as practicable after the date of enactment of this section, Alexander Creek, Incorporated, shall submit to the Secretary— (1) any amendments to the State corporate charter of Alexander Creek, Incorporated, necessary to convert Alexander Creek, Incorporated, from a Group Corporation to a Village Corporation; and (2) if necessary, any amendments to the State corporate charter or governing business documents of Alexander Creek, Incorporated, that fulfill the terms of the agreement described in subsection (d). (d) Agreement (1) Negotiations Not later than 30 days after the date of enactment of this section, the Secretary shall offer to enter into negotiations with Alexander Creek, Incorporated, for the purposes of fairly and equitably settling— (A) the aboriginal land claims of Alexander Creek, Incorporated; and (B) any other claims of Alexander Creek, Incorporated, against the United States. (2) Condition As a condition of recognition as a Village Corporation under this Act, Alexander Creek, Incorporated, shall enter into an agreement with the Secretary to achieve the purposes described in paragraph (1) by not later than 13 months after the date of enactment of this section. (3) Parity To the maximum extent practicable, the agreement under this subsection shall achieve parity, with respect to approximate value, with similar agreements of other Village Corporations. (4) Treatment for Federal property purposes (A) Coordination with GSA The Secretary shall coordinate with the Administrator of General Services with respect to any surplus property to be transferred to Alexander Creek, Incorporated, pursuant to the agreement under this subsection. (B) Status as a State and State agency Notwithstanding paragraphs (2) and (3) of section 549(a) of title 40, United States Code, Alexander Creek, Incorporated, shall be considered to be a State and a State agency under that section for purposes of the agreement under this subsection. (C) Surplus property Notwithstanding any other provision of law, Alexander Creek, Incorporated, shall be eligible to receive real property declared to be surplus under section 1303 of title 40, United States Code, for purposes of the agreement under this subsection. (e) Shareholder participation (1) In general Alexander Creek, Incorporated, shall notify each member of Alexander Creek village that— (A) effective beginning on the date of enactment of this section, the members shall cease to receive benefits from the Region as at-large shareholders pursuant to section 7(m); and (B) all future resource payments from the Region shall be retained by Alexander Creek, Incorporated, pursuant to section 7(j). (2) Liability The Region shall not be liable under any State, Federal, or local law, or under State or Federal common law, for damages arising out of or relating to the cessation of payments to members of Alexander Creek village under paragraph (1)(A). (f) Construction relating to land entitlements (1) In general Except as provided in this section with respect to Alexander Creek, Incorporated, nothing in this section modifies or amends any land conveyance entitlements or conveyance agreement between— (A) the Region and Village Corporations other than Alexander Creek, Incorporated; (B) the Region and the Federal Government; and (C) any party described in subparagraph (A) or (B) and the State. (2) Current Alexander Creek, Incorporated, land Nothing in this section reduces the land entitlement of Alexander Creek, Incorporated, as a Group Corporation before the date of enactment of this section, including any land selected by and conveyed to Alexander Creek, Incorporated, before that date of enactment. . | https://www.govinfo.gov/content/pkg/BILLS-117s5077is/xml/BILLS-117s5077is.xml |
117-s-5078 | II 117th CONGRESS 2d Session S. 5078 IN THE SENATE OF THE UNITED STATES November 14, 2022 Ms. Klobuchar (for herself and Ms. Smith ) 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 123 East Main Street in Vergas, Minnesota, as the Jon Glawe Post Office .
1. Jon Glawe Post Office (a) Designation The facility of the United States Postal Service located at 123 East Main Street in Vergas, Minnesota, shall be known and designated as the Jon Glawe Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Jon Glawe Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s5078is/xml/BILLS-117s5078is.xml |
117-s-5079 | II 117th CONGRESS 2d Session S. 5079 IN THE SENATE OF THE UNITED STATES November 14, 2022 Ms. Klobuchar (for herself and Ms. Smith ) 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 202 2nd Avenue in Oklee, Minnesota, as the Coya Knutson Post Office .
1. Coya Knutson Post Office (a) Designation The facility of the United States Postal Service located at 202 2nd Avenue in Oklee, Minnesota, shall be known and designated as the Coya Knutson Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Coya Knutson Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s5079is/xml/BILLS-117s5079is.xml |
117-s-5080 | II 117th CONGRESS 2d Session S. 5080 IN THE SENATE OF THE UNITED STATES November 14, 2022 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to promulgate a Federal motor vehicle safety standard to reduce the incidence of child injury and death occurring during low-speed incidents involving motor vehicles, and for other purposes.
1. Short title This Act may be cited as the Standards To Prevent Frontovers Act of 2022 or the STOP Frontovers Act of 2022 . 2. Definitions In this Act: (1) Backover The term backover means a low-speed incident where a non-occupant of a motor vehicle is struck by the motor vehicle moving in reverse. (2) Motor vehicle (A) In general The term motor vehicle has the meaning given the term in section 30102(a) of title 49, United States Code. (B) Exclusions The term motor vehicle does not include— (i) a motorcycle or a trailer (as those terms are defined in section 571.3 of title 49, Code of Federal Regulations (or a successor regulation)); or (ii) any motor vehicle that is rated at more than 26,000 pounds gross vehicular weight. (3) Object The term object means— (A) a motor vehicle; (B) a pedestrian, bicyclist, or other vulnerable road user; (C) a wheelchair or assistive device user; (D) a micromobility or motorcycle rider; (E) a pet; and (F) any other individual, animal, or equipment, as determined by the Secretary. (4) Secretary The term Secretary means the Secretary of Transportation. 3. Forward visibility and perception rulemaking (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a rulemaking to promulgate a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires a perception zone in front of a motor vehicle that enables the driver of the motor vehicle to detect, and appropriately respond to, objects in front of the motor vehicle to reduce death and injury resulting from frontovers or low-speed forward-moving vehicle incidents. (b) Considerations (1) Technology neutral The motor vehicle safety standard described in subsection (a) may be met by the provision of sensors, cameras, or other technology to expand the perception zone of a driver. (2) Differing requirements The Secretary may prescribe different requirements for different types of motor vehicles in the motor vehicle safety standard described in subsection (a), subject to the condition that the standard requires, with respect to each motor vehicle type, a perception zone that enables the driver of the applicable motor vehicle to detect, and appropriately respond to, objects in front of the motor vehicle to reduce death and injury resulting from frontovers or low-speed forward-moving vehicle incidents. (c) Requirement The motor vehicle safety standard described in subsection (a) shall— (1) include a forward perception standard that includes frontover and low-speed forward-moving vehicle incidents; and (2) define frontover . (d) Timeline (1) In general Not later than 1 year after the date on which the rulemaking is initiated under subsection (a), the Secretary shall promulgate the final motor vehicle safety standard described in that subsection. (2) Full compliance Not later than 2 years after the date on which the final motor vehicle safety standard is promulgated under paragraph (1), the Secretary shall require full compliance with that final motor vehicle safety standard. (3) Phase-in period (A) In general The Secretary may establish a phase-in period for compliance with the motor vehicle safety standard promulgated under paragraph (1). (B) Phase-in priorities (i) In general In establishing a phase-in period under subparagraph (A), the Secretary shall consider whether to require the phase-in according to different types of motor vehicles based on data demonstrating the frequency by which various types of motor vehicles have been involved in frontovers or low-speed forward-moving vehicle incidents resulting in injury or death. (ii) Regulations required If the Secretary determines under clause (i) that any type of motor vehicle should be given priority for the phase-in period established under subparagraph (A), the Secretary shall promulgate regulations that specify— (I) the 1 or more types of motor vehicles that shall be phased-in first; and (II) the percentages by which those motor vehicles shall be phased-in. (e) Report to Congress Not later than 2 years after the date of enactment of this Act, and every 90 days thereafter, if the final motor vehicle safety standard described in subsection (a) has not been promulgated in accordance with the requirements of this section, the Secretary shall submit to Congress a report on— (1) the reasons for the delay in promulgating that motor vehicle safety standard; and (2) the steps being taken by the Secretary— (A) to address those reasons; and (B) to promulgate that motor vehicle safety standard. 4. Updates to the Non-Traffic Surveillance system (a) In general The Secretary shall include an element for a frontover and an element for a backover in the data maintained, and the summary reports published from that data, under the Non-Traffic Surveillance (NTS) System of the National Highway Traffic Safety Administration. (b) Other reporting considerations In addition to the requirement under subsection (a), the Secretary may consider other mechanisms to help inform reporting relating to frontovers and backovers, including changes to State crash report data requirements or other reporting systems. | https://www.govinfo.gov/content/pkg/BILLS-117s5080is/xml/BILLS-117s5080is.xml |
117-s-5081 | II 117th CONGRESS 2d Session S. 5081 IN THE SENATE OF THE UNITED STATES November 14, 2022 Mr. Padilla (for himself, Mr. Markey , Mr. Booker , Ms. Duckworth , Mr. Sanders , Mr. Whitehouse , Ms. Warren , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish an Office of Environmental Justice within the Department of Justice, and for other purposes.
1. Short title This Act may be cited as the Empowering and Enforcing Environmental Justice Act of 2022 . 2. Office of Environmental Justice (a) In general Chapter 31 of title 28, United States Code, is amended by adding at the end the following: 530E. Environmental Justice (a) Office of Environmental Justice (1) Establishment Not later than 90 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022 , the Attorney General shall establish the Office of Environmental Justice (hereinafter known as the Office ) within the Environment and Natural Resources Division of the Department of Justice. (2) Personnel and funding The Attorney General shall provide to the Office such personnel and funds as are necessary to establish the Office under paragraph (1). (3) Leadership The Office shall be headed by a Director, who shall be appointed by the Attorney General. (4) Duties The Director shall: (A) Develop, and update every 5 years thereafter, the environmental justice strategy for the Department, in accordance with Executive Order 12898 ( 42 U.S.C. 4321 note; relating to Federal actions to address environmental justice in minority populations and low-income populations). (B) Coordinate environmental justice matters that arise at the Department and United States Attorneys' offices. (C) Administer the grant program established under section 3 of the Empowering and Enforcing Environmental Justice Act of 2022 . (D) Promote and protect the right of the public to participate meaningfully in the decision-making process on environmental justice matters and design communications efforts with the goal of maximizing community understanding of how to participate in environmental justice matters, including how to file administrative complaints with Federal agencies. (E) Counsel and assist State, local, and Tribal governments on how to coordinate their actions with the Federal Government with respect to environmental justice matters and counsel and assist State, local, and Tribal governments and Indigenous populations or communities in providing equal environmental protection for all individuals. (F) Provide support for State and local environmental enforcement training in environmental justice communities. (G) Work with the Community Relations Service to facilitate a working relationship between parties involved in environmental justice matters, including regulated industry, State, local, and Tribal decision-makers and minority or low-income communities. (H) Coordinate with the Council on Environmental Quality and the White House Environmental Justice Advisory Council, established under Executive Order 14008 (86 Fed. Reg. 7619), with respect to implementation of the Justice40 Initiative. (I) Organize, at minimum, bimonthly calls or meetings with environmental justice organizations and environmental justice communities. (J) Manage the Senior Advisory Council established under paragraph (5). (K) Make recommendations to Federal agencies on community participation in the development of administrative settlement agreements relating to environmental justice matters. (5) Senior Advisory Council (A) Establishment There is established a Senior Advisory Council (hereinafter referred to as the Council ) to advise the Assistant Attorney General of the Environment and Natural Resources Division on matters of environmental justice and recommend policy and initiatives with respect to environmental justice matters. (B) Co-chair The Co-chairs of the Council shall be the Assistant Attorney General of the Environment and Natural Resources Division and the Director of the Office. (C) Members The Council shall be composed of: (i) The Assistant Attorney General of the Environment and Natural Resources Division. (ii) The Director of the Office. (iii) One representative of the Office of the Deputy Attorney General. (iv) One representative of the Office of the Associate Attorney General. (v) One representative from the Environmental Enforcement Section of the Environmental and Natural Resources Division. (vi) One representative from the Environmental Defense Section of the Environment and Natural Resources Division. (vii) One representative of the Civil Rights Division. (viii) One representative of the Civil Division. (ix) One representative of the Federal Bureau of Investigation. (x) One representative of the Bureau of Prisons. (xi) One representative of the Community Relations Service. (xii) One representative of the Office for Access to Justice. (xiii) One representative of the Office of Legal Policy. (xiv) One representative of the Office of Legislative Affairs. (xv) One representative of the Office of Tribal Justice. (xvi) Two representatives from the Executive Office for United States Attorneys. (xvii) The Section Chief of the Environmental Justice Section. (D) Reporting requirement Not later than 180 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022 , and annually thereafter, each member of the Council shall submit to the Director a report on the implementation of the progress of the component of which the member is a representative in implementing the environmental justice strategy of the Department and any proposed revisions to the environmental justice strategy of that component. The Director may also request a report or briefing from the head of any component not a member of the Council explaining how the component may facilitate the efforts of the Department in meeting the obligations of the Department under the environmental justice strategy. (E) Administration The Director shall coordinate and support the work of the Council. The Director shall convene the Council not later than 90 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022 and shall convene the Council not less than 4 times annually thereafter. (F) Guidance for Department (i) In general Not later than 180 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022 , the Council shall develop guidance with respect to environmental justice and provide such guidance to Department personnel, including provisions for identifying, tracking, and addressing environmental justice matters. (ii) Review and update Not later than 3 years after the development of the guidance under clause (i), and every 3 years thereafter, the Department shall review and update such guidance. (b) Environmental Justice Section (1) Establishment Not later than 180 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022 , the Attorney General shall establish a section within the Environment and Natural Resources Division of the Department that shall be known as the Environmental Justice Section (hereinafter known as the Section ) with the responsibility to litigate environmental justice matters. (2) General objectives The Section shall: (A) Initiate legal action to enforce environmental justice, civil rights, and criminal and civil laws with respect to environmental justice matters to achieve fair environmental and human health protection in all communities. (B) Collaborate with State, local, and Tribal governments to pursue litigation with respect to environmental justice to hold persons accountable for actions and inactions that have or will contribute to the climate crisis. (C) Ensure the enforcement of title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) by coordinating with Federal agencies to effectively investigate civil rights complaints. (D) Facilitate the collection and analysis of data that will assist the Department in law enforcement, mediation, and counseling efforts involving environmental justice matters. (E) Provide technical assistance to other Federal agencies on creating permits and permitting processes that are enforceable by the agencies and the Department. (3) Consultation and investigation (A) Consultation on priorities Not later than 180 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022 , the Section shall consult with United States Attorneys' Offices, the Environmental Protection Agency, and other Federal agencies, as appropriate, to develop a list of environmental justice enforcement priorities and a strategy for addressing these priorities. (B) Referral guidance The Section shall provide guidance to other Federal agencies on appropriate actions with respect to environmental justice matters and whether such matters should be transferred to the Department for further investigation or action. (4) Litigation activities The Section shall coordinate with other litigating components of the Department, with the United States Attorneys' Offices to conduct investigations, and with other Federal agencies with respect to court cases raising environmental justice matters, including by— (A) initiating legal action to enforce environmental justice matters, civil rights, and criminal and civil laws with respect to environmental and criminal justice to achieve fair environmental and human health protection in all communities; (B) intervening in pending litigation or filing amicus curiae briefs to serve the interests of Federal agencies that address environmental justice matters; (C) coordinating with other Department components, and other Federal agencies, on appropriate action with respect to environmental justice matters; and (D) providing technical assistance to other Federal agencies to address environmental justice matters. (5) Education (A) In general The Section shall provide training and education with respect to— (i) how to identify environmental justice matters; (ii) the contexts in which environmental justice matters may arise; (iii) the ways in which recognition of potential environmental justice matters may affect the work of the Department, Department personnel, and other Federal agencies; and (iv) the implementation of Executive Order 12898 ( 42 U.S.C. 4321 note; relating to Federal actions to address environmental justice in minority populations and low-income populations), including the environmental justice strategy developed by The Office and guidance developed by the Council pursuant to subsection (a)(5)(F). (B) Development The Section shall develop— (i) instructional videos and other materials for Department personnel to provide an overview of the scope of environmental justice matters and procedures for identifying and reporting such matters; (ii) education programs for environmental attorneys about criminal, civil, and civil rights laws; (iii) education programs for civil, criminal, and civil rights attorneys about environmental laws for the purpose of identifying and effectively addressing environmental justice matters; (iv) an email address that Department attorneys and other Department personnel may contact that enables Department attorneys and other Department personnel to seek information and guidance on environmental justice matters; (v) joint education and training activities, where appropriate, with Federal agencies and State, local, and Tribal legal offices; (vi) a continuing legal education course on environmental justice matters, developed in coordination with the Office of Legal Education and the Environmental Protection Agency; and (vii) training programs with respect to environmental justice for individuals participating in the Attorney General's Honors Program. (6) Data assessment The Section shall coordinate with all relevant components within the Department to develop and maintain an appropriate system for tracking and assessing cases that raise environmental justice matters. (c) Definitions In this section: (1) Department The term Department means the Department of Justice. (2) Environmental justice community The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities, that experiences, or is at risk of experiencing higher or more adverse human health or environmental effects. (3) Environmental justice matter The term environmental justice matter includes any civil or criminal matter where the conduct or action at issue may involve a disproportionate and adverse environmental or human health effect on an identifiable low-income, minority, Tribal, or Indigenous population or community in the United States. (4) Indigenous population or community The term Indigenous population or community includes populations or communities of American Indians, Alaska Natives, and Native Hawaiians. (5) Low-income community The term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of— (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (6) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. . (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. Environmental justice. . 3. Environmental Justice Matters Enforcement Grants (a) Definitions In this section: (1) Certain congressional committees The term certain congressional committees means— (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Environment and Public Works of the Senate; and (C) the Committees on the Judiciary of the House of Representatives and the Senate. (2) Environmental justice community The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities, that experiences, or is at risk of experiencing higher or more adverse human health or environmental effects. (3) Environmental justice matter The term environmental justice matter includes any civil or criminal matter where the conduct or action at issue may involve a disproportionate and adverse environmental or human health effect on an identifiable low-income, minority, Tribal, or Indigenous population or community in the United States. (4) Indigenous population or community The term Indigenous population or community includes populations or communities of American Indians, Alaska Natives, and Native Hawaiians. (5) Low-income community The term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of— (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (6) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (b) In general Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish a grant program (in this section referred to as the Program ) within the Office of Environmental Justice to improve the capacity of State, local, and Tribal governments to enforce environmental laws involving environmental justice matters. (c) Grant authority In carrying out the Program, the Assistant Attorney General may award a grant on competitive basis to an eligible recipient. (d) Eligible recipients The Assistant Attorney General may award a grant under the Program to a State, local, or Tribal government determined by the Assistant Attorney General to be capable of carrying out a project pursuant to subsection (e). (e) Grant funds Grant funds awarded under the Program, shall only be used to— (1) train State, local, and Tribal agencies responsible for prosecuting and enforcing laws involving environmental justice matters; (2) hire staff to assist in the investigation, prosecution, and enforcement of laws involving environmental justice matters; or (3) establish collaborative programs to provide technical and legal assistance to help environmental justice communities participate in decisions impacting the environment, health, and safety of those environmental justice communities. (f) Applications To be eligible for a grant under the Program, an eligible recipient shall submit to the Assistant Attorney General an application in such form, at such time, and containing such information as the Assistant Attorney General determines to be appropriate. (g) Limitations on grant amounts Subject to the availability of appropriations under subsection (j), each grant made under this section shall be for an amount not less than $50,000 and not greater than $1,000,000. (h) Federal share The Federal share of a project under the Program shall not exceed 80 percent, unless the Attorney General waives, wholly or in part, this requirement. (i) Report Not later than 18 months after the date of enactment of this Act, and every 2 years thereafter, the Attorney General shall submit a report to certain congressional committees on the grant program established under this section, including a description of the grantees and activities for which grantees used grants awarded under this section. (j) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of the fiscal years 2023 through 2032. | https://www.govinfo.gov/content/pkg/BILLS-117s5081is/xml/BILLS-117s5081is.xml |
117-s-5082 | II 117th CONGRESS 2d Session S. 5082 IN THE SENATE OF THE UNITED STATES November 14, 2022 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions with respect to General Secretary Xi Jinping and other senior officials of the Chinese Communist Party complicit in the perpetration of genocide and other crimes against humanity against Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region.
1. Short title This Act may be cited as the Sanction Xi Jinping for Xinjiang Atrocities Act . 2. Findings Congress finds the following: (1) On August 31, 2022, the Office of the United Nations High Commissioner for Human Rights released an assessment that found that— (A) serious human rights violations have been committed by authorities of the People’s Republic of China against Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region; and (B) such violations may constitute international crimes, in particular crimes against humanity . (2) The Secretary of State has found that treatment by authorities of the People’s Republic of China of Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region constitutes genocide and other crimes against humanity. (3) The Xinjiang Police Files published in May 2022 offered unprecedented insight into the human rights violations perpetrated by authorities of the People's Republic of China against Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region, including— (A) imprisonment of the elderly, young mothers, and other adults considered to be a threat by the Chinese Communist Party, including individuals alleged to have engaged in forbidden religious activities; (B) imprisonment of children as young as 14, some of whom were apparently instructed to smile for detention photos; (C) use of armed strike groups and other personnel armed with clubs, batons, bayonets, machine guns, assault rifles, sniper rifles, and other military-grade weapons to intimidate and control detainees; (D) directives for police forces to shoot dead detainees who fail to heed orders, including to prevent individuals from escaping alive; and (E) restrictions on medical care afforded to detainees. (4) The Xinjiang Police Files provide further evidence, including speeches by Minister of Public Security Zhao Kezhi and then-Xinjiang Party Secretary Chen Quanguo, that General Secretary Xi Jinping directed and oversaw persecution of Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region, including by— (A) directing Chen to travel to Xinjiang and make a stable Xinjiang arise ; (B) issuing important instructions on governing Xinjiang according to the law, unifying and stabilizing Xinjiang, and building Xinjiang over the long term ; and (C) ordering Xinjiang authorities to— (i) conduct de-extremification work , including transformation through education ; and (ii) implement practical measures such as expanding the number of employed [staff in detention facilities], enlarging the capacity [of those facilities], and increasing investment [in those facilities] within the set time frame . 3. Sense of Congress It is the sense of Congress that— (1) General Secretary Xi Jinping is complicit in the genocide and other crimes against humanity perpetrated against Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region; and (2) General Secretary Xi Jinping and other senior Chinese Communist Party officials should be held accountable for such genocide and crimes against humanity, including through the imposition of sanctions. 4. Imposition of sanctions with respect to senior Chinese Communist Party officials complicit in Xinjiang human rights violations (a) Identification of senior Chinese Communist Party officials complicit in Xinjiang human rights violations Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees a report that includes the following: (1) A list of senior Chinese Communist Party officials who directed, oversaw, monitored, or were otherwise complicit in the perpetration of genocide and other crimes against humanity against Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region. (2) A description of actions taken by senior Chinese Communist Party officials listed under paragraph (1) that resulted in their inclusion on such list. (b) Sanctions Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall impose the sanctions described in section 1263(b) of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10102(b) ) with respect to individuals identified under subsection (a). (c) Report on implementation Not later than 90 days after first imposing sanctions under subsection (b), the President shall submit to the appropriate congressional committees a report regarding measures taken by the President to implement this section. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Senior Chinese Communist Party officials The term senior Chinese Communist Party officials means— (A) the General Secretary of the Party Central Committee; (B) members of the Political Bureau Standing Committee; (C) members of the Political Bureau; (D) members of the Central Military Commission; (E) members of the Central Committee; (F) members of the Central Commission for Discipline Inspection; and (G) members of the Secretariat. 5. Termination This Act shall terminate on January 1, 2033. | https://www.govinfo.gov/content/pkg/BILLS-117s5082is/xml/BILLS-117s5082is.xml |
117-s-5083 | II 117th CONGRESS 2d Session S. 5083 IN THE SENATE OF THE UNITED STATES November 14, 2022 Mr. Menendez (for himself, Mr. Rubio , and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the Secretary of State to submit an annual report to Congress regarding the ties between criminal gangs and political and economic elites in Haiti.
1. Short title This Act may be cited as the Haiti Criminal Collusion Transparency Act of 2022 . 2. Findings Congress makes the following findings: (1) According to a United Nations estimate, approximately 167 criminal gangs operated in Haiti in October 2021, exerting territorial control over as much as two-thirds of the country. (2) Haitian armed criminal gangs, the most prominent of which are the G9 Family and Allies and 400 Mawozo gangs, conduct violent crimes, including murder, rape, arms and drug trafficking, racketeering, kidnapping, and blockades of fuel and aid deliveries. These crimes have perpetuated the ongoing security and humanitarian crises in Haiti, which have worsened since the assassination of President Jovenel Moïse on July 7, 2021. (3) The United Nations Office of the High Commissioner for Human Rights and the Human Rights Service jointly found a 333-percent increase in human rights violations and abuses against the rights to life and security in Haiti between July 2018 and December 2019. (4) At least 19,000 Haitians were forcibly displaced during 2021 due to rising criminal violence. (5) At least 803 kidnappings were reported in Haiti during the first 10 months of 2021, including the kidnapping of more than 16 United States citizens, giving Haiti having the highest per capita kidnapping rate of any country in the world. (6) There is significant evidence of collusion between criminal gangs and economic and political elites in Haiti, including members of the Haitian National Police, which has resulted in widespread impunity and directly contributed to Haiti’s current security crisis. (7) On December 10, 2020, the Office of Foreign Assets Control of the Department of the Treasury designated former Haitian National Police officer Jimmy Chérizier, former Director General of the Ministry of the Interior Fednel Monchery, and former Departmental Delegate Joseph Pierre Richard Duplan under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) for their connections to armed criminal gangs, including organizing the November 2018 La Saline massacre. 3. Reporting requirements (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Select Committee on Intelligence of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Economic elites The term economic elites means board members, officers, and executives of groups, committees, corporations, or other entities that exert substantial influence or control over Haiti’s economy, infrastructure, or particular industries. (3) Intelligence community The term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (4) Political and economic elites The term political and economic elites means political elites and economic elites. (5) Political elites The term political elites means current and former government officials and their high-level staff, political party leaders, and political committee leaders. (b) Report required Not later than 90 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State, in coordination with the intelligence community, shall submit a report to the appropriate congressional committees regarding the ties between criminal gangs and political and economic elites in Haiti. The report shall— (1) identify prominent criminal gangs in Haiti, describe their criminal activities, and identify their primary geographic areas of operations; (2) list Haitian political and economic elites who have links to criminal gangs; (3) describe in detail the relationship between the individuals listed pursuant to paragraph (2) and the criminal gangs identified pursuant to paragraph (1); (4) describe in detail how Haitian political and economic elites use their relationships with criminal gangs to advance their political and economic interests and agenda; (5) include an assessment of how the nature and extent of collusion between political and economic elites and criminal gangs threatens the Haitian people and United States national interests and activities in the country, including the provision of security assistance to the Haitian government; and (6) include an assessment of potential actions that the Government of the United States and the Government of Haiti could take to address the findings made pursuant to paragraph (5). (c) Designations of political and economic elites (1) In general The Secretary of State, in coordination with other relevant Federal agencies and departments, shall identify persons identified pursuant to paragraphs (1) and (2) of subsection (b) who may be subjected to visa restrictions and sanctions under— (A) section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ; 8 U.S.C. 1182 note); or (B) section 1263 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of division A of Public Law 114–328 ; 22 U.S.C. 2656 note). (2) Imposition of sanctions Not later than 30 days after the date on which the report is submitted pursuant to subsection (b), the President shall impose, on individuals identified pursuant to paragraph (1), the sanctions referred to in subparagraphs (A) and (B) of such paragraph. (3) Public availability The list of persons identified pursuant to subsection (b)(2) shall be posted on a publicly accessible website of the Department of State on the date on which the report required under subsection (b) is submitted to Congress. (d) Form of report The report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex. | https://www.govinfo.gov/content/pkg/BILLS-117s5083is/xml/BILLS-117s5083is.xml |
117-s-5084 | II 117th CONGRESS 2d Session S. 5084 IN THE SENATE OF THE UNITED STATES November 14, 2022 Mr. Hagerty (for himself, Mrs. Blackburn , Mr. Cramer , Mr. Daines , Mr. Cassidy , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reprioritize Federal law enforcement funds from prosecuting nonviolent pro-life demonstrators to prosecuting violent offenders and drug traffickers.
1. Short title This Act may be cited as the Arrest Murderers not Ministers Act . 2. Freedom of access to clinic entrances (a) Funding prohibition During fiscal year 2023, no funds may be used by the Federal Government to enforce section 248 of title 18, United States Code, including by alleging a conspiracy under section 241 of title 18, United States Code, or any other violation of law that derives from section 248 of title 18, United States Code, unless the alleged violation of that section involves— (1) intentional physical injuries to a person, or an intentional attempt to physically injure a person, for— (A) obtaining or providing, or attempting to obtain or provide, reproductive health services; or (B) lawfully exercising or seeking to exercise the First Amendment to the Constitution of the United States right of religious freedom at a place of religious worship; or (2) intentional physical damage to, or an intentional attempt to physically damage, the property of— (A) a facility that provides reproductive health services because the facility provides reproductive health services; or (B) a place of religious worship. (b) Alternative use of funds Any funds that the Federal Government would have used to enforce section 248 of title 18, United States Code, including by alleging a conspiracy under section 241 of title 18, United States Code or any other violation of law that derives from section 248 of title 18, United States Code, but for the prohibition under subsection (a) of this section, shall be used to prosecute offenders who— (1) have committed crimes involving violent conduct; (2) are felons who illegally possess firearms; (3) have committed drug trafficking crimes, including crimes involving fentanyl and other synthetic opioids; or (4) are illegal aliens who have committed criminal offenses in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s5084is/xml/BILLS-117s5084is.xml |
117-s-5085 | II 117th CONGRESS 2d Session S. 5085 IN THE SENATE OF THE UNITED STATES November 14, 2022 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the government of the District of Columbia from using Federal funds to allow individuals who are not citizens of the United States to vote in any election, and for other purposes.
1. Prohibition on Federal funds (a) In general Notwithstanding any other provision of law, no Federal funds made available to the District of Columbia may be used to allow individuals who are not citizens of the United States to vote in any election. (b) Certification Upon application for, approval for, or receipt of any Federal funds, the government of the District of Columbia shall certify that the government does not permit individuals who are not citizens of the United States to vote in any election. (c) Application The requirements under this section shall apply with respect to any Federal funds applied for, approved for, received by, or made available to the District of Columbia on or after the date on which this bill is introduced in the Senate. | https://www.govinfo.gov/content/pkg/BILLS-117s5085is/xml/BILLS-117s5085is.xml |
117-s-5086 | II 117th CONGRESS 2d Session S. 5086 IN THE SENATE OF THE UNITED STATES November 15, 2022 Mr. Blumenthal (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to protect children’s health by denying any deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality.
1. Short title This Act may be cited as the Stop Subsidizing Childhood Obesity Act of 2022 . 2. Stop Subsidizing Childhood Obesity (a) Findings Congress finds the following: (1) Childhood obesity has more than doubled in children and tripled in adolescents in the past 30 years. Currently, more than 1/3 of children and adolescents in the United States are overweight or obese, and non-Hispanic Black and Hispanic youth have higher rates of obesity. (2) A report by the Robert Wood Johnson Foundation found that if current trends continue, more than half of today’s children will be obese by age 35. (3) Health-related behaviors, such as eating habits and physical activity patterns, develop early in life and often extend into adulthood. Overall, American children and youth are not achieving basic nutritional goals. The diets of American children and adolescents depart substantially from the Dietary Guidelines for Americans and put their health at risk. They are consuming excess calories and added sugars and have higher than recommended intakes of sodium, total fat, and saturated fats. (4) According to a 2012 report from the Federal Trade Commission, the total amount spent on food marketing to children is about $1,800,000,000 per year. (5) Companies market food to children through television, radio, internet, magazines, product placement in movies and video games, schools, product packages, toys, clothing and other merchandise, and almost anywhere a logo or product image can be displayed. (6) According to a comprehensive review by the National Academy of Medicine, television food advertising affects children’s food choices, food purchase requests, diets, and health. (7) A 2006 report from the National Academy of Medicine confirmed that marketing high-calorie foods to children and adolescents is one of the major contributors to childhood obesity. (8) Nearly all of foods advertised on television programming intended for children are for products high in recommended nutrients to limit, as determined by the Federal Interagency Working Group, including saturated fat, trans fat, sugar, and sodium. (9) Food and beverage companies disproportionately target advertising for many of their least nutritious brands to Black and Hispanic youth, which contributes to health disparities. Black children and teens view almost twice as many ads for candy, sugary drinks, and snacks on television compared with White youth, and 2/3 of the food ads on Spanish-language television promote fast food, candy, sugary drinks, and snacks. Black children and teens viewed 70 percent more food-related TV ads, and 90 percent more ads for snacks and sugary drinks, as compared to their White peers. (10) A 2015 study published in the American Journal of Preventative Medicine found that eliminating the tax deduction for these expenses related only to television could reduce childhood obesity and save about $350,000,000 in healthcare costs over 10 years. (b) Denial of deduction for advertising and marketing directed at children To promote the consumption of food of poor nutritional quality (1) In general Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 280I. Denial of deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality (a) In general No deduction shall be allowed under this chapter with respect to— (1) any advertisement or marketing— (A) primarily directed at children for purposes of promoting the consumption by children of any food of poor nutritional quality, or (B) of a brand primarily associated with food of poor nutritional quality that is primarily directed at children, and (2) any of the following which are incurred or provided primarily for purposes described in paragraph (1): (A) Travel expenses (including meals and lodging). (B) Goods or services of a type generally considered to constitute entertainment, amusement, or recreation or the use of a facility in connection with providing such goods and services. (C) Gifts. (D) Other promotion expenses. (b) NAM Study (1) In general Not later than 60 days after the date of the enactment of this section, the Secretary shall enter into a contract with the National Academy of Medicine under which the National Academy of Medicine shall develop procedures for the evaluation and identification of— (A) food of poor nutritional quality, and (B) brands that are primarily associated with food of poor nutritional quality. (2) NAM Report Not later than 12 months after the date of the enactment of this section, the National Academy of Medicine shall submit to the Secretary a report that establishes the proposed procedures described in paragraph (1). (c) Definitions In this section: (1) Brand The term brand means a corporate or product name, a business image, or a mark, regardless of whether it may legally qualify as a trademark, used by a seller or manufacturer to identify goods or services and to distinguish them from the goods of a competitor. (2) Child The term child means an individual who is age 14 or under. (3) Food The term food shall include beverages, candy, and chewing gum. (d) Regulations Not later than 18 months after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Health and Human Services and the Federal Trade Commission and based on the report prepared by the National Academy of Medicine pursuant to subsection (b)(2), shall promulgate such regulations as may be necessary to carry out the purposes of this section, including regulations defining the terms marketing , directed at children , food of poor nutritional quality , and brand primarily associated with food of poor nutritional quality for purposes of this section. . (2) Clerical amendment The table of sections for such part IX is amended by adding at the end the following new item: Sec. 280I. Denial of deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality. . (3) Effective date The amendments made by this subsection shall apply to amounts paid or incurred in taxable years beginning 24 months after the date of the enactment of this Act. (c) Additional funding for the Fresh Fruit and Vegetable Program In addition to any other amounts made available to carry out the Fresh Fruit and Vegetable Program under section 19 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a ), the Secretary of the Treasury (or the Secretary's delegate) shall, on an annual basis, transfer to such program, from amounts in the general fund of the Treasury of the United States, an amount determined by the Secretary of the Treasury (or the Secretary's delegate) to be equal to the increase in revenue for the preceding 12-month period by reason of the amendments made by subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-117s5086is/xml/BILLS-117s5086is.xml |
117-s-5087 | II 117th CONGRESS 2d Session S. 5087 IN THE SENATE OF THE UNITED STATES November 15, 2022 Ms. Murkowski (for herself and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Not Invisible Act of 2019 to extend, and provide additional support for, the activities of the Department of the Interior and the Department of Justice Joint Commission on Reducing Violent Crime Against Indians, and for other purposes.
1. Extension of, and additional support for the activities of, the Department of the Interior and the Department of Justice Joint Commission on Reducing Violent Crime Against Indians (a) Extension of Commission and activities of the Commission Section 4 of the Not Invisible Act of 2019 ( Public Law 116–166 ; 134 Stat. 767) is amended— (1) in subsection (c)(2)(B), by striking 18 months after the enactment and inserting 36 months after the date of enactment ; and (2) in subsection (e), by striking 2 years and inserting 42 months . (b) Additional support for activities of Commission Section 4(b) of the Not Invisible Act of 2019 ( Public Law 116–166 ; 134 Stat. 767) is amended— (1) in the subsection heading, by inserting ; Operation after Membership ; and (2) by adding at the end the following: (7) Funding The Secretary of the Interior and the Attorney General shall contribute the funds necessary for the operation of the Commission. (8) Gifts The Commission may accept and use gifts or donations of services or property from Indian tribes or Tribal entities, academic institutions, or other not-for-profit organizations as it considers necessary to carry out the duties of the Commission described in subsection (c). . | https://www.govinfo.gov/content/pkg/BILLS-117s5087is/xml/BILLS-117s5087is.xml |
117-s-5088 | II 117th CONGRESS 2d Session S. 5088 IN THE SENATE OF THE UNITED STATES November 15, 2022 Mr. Casey (for himself and Mr. Portman ) 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 improve the enrollment of retiring individuals in the Medicare program.
1. Short title This Act may be cited as the Healthcare Enrollment Reform Modernization and Navigation Act . 2. Coordination of Medicare benefits with other health care insurance (a) In general Section 1862(b)(1)(A) of the Social Security Act ( 42 U.S.C. 1395y(b)(1)(A) ) is amended by adding at the end the following new clause: (vi) Coordination of benefits with other health care insurance Notwithstanding any other provision of law, in the event that an individual is enrolled in an employer group health plan (including a multiemployer or multiple employer group health plan) by virtue of current employment status with an employer that does not have 20 or more individuals in current employment status for each working day in each of 20 or more calendar weeks in the current calendar year and the preceding calendar year and the individual is eligible but not enrolled in coverage under part B, such employer group health plan shall not reduce benefits under the plan with respect to the individual on the basis that the individual could have been enrolled in coverage under part B. Nothing in the preceding sentence shall require such employer group health plan to provide coverage to an individual who elects to enroll in coverage under part B or to prohibit such plan from terminating such coverage or reducing benefits if such individual makes such election. . (b) Effective date The amendment made by subsection (a) shall apply to items and services furnished on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5088is/xml/BILLS-117s5088is.xml |
117-s-5089 | II 117th CONGRESS 2d Session S. 5089 IN THE SENATE OF THE UNITED STATES November 15, 2022 Mr. Boozman (for himself, Mr. Blumenthal , Mr. Graham , Ms. Murkowski , Mr. King , Ms. Rosen , Mr. Sanders , Mr. Brown , Mr. Kelly , Mr. Wyden , Mrs. Feinstein , Ms. Klobuchar , Ms. Hassan , Mr. Tester , Mr. Bennet , and Mr. Braun ) 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 reinstate criminal penalties for persons charging veterans unauthorized fees relating to claims for benefits under the laws administered by the Secretary of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Governing Unaccredited Representatives Defrauding VA Benefits Act or the GUARD VA Benefits Act . 2. Reinstatement of penalties for charging veterans unauthorized fees relating to claims for benefits under laws administered by the Secretary of Veterans Affairs Section 5905 of title 38, United States Code, is amended— (1) in the section heading, by striking Penalty and inserting Penalties (and conforming the table of sections at the beginning of chapter 59 of such title accordingly); (2) by inserting (a) Withholding of benefits.— before Whoever ; and (3) by adding at the end the following new subsection: (b) Charging of unauthorized fees Except as provided in sections 5904 or 1984 of this title, whoever directly or indirectly solicits, contracts for, charges, or receives, or attempts to solicit, contract for, charge, or receive, any fee or compensation with respect to the preparation, presentation, or prosecution of any claim for benefits under the laws administered by the Secretary shall be fined as provided in title 18, or imprisoned not more than one year, or both. . | https://www.govinfo.gov/content/pkg/BILLS-117s5089is/xml/BILLS-117s5089is.xml |
117-s-5090 | II 117th CONGRESS 2d Session S. 5090 IN THE SENATE OF THE UNITED STATES November 15, 2022 Mrs. Fischer (for herself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Administrator of the Maritime Administration to publicly report cargo preference data on an annual basis.
1. Short title This Act may be cited as the Cargo Preference Reporting Act . 2. Reporting requirements (a) In general Subchapter I of chapter 553 of title 46, United States Code, is amended by adding at the end the following: 55306. Annual report on cargo preference data (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Maritime Administration. (2) Cargo preference data The term cargo preference data means data made available to the Maritime Administration regarding compliance with sections 55302, 55303, 55304, and 55305 of this subchapter and section 2631 of title 10, United States Code. (b) In general By March 1 of each fiscal year, the Administrator shall prepare, submit to Congress, and make public a report regarding the cargo preference data received by the Administrator for the preceding fiscal year. (c) Contents Each report submitted under subsection (b) shall include, for each Federal department or agency— (1) the total cargo volume and amount shipped by the department or agency on vessels of the United States for the period of the report; and (2) the total cargo volume and amount shipped by the department or agency on foreign vessels for such period. (d) Rulemaking The Administrator shall promulgate rules to implement this section, which shall clarify how the report will be made accessible to the public. . (b) Conforming amendment The table of sections for chapter 553 of title 46, United States Code, is amended by inserting after the item relating to section 55305 the following: Sec. 55306. Annual report on cargo preference data. . | https://www.govinfo.gov/content/pkg/BILLS-117s5090is/xml/BILLS-117s5090is.xml |
117-s-5091 | II 117th CONGRESS 2d Session S. 5091 IN THE SENATE OF THE UNITED STATES November 15, 2022 Mr. Manchin 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 authorize the expansion of the Appalachian development highway system.
1. Short title This Act may be cited as the Fixing Our Country Roads Act . 2. Expansion of Appalachian development highway system Section 14501 of title 40, United States Code, is amended— (1) in subsection (a), in the second sentence, by striking three thousand and ninety miles and inserting the total number of miles established by the Secretary under subsection (h) ; and (2) by adding at the end the following: (h) Expansion of the Appalachian development highway system As soon as practicable after the date of enactment of this subsection, the Secretary shall establish the total number of miles that is authorized to be constructed for the Appalachian development highway system under subsection (a) based on— (1) a report prepared by the Secretary before the date of enactment of this subsection in which the Secretary describes the total number of miles that should be authorized to be constructed for the Appalachian development highway system under subsection (a); or (2) if the Secretary determines that there is not an existing report that addresses the matters described in paragraph (1), a report prepared by the Secretary, in consultation with the Appalachian Regional Commission and applicable State departments of transportation, as soon as practicable after the date of enactment of this subsection, that describes the total number of miles that should be authorized to be constructed for the Appalachian development highway system under subsection (a). . | https://www.govinfo.gov/content/pkg/BILLS-117s5091is/xml/BILLS-117s5091is.xml |
117-s-5092 | II 117th CONGRESS 2d Session S. 5092 IN THE SENATE OF THE UNITED STATES November 15, 2022 Mr. Manchin 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 relocate the headquarters of the Appalachian Regional Commission, and for other purposes.
1. Short title This Act may be cited as the ARC Relocation Act . 2. Headquarters of the Appalachian Regional Commission (a) Findings Congress finds that— (1) Senate Report 115–258, accompanying S. 2975 (115th Congress), contained bipartisan language expressing a belief that if the Appalachian Regional Commission is going to move, it should move to the State of West Virginia ; (2) the greater Washington, DC, metropolitan area accounts for 22 percent of the Federal workforce, yet only accounts for less than 2 percent of the population of the United States; (3) the headquarters of the Delta Regional Authority, the Denali Commission, and the Northern Border Regional Commission are already headquartered in their respective regions; (4) headquartering a regional commission within the jurisdiction of the commission can reduce administrative overhead, increase accountability to the people the commission was designed to serve, and enhance confidence in the work of that commission; (5) the Appalachian Regional Commission is an economic development agency focused on the Appalachian region and representing a partnership of Federal, State, and local governments across 13 States; (6) despite the reach of the Appalachian Regional Commission across 13 States, West Virginia remains the only State fully within the jurisdiction of the Appalachian Regional Commission; (7) West Virginia is located at the midpoint of the Appalachian region; (8) West Virginia is central to the creation of the Appalachian Regional Commission; (9) following the visit of President John F. Kennedy to West Virginia during his presidential campaign in 1960, he was moved by the poverty he observed there and he worked to create the Appalachian Regional Commission through an Act of Congress in 1965; (10) the Appalachian Regional Commission is critical to assisting communities impacted by the decline of the coal industry as well as the opioid crisis, and no State has seen a greater impact from those issues than West Virginia; (11) one of the top goals of the Appalachian Regional Commission is to spur economic opportunities in the Appalachian region by investing in strategies that strengthen the economy of the region; and (12) an effective way to achieve the goal referred to in paragraph (11) is to directly invest in the region by relocating the workforce of the Appalachian Regional Commission to the region itself. (b) Headquarters Section 14301 of title 40, United States Code, is amended by adding at the end the following: (g) Headquarters The headquarters of the Commission shall be located in the State of West Virginia. . (c) Implementation The Federal Cochairman of the Appalachian Regional Commission shall take such actions as may be necessary to carry out the amendment made by subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-117s5092is/xml/BILLS-117s5092is.xml |
117-s-5093 | II 117th CONGRESS 2d Session S. 5093 IN THE SENATE OF THE UNITED STATES November 15, 2022 Ms. Smith (for herself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To further protect patients and improve the accuracy of provider directory information by eliminating ghost networks.
1. Short title This Act may be cited as the Behavioral Health Network and Directory Improvement Act . 2. Protecting patients and improving the accuracy of provider directory information (a) PHSA Section 2799A–5 of the Public Health Service Act ( 42 U.S.C. 300gg–115 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking For plan years beginning on or after January 1, 2022, each and inserting Each ; (ii) in subparagraph (C), by striking ; and and inserting a semicolon; (iii) in subparagraph (D), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (E) ensure that any directory, including the database described in subparagraph (C), containing provider directory information with respect to such plan or such coverage complies with the requirements developed by the appropriate agencies in accordance with paragraph (6) in order to ensure that participants, beneficiaries, and enrollees are able to identify actively participating health care providers and health care facilities. ; (B) in paragraph (2)(A), by striking 90 days and inserting 30 days ; (C) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking , in the case such request is made through a telephone call ; and (ii) in subparagraph (A), by striking call is received, through a written electronic or print (as requested by such individual) communication and inserting a request is received, by telephone, or through a written electronic or print communication (as requested by such individual) ; (D) in paragraph (4)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (C) information, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection (b) in the event of reliance on inaccurate provider network information supplied by a group health plan or health insurance issuer, and contact information for the State consumer assistance program or ombudsman for more information. ; (E) in paragraph (5), by adding at the end the following: Such information shall include a statement, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection (b) in the event of reliance on inaccurate provider directory information supplied by a group health plan or health insurance issuer, and contact information for the State consumer assistance program or ombudsman for more information. ; (F) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; (G) by inserting after paragraph (5) the following: (6) Protecting participants, beneficiaries, and enrollees from ghost networks The Secretary, in collaboration with the Secretary of Labor and the Secretary of the Treasury, shall— (A) not later than 180 days after the date of enactment of the Behavioral Health Network and Directory Improvement Act , issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) further defining the term ghost network (as defined in paragraph (8)); and (B) not later than 18 months after the date of enactment of the Behavioral Health Network and Directory Improvement Act , issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code), subregulatory guidance, or program instruction on how to assess ghost networks in health plan directories including reasonable assumptions related to statistics and research methods. (7) Database reporting and auditing to protect against ghost networks (A) Reporting requirements Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , each group health plan and health insurance issuer offering group or individual health insurance coverage shall submit to the Secretary, at such time as the Secretary, in coordination with the Secretary of Labor and the Secretary of the Treasury, shall require, but not less frequently than annually, the directory data described in paragraph (a)(4), in a machine readable format (as defined in section 147.210(a)(2)(xiv) of title 45, Code of Federal Regulations (or any successor regulations)). The Secretary, in coordination with the Secretary of Labor and the Secretary of the Treasury, shall make data submitted under this subparagraph available on a public website. (B) Provider directory independent audit requirements (i) In general Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , each group health plan and health insurance issuer offering group or individual health insurance coverage shall conduct an annual directory audit, through an independent entity not associated with the health plan or issuer, that considers the factors described in clause (ii)(I)(aa) and follows the guidelines developed under clause (ii)(I)(bb). (ii) Factors (I) In general For purposes of carrying out the audits under this subparagraph, the Secretary shall— (aa) develop a list of factors to be considered; and (bb) provide guidelines for carrying out such audits, for use by group health plans and health insurance issuers, on— (AA) the reasonable assumptions and research methods to select a reasonable sample in order to assess provider directory information accuracy; and (BB) determining the criteria of an eligible auditor. (II) Contents The factors under subclause (I)(aa) shall include the following: (aa) A list of every health care provider and health care facility that was part of the network of the applicable plan or coverage, the months during the plan year during which each such provider or facility was part of the network, and the number of participants, beneficiaries, and enrollees in the plan or coverage (including participants, beneficiaries, and enrollees who are new patients of the provider) each such provider or facility treated during such period. (bb) The proportion of directory listings of the plan or coverage with inaccurate information, including incorrect contact information, including incorrect contact information, as specified by the Secretary, during the audit period. (cc) The number of in-network items or services paid on behalf of participants, beneficiaries, and enrollees in the plan or coverage to providers or facilities who have a network provider contract with the health plan or issuer and were not listed in the directory of the health plan or health insurance coverage for the audit period. (dd) The resources of the plan or issuer to help participants, beneficiaries, and enrollees locate an accurately listed in-network provider who is accepting new patients. (ee) The proportion of participants, beneficiaries, and enrollees using out-of-network providers for mental health and substance use disorder services, and the proportion of participants, beneficiaries, and enrollees using out-of-network providers and facilities for medical and surgical services. (ff) Documentation that the plan or issuer verifies the accuracy of the provider directory information every 30 days. (gg) Other factors as determined by the Secretary. (iii) Requirements of the independent audit An audit under this subparagraph is complete if all of the following conditions are met: (I) The audit report includes the following: (aa) A statement by the independent auditor that, to the best of the auditor's knowledge, the report is complete and accurate, and that reasonable assumptions related to statistics and research methods have been complied with. (bb) A statement explaining the assumptions, statistics, and methods used to select the sample and assess provider directory information accuracy. (cc) Such other information as the Secretary determines necessary. (II) The group health plan or health insurer issuer makes the independent audit available on a public website. (iv) Rulemaking The Secretary, the Secretary of Labor, and the Secretary of the Treasury shall issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) concerning the national standards for conducting audits under this subparagraph, not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act . (C) Audits by the Secretary (i) In general Beginning not later than the third plan year after the date of enactment of the Behavioral Health Network and Directory Improvement Act , the Secretary shall conduct annual audits to ensure compliance with the provider directory requirements of this subsection. (ii) Requirements Audits conducted by the Secretary under this subparagraph shall— (I) assess the accuracy of the information provided in health plan directories required under this subsection, including the proportion of listings with incorrect information, the last date on which the behavioral health network of the group health plan or health insurance coverage was updated, and other information determined appropriate by the Secretary; and (II) use reasonable assumptions related to statistics and research methods to identify a representative sample of listings for analysis and such methods as the Secretary determines appropriate, which may include retrospective analysis of billing data. (iii) Selection of plans and issuers The Secretary shall conduct annual audits of a total of not fewer than 10 group health plans or health insurance issuers offering group or individual health insurance coverage, as determined by the Secretary, that are the subjects of complaints about ghost networks or other complaints, or that are randomly selected by the Secretary. ; and (H) in paragraph (8), as so redesignated— (i) in the paragraph heading, by striking Definition and inserting Definitions ; (ii) by striking For purposes of this subsection, the term and inserting the following: “For purposes of this subsection: (A) Provider directory information The term ; (iii) by striking health insurance coverage, the name and inserting “health insurance coverage— (i) the name ; (iv) by striking the period and inserting ; and ; and (v) by adding at the end the following: (ii) with respect to each such provider or facility— (I) whether such provider or facility is accepting new patients; (II) the languages spoken and the availability of language translators for specified languages at each health care facility listed in the directory; (III) whether the provider or facility offers medication-assisted treatment for opioid use disorder; (IV) the State license number; (V) the national provider identifier; (VI) the age groups served by the provider or facility, such as pediatric, adolescent, adult, or geriatric populations; (VII) whether such provider or facility offers in-person services, telehealth services, or both; and (VIII) the cost-sharing tier, if applicable. (B) Ghost network The term ghost network means a group health plan or group or individual health insurance coverage for which the provider directory information describing the network of such plan or coverage— (i) does not include accurate required information for purposes of making an appointment for in-network care within a reasonable time period; (ii) includes a meaningful number of providers and facilities (as specified by the Secretary, in coordination with the Secretary of Labor and the Secretary of the Treasury) in a specialty who are not accepting new patients within a time period specified by such secretaries; (iii) includes providers that are not part of the network; or (iv) omits providers that are part of the network. ; and (2) in subsection (b)— (A) in paragraph (1), by striking and if either of the criteria described in paragraph (2) applies with respect to such participant, beneficiary, or enrollee and item or service ; and (B) by striking paragraph (2) and inserting the following: (2) Reconciliation requirement For purposes of paragraph (1), a group health plan or group or individual health insurance coverage offered by a health insurance issuer, on a regular basis, shall reconcile payment requests for items or services furnished by a nonparticipating provider or a nonparticipating facility and the posted provider directory database for the day the delivered item or service was provided. If a nonparticipating provider was listed as a participating provider in the directory, the group health plan or health insurance issuer shall notify the participant, beneficiary, or enrollee, in plain language, that the participant, beneficiary, or enrollee may be eligible for a refund from the group health plan or health insurance issuer if such participant, beneficiary, or enrollee paid the out of network cost-sharing and did not receive a refund under section 2799B–9(b). . (b) ERISA (1) In general Section 720 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185i ) is amended— (A) in subsection (a)— (i) in paragraph (1)— (I) by striking For plan years beginning on or after January 1, 2022, each and inserting Each ; (II) in subparagraph (C), by striking ; and and inserting a semicolon; (III) in subparagraph (D), by striking the period and inserting ; and ; and (IV) by adding at the end the following: (E) ensure that any directory, including the database described in subparagraph (C), containing provider directory information with respect to such plan or such coverage complies with the requirements developed by the appropriate agencies in accordance with paragraph (6) in order to ensure that participants, beneficiaries, and enrollees are able to identify actively participating health care providers and health care facilities. ; (ii) in paragraph (2)(A), by striking 90 days and inserting 30 days ; (iii) in paragraph (3)— (I) in the matter preceding subparagraph (A), by striking , in the case such request is made through a telephone call ; and (II) in subparagraph (A), by striking call is received, through a written electronic or print (as requested by such individual) communication and inserting a request is received, by telephone, or through a written electronic or print communication (as requested by such individual) ; (iv) in paragraph (4)— (I) in subparagraph (A), by striking and at the end; (II) in subparagraph (B), by striking the period and inserting ; and ; and (III) by adding at the end the following: (C) information, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection (b) in the event of reliance on inaccurate provider network information supplied by a group health plan or health insurance issuer, and contact information for the State consumer assistance program or ombudsman for more information. ; (v) in paragraph (5), by adding at the end the following: Such information shall include a statement, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection (b) in the event of reliance on inaccurate provider directory information supplied by a group health plan or health insurance issuer, and contact information for the State consumer assistance program or ombudsman for more information. ; (vi) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; (vii) by inserting after paragraph (5) the following: (6) Protecting participants, beneficiaries, and enrollees from ghost networks The Secretary, in collaboration with the Secretary of Labor and the Secretary of the Treasury, shall— (A) not later than 180 days after the date of enactment of the Behavioral Health Network and Directory Improvement Act , issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) further defining the term ghost network (as defined in paragraph (8)); and (B) not later than 18 months after the date of enactment of the Behavioral Health Network and Directory Improvement Act , issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code), subregulatory guidance, or program instruction on how to assess ghost networks in health plan directories including reasonable assumptions related to statistics and research methods. (7) Database reporting and auditing to protect against ghost networks (A) Reporting requirements Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , each group health plan and health insurance issuer offering group health insurance coverage shall submit to the Secretary, at such time as the Secretary, in coordination with the Secretary of Health and Human Services and the Secretary of the Treasury, shall require, but not less frequently than annually, the directory data described in paragraph (a)(4), in a machine readable format (as defined in section 147.210(a)(2)(xiv) of title 45, Code of Federal Regulations (or any successor regulations)). The Secretary, in coordination with the Secretary of Health and Human Services and the Secretary of the Treasury, shall make data submitted under this subparagraph available on a public website. (B) Provider directory independent audit requirements (i) In general Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , each group health plan and health insurance issuer offering group health insurance coverage shall conduct an annual directory audit, through an independent entity not associated with the health plan or issuer, that considers the factors described in clause (ii)(I)(aa) and follows the guidelines developed under clause (ii)(I)(bb). (ii) Factors (I) In general For purposes of carrying out the audits under this subparagraph, the Secretary shall— (aa) develop a list of factors to be considered; and (bb) provide guidelines for carrying out such audits, for use by group health plans and health insurance issuers, on— (AA) the reasonable assumptions and research methods to select a reasonable sample in order to assess provider directory information accuracy; and (BB) determining the criteria of an eligible auditor. (II) Contents The factors under subclause (I)(aa) shall include the following: (aa) A list of every health care provider and health care facility that was part of the network of the applicable plan or coverage, the months during the plan year during which each such provider or facility was part of the network, and the number of participants, beneficiaries, and enrollees in the plan or coverage (including participants, beneficiaries, and enrollees who are new patients of the provider) each such provider or facility treated during such period. (bb) The proportion of directory listings of the plan or coverage with inaccurate information, including incorrect contact information, including incorrect contact information, as specified by the Secretary, during the audit period. (cc) The number of in-network items or services paid on behalf of participants, beneficiaries, and enrollees in the plan or coverage to providers or facilities who have a network provider contract with the health plan or issuer and were not listed in the directory of the health plan or health insurance coverage for the audit period. (dd) The resources of the plan or issuer to help participants, beneficiaries, and enrollees locate an accurately listed in-network provider who is accepting new patients. (ee) The proportion of participants, beneficiaries, and enrollees using out-of-network providers for mental health and substance use disorder services, and the proportion of participants, beneficiaries, and enrollees using out-of-network providers and facilities for medical and surgical services. (ff) Documentation that the plan or issuer verifies the accuracy of the provider directory information every 30 days. (gg) Other factors as determined by the Secretary. (iii) Requirements of the independent audit An audit under this subparagraph is complete if all of the following conditions are met: (I) The audit report includes the following: (aa) A statement by the independent auditor that, to the best of the auditor's knowledge, the report is complete and accurate, and that reasonable assumptions related to statistics and research methods have been complied with. (bb) A statement explaining the assumptions, statistics, and methods used to select the sample and assess provider directory information accuracy. (cc) Such other information as the Secretary determines necessary. (II) The group health plan or health insurer issuer makes the independent audit available on a public website. (iv) Rulemaking The Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) concerning the national standards for conducting audits under this subparagraph, not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act . (C) Audits by the Secretary (i) In general Beginning not later than the third plan year after the date of enactment of the Behavioral Health Network and Directory Improvement Act , the Secretary shall conduct annual audits to ensure compliance with the provider directory requirements of this subsection. (ii) Requirements Audits conducted by the Secretary under this subparagraph shall— (I) assess the accuracy of the information provided in health plan directories required under this subsection, including the proportion of listings with incorrect information, the last date on which the behavioral health network of the group health plan or health insurance coverage was updated, and other information determined appropriate by the Secretary; and (II) use reasonable assumptions related to statistics and research methods to identify a representative sample of listings for analysis and such methods as the Secretary determines appropriate, which may include retrospective analysis of billing data. (iii) Selection of plans and issuers The Secretary shall conduct annual audits of a total of not fewer than 10 group health plans or health insurance issuers offering group health insurance coverage, as determined by the Secretary, that are the subjects of complaints about ghost networks or other complaints, or that are randomly selected by the Secretary. ; and (viii) in paragraph (8), as so redesignated— (I) in the paragraph heading, by striking Definition and inserting Definitions ; (II) by striking For purposes of this subsection, the term and inserting the following: “For purposes of this subsection: (A) Provider directory information The term ; (III) by striking health insurance coverage, the name and inserting “health insurance coverage— (i) the name ; (IV) by striking the period and inserting ; and ; and (V) by adding at the end the following: (ii) with respect to each such provider or facility— (I) whether such provider or facility is accepting new patients; (II) the languages spoken and the availability of language translators for specified languages at each health care facility listed in the directory; (III) whether the provider or facility offers medication-assisted treatment for opioid use disorder; (IV) the State license number; (V) the national provider identifier; (VI) the age groups served by the provider or facility, such as pediatric, adolescent, adult, or geriatric populations; (VII) whether such provider or facility offers in-person services, telehealth services, or both; and (VIII) the cost-sharing tier, if applicable. (B) Ghost network The term ghost network means a group health plan or group health insurance coverage for which the provider directory information describing the network of such plan or coverage— (i) does not include accurate required information for purposes of making an appointment for in-network care within a reasonable time period; (ii) includes a meaningful number of providers and facilities (as specified by the Secretary, in coordination with the Secretary of Health and Human Services and the Secretary of the Treasury) in a specialty who are not accepting new patients within a time period specified by such secretaries; (iii) includes providers that are not part of the network; or (iv) omits providers that are part of the network. ; and (B) in subsection (b)— (i) in paragraph (1), by striking and if either of the criteria described in paragraph (2) applies with respect to such participant, beneficiary, or enrollee and item or service ; and (ii) by striking paragraph (2) and inserting the following: (2) Reconciliation requirement For purposes of paragraph (1), a group health plan or group health insurance coverage offered by a health insurance issuer, on a regular basis, shall reconcile payment requests for items or services furnished by a nonparticipating provider or a nonparticipating facility and the posted provider directory database for the day the delivered item or service was provided. If a nonparticipating provider was listed as a participating provider in the directory, the group health plan or health insurance issuer shall notify the participant, beneficiary, or enrollee, in plain language, that the participant, beneficiary, or enrollee may be eligible for a refund from the group health plan or health insurance issuer if such participant, beneficiary, or enrollee paid the out of network cost-sharing and did not receive a refund under section 2799B–9(b) of the Public Health Service Act ( 42 U.S.C. 300gg–139 ). . (2) Civil monetary penalties for violations (A) Civil monetary penalties relating to provider directory requirements Section 502(c)(10) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c)(10)(A) ) is amended— (i) in the heading, by striking use of genetic information and inserting use of genetic information and provider directory requirements ; and (ii) in subparagraph (A)— (I) by striking any plan sponsor of a group health plan and inserting any plan sponsor or plan administrator of a group health plan ; and (II) by striking for any failure and all that follows through in connection with the plan. and inserting for any failure by such plan sponsor, plan administrator, or health insurance issuer, in connection with the plan— (i) to meet the requirements of subsection (a)(1)(F), (b)(3), (c), or (d) of section 702 or section 701 or 702(b)(1) with respect to genetic information; or (ii) to meet the requirements of section 720 with respect to provider directory information. . (B) Exception to the general prohibition on enforcement Section 502 of such Act ( 29 U.S.C. 1132 ) is amended— (i) in subsection (a)(6), by striking or (9) and inserting (9), or (10) ; and (ii) in subsection (b)(3)— (I) by striking subsections (c)(9) and (a)(6) and inserting subsections (c)(9), (c)(10), and (a)(6) ; (II) by striking under subsection (c)(9)) and inserting under subsections (c)(9) and (c)(10)), and except with respect to enforcement by the Secretary of section 720 ; and (III) by striking 706(a)(1) and inserting 733(a)(1) . (C) Effective date The amendments made by subparagraph (A) shall apply with respect to group health plans, or any health insurance issuer offering health insurance coverage in connection with such plan, for plan years beginning after the date that is 1 year after the date of enactment of this Act. (c) IRC Section 9820 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking For plan years beginning on or after January 1, 2022, each and inserting Each ; (ii) in subparagraph (C), by striking ; and and inserting a semicolon; (iii) in subparagraph (D), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (E) ensure that any directory, including the database described in subparagraph (C), containing provider directory information with respect to such plan complies with the requirements developed by the appropriate agencies in accordance with paragraph (6) in order to ensure that participants, beneficiaries, and enrollees are able to identify actively participating health care providers and health care facilities. ; (B) in paragraph (2)(A), by striking 90 days and inserting 30 days ; (C) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking , in the case such request is made through a telephone call ; and (ii) in subparagraph (A), by striking call is received, through a written electronic or print (as requested by such individual) communication and inserting a request is received, by telephone, or through a written electronic or print communication (as requested by such individual) ; (D) in paragraph (4)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (C) information, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection (b) in the event of reliance on inaccurate provider network information supplied by a group health plan, and contact information for the State consumer assistance program or ombudsman for more information. ; (E) in paragraph (5), by adding at the end the following: Such information shall include a statement, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection (b) in the event of reliance on inaccurate provider directory information supplied by a group health plan, and contact information for the State consumer assistance program or ombudsman for more information. ; (F) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; (G) by inserting after paragraph (5) the following: (6) Protecting participants, beneficiaries, and enrollees from ghost networks The Secretary, in collaboration with the Secretary of Labor and the Secretary of Health and Human Services, shall— (A) not later than 180 days after the date of enactment of the Behavioral Health Network and Directory Improvement Act , issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) further defining the term ghost network (as defined in paragraph (8)); and (B) not later than 18 months after the date of enactment of the Behavioral Health Network and Directory Improvement Act , issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code), subregulatory guidance, or program instruction on how to assess ghost networks in health plan directories including reasonable assumptions related to statistics and research methods. (7) Database reporting and auditing to protect against ghost networks (A) Reporting requirements Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , each group health plan shall submit to the Secretary, at such time as the Secretary, in coordination with the Secretary of Labor and the Secretary of Health and Human Services, shall require, but not less frequently than annually, the directory data described in paragraph (a)(4), in a machine readable format (as defined in section 147.210(a)(2)(xiv) of title 45, Code of Federal Regulations (or any successor regulations)). The Secretary, in coordination with the Secretary of Labor and the Secretary of Health and Human Services, shall make data submitted under this subparagraph available on a public website. (B) Provider directory independent audit requirements (i) In general Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , each group health plan shall conduct an annual directory audit, through an independent entity not associated with the health plan, that considers the factors described in clause (ii)(I)(aa) and follows the guidelines developed under clause (ii)(I)(bb). (ii) Factors (I) In general For purposes of carrying out the audits under this subparagraph, the Secretary shall— (aa) develop a list of factors to be considered; and (bb) provide guidelines for carrying out such audits, for use by group health plans, on— (AA) the reasonable assumptions and research methods to select a reasonable sample in order to assess provider directory information accuracy; and (BB) determining the criteria of an eligible auditor. (II) Contents The factors under subclause (I)(aa) shall include the following: (aa) A list of every health care provider and health care facility that was part of the network of the applicable plan, the months during the plan year during which each such provider or facility was part of the network, and the number of participants, beneficiaries, and enrollees in the plan (including participants, beneficiaries, and enrollees who are new patients of the provider) each such provider or facility treated during such period. (bb) The proportion of directory listings of the plan with inaccurate information, including incorrect contact information, including incorrect contact information, as specified by the Secretary, during the audit period. (cc) The number of in-network items or services paid on behalf of participants, beneficiaries, and enrollees in the plan to providers or facilities who have a network provider contract with the health plan and were not listed in the directory of the health plan for the audit period. (dd) The resources of the plan to help participants, beneficiaries, and enrollees locate an accurately listed in-network provider who is accepting new patients. (ee) The proportion of participants, beneficiaries, and enrollees using out-of-network providers for mental health and substance use disorder services, and the proportion of participants, beneficiaries, and enrollees using out-of-network providers and facilities for medical and surgical services. (ff) Documentation that the plan verifies the accuracy of the provider directory information every 30 days. (gg) Other factors as determined by the Secretary. (iii) Requirements of the independent audit An audit under this subparagraph is complete if all of the following conditions are met: (I) The audit report includes the following: (aa) A statement by the independent auditor that, to the best of the auditor's knowledge, the report is complete and accurate, and that reasonable assumptions related to statistics and research methods have been complied with. (bb) A statement explaining the assumptions, statistics, and methods used to select the sample and assess provider directory information accuracy. (cc) Such other information as the Secretary determines necessary. (II) The group health plan makes the independent audit available on a public website. (iv) Rulemaking The Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) concerning the national standards for conducting audits under this subparagraph, not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act . (C) Audits by the Secretary (i) In general Beginning not later than the third plan year after the date of enactment of the Behavioral Health Network and Directory Improvement Act , the Secretary shall conduct annual audits to ensure compliance with the provider directory requirements of this subsection. (ii) Requirements Audits conducted by the Secretary under this subparagraph shall— (I) assess the accuracy of the information provided in health plan directories required under this subsection, including the proportion of listings with incorrect information, the last date on which the behavioral health network of the group health plan was updated, and other information determined appropriate by the Secretary; and (II) use reasonable assumptions related to statistics and research methods to identify a representative sample of listings for analysis and such methods as the Secretary determines appropriate, which may include retrospective analysis of billing data. (iii) Selection of plans The Secretary shall conduct annual audits of a total of not fewer than 10 group health plans, as determined by the Secretary, that are the subjects of complaints about ghost networks or other complaints, or that are randomly selected by the Secretary. ; and (H) in paragraph (8), as so redesignated— (i) in the paragraph heading, by striking Definition and inserting Definitions ; (ii) by striking For purposes of this subsection, the term and inserting the following: “For purposes of this subsection: (A) Provider directory information The term ; (iii) by striking group health plan, the name and inserting “group health plan— (i) the name ; (iv) by striking the period and inserting ; and ; and (v) by adding at the end the following: (ii) with respect to each such provider or facility— (I) whether such provider or facility is accepting new patients; (II) the languages spoken and the availability of language translators for specified languages at each health care facility listed in the directory; (III) whether the provider or facility offers medication-assisted treatment for opioid use disorder; (IV) the State license number; (V) the national provider identifier; (VI) the age groups served by the provider or facility, such as pediatric, adolescent, adult, or geriatric populations; (VII) whether such provider or facility offers in-person services, telehealth services, or both; and (VIII) the cost-sharing tier, if applicable. (B) Ghost network The term ghost network means a group health plan for which the provider directory information describing the network of such plan— (i) does not include accurate required information for purposes of making an appointment for in-network care within a reasonable time period; (ii) includes a meaningful number of providers and facilities (as specified by the Secretary, in coordination with the Secretary of Labor and the Secretary of Health and Human Services) in a specialty who are not accepting new patients within a time period specified by such secretaries; (iii) includes providers that are not part of the network; or (iv) omits providers that are part of the network. ; and (2) in subsection (b)— (A) in paragraph (1), by striking and if either of the criteria described in paragraph (2) applies with respect to such participant, beneficiary, or enrollee and item or service ; and (B) by striking paragraph (2) and inserting the following: (2) Reconciliation requirement For purposes of paragraph (1), a group health plan, on a regular basis, shall reconcile payment requests for items or services furnished by a nonparticipating provider or a nonparticipating facility and the posted provider directory database for the day the delivered item or service was provided. If a nonparticipating provider was listed as a participating provider in the directory, the group health plan shall notify the participant, beneficiary, or enrollee, in plain language, that the participant, beneficiary, or enrollee may be eligible for a refund from the group health plan if such participant, beneficiary, or enrollee paid the out of network cost-sharing and did not receive a refund under section 2799B–9(b) of the Public Health Service Act ( 42 U.S.C. 300gg–139 ). . 3. Provider requirements to protect patients and improve the accuracy of provider directory information Section 2799B–9 of the Public Health Service Act ( 42 U.S.C. 300gg–139 ) is amended— (1) in subsection (a)— (A) in paragraph (3), by striking ; and and inserting a semicolon; (B) by redesignating paragraph (4) as paragraph (6); and (C) by inserting after paragraph (3) the following: (4) subject to paragraph (5), when a provider or facility that is not accepting new patients determines that it has the ability to accept new patients, within 5 business days of such determination; (5) when a solo practitioner or small provider, as determined by the Secretary, determines that it has the ability to accept new patients, within 10 business days of such determination; and ; and (2) by amending subsection (d) to read as follows: (d) Definition For purposes of this section, the term provider directory information includes— (1) the name, address, specialty, telephone number, and digital contact information of each individual health care provider contracted to participate in any of the networks of the group health plan or health insurance coverage involved; (2) the name, address, specialty, telephone number, and digital contact information of each medical group, clinic, or facility contracted to participate in any of the networks of the group health plan or health insurance coverage involved; and (3) with respect to each such provider, medical group, clinic, or facility— (A) whether such provider, medical group, clinic, or facility is accepting new patients; (B) the languages spoken and the availability of language translators for specified languages at each provider, medical group, clinic, or facility listed in the directory; (C) whether the provider, medical group, clinic, or facility offers medication-assisted treatment for opioid use disorder; (D) the State license number; (E) the national provider identifier; (F) the age groups served by such provider, group, clinic, or facility, such as pediatric, adolescent, adult, or geriatric populations; (G) whether such provider, group, clinic, or facility offers in-person services, telehealth services, or both; and (H) the cost-sharing tier, if applicable. . 4. Strengthening mental health and substance use disorder parity requirements (a) PHSA (1) Network adequacy requirements Section 2726(a) of the Public Health Service Act ( 42 U.S.C. 300gg–26(a) ) is amended by adding at the end the following: (9) Network adequacy requirements (A) In general The Secretary, the Secretary of Labor, and the Secretary of the Treasury shall issue regulations establishing national quantitative standards for mental health and substance use disorder network adequacy. Such standards shall consider— (i) the ratio of in-network mental health providers, separated by professional type of mental health provider, to participants, beneficiaries, and enrollees in a group health plan or health insurance coverage; (ii) the ratio of in-network substance use disorder providers, separated by professional type of substance use disorder provider, to participants, beneficiaries, and enrollees in a group health plan or health insurance coverage; (iii) separately, for each of mental health services and substance use disorder services— (I) geographic accessibility of providers; (II) geographic variation and population dispersion; (III) waiting times for appointments with participating providers; (IV) hours of operation for participating providers; (V) the ability of the network to meet the needs of participants, beneficiaries, and enrollees, including low-income individuals, individuals who are members of a racial or ethnic minority, individuals who live in a health professional shortage area, children and adults with serious, chronic, and complex health conditions, individuals with physical or mental disabilities or substance use disorders, pediatric populations, and individuals with limited English proficiency; (VI) the availability of in-person services, telehealth services, and hybrid services to serve the needs of participants, beneficiaries, and enrollees; and (VII) the percentage of in-network providers who have submitted a claim for payment during the previous 6 months; and (iv) other standards as determined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury. (B) Timing (i) Issuance The Secretary, the Secretary of Labor, and the Secretary of the Treasury shall— (I) issue proposed regulations required under subparagraph (A) not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act ; and (II) issue final regulations under subparagraph (A) not later than 1 year thereafter. (ii) Effective date The regulations promulgated under this paragraph shall take effect in the first plan year that begins after the date on which such final regulations are issued. (C) Audits The Secretary, the Secretary of Labor, and the Secretary of the Treasury shall conduct annual, targeted audits of not fewer than 10 group health plans and health insurance issuers offering group or individual health insurance coverage that the Secretaries determine to be the subject of the greatest number of complaints about mental health and substance use disorder network adequacy to ensure compliance with the requirements of this paragraph. Such audits shall begin not earlier than one year after the final regulations implementing this paragraph begin to apply to group health plans and health insurance issuers. . (2) Definitions Paragraphs (4) and (5) of section 2726(e) of the Public Health Service Act ( 42 U.S.C. 300gg–26(e) ) are amended to read as follows: (4) Mental health benefits The term mental health benefits means benefits with respect to services related to a mental health condition, defined consistently with generally recognized independent standards of current medical practice, such as the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. (5) Substance use disorder benefits The term substance use disorder benefits means benefits with respect to services related to a substance use disorder, defined consistently with generally recognized independent standards of current medical practice, such as the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. . (3) Standards for parity in reimbursement rates Section 2726(a) of the Public Health Service Act ( 42 U.S.C. 300gg–26(a) ), as amended by paragraph (1), is further amended by adding at the end the following: (10) Standards for parity in reimbursement rates (A) In general Not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall issue regulations on a standard for parity in reimbursement rates for mental health or substance use disorder benefits and medical and surgical benefits, based on a comparative analysis conducted by such Secretaries using data submitted by group health plans and health insurance issuers, provider associations, and other experts related to the cost of care delivery for mental health and substance use disorder benefits. (B) Requests for data Group health plans and health insurance issuers shall comply with any request for data issued by the Secretary, the Secretary of Labor, and the Secretary of the Treasury for purposes of developing the standards under subparagraph (A). (C) Effective date The regulations promulgated under subparagraph (A) shall apply to group health plans and health insurance issuers offering group or individual health insurance coverage beginning in the first plan year that begins after issuance of the final regulations. . (b) ERISA (1) Network adequacy requirements Section 712(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185a(a) ) is amended by adding at the end the following: (9) Network adequacy requirements (A) In general The Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall issue regulations establishing national quantitative standards for mental health and substance use disorder network adequacy. Such standards shall consider— (i) the ratio of in-network mental health providers, separated by professional type of mental health provider, to participants, beneficiaries, and enrollees in a group health plan or health insurance coverage; (ii) the ratio of in-network substance use disorder providers, separated by professional type of substance use disorder provider, to participants, beneficiaries, and enrollees in a group health plan or health insurance coverage; (iii) separately, for each of mental health services and substance use disorder services— (I) geographic accessibility of providers; (II) geographic variation and population dispersion; (III) waiting times for appointments with participating providers; (IV) hours of operation for participating providers; (V) the ability of the network to meet the needs of participants, beneficiaries, and enrollees, including low-income individuals, individuals who are members of a racial or ethnic minority, individuals who live in a health professional shortage area, children and adults with serious, chronic, and complex health conditions, individuals with physical or mental disabilities or substance use disorders, pediatric populations, and individuals with limited English proficiency; (VI) the availability of in-person services, telehealth services, and hybrid services to serve the needs of participants, beneficiaries, and enrollees; and (VII) the percentage of in-network providers who have submitted a claim for payment during the previous 6 months; and (iv) other standards as determined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury. (B) Timing (i) Issuance The Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall— (I) issue proposed regulations required under subparagraph (A) not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act ; and (II) issue final regulations under subparagraph (A) not later than 1 year thereafter. (ii) Effective date The regulations promulgated under this paragraph shall take effect in the first plan year that begins after the date on which such final regulations are issued. (C) Audits The Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall conduct annual, targeted audits of not fewer than 10 group health plans and health insurance issuers offering group health insurance coverage that the Secretaries determine to be the subject of the greatest number of complaints about mental health and substance use disorder network adequacy to ensure compliance with the requirements of this paragraph. Such audits shall begin not earlier than one year after the final regulations implementing this paragraph begin to apply to group health plans and health insurance issuers. . (2) Definitions Paragraphs (4) and (5) of section 712(e) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185a(e) ) are amended to read as follows: (4) Mental health benefits The term mental health benefits means benefits with respect to services related to a mental health condition, defined consistently with generally recognized independent standards of current medical practice, such as the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. (5) Substance use disorder benefits The term substance use disorder benefits means benefits with respect to services related to a substance use disorder, defined consistently with generally recognized independent standards of current medical practice, such as the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. . (3) Standards for parity in reimbursement rates Section 712(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185a(a) ), as amended by paragraph (1), is further amended by adding at the end the following: (10) Standards for parity in reimbursement rates (A) In general Not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall issue regulations on a standard for parity in reimbursement rates for mental health or substance use disorder benefits and medical and surgical benefits, based on a comparative analysis conducted by such Secretaries using data submitted by group health plans and health insurance issuers, provider associations, and other experts related to the cost of care delivery for mental health and substance use disorder benefits. (B) Requests for data Group health plans and health insurance issuers shall comply with any request for data issued by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury for purposes of developing the standards under subparagraph (A). (C) Effective date The regulations promulgated under subparagraph (A) shall apply to group health plans and health insurance issuers offering group health insurance coverage beginning in the first plan year that begins after issuance of the final regulations. . (c) IRC (1) Network adequacy requirements Section 9812(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (9) Network adequacy requirements (A) In general The Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall issue regulations establishing national quantitative standards for mental health and substance use disorder network adequacy. Such standards shall consider— (i) the ratio of in-network mental health providers, separated by professional type of mental health provider, to participants, beneficiaries, and enrollees in a group health plan; (ii) the ratio of in-network substance use disorder providers, separated by professional type of substance use disorder provider, to participants, beneficiaries, and enrollees in a group health plan; (iii) separately, for each of mental health services and substance use disorder services— (I) geographic accessibility of providers; (II) geographic variation and population dispersion; (III) waiting times for appointments with participating providers; (IV) hours of operation for participating providers; (V) the ability of the network to meet the needs of participants, beneficiaries, and enrollees, including low-income individuals, individuals who are members of a racial or ethnic minority, individuals who live in a health professional shortage area, children and adults with serious, chronic, and complex health conditions, individuals with physical or mental disabilities or substance use disorders, pediatric populations, and individuals with limited English proficiency; (VI) the availability of in-person services, telehealth services, and hybrid services to serve the needs of participants, beneficiaries, and enrollees; and (VII) the percentage of in-network providers who have submitted a claim for payment during the previous 6 months; and (iv) other standards as determined by the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor. (B) Timing (i) Issuance The Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall— (I) issue proposed regulations required under subparagraph (A) not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act ; and (II) issue final regulations under subparagraph (A) not later than 1 year thereafter. (ii) Effective date The regulations promulgated under this paragraph shall take effect in the first plan year that begins after the date on which such final regulations are issued. (C) Audits The Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall conduct annual, targeted audits of not fewer than 10 group health plans that the Secretaries determine to be the subject of the greatest number of complaints about mental health and substance use disorder network adequacy to ensure compliance with the requirements of this paragraph. Such audits shall begin not earlier than one year after the final regulations implementing this paragraph begin to apply to group health plans. . (2) Definitions Paragraphs (4) and (5) of section 9812(e) of the Internal Revenue Code of 1986 are amended to read as follows: (4) Mental health benefits The term mental health benefits means benefits with respect to services related to a mental health condition, defined consistently with generally recognized independent standards of current medical practice, such as the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. (5) Substance use disorder benefits The term substance use disorder benefits means benefits with respect to services related to a substance use disorder, defined consistently with generally recognized independent standards of current medical practice, such as the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. . (3) Standards for parity in reimbursement rates Section 9812(a) of the Internal Revenue Code of 1986, as amended by paragraph (1), is further amended by adding at the end the following: (10) Standards for parity in reimbursement rates (A) In general Not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall issue regulations on a standard for parity in reimbursement rates for mental health or substance use disorder benefits and medical and surgical benefits, based on a comparative analysis conducted by such Secretaries using data submitted by group health plans, provider associations, and other experts related to the cost of care delivery for mental health and substance use disorder benefits. (B) Requests for data Group health plans shall comply with any request for data issued by the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor for purposes of developing the standards under subparagraph (A). (C) Effective date The regulations promulgated under subparagraph (A) shall apply to group health plans beginning in the first plan year that begins after issuance of the final regulations. . 5. State and Tribal ombudsman programs relating to mental health and substance use disorder parity Part C of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–91 et seq. ) is amended— (1) by redesignating section 2794 ( 42 U.S.C. 300gg–95 ) (regarding uniform fraud and abuse referral format), as added by section 6603 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), as section 2795; and (2) by adding at the end the following: 2796. State and Tribal ombudsman programs relating to mental health and substance use disorder parity (a) In general The Secretary shall make grants to eligible entities, designated by a State, Indian Tribe, or Tribal organization, as described in subsection (b), for the purpose of— (1) establishing or supporting State and Tribal mental health and substance use disorder parity ombudsman programs to— (A) educate consumers about the mental health and substance use disorder coverage in individual plans, group health plans, self-insured plans, and State Medicaid managed care plans; (B) assist consumers in understanding their rights as health benefits plan members, including appeal processes and how to use such benefits, and how to access appropriate medical information; (C) assist consumers in exercising their rights under the provisions of part D, including resolving problems related to a group health plan or health insurance issuer erroneously charging a consumer out-of-network rates for services listed in-network on the group health plan or health insurance issuer’s provider directory; (D) identify, investigate, and help resolve complaints related to mental health and substance use disorder coverage (including potential violations of the mental health and substance use disorder parity laws) on behalf of consumers; (E) maintain a toll-free hotline and website for consumers; (F) collect, track, and quantify problems and inquiries encountered by consumers; and (G) other activities as defined by the Secretary; and (2) provide support and training for such State and Tribal mental health parity ombudsman programs (such as through the establishment of a mental health parity ombudsman program resource center). (b) Eligibility To be eligible to receive a grant under this section, a State, Indian Tribe, or Tribal organization shall designate an ombudsman or consumer assistance program or other independent entity that— (1) has specialized knowledge of mental health conditions and substance use disorders and experience resolving inquiries and complaints; and (2) directly, or in coordination with departments of insurance, and consumer assistance organizations, receives and responds to inquiries and complaints concerning access to mental health and substance use disorder services. (c) Criteria A State, Indian Tribe, or Tribal organization that receives a grant under this section shall comply with criteria established by the Secretary for carrying out activities under such grant. (d) Data collection As a condition of receiving a grant, an eligible entity shall agree to— (1) collect and report data to the Secretary, State legislature, and relevant State agencies, including the departments of insurance and the State attorney general, on the numbers and types of problems and inquiries encountered by individuals with respect to access to behavioral health services; and (2) report to the Secretary on how identified problems were addressed, including through promising practices related to responding to mental health and substance use disorder coverage issues, including appeals and education. (e) Report to congress Not later than 4 years after the date of the enactment of the Behavioral Health Network and Directory Improvement Act , the Secretary shall submit to Congress a report on the data collected under subsection. (f) Definitions In this section, the terms Indian Tribe and Tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated $20,000,000 for fiscal year 2024 and $10,000,000 for fiscal year 2025 and each fiscal year thereafter. . 6. Report to Congress (a) In general Not later than 6 years after the date of enactment of this Act and every 2 years for the next 10 years, the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury (collectively referred to in this section as the Secretaries ) shall jointly submit to Congress and make publicly available a report to assess the prevalence of ghost networks and the adequacy of mental health and substance use disorder networks, in accordance with section 2726(a)(9) of the Public Health Service Act, section 712(a)(9) of the Employee Retirement Income Security Act of 1974, and section 9812(a)(9) of the Internal Revenue Code of 1986, as amended by section 4. Such report shall include the following: (1) Aggregate information about group health plans and health insurance issuers determined by the Secretaries to be out of compliance with the provider directory requirements under section 2799A–5 of the Public Health Service Act, section 720 of the Employee Retirement Income Security Act of 1974, and section 9820 of the Internal Revenue Code of 1986, as amended by section 2. (2) Aggregate information about group health plans and health insurance issuers determined by the Secretaries to be out of compliance with the requirements for parity in mental health and substance use disorder benefits under section 2726 of the Public Health Service Act ( 42 U.S.C. 300gg–26 ), section 712 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185a ), and section 9812 of the Internal Revenue Code of 1986, as amended by section 4. (3) A summary of findings through audits, in the aggregate, under section 2799A–5(a)(7)(C) of the Public Health Service Act, section 720(a)(7)(C) of the Employee Retirement Income Security Act of 1974, and section 9820(a)(7)(C) of the Internal Revenue Code of 1986, as amended by section 2, including— (A) the provider directory accuracy rating assigned by the Secretaries; (B) the accuracy of provider directory information, sectioned out by accuracy of the provider’s name, address, specialty, telephone number, digital contact information, whether the providers are accepting new patients, in-network status, linguistic- and cultural-competency, and availability of medications for opioid use disorder; (C) the number of plans and individuals enrolled in a group health plan or group or individual health insurance coverage that offers a mental health and substance use disorder network that meets the network adequacy standards under, as applicable, section 2799A–5 of the Public Health Service Act, section 720 of the Employee Retirement Income Security Act of 1974, or section 9820 of the Internal Revenue Code of 1986, as amended by section 2; and (D) the number of individuals enrolled in a group health plan or group or individual health insurance coverage with a ghost network. (4) A comparative analysis of in-network and out-of-network reimbursement rates for mental health and substance use disorder services compared to medical and surgical services by group health plans and health insurance issuers. (b) Definition In this section, the term ghost network has the meaning given such term in section 2799A–5(a)(8) of the Public Health Service Act, section 720(a)(8) of the Employee Retirement Income Security Act of 1974, and section 9820(a)(8) of the Internal Revenue Code of 1986, as amended by section 2. 7. Authorization of appropriations To carry out this Act, including the amendments made by this Act, in addition to amounts otherwise made available for such purposes, there are authorized to be appropriated $28,000,000 for each of fiscal years 2023 through 2032. | https://www.govinfo.gov/content/pkg/BILLS-117s5093is/xml/BILLS-117s5093is.xml |
117-s-5094 | II 117th CONGRESS 2d Session S. 5094 IN THE SENATE OF THE UNITED STATES November 15, 2022 Mrs. Gillibrand (for herself, Ms. Warren , Mr. Sanders , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to authorize state of good repair grants to be used for public transportation resilience improvement, and for other purposes.
1. Short title This Act may be cited as the Resilient Transit Act of 2022 . 2. Definitions Section 5302 of title 49, United States Code, is amended— (1) by redesignating paragraphs (17) through (25) as paragraphs (18) through (26), respectively; and (2) by inserting after paragraph (16) the following: (17) Resilience improvement The term resilience improvement has the meaning given the term in section 176(a) of title 23. . 3. State of good repair grants for public transportation resilience improvement (a) In general Section 5337 of title 49, United States Code, is amended by adding at the end the following: (g) Public transportation resilience improvement grants (1) In general The Secretary may make grants under this subsection to assist State and local government authorities in financing 1 or more eligible activities described in paragraph (2). (2) Eligible activities (A) In general A recipient of a grant under this subsection may use grant amounts for public transportation resilience improvements that increase the resilience of public transportation systems from the impacts of changing conditions, such as sea level rise, flooding, wildfires, extreme weather events, and other natural disasters. (B) Inclusions Activities eligible to be carried out using grant amounts under this subsection include— (i) the installation of mitigation measures that prevent the intrusion of floodwaters; (ii) the installation of equipment to detect the occurrence of a flood event; (iii) the replacement of equipment or facilities that are currently prone to flood events or will be in the future; (iv) the purchase of new equipment to support regular maintenance of drainage and pumping infrastructure; (v) the replacement of equipment stressed during extreme temperature events; (vi) the installation of equipment to regulate temperatures and sensors to monitor extreme temperatures; (vii) the development of backup systems to provide redundancy during the outage of a primary power source; (viii) the assessment of system vulnerabilities to current and future weather events, natural disasters, and changing conditions, including sea level rise; (ix) the planning of system improvements and emergency response strategies to address identified vulnerabilities; and (x) any other activity for resilience improvement, as determined by the Secretary. (3) Types of projects Grants under this subsection may be used to finance— (A) standalone projects; and (B) components of projects carried out under subsection (b)(1). (4) Public transportation resilience improvement formula Of the amounts made available under section 5338(a)(2)(L) to carry out this subsection— (A) 97.15 percent shall be apportioned to recipients in accordance with subsection (c); and (B) 2.85 percent shall be apportioned to recipients in accordance with subsection (d). . (b) Conforming amendments Section 5337 of title 49, United States Code, is amended by striking section 5338(a)(2)(K) each place it appears and inserting section 5338(a)(2)(L) . 4. Authorizations Section 5338(a) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking $13,634,000,000 and inserting $13,934,000,000 ; (B) in subparagraph (C), by striking $13,990,000,000 and inserting $14,290,000,000 ; (C) in subparagraph (D), by striking $14,279,000,000 and inserting $14,579,000,000 ; and (D) in subparagraph (E), by striking $14,642,000,000 and inserting $14,942,000,000 ; and (2) in paragraph (2)(L)— (A) by striking $3,587,778,037 and inserting $3,887,778,037 ; (B) by striking $3,680,934,484 and inserting $3,980,934,484 ; (C) by striking $3,755,675,417 and inserting $4,055,675,417 ; (D) by striking $3,850,496,668 and inserting $4,150,496,668 ; and (E) by inserting and $300,000,000 for each of fiscal years 2023 through 2026 shall be available to carry out section 5337(g) after section 5337(f) . | https://www.govinfo.gov/content/pkg/BILLS-117s5094is/xml/BILLS-117s5094is.xml |
117-s-5095 | II 117th CONGRESS 2d Session S. 5095 IN THE SENATE OF THE UNITED STATES November 15, 2022 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a pilot program to address hunger among older individuals and adults with disabilities.
1. Short title This Act may be cited as the Tools for Ensuring Access to Meals Act or the TEAM Act . 2. Interagency Collaborative and Innovation Pilot Program Section 201 of the Older Americans Act of 1965 ( 42 U.S.C. 3011 ) is amended by adding at the end the following: (h) (1) In this subsection: (A) The term Center means the Research, Demonstration, and Evaluation Center for the Aging Network described in subsection (g). (B) The term Director means the Director of the Center. (2) The Director shall establish, in fiscal year 2026, an Interagency Collaborative and Innovation Pilot Program to Address Hunger and Promote Access to Healthy Food Among Older Adults and Adults with Disabilities (referred to in this subsection as the pilot program ). (3) The Director shall carry out the pilot program through the Center. (4) The Director shall carry out the pilot program to address hunger among, including promoting access to healthy food for, older individuals and adults with disabilities by— (A) implementing best practices for addressing food insecurity, including by promoting access to healthy, affordable, and local or regional food among older individuals and adults with disabilities; (B) seeking recommendations from Federal agencies about how to support interagency collaboration to address food insecurity; (C) implementing innovative practices to address food insecurity; and (D) evaluating the impact of subparagraphs (A) through (C) on addressing food insecurity. (5) In carrying out the pilot program, the Director shall provide funding for demonstration projects, evaluation, and research related to the activities referred to in paragraph (4). (6) In addition to any other funds appropriated for the Center, there is authorized to be appropriated for the Center, to carry out this subsection, $5,000,000 for fiscal year 2026 and each subsequent fiscal year. . | https://www.govinfo.gov/content/pkg/BILLS-117s5095is/xml/BILLS-117s5095is.xml |
117-s-5096 | II 117th CONGRESS 2d Session S. 5096 IN THE SENATE OF THE UNITED STATES November 15, 2022 Mr. Casey (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To establish the Interagency Task Force to Address Hunger and Promote Access to Healthy Food Among Older Adults and Adults with Disabilities, and for other purposes.
1. Short title This Act may be cited as the Senior Nutrition Task Force Act of 2022 . 2. Interagency task force (a) Definitions In this section: (1) Disability The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (2) Older person The term older person has the meaning given the term older individual in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). (3) Secretary The term Secretary means the Secretary of Agriculture. (4) Task Force The term Task Force means the task force established by subsection (b). (b) Establishment There is established a task force, to be known as the Interagency Task Force to Address Hunger and Promote Access to Healthy Food Among Older Adults and Adults with Disabilities . (c) Members (1) In general The members of the Task Force shall be the following: (A) The Secretary (or a designee). (B) The Secretary of Health and Human Services (or a designee). (C) The Secretary of Transportation (or a designee). (D) The Administrator of the Food and Nutrition Service (or a designee). (E) The Administrator of the Administration for Community Living (or a designee). (F) The Administrator for Independent Living within the Administration for Community Living (or a designee). (G) The Administrator of the Health Resources and Services Administration (or a designee). (H) The Secretary of Housing and Urban Development (or a designee). (I) The Commissioner of the Social Security Administration (or a designee). (J) The Assistant Secretary for Planning and Evaluation (or a designee). (K) The Director of the Centers for Disease Control and Prevention (or a designee). (L) The Assistant Secretary for Mental Health and Substance Use (or a designee). (M) The Surgeon General (or a designee). (N) The Deputy Administrator for Medicare and Medicaid Innovation (or a designee). (O) The Director of the Office on Nutrition Research of the National Institutes of Health (or a designee). (P) The Director of the Indian Health Service (or a designee). (Q) The head of any other relevant Federal department or agency, as determined appropriate by the Secretary, and appointed by the President. (R) At least 2 older persons, appointed by the President, who are recipients of Federal nutrition benefits, as determined by the President. (S) At least 2 adults with disabilities, appointed by the President, who are recipients of Federal nutrition benefits, as determined by the President. (T) At least 2 members of grandfamilies or kinship families, appointed by the President, who are recipients of Federal nutrition benefits, as determined by the President. (U) At least 1 representative, appointed by the President, from a national older adult nutrition organization. (V) At least 1 representative, appointed by the President, from a national organization that addresses hunger among adults with disabilities. (W) At least 1 representative, appointed by the President, from a national antihunger organization. (2) Chairperson The Chairperson of the Task Force shall be the Secretary (or a designee). (3) Vice Chairperson The Vice Chairperson of the Task Force shall be the Administrator of the Administration for Community Living (or a designee). (d) Duties The duties of the Task Force shall be the following: (1) Identify, promote, coordinate, and disseminate information and resources and other available best practices— (A) to address hunger, food insecurity, and malnutrition among older adults and adults with disabilities; and (B) to increase access to healthy foods. (2) Measure and evaluate progress in— (A) addressing hunger, food insecurity, and malnutrition among older adults and adults with disabilities; and (B) increasing access to healthy, affordable, and local or regional food for older adults and adults with disabilities. (3) Examine interagency opportunities— (A) to collaboratively address hunger, food insecurity, and malnutrition among older adults and adults with disabilities; and (B) to promote access to healthy, affordable, and local or regional food for older adults and adults with disabilities. (4) Examine challenges to interagency efforts to carry out subparagraphs (A) and (B) of paragraph (3). (e) Report Not later than September 30, 2026, the Task Force shall submit to Congress a report that describes— (1) best practices for addressing hunger, food insecurity, and malnutrition and promoting access to healthy, affordable, and local or regional food among older adults and adults with disabilities; (2) recommendations to support interagency efforts to address hunger, food insecurity, and malnutrition and promote access to healthy, affordable, and local or regional food among older adults and adults with disabilities; (3) existing barriers to promoting interagency collaboration to address hunger, food insecurity, and malnutrition and access to healthy, affordable, and local or regional food among older adults and adults with disabilities; and (4) innovative practices to address hunger, food insecurity, and malnutrition and promote access to healthy, affordable, and local or regional food among older adults and adults with disabilities. | https://www.govinfo.gov/content/pkg/BILLS-117s5096is/xml/BILLS-117s5096is.xml |
117-s-5097 | II 117th CONGRESS 2d Session S. 5097 IN THE SENATE OF THE UNITED STATES November 15, 2022 Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide protections for pensions in bankruptcy proceedings, and for other purposes.
1. Short title This Act may be cited as the Stop Looting American Pensions Act of 2022 or the SLAP Act . 2. Amendments to the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 (a) Minimum funding standard (1) Amendment to the Employee Retirement Income Security Act of 1974 Section 302(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1082(a) ) is amended by adding at the end the following: (3) Cases under title 11 A plan shall continue to be required to satisfy the minimum funding standard under paragraph (1) if a case under title 11, United States Code, is commenced with respect to the employer unless the Secretary of the Treasury has waived the requirements of this subsection with respect to the plan under subsection (c). . (2) Amendment to the Internal Revenue Code of 1986 Section 412(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (3) Cases under title 11 A plan shall continue to be required to satisfy the minimum funding standard under paragraph (1) if a case under title 11, United States Code, is commenced with respect to the employer unless the Secretary has waived the requirements of this subsection with respect to the plan under subsection (c). . (b) Obligation To contribute Section 4212 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1392 ) is amended by adding at the end the following: (d) Cases under title 11 A person shall be subject to an obligation to contribute under this part notwithstanding the commencement of a case under title 11, United States Code, with respect to that person. . (c) Obligation To pay withdrawal liability Section 4220(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1399(c) ) is amended by adding at the end the following: (9) An employer shall be subject to an obligation to make payments of withdrawal liability under this section notwithstanding the commencement of a case under title 11, United States Code, with respect to the employer. . 3. Administrative expenses and priorities in bankruptcy proceedings (a) Allowance of administrative expenses (1) In general Section 503(b) of title 11, United States Code, is amended— (A) in paragraph (8)(B), by striking and ; (B) in paragraph (9), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (10) unpaid minimum required contributions, as defined in section 302(c)(4)(C)(iii)(I) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1082(c)(4)(C)(iii)(I) ) and section 4971(c)(4) of the Internal Revenue Code of 1986; and (11) withdrawal liability determined under part 1 of subtitle E of title IV of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1381 et seq. ), including any accelerated payment of such withdrawal liability under section 4219(c)(5) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1399(c)(5) ). . (2) Conforming amendment relating to priorities Section 507(a)(5) of title 11, United States Code, is amended, in the matter preceding subparagraph (A), by inserting after contributions to an employee benefit plan the following: , other than for unpaid minimum required contributions, as defined in section 302(c)(4)(C)(iii)(I) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1082(c)(4)(C)(iii)(I) ) and section 4971(c)(4) of the Internal Revenue Code of 1986 . (b) Increased wage priority Section 507(a) of title 11, United States Code, is amended— (1) in paragraph (4), in the matter preceding subparagraph (A)— (A) by striking $10,000 and inserting $20,000 ; (B) by striking within 180 days ; and (C) by striking or the date of the cessation of the debtor’s business, whichever occurs first, ; and (2) in paragraph (5)— (A) in subparagraph (A)— (i) by striking within 180 days ; and (ii) by striking or the date of the cessation of the debtor’s business, whichever occurs first ; and (B) by striking subparagraph (B) and inserting the following: (B) for each such plan, to the extent of the number of employees covered by each such plan, multiplied by $20,000. . 4. Automatic stay in bankruptcy proceedings Section 362(b) of title 11, United States Code, is amended— (1) in paragraph (28), by striking and at the end; (2) in paragraph (29), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (29) the following: (29) under subsection (a) of this section, the commencement or continuation of an action or proceeding by the Director of the Pension Benefits Guaranty Corporation to enforce the minimum standard under section 303(k) of the Employment Retirement Income Security Act of 1974 ( 29 U.S.C. 1083(k) ). . 5. Sales of property in bankruptcy proceedings (a) In general Section 363 of title 11, United States Code, is amended— (1) in subsection (b)(1), in the matter preceding subparagraph (A), by striking The trustee and inserting Subject to subsection (q), the trustee ; (2) in subsection (c)(1), by striking If the business and inserting Subject to subsection (q), if the business ; and (3) by adding at the end the following: (q) (1) Subject to paragraphs (2) and (3), the trustee may not sell property of the estate under subsection (b) or (c) unless the trustee is able to demonstrate that— (A) the sale complies with the provisions of this title; (B) the sale has been proposed in good faith and not by any means forbidden by the law; (C) any payment made for services or for costs and expenses in or in connection with the sale is reasonable; (D) if, with respect to the case, there is any fee payable under section 1930 of title 28, the proceeds of the sale will be used to pay that fee; and (E) with respect to each class of claims or interests— (i) such class has accepted the sale; or (ii) such class is not impaired by the sale. (2) The trustee, on request of the proponent of the sale, may sell property of the estate under subsection (b) or (c) if— (A) all of the applicable requirements of paragraph (1) other than subparagraph (E) are met with respect to a sale of property; and (B) the sale does not discriminate unfairly, and is fair and equitable, with respect to each class of claims or interests that is impaired under, and has not accepted, the sale. (3) The trustee may not sell substantially all of the property of the estate under subsection (b) or (c) during the 60-day period beginning on the date of the filing of the petition unless the court determines that— (A) there is a high likelihood that the value of the property of the estate will decrease significantly during that period; and (B) the requirements under paragraph (1) have been satisfied with respect to each sale that would contribute to substantially all of the property of the estate being sold. . (b) Protection of employee benefits in a sale of assets Section 363(b) of title 11, United States Code, is amended by adding at the end the following: (3) In approving a sale under this subsection, the court shall consider the extent to which a bidder has offered to maintain existing jobs, preserve terms and conditions of employment, and assume or match pension and retiree health benefit obligations in determining whether an offer constitutes the highest or best offer for such property. . 6. 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 6 years ; and (2) in subsection (b), by striking 2 years and inserting 6 years . 7. Limitations on executive compensation enhancements Section 503(c) of title 11, United States Code, is amended— (1) in paragraph (1), in the matter preceding subparagraph (A)— (A) by inserting , a senior executive officer, or any of the 20 next most highly compensated employees or consultants after an insider ; (B) by inserting or for the payment of performance or incentive compensation, or a bonus of any kind, or other financial returns designed to replace or enhance incentive, stock, or other compensation in effect before the date of the commencement of the case, after remain with the debtor’s business, ; and (C) by inserting clear and convincing before evidence in the record ; and (2) by amending paragraph (3) to read as follows: (3) other transfers or obligations, to or for the benefit of insiders, senior executive officers, managers, or consultants providing services to the debtor, in the absence of a finding by the court, based upon clear and convincing evidence, and without deference to the debtor’s request for such payments, that such transfers or obligations are essential to the survival of the debtor’s business or (in the case of a liquidation of some or all of the debtor’s assets) essential to the orderly liquidation and maximization of value of the assets of the debtor, in either case, because of the essential nature of the services provided, and then only to the extent that the court finds such transfers or obligations are reasonable compared to individuals holding comparable positions at comparable companies in the same industry and not disproportionate in light of economic concessions by the debtor’s nonmanagement workforce during the case. . 8. Applicability This Act and the amendments made by this Act shall apply with respect to any case that is commenced on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5097is/xml/BILLS-117s5097is.xml |
117-s-5098 | II 117th CONGRESS 2d Session S. 5098 IN THE SENATE OF THE UNITED STATES November 15, 2022 Mr. Durbin (for himself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To ensure that significantly more students graduate college with the international knowledge and experience essential for success in today's global economy through the establishment of the Senator Paul Simon Study Abroad Program in the Department of State.
1. Short title This Act may be cited as the Senator Paul Simon Study Abroad Program Act of 2022 . 2. Findings Congress makes the following findings: (1) To prepare students for success in the modern global economy, opportunities for study abroad should be included as part of a well-rounded education. (2) Study abroad programs provide students with unparalleled access to international knowledge, an unmatched opportunity to learn foreign languages, and a unique environment for developing cultural understanding, all of which are knowledge and skills needed in today’s global economy. (3) Only 10 percent of United States college students study abroad before they graduate, leaving 90 percent of graduates entering the workforce without the global skills, knowledge, and experiences afforded by study abroad programs that will position them for success in the global economy. Minority students, first-generation college students, community college students, and students with disabilities are also significantly underrepresented in study abroad participation. (4) Congress authorized the establishment of the Commission on the Abraham Lincoln Study Abroad Fellowship Program (referred to in this section as the Lincoln Commission ) under section 104 of the Miscellaneous Appropriations and Offsets Act, 2004 (division H of Public Law 108–199 ). Pursuant to its mandate, the Lincoln Commission submitted a report to Congress and to the President containing its recommendations for greatly expanding the opportunity for students at institutions of higher education in the United States to study abroad, with special emphasis on studying in developing nations. (5) According to the Lincoln Commission, [e]xperience shows that leadership from administrators and faculty will drive the number of study abroad participants higher and improve the quality of programs. Such leadership is the only way that study abroad will become an integral part of the undergraduate experience. A competitive grant program is necessary to encourage and support such leadership. (6) Student health, safety, and security while studying abroad is, and must continue to be, a priority for institutions of higher education and study abroad programs. (7) The COVID–19 pandemic has limited or prevented students from participating in study abroad due to travel restrictions and reduced budgets. In the post-pandemic world, increasing access to study abroad for students at institutions of higher education throughout the United States will be critical to ensuring that those students gain the skills, knowledge, and experiences necessary to maintain the leadership of the United States in tackling global challenges, such as pandemics, and succeeding in a global economy. 3. Purposes The purposes of this Act are— (1) to ensure that significantly more students have access to quality study abroad opportunities; (2) to ensure that the diversity of students studying abroad reflects the diversity of students and institutions of higher education in the United States; (3) to encourage greater diversity in study abroad destinations by increasing the portion of study abroad that takes place in nontraditional study abroad destinations, especially in developing countries; and (4) to encourage a greater commitment by institutions of higher education to expand study abroad opportunities. 4. Senator Paul Simon Study Abroad Program (a) Senator Paul Simon Study Abroad Program (1) Establishment Subject to the availability of appropriations and under the authority of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. ), the Secretary of State shall— (A) rename the Increase and Diversify Education Abroad for U.S. Students Program (commonly known as IDEAS ) as the Senator Paul Simon Study Abroad Program (referred to in this section as the Program ); and (B) enhance the program in accordance with this paragraph. (2) Objectives Not later than 10 years after the date of enactment of the Senator Paul Simon Study Abroad Program Act of 2022 , the Program shall strive to accomplish the following objectives: (A) At least 1,000,000 undergraduate students from the United States are studying abroad annually. (B) The demographics of study abroad participation reflect the demographics of the United States undergraduate population through an increase in the participation rate of previously underrepresented groups. (C) An increasing portion of study abroad takes place in nontraditional study abroad destinations, with a substantial portion of such increases in developing countries. (3) Competitive grants to institutions of higher education In order to accomplish the objectives described in paragraph (2), the Secretary of State shall award grants, on a competitive basis, to institutions of higher education, either individually or as part of a consortium, based on applications by such institutions that— (A) set forth detailed plans for using grant funds to further such objectives; (B) include an institutional commitment to expanding access to study abroad; (C) include plans for evaluating progress made in increasing access to study abroad; (D) describe how increases in study abroad participation achieved through the grant will be sustained in subsequent years; and (E) demonstrate that the study abroad programs have established health, safety, and security guidelines and procedures, informed by Department of State travel advisories and other appropriate Federal agencies and resources, including the Overseas Security Advisory Council and the Centers for Disease Control and Prevention. (4) Implementation of lincoln commission recommendations In administering the Program, the Secretary of State shall take fully into account the recommendations of the Lincoln Commission, including— (A) institutions of higher education applying for grants described in paragraph (3) may use Program funds to support direct student costs; (B) diversity shall be a defining characteristic of the Program; and (C) quality control shall be a defining characteristic of the Program. (5) Consultation In carrying out this subsection, the Secretary of State shall consult with representatives of diverse institutions of higher education and educational policy organizations and other individuals with appropriate expertise. (b) Annual report Not later than December 31 of each year, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes the implementation of the Program during the most recently concluded fiscal year. (c) Authorization of appropriations There are authorized to be appropriated to carry out the Program such sums as may be necessary for fiscal year 2023 and for each subsequent fiscal year. (d) Definitions In this section: (1) Consortium The term consortium means a group that— (A) includes at least 1 institution of higher education; and (B) may include nongovernmental organizations that provide and promote study abroad opportunities for students. (2) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) Nontraditional study abroad destination The term nontraditional study abroad destination means a location that is determined by the Secretary of State to be a less common destination for students who study abroad. (4) Student The term student means an individual who— (A) meets the requirements under section 484(a)(5) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a)(5) ); and (B) is enrolled at an institution of higher education located within the United States. (5) Study abroad The term study abroad means an educational program of study, work, service learning, research, internship, or combination of such activities that— (A) is conducted outside of the United States; and (B) carries academic credit. | https://www.govinfo.gov/content/pkg/BILLS-117s5098is/xml/BILLS-117s5098is.xml |
117-s-5099 | II 117th CONGRESS 2d Session S. 5099 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Merkley (for himself, Mr. Blumenthal , Mr. Booker , Ms. Duckworth , Mr. Durbin , Mrs. Feinstein , Mrs. Gillibrand , Mr. Heinrich , Mr. Markey , Mr. Sanders , Ms. Smith , Mr. Van Hollen , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Truth in Lending Act to address certain issues relating to the extension of consumer credit, and for other purposes.
1. Short title This Act may be cited as the Stopping Abuse and Fraud in Electronic Lending Act of 2022 or the SAFE Lending Act of 2022 . 2. Consumer control over bank accounts (a) Prohibiting unauthorized remotely created checks Section 905 of the Electronic Fund Transfer Act ( 15 U.S.C. 1693c ) is amended by adding at the end the following: (d) Limitations on remotely created checks (1) Definition In this subsection— (A) the term remotely created check means a check, including a paper or electronic check and any other payment order that the Bureau, by rule, determines is appropriately covered under this subsection, that— (i) is not created by the financial institution that holds the customer account from which the check is to be paid; and (ii) does not bear a signature applied, or purported to be applied, by the person from whose account the check is to be paid; and (B) the term Federal consumer financial law has the meaning given the term in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ). (2) Limitations Subject to the limitations in paragraph (3) and any additional limitations that the Bureau may establish, by rule, a remotely created check may only be issued by a person designated in writing by a consumer, with that written designation specifically provided by the consumer to the insured depository institution at which the consumer maintains the account from which the check is to be drawn. (3) Additional limitations (A) In general A designation provided by a consumer under paragraph (2) may be revoked at any time by the consumer. (B) Consumer financial protection laws No payment order, including a remotely created check, may be issued by any person in response to the exercise of, or attempt to exercise, any right by a consumer under— (i) any Federal consumer financial law; or (ii) any other provision of any law or regulation within the jurisdiction of the Bureau. . (b) Consumer protections for certain one-Time electronic fund transfers Section 913 of the Electronic Fund Transfer Act ( 15 U.S.C. 1693k ) is amended— (1) in the matter preceding paragraph (1), by inserting (a) In general.— before No person ; (2) in subsection (a)(1), as so designated, by striking preauthorized electronic fund transfers and inserting an electronic fund transfer ; and (3) by adding at the end the following: (b) Treatment for electronic fund transfers in credit extensions If a consumer voluntarily agrees to repay an extension of a small-dollar consumer credit transaction, as defined in section 110(a) of the Truth in Lending Act, by means of an electronic fund transfer, the electronic fund transfer shall be treated as a preauthorized electronic fund transfer subject to the protections of this title. . 3. Transparency and consumer empowerment in small-dollar lending (a) Small-Dollar consumer credit transactions (1) In general The Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended— (A) by inserting after section 109 ( 15 U.S.C. 1608 ) the following: 110. Registration requirement for small-dollar lenders (a) Definition In this section, the term small-dollar consumer credit transaction — (1) means any transaction that extends credit that is— (A) made to a consumer in an amount that— (i) is not more than— (I) $5,000; or (II) such greater amount as the Bureau may, by rule, determine; and (ii) shall be adjusted annually to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor; and (B) extended pursuant to an agreement that is— (i) (I) other than an open end credit plan; and (II) payable in 1 or more installments of less than 12 months (or such longer period as the Bureau may, by rule, determine); (ii) an open end credit plan in which each advance is fully repayable within a defined time or in connection with a defined event, or both; or (iii) any other plan as the Bureau determines, by rule; and (2) includes any action that facilitates, brokers, arranges, or gathers applications for a transaction described in paragraph (1). (b) Registration requirement A person shall register with the Bureau before issuing credit in a small-dollar consumer credit transaction. ; and (B) in section 173 ( 15 U.S.C. 1666j ), by adding at the end the following: (d) Notwithstanding any other provision of this title, any small-dollar consumer credit transaction, as defined in section 110(a), shall comply with the laws of the State in which the consumer to which credit in the transaction is extended resides with respect to annual percentage rates, interest, fees, charges, and such other similar or related matters as the Bureau may, by rule, determine if the small-dollar consumer credit transaction is— (1) made— (A) over the internet; (B) by telephone; (C) by facsimile; (D) by mail; (E) by electronic mail; or (F) through another electronic communication; or (2) conducted by a national bank. . (2) Technical and conforming amendment The table of sections for chapter 1 of the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended by inserting after the item relating to section 109 the following: 110. Registration requirement for small-dollar lenders. . (b) Prohibition on certain fees Section 915 of the Electronic Fund Transfer Act ( 15 U.S.C. 1693l–1 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Additional fees prohibited (1) Definition In this subsection, the term prepaid account has the meaning given the term by rule of the Bureau. (2) Prohibition With respect to the use of a prepaid account by a consumer— (A) it shall be unlawful for any person to charge the consumer a fee for an overdraft with respect to the prepaid account, including a shortage of funds or a transaction processed for an amount exceeding the account balance of the prepaid account; (B) any transaction for an amount that exceeds the account balance of the prepaid account may be declined, except that the consumer may not be charged a fee for that purpose; and (C) the Bureau may, by rule, prohibit the charging of any fee so that the Bureau may— (i) prevent unfair, deceptive, or abusive practices; and (ii) promote the ability of the consumer to understand and compare the costs of prepaid accounts. . 4. Restrictions on lead generation in small-dollar consumer credit transactions (a) In general Chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. ) is amended by adding at the end the following: 140B. Restrictions on lead generation in small-dollar consumer credit transactions (a) Definitions In this section— (1) the terms Internet access service and Internet information location tool have the meanings given those terms in section 231(e) of the Communications Act of 1934 ( 47 U.S.C. 231(e) ); (2) the term sensitive personal financial information means a social security number, financial account number, bank routing number, bank account number, or security or access code that is immediately necessary to permit access to the financial account of an individual; and (3) the term small-dollar consumer credit transaction has the meaning given the term in section 110(a). (b) Identification information Any person facilitating, brokering, arranging for, or gathering applications for the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction shall prominently disclose information by which the person may be contacted or identified, including for service of process and for identification of the registrant of any domain name registered or used. (c) Prohibition on lead generation in small-Dollar consumer credit transactions No person may facilitate, broker, arrange for, or gather applications for the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction unless the person is directly providing the small-dollar consumer credit to a consumer. (d) Rule of construction (1) In general Nothing in this section may be construed to limit the authority of the Bureau to further restrict activities covered by this section. (2) Clarification For the purposes of this section, it shall not be considered facilitating the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction to be engaged solely in one of the following activities: (A) The provision of a telecommunications service, an Internet access service, or an Internet information location tool. (B) The transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except the deletion of a particular communication or material made by another person in a manner that is consistent with section 230(c) of the Communications Act of 1934 ( 47 U.S.C. 230(c) ). . (b) Technical and conforming amendment The table of sections for chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. ) is amended by adding at the end the following: 140B. Restrictions on lead generation in small-dollar consumer credit transactions. . 5. Studies (a) Definitions In this section— (1) the term appropriate committees of Congress means— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Indian Affairs of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Committee on Natural Resources of the House of Representatives; and (2) 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 ). (b) Study required Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study regarding— (1) the availability of capital on reservations of Indian Tribes; and (2) the impact that small-dollar consumer credit extended through internet and non-internet means to members of Indian Tribes has had on economic opportunity and wealth for members of Indian Tribes. (c) Consultation In conducting the study required under subsection (b), the Comptroller General of the United States shall consult, as appropriate, with— (1) the Bureau of Consumer Financial Protection; (2) the Board of Governors of the Federal Reserve System; (3) the Director of the Bureau of Indian Affairs; (4) federally recognized Indian Tribes; and (5) community development financial institutions operating in Indian lands. (d) Congressional consideration The Comptroller General of the United States shall submit to the appropriate committees of Congress the study required under subsection (b). 6. Rulemaking Not later than 1 year after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall adopt any final rules that are necessary to implement the provisions of this Act and the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5099is/xml/BILLS-117s5099is.xml |
117-s-5100 | II 117th CONGRESS 2d Session S. 5100 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Thune (for himself, Mr. Grassley , Mr. Barrasso , Mr. Braun , Mr. Burr , Mr. Cassidy , Mr. Cornyn , Mr. Crapo , Mr. Daines , Mr. Lankford , Mr. Portman , Mr. Toomey , Mr. Young , Mr. Sasse , and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide accountability for funding provided to the Internal Revenue Service and the Department of the Treasury under Public Law 117–169 .
1. Short title This Act may be cited as the IRS Funding Accountability Act . 2. Annual comprehensive spending plan for increased Internal Revenue Service resources (a) Limitation on funding (1) Initial plan (A) In general None of the funds described in paragraph (3) may be obligated during the period— (i) beginning on the date of the enactment of this Act; and (ii) ending on the date that is 60 days after the spending plan described in subsection (b)(1)(A) has been submitted. (B) Additional moratorium If Congress enacts a joint resolution of disapproval described in subsection (c) with respect to the Internal Revenue Service spending plan before the date described in subparagraph (A)(ii), then— (i) the Commissioner of Internal Revenue shall submit a new spending plan under subsection (b)(1)(A); and (ii) the period described in subparagraph (A) shall not end before the date that is 60 days after such new spending plan is submitted. (2) Subsequent submissions (A) In general None of the funds described in paragraph (3) may be obligated during any period— (i) beginning on the date Congress has enacted a joint resolution of disapproval under subsection (c) with respect to any spending plan described in subsection (b)(1)(B); and (ii) ending on the date that is 60 days after the date on which the Commissioner of Internal Revenue has submitted a new spending plan under such subsection. (B) Additional moratorium If Congress enacts a joint resolution of disapproval described in subsection (c) with respect to any new spending plan submitted under subparagraph (A)(ii) before the date that is 60 days after the date on which such new spending plan has been submitted, then— (i) the Commissioner of Internal Revenue shall submit an additional new spending plan under subsection (b)(1)(B); and (ii) the period described in subparagraph (A) shall not end before the date that is 60 days after such additional new spending plan is submitted. (3) Funds described The funds described in this paragraph are the following: (A) Any funds made available under clause (ii), (iii), or (iv) of section 10301(1)(A) of Public Law 117–169 . (B) Any funds made available under section 10301(1)(A)(i) of Public Law 117–169 other than funds used for the following purposes: (i) Eliminating any correspondence or return processing backlog. (ii) Reducing call wait times for taxpayers and tax professionals. (b) Annual comprehensive spending plan (1) In general (A) Initial plan Not later than 60 days after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a spending plan described in paragraph (2). (B) Subsequent submissions (i) In general For each fiscal year beginning after the plan described in subparagraph (A) is submitted and ending with fiscal year 2031, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a spending plan described in paragraph (2) on the date that the President submits the budget required under section 1105(a) of title 31, United States Code. (ii) Reduction in appropriation (I) In general In the case of any failure to submit a plan required under clause (i) by the date that is 7 days after the date the plan is required to be submitted und, the amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 shall be reduced by $10,000,000 for each day after such required date that report has not been submitted. (II) Required date For purposes of this clause, the term required date means, with respect to any plan required under this subparagraph, the date that is 7 days after such plan is required to be submitted. (2) Spending plan (A) In general A spending plan described in this subparagraph is a plan that— (i) details how the funds appropriated under section 10301(1) of Public Law 117–169 will be spent over— (I) the period consisting of the current fiscal year and the next 4 fiscal years ending before fiscal year 2032; and (II) the period of consisting of the current fiscal year through the fiscal year ending with fiscal year 2031 (if such period includes any period not described in subclause (I)); (ii) contains the information described in subparagraph (B); (iii) has been reviewed by— (I) the Internal Revenue Service Advisory Council; (II) the Comptroller of the United States; (III) the National Taxpayer Advocate; and (IV) the Director of the Office of Management and Budget; and (iv) has been approved by the officers or entities described in subclauses (II) and (IV) of clause (iii). (B) Plan contents The information described in this paragraph is the following: (i) A detailed explanation of the plan, including— (I) costs and results to date, actual expenditures of the prior fiscal year, actual and expected expenditures of the current fiscal year, upcoming deliverables and expected costs, and total expenditures; (II) clearly defined objectives, timelines, and metrics for quantitatively measuring the plan’s annual progress, including with respect to measuring improvements in taxpayer services, revenue collection, information technology, cybersecurity, and taxpayer data protections; and (III) a description of any differences between metrics described in subclause (II) and corresponding metrics used by the National Taxpayer Advocate, the Comptroller General of the United States, and Treasury Inspector General for Tax Administration. (ii) A detailed analysis of the performance of the Internal Revenue Service with respect to the delivery of taxpayer services, including— (I) the Level of Service (LOS) of phone lines (as a percent of phone calls answered by an Internal Revenue Service employee, not to include courtesy disconnects or automated call backs); (II) the median and average wait time to speak to a representative of the Internal Revenue Service; (III) the amount of unprocessed taxpayer correspondence, including tax returns, responses to Internal Revenue Service notices, tax payments, and other similar types of correspondence; and (IV) the median and average length of time for processing the items described in subclause (III) and processing refund claims. (iii) An analysis identifying any increase or decrease in total annual audits and annual audit rates by income group for the period beginning in 2018 and ending with the year the report is submitted. Such analysis shall include a detailed description of what constitutes an audit by the Internal Revenue Service, and if the definition of an audit used by the Internal Revenue Service differs from the definition used by the National Taxpayer Advocate, the Comptroller General of the United States, or the Treasury Inspector General for Tax Administration, there shall also be included an analysis using such divergent definition. (iv) A categorizing of the number of audits for each year in the analysis described in clause (iv) which were— (I) correspondence audits; (II) office audits; (III) field audits; (IV) audits under the Tax Compliance Measurement Program (TCMP); and (V) other audits. (v) A description of all taxpayer compliance actions or initiatives undertaken using funding appropriated under section 10301(1)(A) of Public Law 117–169 that do not rise to the level of an audit, with each action broken out by the total number of such actions undertaken for each income group and as a percentage of taxpayers in each income group. (vi) An explanation of any unresolved or outstanding recommendations made by the Government Accountability Office and Treasury Inspector General for Tax Administration pertaining to taxpayer-data privacy protections, Internal Revenue Service taxpayer services, and Internal Revenue Service technology modernization efforts that are addressed by the plan and a description of how they are addressed. (vii) If such plan does not address any recommendations identified by Government Accountability Office and Treasury Inspector General for Tax Administration as high risk or priority , an explanation of why such recommendations are not addressed in the plan. (3) Testimony of relevant officials Not later than 30 days after any spending plan described in paragraph (2) has been submitted, the Secretary of the Treasury and the Commissioner of Internal Revenue shall testify in person before any of the appropriate Congressional committees that request their testimony with respect to such spending plan. (4) Requirement to notify of excess spending The Commissioner of Internal Revenue shall immediately notify the appropriate Congressional committees if actual obligations and expenditures for any account for any period for which projections are made in a plan submitted under paragraph (2) exceed the amount of obligations and expenditures projected for such account in such plan by 5 percent or more. (c) Joint resolution of disapproval of the IRS comprehensive spending plan (1) In general For purposes of this section, the term joint resolution of disapproval of the IRS comprehensive spending plan means only a joint resolution introduced in the period beginning on the date on which a spending plan submitted pursuant to subsection (b)(1)(A) is received by the appropriate Congressional committees and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: “That Congress disapproves the plan submitted on ____ by the Internal Revenue Service relating to the comprehensive spending plan under section 2(b)(1) of the IRS Funding Accountability Act with respect to fiscal year ___.”. (The blank spaces being appropriately filled in). (2) Application of Congressional Review Act disapproval procedures (A) In general The rules of section 802 of title 5, United States Code, shall apply to a joint resolution of disapproval of the IRS comprehensive spending plan in the same manner as such rules apply to a joint resolution described in subsection (a) of such section. (B) Exercise of rulemaking authority This section is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval of the IRS comprehensive spending plan described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 3. Quarterly reports (a) Internal Revenue Service (1) In general Not later than the last day of each calendar quarter beginning during the applicable period, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a report on any expenditures and obligations of funds appropriated under section 10301(1) of Public Law 117–169 . (2) Matters included The report provided under paragraph (1) shall include the following: (A) A plain language description of the specific actions taken by the Commissioner of Internal Revenue utilizing any funds appropriated under section 10301(1) of Public Law 117–169 . (B) The obligations and expenditures during the quarter of funds appropriated under section 10301(1) of Public Law 117–169 and the expected expenditure of such funds in the subsequent quarter, including a comparison of obligations and expenditures between amounts spent for taxpayers services and amounts spent for examinations and collections by each division or office of the Internal Revenue Service, including the Large Business and International Division, the Small Business/Self Employed Division, the Tax-Exempt and Government Entities Division, the Wage and Investment Division, the Criminal Investigation Office, the Whistleblower Office, and the Office of the Taxpayer Advocate. (C) A description of any new full-time or full-time equivalent (FTE) employees, contractors, or other staff hired by the Internal Revenue Service, including the number of new hires, the primary function or activity type of each new hire, and the specific Division or Office to which each new hire is tasked. (D) The number of new employees that have passed a security clearance compared to the number of new employees hired to a position requiring a security clearance, along with an indication of whether any new employee that has not passed a security clearance has access to taxpayer return information (as defined by section 6103(b)(2) of the Internal Revenue Code of 1986). (E) A detailed description of any violation of the fair tax collection practices described in section 6304 of the Internal Revenue Code of 1986 by any employees, contractors, or other staff described in subparagraph (C) (including violations tracked in Automated Labor and Employee Relations Tracking System (ALERTS) of the Human Capital Office of the Internal Revenue Service). (F) The status of recommendations provided by the Government Accountability Office and Treasury Inspector General for Tax Administration identified as being addressed by the plan, including whether they have been resolved, are in progress, or open (including the expected date of completion for any recommendations identified as in progress or open). (3) Reduction in appropriation In the case of any failure to submit a report required under paragraph (1) by the required date, the amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 shall be reduced by $1,000,000 for each day after such required date that report has not been submitted. (b) Department of the Treasury (1) In general Not later than the last day of each calendar quarter beginning during the applicable period, the Secretary of the Treasury shall submit to the appropriate Congressional committees a report containing the following information: (A) A plain-language description of the actions taken by the Secretary of the Treasury utilizing any funds appropriated under paragraph (1), (3), or (5) of section 10301 of Public Law 117–169 . Any action which is described in a report made under subsection (a) may be described by reference to the action in such report. (B) A detailed description of the specific purposes to which the funds appropriated under section 10301(3) of Public Law 117–169 has been (or is expected to be) obligated. (C) A description of any new full-time or full-time equivalent (FTE) employees, contractors, or other staff hired by the Secretary utilizing funds appropriated under section 10301 of Public Law 117–169 , including the number of new hires and whether the duties of each new hire includes any functions related to the Internal Revenue Service (including implementation of tax policies, enforcement, regulations, research, press or communications, or other purposes). (D) A detailed description and explanation of any changes to the most recent Priority Guidance Plan of the Department of the Treasury and the Internal Revenue Service involving guidance projects that utilize any funds appropriated under section 10301 of Public Law 117–169 or which are related to the implementation of any provision of or amendment made by such Public Law. (E) A description of any new initiatives planned to be undertaken by the Department of the Treasury within the existing or subsequent fiscal year which will (or may) utilize funds appropriated under section 10301 of Public Law 117–169 . (2) Reduction in appropriation In the case of any failure to submit a report required under paragraph (1) by the required date— (A) the amounts made available under paragraphs (3) of section 10301 of Public Law 117–169 shall be reduced by $666,667 for each day after such required date that report has not been submitted, and (B) the amounts made available under paragraphs (5) of section 10301 of Public Law 117–169 shall be reduced by $333,333 for each day after such required date that report has not been submitted. (c) Definitions For purposes of this section— (1) Applicable period The term applicable period means the period beginning after the date the report under subparagraph (A) is due and ending on September 30, 2031. (2) Required date The term required date means, with respect to any report required to be submitted under subsection (a) or (b), the date that is 7 days after the date the report is required to be submitted. 4. Appropriate Congressional committees defined For purposes of this Act, the term appropriate Congressional committees means— (1) the Committee on Finance of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Ways and Means of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s5100is/xml/BILLS-117s5100is.xml |
117-s-5101 | II 117th CONGRESS 2d Session S. 5101 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Wicker (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To modify the Intercountry Adoption Act of 2000 to provide a specialized accreditation option for performing a background study on a child or a home study on prospective adoptive parents, and reporting on such a study.
1. Short title This Act may be cited as the Voluntary Specialized Accreditation for Background and Home Studies Act . 2. Sense of Congress It is the sense of Congress that— (1) prospective adoptive parents should receive high-quality services from experienced providers for their child background studies and home studies; (2) the number of accredited adoption service providers is declining in the United States, leading to fewer options of accredited service providers; (3) some foreign countries, primary providers and many adoptive families have a preference that only accredited adoption service providers conduct intercountry home studies and post adoption reporting; (4) accreditation and approval ensures compliance with standards and requires accrediting entities to provide oversight, enforcement, and data and report collection for accredited and approved adoption service providers; and (5) United States intercountry adoption practices can be enhanced by supporting an accreditation system that includes a new, limited accreditation option for the provision of a background study on a child or a home study on a prospective adoptive parent, in addition to current, comprehensive, mandatory accreditation for primary providers. 3. Amendments to the Intercountry Adoption Act of 2000 (a) Definitions Section 3 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14902 ) is amended— (1) in paragraph (1), by inserting specialized accreditation after adoption services ; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: (17) Specialized accreditation The term specialized accreditation means voluntary accreditation that is limited to the provision of 1 or more of the following services: (A) Performing a background study on a child in an outgoing case and reporting on such a study. (B) Performing a home study on a prospective adoptive parent in an incoming case and reporting on such a study. . (b) Accreditation and approval (1) In general Section 202(b)(1) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14922(b)(1) ) is amended to read as follows: (1) Accreditation and approval Accreditation of agencies, and approval of persons, to provide adoption services or other specialized services in the United States in cases subject to the Convention or Intercountry Adoption Universal Accreditation Act of 2012 ( Public Law 112–276 ). At the time of initial or renewal of accreditation of agencies, and approval of persons, the applying entity shall indicate whether the entity seeks accreditation as— (A) an accredited agency or approved person; or (B) an agency with a limited home study or child background study. . (2) Exemption from paperwork reduction act Section 503(c) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14953(c) ) is amended by inserting 202(b)(1), after 104, . 4. Rules of construction (a) In general Nothing in this Act or the amendments made by this Act may be construed to require that intercountry adoption service providers have a specialized accreditation (as defined in section 3(17) of the Intercountry Adoption Act of 2000, as amended by section 3(a)(3)), to provide a home study on prospective adoptive parents pursuing an intercountry adoption. (b) Definition of adoption service Nothing in this Act or in the amendments made by this Act may be construed to modify the definition of adoption service under section 3 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14902 ). 5. Effective date This Act shall take effect on the date that is 90 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5101is/xml/BILLS-117s5101is.xml |
117-s-5102 | II 117th CONGRESS 2d Session S. 5102 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To authorize the Community Advantage Loan Program of the Small Business Administration, and for other purposes.
1. Short title This Act may be cited as the Community Advantage Loan Program Permanency Act of 2022 . 2. Findings Congress finds that— (1) capital access remains one of the largest barriers to overcome for socially and economically disadvantaged business owners as well as for the smallest small businesses; (2) according to the Double Jeopardy: COVID–19’s Concentrated Health and Wealth Effects in Black Communities study conducted by the Federal Reserve banks, in 2020— (A) firms owned by people of color are more likely to have weak capitalizations, limited bank relationships, and little in cash reserves; and (B) 51 percent of Black-owned businesses have less than 3 months of cash reserves in case of an emergency, which is nearly 7 percentage points higher than their peers; (3) according to the Small Business Credit Survey conducted by the Federal Reserve banks, in 2021— (A) 31 percent of firms that sought financing received the full financing sought by the firm; (B) firms owned by people of color were least likely to receive the full amount of financing sought by the firm, with 15 percent of Asian-owned businesses, 16 percent of Black-owned businesses, and 19 percent of Hispanic-owned businesses receiving full financing, as opposed to 35 percent of non-Hispanic White-owned businesses receiving full financing; and (C) firms with fewer employees were also least likely to receive the full financing sought by the firm, with 23 percent of businesses with 1 to 4 employees and 37 percent of businesses with 5 to 49 employees receiving full financing, as opposed to 55 percent of businesses with 50 to 499 employees receiving full financing; (4) the Community Advantage Pilot Program of the Small Business Administration has helped increase lending backed by the Administration to firms owned by people of color, women, and veterans and firms classified as start ups; (5) from fiscal year 2018 to fiscal year 2022— (A) 13 percent of loans under the Community Advantage Pilot Program went to Black business owners, while 4 percent of loans under the loan program under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) (in this section referred to as the 7(a) loan program ) went to Black business owners; (B) 15 percent of loans under the Community Advantage Pilot Program went to Hispanic business owners, while 8 percent of loans under the 7(a) loan program went to Hispanic business owners; (C) 20 percent of loans under the Community Advantage Pilot Program went to women business owners, while 17 percent of loans under the 7(a) loan program went to women business owners; and (D) 9 percent of loans under the Community Advantage Pilot Program went to veteran business owners, while 5 percent of loans under the 7(a) loan program went to veteran business owners; and (6) from fiscal year 2020 to fiscal year 2021, 14 percent of loans under the Community Advantage Pilot Program went to startup business owners, while 7 percent of loans under the 7(a) loan program went to startup business owners. 3. Community Advantage Loan Program (a) In general Section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) is amended by adding at the end the following: (38) Community Advantage Loan Program (A) Purposes The purposes of the Community Advantage Loan Program are— (i) to create a mission-oriented loan guarantee program that builds on the demonstrated success of the Community Advantage Pilot Program of the Administration, as established in 2011, to reach more underserved small business concerns; (ii) to increase lending to small business concerns in underserved and rural markets, including veterans and members of the military community, socially and economically disadvantaged individuals, as described in paragraphs (5) and (6)(A) of section 8(a), respectively, women, and new businesses; (iii) to ensure that the program under this subsection expands inclusion and more broadly meets congressional intent to reach borrowers who are unable to get credit elsewhere on reasonable terms and conditions; (iv) to help underserved small business concerns become bankable by utilizing the small dollar financing and business support experience of mission-oriented lenders; (v) to allow certain mission-oriented lenders, primarily financial intermediaries focused on economic development in underserved markets, access to guarantees for loans under this subsection (in this paragraph referred to as 7(a) loans ) of not more than $350,000 and provide management and technical assistance to small business concerns as needed; (vi) to provide certainty for the lending partners that make loans under this subsection and to attract new lenders; (vii) to encourage collaboration between mission-oriented and conventional lenders under this subsection in order to support underserved small business concerns; and (viii) to assist covered institutions with providing business support services and technical assistance to small business concerns, when needed. (B) Definitions In this paragraph— (i) the term Community Advantage Network Partner — (I) means a nonprofit, mission-oriented organization that acts as a Referral Agent to covered institutions in order to expand the reach of the program to small businesses in underserved markets; and (II) does not include a covered institution making loans under the program; (ii) the term covered institution means an entity that— (I) is— (aa) a development company, as defined in section 103 of the Small Business Investment Act of 1958 ( 15 U.S.C. 662 ), participating in the 504 Loan Guaranty program established under title V of that Act ( 15 U.S.C. 695 et seq. ); (bb) a nonprofit intermediary, as defined in subsection (m)(11), participating in the microloan program under subsection (m); (cc) a non-Federally regulated entity or a lending institution certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ); or (dd) an eligible intermediary, as defined in subsection (l)(1), participating in the Intermediary Lending Program established under subsection (l)(2); and (II) has approved and disbursed 10 similarly sized loans in the preceding 24-month period and is servicing not less than 10 similarly sized loans to small business concerns in the portfolio of the entity; (iii) the term existing business means a small business concern that has been in existence for not less than 2 years on the date on which a loan is made to the small business concern under the program; (iv) the term new business means a small business concern that has been in existence for not more than 2 years on the date on which a loan is made to the small business concern under the program; (v) the term program means the Community Advantage Loan Program established under subparagraph (C); (vi) the term Referral Agent has the meaning given the term in section 103.1(f) of title 13, Code of Federal Regulations, or any successor regulation; (vii) the term rural area means any county that the Bureau of the Census has defined as mostly rural or completely rural in the most recent decennial census; and (viii) the term small business concern in an underserved market means a small business concern— (I) that is located in— (aa) a low- to moderate-income community; (bb) a HUBZone, as that term is defined in section 31(b); (cc) a rural area; or (dd) any area for which a disaster declaration or determination described in subparagraph (A), (B), (C), or (E) of subsection (b)(2) has been made that has not terminated more than 2 years before the date (or later, as determined by the Administrator) on which a loan is made to the small business concern under the program, except that, in the case of a major disaster described in subsection (b)(2)(A), that period shall be 5 years; (II) for which more than 50 percent of the employees reside in a low- or moderate-income community; (III) that is a new business; (IV) owned and controlled by socially and economically disadvantaged individuals, as described in paragraphs (5) and (6)(A) of section 8(a), respectively, which the Administrator, in carrying out the program, shall presume includes Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities; (V) owned and controlled by women; (VI) owned and controlled by veterans or spouses of veterans; (VII) owned and controlled by a member of an Indian Tribe individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ); (VIII) owned and controlled by an individual who has completed a term of imprisonment in a Federal, State, or local jail or prison; (IX) owned and controlled by an individual with a disability, as that term is defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ); or (X) as otherwise determined by the Administrator. (C) Establishment There is established a Community Advantage Loan Program under which the Administration may guarantee loans made by covered institutions under this subsection, with an emphasis on loans made to small business concerns in underserved markets. (D) Program levels In fiscal year 2023 and each fiscal year thereafter, not more than 10 percent of the number of loans guaranteed under this subsection may be guaranteed under the program. (E) Grandfathering of existing lenders Any covered institution that actively participated in the Community Advantage Pilot Program of the Administration and is in good standing, as determined by the Administration, on the day before the date of enactment of this paragraph— (i) shall retain designation in the program; (ii) shall not be required to submit an application to participate in the program; and (iii) for the purpose of determining the loan loss reserve amount of the covered institution, shall have participation in the Community Advantage Pilot Program included in the calculation under subparagraph (J). (F) Requirement to make loans to underserved markets Not less than 70 percent of loans made by a covered institution under the program shall consist of loans made to small business concerns in underserved markets. (G) Maximum loan amount The maximum loan amount for a loan guaranteed under the program is $350,000. (H) Interest rates The maximum allowable interest rate prescribed by the Administration on any financing made on a deferred basis pursuant to the program shall not exceed the maximum allowable interest rate under sections 120.213 and 120.214 of title 13, Code of Federal Regulations, or any successor regulations. (I) Refinancing of Community Advantage program loans A loan guaranteed under the program or guaranteed under the Community Advantage Pilot Program of the Administration may be refinanced into another 7(a) loan made by lender that does not participate in the program. (J) Loan loss reserve requirements (i) Loan loss reserve account for covered institutions A covered institution— (I) with not more than 5 years of participation in the program shall maintain a loan loss reserve account with an amount equal to 5 percent of the outstanding amount of the unguaranteed portion of the loan portfolio of the covered institution under the program; and (II) with more than 5 years of participation in the program shall maintain a loan loss reserve account with an amount equal to the average repurchase rate of the covered institution over the preceding 36-month period. (ii) Additional loan loss reserve amount for selling loans on the secondary market In addition to the amount required in the loan loss reserve account under clause (i), a covered institution that sells a program loan on the secondary market shall be required to maintain the following additional amounts in the loan loss reserve account: (I) An amount equal to 2 percent of the guaranteed portion of each program loan sold on the secondary market for lenders with less than 5 years experience selling program loans on the secondary market. (II) An amount equal to the average repurchase rate for loans sold by the lender on the secondary market over the preceding 36 months for lenders with more than 5 years experience selling program loans on the secondary market. (iii) Recalculation The loan loss reserve required under clauses (i) and (ii) shall be recalculated on October 1 of each year. (K) Training The Administration— (i) shall provide accessible upfront and ongoing training for covered institutions making loans under the program to support program compliance and improve the interface between the covered institutions and the Administration, which shall include— (I) guidance for following the regulations of the Administration; and (II) guidance specific to mission-oriented lending that is intended to help lenders effectively reach and support underserved small business concerns, including management and technical assistance delivery; (ii) shall ensure that the training described in clause (i) is provided for free or at a low cost; (iii) may enter into a contract to provide the training described in clause (i) with an organization with expertise in lending under this subsection and primarily specializing in mission-oriented lending, and lending to underserved markets; and (iv) shall provide training for the employees and contractors of the Administration that regularly engage with covered institutions or borrowers in the program. (L) Community advantage outreach and education The Administrator— (i) shall develop and implement a program to promote to, conduct outreach to, and educate prospective covered institutions about the program, with a focus on women- and minority-owned covered institutions; and (ii) may enter into a contract with 1 or more nonprofit organizations experienced in working with and training mission driven lenders to provide the outreach and education described in clause (i). (M) Community advantage network partner participation (i) In general A covered institution that uses a Community Advantage Network Partner shall abide by policies and procedures of the Administration concerning the use of Referral Agent fees permitted by the Administration and disclosure of those fees. (ii) Payment of fees Notwithstanding any other provision of law, all fees described in clause (i) shall be paid by the covered institution to the Community Advantage Network Partner upon disbursement of the applicable program loan. (N) Delegated authority A covered institution is not eligible to receive delegated authority from the Administration under the program until the covered institution has approved and fully disbursed not less than 10 loans under the program and the Administration had evaluated the ability of the covered institution to fulfill program requirements. (O) Reporting (i) Weekly reports (I) In general The Administration shall report on the website of the Administration, as part of the weekly reports on lending approvals under this subsection— (aa) on and after the date of enactment of this paragraph, the number and dollar amount of loans guaranteed under the Community Advantage Pilot Program of the Administration; and (bb) on and after the date on which the Administration begins to approve loans under the program, the number and dollar amount of loans guaranteed under the program. (II) Separate accounting The number and dollar amount of loans reported in a weekly report under subclause (I) for loans guaranteed under the Community Advantage Pilot Program of the Administration and under the program shall include a breakdown by the categories of race, ethnicity, and gender of the owners of the small business concerns, by whether the small business concern is a new or existing small business concern, and by whether the small business concern is located in an urban or rural area, and broken down by— (aa) loans of not more than $50,000; (bb) loans of more than $50,000 and not more than $150,000; (cc) loans of more than $150,000 and not more than $250,000; and (dd) loans of more than $250,000 and not more than $350,000. (ii) Annual reports (I) In general For each fiscal year in which the program is in effect, the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, and make publicly available on the internet, information about loans provided under the program and under the Community Advantage Pilot Program of the Administration. (II) Contents Each report submitted and made publicly available under subclause (I) shall include— (aa) the number and dollar amounts of loans provided to small business concerns under the program, including a breakdown by— (AA) the gender of the owners of the small business concern; (BB) the race and ethnicity of the owners of the small business concern, disaggregated in a manner that captures all the racial groups specified in the American Community Survey conducted by the Bureau of the Census; (CC) whether the small business concern is located in an urban or rural area; and (DD) whether the small business concern is an existing business or a new business, as provided in the weekly reports on lending approvals under this subsection; (bb) the proportion of loans described in item (aa) compared to— (AA) other 7(a) loans of any amount; (BB) other 7(a) loans of similar amounts; (CC) express loans provided under paragraph (31) of similar amounts; and (DD) other 7(a) loans of similar amounts provided to small business concerns in underserved markets; (cc) a comparison of the number and dollar amounts of loans provided to small business concerns under the program and under each category of loans described in item (aa), broken down by— (AA) loans of not more than $50,000; (BB) loans of more than $50,000 and not more than $150,000; (CC) loans of more than $150,000 and not more than $250,000; and (DD) loans of more than $250,000 and not more than $350,000; (dd) the number and dollar amounts of loans provided to small business concerns under the program by State, and the jobs created or retained within each State; (ee) a list of covered institutions participating in the program and the Community Advantage Pilot Program of the Administration, including— (AA) the name, location, and contact information, such as the website and telephone number, of each covered institution; and (BB) a breakdown by the number and dollar amount of the loans approved for small business concerns; and (ff) the benchmarks established by the Community Advantage Working Group under subparagraph (O)(i). (III) Timing An annual report required under this clause shall— (aa) be submitted and made publicly available not later than December 1 of each year; and (bb) cover the lending activity for the fiscal year that ended on September 30 of that same year. (P) GAO report Not later than 5 years after the date of enactment of this paragraph, the Comptroller General of the United States shall submit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report— (i) assessing— (I) the extent to which the program fulfills the requirements of this paragraph; and (II) the performance of covered institutions participating in the program; and (ii) providing recommendations on the administration of the program and the findings under subclauses (I) and (II) of clause (i). (Q) Community Advantage Working Group (i) In general Not later than 90 days after the date of enactment of this paragraph, the Administrator shall establish a Community Advantage Working Group, which shall— (I) include— (aa) a geographically diverse representation of members from among covered institutions participating in the program; and (bb) representatives from the Office of Capital Access of the Administration, including the Office of Credit Risk Management, the Office of Financial Assistance, and the Office of Economic Opportunity; (II) develop recommendations on how the Administration can effectively manage, support, and promote the program and the mission of the program; (III) establish metrics of success and benchmarks that reflect the mission and population served by covered institutions under the program, which the Administration shall use to evaluate the performance of those covered institutions; (IV) establish criteria assessing the business support services and technical assistance needs of borrowers and methods to assess lender expertise to provide necessary services and assistance; and (V) institute regular and sustainable systems of communication between the Administration and covered institutions participating in the program. (ii) Report Not later than 1 year after the date of enactment of this paragraph, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes— (I) the recommendations of the Community Advantage Working Group established under clause (i); and (II) a recommended plan and timeline for implementation of those recommendations. (R) Regulations (i) In general Not later than 180 days after the date of enactment of this paragraph, the Administrator shall promulgate regulations governing the program, including metrics for lender performance, metrics of success and benchmarks of the program, and criteria for appropriate management and technical assistance. (ii) Updates The Administrator shall consult the report issued under subparagraph (P)(ii) and, not later than 180 days after submission of the report, promulgate any necessary changes to existing regulations of the Administration based on the recommendations contained in the report. (S) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to conduct outreach and education described in subparagraph (L). . (b) Participation Section 7(a)(2) of the Small Business Act ( 15 U.S.C. 636(a)(2) ) is amended— (1) in subparagraph (A), in the matter preceding clause (i), by striking and (F) and inserting (F), and (G) ; and (2) by adding at the end the following: (G) Participation in the Community Advantage Loan Program In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be— (i) 80 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is more than $150,000 and not more than $350,000; or (ii) 90 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is not more than $150,000. . | https://www.govinfo.gov/content/pkg/BILLS-117s5102is/xml/BILLS-117s5102is.xml |
117-s-5103 | II 117th CONGRESS 2d Session S. 5103 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mrs. Fischer (for herself and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to authorize law enforcement agencies to use COPS grants for recruitment activities, and for other purposes.
1. Short title This Act may be cited as the Recruit and Retain Act . 2. Improving COPS grants for police hiring purposes (a) Grant use expansion Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b) ) is amended— (1) by redesignating paragraphs (5) through (23) as paragraphs (6) through (24), respectively; and (2) by inserting after paragraph (4) the following: (5) to support hiring activities by law enforcement agencies experiencing declines in officer recruitment applications by reducing application-related fees, such as fees for background checks, psychological evaluations, and testing. . (b) Technical amendment Section 1701(b)(23) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b)(23) ) is amended by striking (21) and inserting (22) . 3. Administrative costs Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended— (1) by redesignating subsections (i) through (m) as subsections (j) through (n), respectively; and (2) by inserting after subsection (h) the following: (i) Administrative costs Not more than 2 percent of a grant made for the hiring or rehiring of additional career law enforcement officers may be used for costs incurred to administer such grant. . 4. Pipeline Partnership Program Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended by inserting after subsection (n) the following: (o) COPS Pipeline Partnership Program (1) Eligible entity defined In this subsection, the term eligible entity means a law enforcement agency in partnership with not less than 1 educational institution, which may include 1 or any combination of the following: (A) An elementary school. (B) A post-secondary school. (C) An institution of higher education. (D) A Hispanic-serving institution. (E) A historically Black college or university. (F) A Tribal college. (2) Grants The Attorney General shall award competitive grants to eligible entities for recruiting activities that— (A) support substantial student engagement for the exploration of potential future career opportunities in law enforcement; (B) strengthen recruitment by law enforcement agencies experiencing a decline in recruits, or high rates of resignations or retirements; (C) enhance community interactions between local youth and law enforcement agencies that are designed to increase recruiting; and (D) otherwise improve the outcomes of local law enforcement recruitment through activities such as dedicated programming for students, work-based learning opportunities, project-based learning, mentoring, community liaisons, career or job fairs, work site visits, job shadowing, apprenticeships, or skills-based internships. (3) Funding Of the amounts made available to carry out this part for a fiscal year, the Attorney General may use not more than $3,000,000 to carry out this subsection. . 5. COPS Grant guidance for agencies operating below budgeted strength Section 1704 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10384 ) is amended by adding at the end the following: (d) Guidance for understaffed law enforcement agencies (1) Definitions In this subsection: (A) Covered applicant The term covered applicant means an applicant for a hiring grant under this part seeking funding for a law enforcement agency operating below the budgeted strength of the law enforcement agency. (B) Budgeted strength The term budgeted strength means the employment of the maximum number of sworn law enforcement officers the budget of a law enforcement agency allows the agency to employ. (2) Procedures Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish consistent procedures for covered applicants, including guidance that— (A) clarifies that covered applicants remain eligible for funding under this part; and (B) enables covered applicants to attest that the funding from a grant awarded under this part is not being used by the law enforcement agency to supplant State or local funds, as described in subsection (a). (3) Paperwork reduction In developing the procedures and guidance under paragraph (2), the Attorney General shall take measures to reduce paperwork requirements for grants to covered applicants. . 6. Study on Police Recruitment (a) Study (1) In general The Comptroller General of the United States shall conduct a study to consider the comprehensive effects of recruitment and attrition rates on Federal, State, Tribal, and local law enforcement agencies in the United States, to identify— (A) the primary reasons that law enforcement officers— (i) join law enforcement agencies; and (ii) resign or retire from law enforcement agencies; (B) how the reasons described in subparagraph (A) may have changed over time; (C) the effects of recruitment and attrition on public safety; (D) the effects of electronic media on recruitment efforts; (E) barriers to the recruitment and retention of Federal, State, and local law enforcement officers; and (F) recommendations for potential ways to address barriers to the recruitment and retention of law enforcement officers, including the barriers identified in subparagraph (E). (2) Representative cross-section (A) In general The Comptroller General of the United States shall endeavor to ensure accurate representation of law enforcement agencies in the study conducted pursuant to paragraph (1) by surveying a broad cross-section of law enforcement agencies— (i) from various regions of the United States; (ii) of different sizes; and (iii) from rural, suburban, and urban jurisdictions. (B) Methods description The study conducted pursuant to paragraph (1) shall include in the report under subsection (b) a description of the methods used to identify a representative sample of law enforcement agencies. (b) Report Not later than 540 days after the date of enactment of this Act, the Comptroller General of the United States shall— (1) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the study conducted under subsection (a); and (2) make the report submitted under paragraph (1) publicly available online. (c) Confidentiality The Comptroller General of the United States shall ensure that the study conducted under subsection (a) protects the privacy of participating law enforcement agencies. | https://www.govinfo.gov/content/pkg/BILLS-117s5103is/xml/BILLS-117s5103is.xml |
117-s-5104 | II 117th CONGRESS 2d Session S. 5104 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mrs. Fischer (for herself, Mr. Tester , Mr. Rounds , Ms. Smith , and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to require the National Advisory Council on Indian Education to include at least 1 member who is the president of a Tribal College or University and to require the Secretaries of Education and the Interior to consider the National Advisory Council on Indian Education's reports in the preparation of budget materials.
1. Short title This Act may be cited as the National Advisory Council on Indian Education Improvement Act or the NACIE Improvement Act . 2. National Advisory Council on Indian Education (a) In general Section 6141(a)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7471(a)(1) ) is amended— (1) in subsection (a)(1), by inserting , and who shall include at least one president of a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) )) after organizations ; and (2) in subsection (b)(3), by inserting the Secretary, and the Secretary of the Interior, after Congress, . (b) Consideration of reports (1) Department of Education The Secretary of Education, in preparing the budget materials submitted to Congress by the Secretary in support of the budget of the United States Government that is submitted under section 1105 of title 31, United States Code, shall consider the report prepared under section 6141(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7471(b) ). (2) Department of the Interior The Secretary of the Interior, in preparing the budget materials submitted to Congress by the Secretary in support of the budget of the United States Government that is submitted under section 1105 of title 31, United States Code, shall consider the report prepared under section 6141(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7471(b) ). | https://www.govinfo.gov/content/pkg/BILLS-117s5104is/xml/BILLS-117s5104is.xml |
117-s-5105 | II 117th CONGRESS 2d Session S. 5105 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Education to develop and disseminate an evidence-based curriculum for kindergarten through grade 12 on substance use disorders.
1. Short title This Act may be cited as the Saving America's Future by Educating Kids Act of 2022 . 2. Evidence-based curriculum on substance use disorders (a) In general (1) Development and dissemination of curriculum The Secretary of Education, in consultation with the partners described in paragraph (2), shall develop and disseminate an evidence-based curriculum for kindergarten through grade 12 on educating students at an age-appropriate level on the dangers and harmful impacts of substances that— (A) focuses on opioid and other substances misuse and abuse; and (B) includes vaping, e-cigarettes, tobacco, and other substances. (2) Partners The partners described in this paragraph are the following: (A) The Assistant Secretary of the Substance Abuse and Mental Health Services Administration. (B) The Director of the Centers for Disease Control and Prevention. (C) The Assistant Secretary of the Administration for Children and Families. (D) The Commissioner of Food and Drugs. (E) The Director of the National Institute on Drug Abuse or a designee of the Director from the National Institute on Drug Abuse. (F) The Director of the National Institute on Alcohol Abuse and Alcoholism or a designee of the Director from the National Institute on Alcohol Abuse and Alcoholism. (G) The Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice or a designee of the Administrator from the Office of Juvenile Justice and Delinquency Prevention. (3) Review and update The Secretary of Education, in consultation with the partners described in paragraph (2), shall review and update the evidence-based curriculum developed under paragraph (1) every 2 years. (b) Competitive grant program (1) In general Beginning the first fiscal year following the completion of the development of the evidence-based curriculum under subsection (a)(1), the Secretary of Education shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to implement the evidence-based curriculum. The Secretary of Education shall award not less than 10 grants during each grant cycle. (2) Application A State educational agency that desires to receive a grant under this subsection shall submit an application to the Secretary of Education at such time, in such manner, and accompanied by such information as the Secretary may require. (3) Preference In awarding grants under this subsection, the Secretary of Education shall give preference to States that have experienced the highest drug overdose death rate per capita. (4) Subcontract A State educational agency that receives a grant under this subsection may subcontract with community coalitions, that are or have been a recipient of a grant under section 1032 of the Anti-Drug Abuse Act of 1988 ( 21 U.S.C. 1532 ), to implement the evidence-based curriculum, as needed. (5) Annual report Each State educational agency that receives a grant under this subsection shall provide an annual report to the Secretary of Education on measures set by the Secretary to monitor the quality of implementation of the evidence-based curriculum. (c) Definitions In this section: (1) Evidence-based The term evidence-based has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) State educational agency The term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (d) Funding There are authorized to be appropriated to carry out this section such sums as may be necessary for the period of fiscal years 2022 through 2031. | https://www.govinfo.gov/content/pkg/BILLS-117s5105is/xml/BILLS-117s5105is.xml |
117-s-5106 | II 117th CONGRESS 2d Session S. 5106 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Carper (for himself and Mr. Cassidy ) 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 ensure Medicare-only PACE program enrollees have a choice of prescription drug plans under Medicare part D.
1. Short title This Act may be cited as the PACE Part D Choice Act of 2022 . 2. Ensuring Medicare-only PACE program enrollees have a choice of prescription drug plans under Medicare part D Section 1860D–21(f) of the Social Security Act ( 42 U.S.C. 1395w–131(f) ) is amended— (1) in paragraph (1), by striking and (3) and inserting (3), and (4) ; and (2) by adding at the end the following new paragraph: (4) Ensuring choice of prescription drug plans (A) In general For plan years beginning on or after January 1, 2023, subject to the succeeding provisions of this paragraph, an applicable PACE program enrollee may elect to enroll in a qualified standalone prescription drug plan, in accordance with rules established by the Secretary pursuant to this paragraph, while enrolled under a PACE program. (B) Definition of applicable pace program enrollee; qualified standalone prescription drug plan In this paragraph: (i) Applicable pace program enrollee The term applicable PACE program enrollee means a part D eligible individual who— (I) is not entitled to medical assistance under title XIX; and (II) is enrolled under a PACE program offered by a PACE provider. (ii) Qualified standalone prescription drug plan The term qualified standalone prescription drug plan means, with respect to an applicable PACE program enrollee, a prescription drug plan— (I) that is not an MA–PD plan; (II) that is not operated by the PACE program under which the individual is enrolled; and (III) for which the Secretary determines, with respect to the applicable PACE program enrollees enrolled in a PACE program offered by such PACE provider, that— (aa) the estimated beneficiary out-of-pocket costs (as defined in clause (iii)) for the plan year for qualified prescription drug coverage under the plan is equal to or less than the estimated out-of-pocket costs for such coverage under the prescription drug plan offered by the PACE program in which the applicable PACE program enrollee is enrolled; and (bb) the estimated total amount of Federal subsidies for the plan year for qualified prescription drug coverage under the plan (which may be estimated using data from the previous plan year) is equal to or less than the estimated subsidy amount for such coverage under the prescription drug plan offered by the PACE program in which the applicable PACE program enrollee is enrolled. (iii) Out-of-pocket costs defined In this paragraph, the term out-of-pocket costs includes premiums imposed under a prescription drug plan and, in the case of coverage under a qualified standalone prescription drug plan, deductibles, copayments, coinsurance, and other cost-sharing. (C) Out-of-pocket costs In the case where an applicable PACE program enrollee elects to enroll in a qualified standalone prescription drug plan pursuant to this paragraph, the individual shall be responsible for any out-of-pocket costs imposed under the plan (including costs for nonformulary drugs) after the application of any subsidies under section 1860D–14 for an applicable PACE program enrollee who is a subsidy eligible individual (as defined in section 1860D–14(a)(3)). (D) Requirements for pace programs (i) Educating and helping enroll beneficiaries into a part d plan option A PACE program shall be required to provide— (I) information to all applicable PACE program enrollees who are enrolled under the PACE program regarding the option to enroll in a qualified standalone prescription drug plan under this paragraph; and (II) upon request of an applicable PACE program enrollee, counseling and coordination to assist applicable PACE program enrollees in making decisions regarding the selection of qualified standalone prescription drug plans available to them. (ii) Monitoring drug utilization, adherence, and spend A PACE program shall be required to monitor drug utilization, medication adherence, and drug spending (through claims data shared pursuant to subparagraph (F) and otherwise) throughout the year with respect to any applicable PACE program enrollee who elects to enroll in a qualified standalone prescription drug plan under this paragraph in order to coordinate with the PDP sponsor of such plan regarding the drug benefits offered by the plan, including upon request of an applicable PACE program enrollee the filing of any grievances or appeals with the plan on behalf of the applicable PACE program enrollee. (E) Disenrollment An applicable PACE program enrollee may disenroll from the qualified standalone prescription drug plan elected by such applicable PACE program enrollee under subparagraph (A) if the enrollee changes medication during the plan year or can demonstrate an unexpected increase in out-of-pocket costs post enrollment. (F) Claims sharing In the case where an applicable PACE program enrollee enrolls in a qualified standalone prescription drug plan, the PACE program in which the individual is enrolled and the PDP sponsor of the qualified standalone prescription drug plan shall share claims data with each other with respect to the applicable PACE program enrollee as needed to support care management for the applicable PACE program enrollee (including for purposes of monitoring and coordination required under subparagraph (D)(ii)) and for purposes of comprehensive risk adjustment under section 1894(d). Such data shall be shared without the need for any formal or informal request of the PACE program in which the individual is enrolled or the PDP sponsor of the qualified standalone prescription drug plan in which the applicable PACE program enrollee is enrolled. (G) Rule of construction The authority established under this paragraph for an applicable PACE program enrollee to elect to enroll in a qualified standalone prescription drug plan shall not be construed as permitting an applicable PACE program enrollee to enroll in a prescription drug plan that is not a qualified standalone prescription drug plan. (H) Relation to PACE statutes (i) In general The authority provided under this paragraph for an applicable PACE program enrollee to elect to enroll in a qualified standalone prescription drug plan shall apply notwithstanding subsection (a)(1)(B)(1) of section 1894 and such other provisions of sections 1894 and 1934 as the Secretary determines may conflict with the authority provided for under this paragraph, including subsections (a)(2)(B), (b)(1)(A)(i), (b)(1)(C), (f)(2)(B)(ii), and (f)(2)(B)(v) of such sections. (ii) Clarification on payment for part D drug coverage Insofar as an applicable PACE program enrollee is enrolled in a qualified standalone prescription drug plan under this paragraph, the PACE program shall not be entitled to payment under section 1894(d) for the provision of qualified prescription drug coverage under such standalone prescription drug plan with respect to such applicable PACE program enrollee. . | https://www.govinfo.gov/content/pkg/BILLS-117s5106is/xml/BILLS-117s5106is.xml |
117-s-5107 | II 117th CONGRESS 2d Session S. 5107 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Casey (for himself, Ms. Baldwin , Ms. Warren , Ms. Duckworth , Mr. Sanders , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To strengthen the collection of data regarding interactions between law enforcement officers and individuals with disabilities.
1. Short title This Act may be cited as the Data on Interactions and Accountability for Law Enforcement with Individuals with Disabilities Act . 2. Definitions In this Act: (1) Disability The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). 3. Advisory Council on Disability Status and Law Enforcement Interaction Data Collection (a) Definition In this section, the term Secretary means the Secretary of Health and Human Services. (b) Establishment Not later than 120 days after the date of enactment of this Act, the Secretary shall establish the Advisory Council on Disability Status and Law Enforcement Interaction Data Collection (in this section referred to as the Advisory Council ). (c) Membership (1) Considerations The Secretary shall appoint the members of the Advisory Council in a manner that— (A) provides diverse representation of populations underrepresented on advisory committees, such as underrepresented racial and ethnic populations; and (B) ensures that more than 50 percent of the members are individuals with disabilities. (2) Composition The members of the Advisory Council shall include representatives of— (A) individuals with disabilities; (B) individuals aged 65 and older; (C) law enforcement organizations, including representatives of rank and file law enforcement officers; (D) faculty or researchers, at institutions of higher education or other research institutions, with expertise in disability research; (E) faculty or researchers, at institutions of higher education or other research institutions, with expertise in criminal justice research and statistics; (F) States, including State surveying agencies; (G) State and local public safety agencies; (H) nonprofit organizations led by and serving the disability population; (I) the National Quality Forum or other quality measurement entity; and (J) the Bureau of Justice Statistics of the Department of Justice. (d) Chairperson; Vice-Chairperson The Secretary shall select— (1) a member of the Advisory Council who is an individual with a disability to be the chairperson of the Advisory Council; and (2) a member of the Advisory Council who is a representative of a law enforcement agency to be the vice-chairperson of the Advisory Council. (e) Duties (1) Data collection and reporting development The Advisory Council shall— (A) develop a valid and reliable data collection and reporting methodology on interactions between law enforcement officers and individuals with disabilities; and (B) provide recommendations to the Attorney General on best practices to collect disability status data in instances where a death, a shooting, or an injury has occurred as a result of an interaction with a law enforcement officer. (2) Recommendations Not later than 2 years after the date of enactment of this Act, the Advisory Council shall submit to the Secretary, the Attorney General, the Committee on Finance and the Special Committee on Aging of the Senate, and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, the recommended data collection and reporting methodology and other recommendations developed under paragraph (1). (f) Independent study (1) Grant authorized After receiving the recommendations under subsection (e)(2), the Secretary shall award a grant, to an independent research organization or institution of higher education, to conduct an independent study to test the validity and reliability of the data collection and reporting methodology developed under such subsection. (2) Review by Advisory Council The Secretary shall share the results of the study conducted under paragraph (1) with the Advisory Council as soon as practicable. (g) Report (1) In general Not later than 180 days after receiving the results of the study conducted under subsection (f), the Advisory Council shall reconvene and prepare and submit a report to the Secretary, the Attorney General, the Committee on Finance and the Special Committee on Aging of the Senate, and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, with final recommendations on best practices to collect data on the interactions between law enforcement officers and individuals with disabilities. (2) Public availability Upon receiving the report described in paragraph (1), the Secretary shall make the report available to the public. (h) Adoption of best practices by Attorney General The Attorney General shall review the best practices recommended in the report under subsection (g)(1) and, to the extent that the Attorney General determines appropriate, implement the best practices within the Department of Justice. (i) Termination The Advisory Council shall terminate by not later than 30 days after the submission of the report to the Secretary under subsection (g)(1). 4. Bureau of Justice Statistics survey (a) Definition In this section, the term Director means the Director of the Bureau of Justice Statistics. (b) Inclusion of disability status in Police-Public Contact Survey The Director, in conducting the Police-Public Contact Survey, shall collect data on the disability status of individuals who have had contact with law enforcement officers. (c) Statistic analysis by third-Party organization (1) Grant The Director shall award a grant to a single, independent third-party organization, which may be an institution of higher education or other research institution, to conduct a statistical analysis of data collected in the Police-Public Contact Survey to identify trends in reports of violence committed by law enforcement officers against individuals with disabilities. (2) Deadline The Director shall require the third-party organization that receives the grant under paragraph (1) to complete the statistical analysis not later than 1 year after the date on which the Director begins collecting data on disability status under subsection (b). 5. Death in Custody Reporting Act (a) Disability status Section 2 of the Death in Custody Reporting Act of 2013 ( 34 U.S.C. 60105 ) is amended— (1) in subsection (b)(1), by inserting disability status, after ethnicity, ; (2) in subsection (f), in the heading, by striking Study and report and inserting Initial study and report ; and (3) by adding at the end the following: (g) Annual report (1) In general Each year, the Attorney General shall publish a report on the information reported under subsection (b) and section 3(a). (2) Local disaggregation The Attorney General shall disaggregate the information published under paragraph (1) by the locality in which the death occurred. . (b) FBI use-of-Force data collection program The Death in Custody Reporting Act of 2013 ( Public Law 113–242 ; 128 Stat. 2860) is amended— (1) in section 2(c) ( 34 U.S.C. 60105(c) ), by adding at the end the following: (3) Compliance through participation in National Use-of-Force Data Collection A State may satisfy the requirement under subsection (a) by— (A) participating in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; and (B) including with the information reported for the National Use-of-Force Data Collection the disability status of of each subject of the use of force. ; and (2) in section 3 ( 18 U.S.C. 4001 note)— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Compliance through participation in National Use-of-Force Data Collection A Federal law enforcement agency may satisfy the requirement under subsection (a) by— (1) participating in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; and (2) including with the information reported for the National Use-of-Force Data Collection the disability status of each subject of the use of force. . | https://www.govinfo.gov/content/pkg/BILLS-117s5107is/xml/BILLS-117s5107is.xml |
117-s-5108 | II 117th CONGRESS 2d Session S. 5108 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Portman (for himself, Mr. King , and Mr. Brown ) 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 qualify homeless youth and veterans who are full-time students for purposes of the low income housing tax credit.
1. Short title This Act may be cited as the Housing for Homeless Students Act of 2022 . 2. Homeless youth and veterans who are full-time students qualified for purposes of the low income housing tax credit (a) In General Clause (i) of section 42(i)(3)(D) of the Internal Revenue Code of 1986 is amended by redesignating subclauses (II) and (III) as subclauses (IV) and (V), respectively, and by inserting after subclause (I) the following new subclauses: (II) a full-time student who, during any portion of the 7-year period ending with the commencement of such individual's continuous occupation of any low-income unit or units, was an individual described in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) ), (III) a full-time student who, during any portion of the 5-year period ending with the commencement of such individual's continuous occupation of any low-income unit or units, was an individual described in section 2002(1) of title 38, United States Code, . (b) Effective date The amendments made by subsection (a) shall apply to determinations made before, on, or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5108is/xml/BILLS-117s5108is.xml |
117-s-5109 | II 117th CONGRESS 2d Session S. 5109 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Rubio (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish and implement a multi-year Legal Gold and Mining Partnership Strategy to reduce the negative environmental and social impacts of illicit gold mining in the Western Hemisphere, and for other purposes.
1. Short title This Act may be cited as the United States Legal Gold and Mining Partnership Act . 2. Findings Congress makes the following findings: (1) The illicit mining, trafficking, and commercialization of gold in the Western Hemisphere— (A) negatively affects the region’s economic and social dynamics; (B) strengthens transnational criminal organizations and other international illicit actors; and (C) has a deleterious impact on the environment and food security. (2) A lack of economic opportunities and the weak rule of law promote illicit activities, such as illicit gold mining, which increases the vulnerability of individuals in mining areas, including indigenous communities, who have been subjected to trafficking in persons, other human rights abuses, and population displacement in relation to mining activity, particularly in the artisanal and small-scale mining sector. (3) Illicit gold mining in Latin America often involves and benefits transnational criminal organizations, drug trafficking organizations, terrorist groups, and other illegal armed groups that extort miners and enter into illicit partnerships with them in order to gain revenue from the illicit activity. (4) Illicit gold supply chains are international in nature and frequently involve— (A) the smuggling of gold and supplies, such as mercury; (B) trade-based money laundering; and (C) other cross-border flows of illicit assets. (5) In Latin America, mineral traders and exporters, local processors, and shell companies linked to transnational criminal networks and illegally armed groups all play a key role in the trafficking, laundering, and commercialization of illicit gold from the region. (6) According to a report on illegally mined Gold in Latin America by the Global Initiative Against Transnational Organized Crime— (A) more than 70 percent of the gold mined in several Latin American countries, such as Colombia, Ecuador, and Peru, is mined through illicit means; and (B) about 80 percent of the gold mined in Venezuela is mined through illicit means and a large percentage of such gold is sold— (i) to the state mining company, Minerven, a gold processor that has been designated by the Office of Foreign Assets Control of the Department of the Treasury, pursuant to Executive Order 13850, and is operated by the Maduro regime; or (ii) through other trafficking and commercialization networks from which the Maduro regime benefits financially. (7) Illegal armed groups and foreign terrorist organizations, such as the Ejército de Liberación Nacional (National Liberation Army—ELN), work with transnational criminal organizations in Venezuela that participate in the illicit mining, trafficking, and commercialization of gold. (8) Transnational criminal organizations based in Venezuela, such as El Tren de Aragua, have expanded their role in the illicit mining, trafficking, and commercialization of gold to increase their criminal profits. 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; and (B) the Committee on Foreign Affairs of the House of Representatives. (2) Artisanal and small-scale mining; ASM The terms artisanal and small-scale mining and ASM refer to a form of mining common in the developing world that— (A) typically employs rudimentary, simple, and low-cost extractive technologies and manual labor-intensive techniques; (B) is frequently subject to limited regulation; and (C) often features harsh and dangerous working conditions. (3) Illicit actors The term illicit actors includes— (A) any person included on any list of— (i) United States-designated foreign terrorist organizations; (ii) specially designated global terrorists (as defined in section 594.310 of title 31, Code of Federal Regulations); (iii) significant foreign narcotics traffickers (as defined in section 808 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1907 )); or (iv) blocked persons, as maintained by the Office of Foreign Assets Control of the Department of the Treasury; and (B) drug trafficking organizations. (4) Key stakeholders The term key stakeholders means private sector organizations, industry representatives, and civil society representatives that are committed to the implementation of the Legal Gold and Mining Partnership Strategy. (5) Legal gold and mining partnership strategy; strategy The terms Legal Gold and Mining Partnership Strategy and Strategy mean the strategy developed pursuant to section 4. (6) Relevant federal departments and agencies The term relevant Federal departments and agencies means— (A) the Department of State; (B) the Department of the Treasury; (C) the Department of Homeland Security, including U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; (D) the Department of Justice, including the Federal Bureau of Investigation and the Drug Enforcement Administration; (E) the Department of the Interior; (F) the United States Agency for International Development; and (G) other Federal agencies designated by the President. 4. Legal Gold and Mining Partnership Strategy (a) Strategy required The Secretary of State, in coordination with the heads of relevant Federal departments and agencies, shall develop a comprehensive, multi-year strategy, which shall be known as the Legal Gold and Mining Partnership Strategy (referred to in this section as the Strategy ), to combat illicit gold mining in the Western Hemisphere. (b) Elements The Strategy shall include policies, programs, and initiatives— (1) to interrupt the linkages between ASM and illicit actors that profit from ASM in the Western Hemisphere; (2) to deter ASM in environmentally protected areas, such as national parks and conservation zones, to prevent mining-related contamination of critical natural resources, such as water resources, soil, tropical forests, and other flora and fauna, and aerosol contamination linked to detrimental health impacts; (3) to counter the financing and enrichment of actors involved in the illicit mining, trafficking, and commercialization of gold, and the abetting of their activities by— (A) promoting the exercise of due diligence and the use of responsible sourcing methods in the purchase and trade of ASM; (B) preventing and prohibiting foreign persons who control commodity trading chains linked to illicit actors from enjoying the benefits of access to the territory, markets or financial system of the United States, and halting any such ongoing activity by such foreign persons; and (C) supporting the capacity of financial intelligence units, customs agencies, and other government institutions focused on anti-money laundering initiatives and combating the financing of criminal activities and terrorism to exercise oversight consistent with the threats posed by illicit gold mining; (4) to build the capacity of foreign civilian law enforcement institutions in the Western Hemisphere to effectively counter— (A) linkages between illicit gold mining, illicit actors, money laundering, and other financial crimes, including trade-based money laundering; (B) linkages between illicit gold mining, illicit actors, trafficking in persons, and forced or coerced labor, including sex work and child labor; (C) the cross-border trafficking of illicit gold, and the mercury, cyanide, explosives, and other hazardous materials used in illicit gold mining; and (D) surveillance and investigation of illicit and related activities that are related to or are indicators of illicit gold mining activities; (5) to ensure the successful implementation of the existing Memoranda of Understanding signed with the Governments of Peru and of Colombia in 2017 and 2018, respectively, to expand bilateral cooperation to combat illicit gold mining; (6) to work with governments in the Western Hemisphere, bolster the effectiveness of anti-money laundering efforts to combat the financing of illicit actors in Latin America and the Caribbean and counter the laundering of proceeds related to illicit gold mining by— (A) fostering international and regional cooperation and facilitating intelligence sharing, as appropriate, to identify and disrupt financial flows related to the illicit gold mining, trafficking, and commercialization of gold and other minerals and illicit metals; and (B) supporting the formulation of strategies to ensure the compliance of reporting institutions involved in the mining sector and to promote transparency in mining-sector transactions; (7) to support foreign government efforts— (A) to increase regulations of the ASM sector; (B) to facilitate licensing and formalization processes for ASM miners; (C) to create and implement environmental safeguards to reduce the negative environmental impact of mining on sensitive ecosystems; and (D) to develop mechanisms to support regulated cultural artisanal mining and artisanal mining as a job growth area; (8) to engage the mining industry to encourage the building of technical expertise in best practices, environmental safeguards, and access to new technologies; (9) to support the establishment of gold commodity supply chain due diligence, responsible sourcing, tracing and tracking capacities, and standards-compliant commodity certification systems in countries in Latin America and the Caribbean, including efforts recommended in the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High Risk Areas, Third Edition (2016); (10) to reduce the negative environmental impacts of ASM, particularly— (A) the use of mercury in preliminary refining; (B) the destruction of tropical forests; (C) the construction of illegal and unregulated dams and the resulting valley floods; (D) the pollution of water resources and soil; and (E) the release of dust, which can contain toxic chemicals and heavy metals that can cause severe health problems; (11) to aid and encourage ASM miners— (A) to formalize their business activities, including through skills training, technical and business assistance, and access to financing, loans, and credit; (B) to utilize environmentally safe and sustainable mining practices, including by scaling up the use of mercury-free gold refining technologies, and mining methods and technologies that do not result in deforestation, forest destruction, air pollution, water and soil-contamination, and other negative environmental impacts associated with ASM; (C) to reduce the costs associated with formalization and compliance with mining regulations; (D) to fully break away from the influence of illicit actors who leverage the control of territory and use violence to extort miners and push them into illicit arrangements; (E) to adopt and utilize environmentally safe and sustainable mining practices, including— (i) mercury-free gold refining technologies; and (ii) extractive techniques that do not result in— (I) forest clearance and water contamination; or (II) the release of dust or uncontrolled tailings containing toxic chemicals; (F) to pursue alternative livelihoods outside the mining sector; and (G) to fully access public social services in ASM-dependent communities; (12) to support and encourage socioeconomic development programs, law enforcement capacity-building programs, and support for relevant international initiatives, including by providing assistance to achieve such ends by implementing the Strategy; and (13) to promote responsible sourcing and due diligence at all levels of gold supply chains. (c) Challenges assessed The Strategy shall include an assessment of the challenges posed by, and policy recommendations to address— (1) linkages between ASM sector production and trade, particularly relating to gold, to the activities of illicit actors, including linkages that help to finance or enrich such illicit actors or abet their activities; (2) linkages between illicit or grey market trade, and markets in gold and other metals or minerals and legal trade and commerce in such commodities, notably with respect to activities that abet the entry of such commodities into legal commerce, including— (A) illicit cross-border trafficking, including with respect to goods, persons and illegal narcotics; (B) money-laundering; (C) the financing of illicit actors or their activities; and (D) the extralegal entry into the United States of— (i) metals or minerals, whether of legal foreign origin or not; and (ii) the proceeds of such metals or minerals; (3) linkages between the illicit mining, trafficking, and commercialization of gold, diamonds, and precious metals and stones, and the financial and political activities of the regime of Nicolás Maduro of Venezuela; (4) factors that— (A) produce linkages between ASM miners and illicit actors, prompting some ASM miners to utilize mining practices that are environmentally damaging and unsustainable, notably mining or related ore processing practices that— (i) involve the use of elemental mercury; or (ii) result in labor, health, environmental, and safety code infractions and workplace hazards; and (B) lead some ASM miners to operate in the extralegal or poorly regulated informal sector, and often prevent such miners from improving the socioeconomic status of themselves and their families and communities, or hinder their ability to formalize their operations, enhance their technical and business capacities, and access finance of fair market prices for their output; (5) mining-related trafficking in persons and forced or coerced labor, including sex work and child labor; and (6) the use of elemental mercury and cyanide in ASM operations, including the technical aims and scope of such usage and its impact on human health and the environment, including flora, fauna, water resources, soil, and air quality. (d) Foreign assistance The Strategy shall describe— (1) existing foreign assistance programs that address elements of the Strategy; and (2) additional foreign assistance resources needed to fully implement the Strategy. (e) Submission Not later than 180 days after the date of the enactment of this Act, the President shall submit the Strategy to the appropriate congressional committees. (f) Briefing Not later than 180 days after submission of the Strategy, and semiannually thereafter for the following 3 years, the Secretary of State, or the Secretary’s designee, shall provide a briefing to the appropriate congressional committees regarding the implementation of the strategy, including efforts to leverage international support and develop a public-private partnership to build responsible gold value chains with other governments. 5. Classified briefing on illicit gold mining in Venezuela Not later than 90 days after the date of the enactment of this Act, the Secretary of State, or the Secretary’s designee, in coordination with the Director of National Intelligence, shall provide a classified briefing to the appropriate congressional committees, the Select Committee on Intelligence of the Senate , and the Permanent Select Committee on Intelligence of the House of Representatives that describes— (1) the activities related to illicit gold mining, including the illicit mining, trafficking, and commercialization of gold, inside Venezuelan territory carried out by illicit actors, including defectors from the Revolutionary Armed Forces of Colombia (FARC) and members of the National Liberation Army (ELN); and (2) Venezuela’s illicit gold trade with foreign governments, including the Government of the Republic of Turkey and the Government of the Islamic Republic of Iran. 6. Investigation of the illicit gold trade in Venezuela The Secretary of State, in coordination with the Secretary of the Treasury, the Attorney General, and allied and partner governments in the Western Hemisphere, shall— (1) lead a coordinated international effort to carry out financial investigations to identify and track assets taken from the people and institutions in Venezuela that are linked to money laundering and illicit activities, including mining-related activities, by sharing financial investigations intelligence, as appropriate and as permitted by law; and (2) provide technical assistance to help eligible governments in Latin America establish legislative and regulatory frameworks capable of imposing and effectively implementing targeted sanctions on— (A) officials of the Maduro regime who are directly engaged in the illicit mining, trafficking, and commercialization of gold; and (B) foreign persons engaged in the laundering of illicit gold assets linked to designated terrorist and drug trafficking organizations. 7. Leveraging international support In implementing the Legal Gold and Mining Partnership Strategy pursuant to section 4, the President should direct United States representatives accredited to relevant multilateral institutions and development banks and United States ambassadors in the Western Hemisphere to use the influence of the United States to foster international cooperation to achieve the objectives of this Act, including— (1) marshaling resources and political support; and (2) encouraging the development of policies and consultation with key stakeholders to accomplish such objectives and provisions. 8. Public-private partnership to build responsible gold value chains (a) Best practices The Administrator of the United States Agency for International Development (referred to in this section as the Administrator ), in coordination with the Governments of Colombia, of Ecuador, and of Peru, and with other democratically elected governments in the region, shall consult with the Government of Switzerland regarding best practices developed through the Swiss Better Gold Initiative, a public-private partnership that aims to improve transparency and traceability in the international gold trade. (b) In general The Administrator shall coordinate with the Governments of Colombia, Ecuador, Peru, and other democratically elected governments in the region determined by the Administrator to establish a public-private partnership to advance the best practices identified in subsection (a), including supporting programming in participating countries that will— (1) support formalization and compliance with appropriate environmental and labor standards in ASM gold mining; (2) increase access to financing for ASM gold miners who are taking significant steps to formalize their operations and comply with labor and environmental standards; (3) enhance the traceability and support the establishment of a certification process for ASM gold; (4) support a public relations campaign to promote responsibly sourced gold; (5) facilitate contact between vendors of responsibly sourced gold and United States companies; and (6) promote policies and practices in participating countries that are conducive to the formalization of ASM gold mining and promoting adherence of ASM to internationally recognized best practices and standards. (c) Meeting The Secretary of State or the Administrator, without delegation and in coordination with the governments of participating countries, should— (1) host a meeting with senior representatives of the private sector and international governmental and nongovernmental partners; and (2) make commitments to improve due diligence and increase the responsible sourcing of gold. 9. Authorization of appropriations There is authorized to be appropriated to the Secretary of State $10,000,000 to implement the Legal Gold and Mining Partnership Strategy developed pursuant to section 4. | https://www.govinfo.gov/content/pkg/BILLS-117s5109is/xml/BILLS-117s5109is.xml |
117-s-5110 | II 117th CONGRESS 2d Session S. 5110 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Casey (for himself and Mr. Toomey ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to issue a right-of-way permit with respect to a natural gas distribution main within Valley Forge National Historical Park, and for other purposes.
1. Short title This Act may be cited as the Valley Forge Park Realignment Permit and Promise Act . 2. Right-of-way permit for natural gas distribution main segment at Valley Forge NHP (a) In general Notwithstanding any other provision of law, the Secretary may issue a right-of-way permit pursuant to part 14 of title 36, Code of Federal Regulations (as in effect on the date of the enactment of this Act), for the covered main segment if the covered main segment is relocated to a proposed realignment of Valley Forge Park Road and North Gulph Road within the Park. (b) Scope of authority The authority to grant a right-of-way permit under subsection (a) shall apply only to the covered main segment and shall not apply to any other part of the natural gas distribution main system or any other pipeline system within the Park. (c) Definitions In this section: (1) Covered main segment The term covered main segment means the portions of the natural gas distribution main (including all appurtenances used in the operation of such main) within the Park— (A) existing on the date of the enactment of this Act; and (B) that are located under, along, or adjacent to the segments of North Gulph Road and Valley Forge Park Road (SR3039 and SR0023 respectively, as those roads were aligned on January 21, 2022) that are between— (i) the intersection of North Gulph Road with Richards Road; and (ii) a point on Valley Forge Park Road located 500 feet northwest of its intersection with County Line Road. (2) Park The term Park means Valley Forge National Historical Park. (3) Secretary The term Secretary means the Secretary of the Interior. | https://www.govinfo.gov/content/pkg/BILLS-117s5110is/xml/BILLS-117s5110is.xml |
117-s-5111 | II 117th CONGRESS 2d Session S. 5111 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require Transmission Organizations to accept bids from aggregators of certain retail customers, and for other purposes.
1. Short title This Act may be cited as the Responsive Energy Demand Unlocks Clean Energy Act . 2. Aggregator bidding into organized power markets (a) Definitions of State regulatory authority and Transmission Organization In this section, the terms State regulatory authority and Transmission Organization have the meanings given those terms in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (b) Requirement Notwithstanding any prohibition established by a State regulatory authority with respect to who may bid into an organized power market, each Transmission Organization shall accept any bid from an aggregator of retail customers that aggregated the demand response of the customers of any utility that distributed more than 4,000,000 megawatt-hours in the previous fiscal year. (c) Rulemaking Not later than 180 days after the date of enactment of this Act, the Federal Energy Regulatory Commission shall issue a rule to carry out the requirements of subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-117s5111is/xml/BILLS-117s5111is.xml |
117-s-5112 | II 117th CONGRESS 2d Session S. 5112 IN THE SENATE OF THE UNITED STATES November 16, 2022 Mr. Blumenthal (for himself, Mr. Sullivan , Mr. Wicker , Mr. Rounds , 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 require the Secretary of the Treasury to mint coins in commemoration of the 250th Anniversary of the United States Marine Corps, and to support programs at the Marine Corps Heritage Center.
1. Short title This Act may be cited as the 250th Anniversary of the United States Marine Corps Commemorative Coin Act . 2. Findings The Congress finds the following: (1) November 10, 2025, marks the 250th anniversary of the United States Marine Corps. (2) The United States Marine Corps has, over the course of its illustrious 250-year history, fought gallantly in defense of the United States. (3) The United States Marine Corps has established itself as a leading military force, always prepared for tomorrow’s challenges and to contend with the future character of war. (4) The United States Marine Corps continues to exemplify the warrior ethos that has made it a fighting force of international repute. (5) All Americans should commemorate the legacy of the United States Marine Corps and recognize the significant contributions the values embodied in the Corps have made in protecting the United States against its enemies. (6) In 2000, Congress authorized the construction of the Marine Corps Heritage Center as a multipurpose facility for historical displays for the public viewing, curation and storage of artifacts, research facilities, classrooms, offices and associated activities consistent with the mission of the Marine Corps. (7) On November 10, 2006, the Marine Corps Heritage Center opened to the public, with exhibits that share the history of the Marine Corps from 1775 until 1975, and with planned future exhibits on modern day Marine Corps history from the end of the Vietnam War through the wars in Iraq and Afghanistan. (8) The United States should pay tribute to the 250th anniversary of the United States Marine Corps by minting and issuing a commemorative coin. (9) The surcharge proceeds from the sale of a commemorative coin, which would have no net costs to the taxpayers, would raise valuable funding for the continuation of educational programs of the Marine Corps Heritage Center. 3. Coin specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $5 Gold coins Not more than 50,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 Silver coins Not more than 400,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins Not more than 750,000 half-dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design requirements The designs of the coins minted under this Act shall be emblematic of the 250th anniversary of the United States Marine Corps. (b) Designation and inscriptions On each coin minted under this Act there shall be— (1) a designation of the value of the coin; (2) an inscription of the year 2025 ; and (3) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (c) Selection The design for the coin minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts, the Commandant of the Marine Corps, and the Marine Corps Heritage Foundation; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility Any facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2025. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins issued under this Act shall include a surcharge of— (1) a surcharge of $35 per coin for the $5 coin; (2) a surcharge of $10 per coin for the $1 coin; and (3) a surcharge of $5 per coin for the half dollar coin. (b) Distribution Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Marine Corps Heritage Foundation and shall only be used for the purposes of supporting the mission of the Marine Corps Heritage Center. (c) Audits The Marine Corps Heritage Foundation, shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act result in no net cost to the Federal Government; and (2) no funds, including applicable surcharges, are disbursed to the Marine Corps Heritage Foundation until the total cost of designing and issuing all of the coins authorized by this Act, including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping, is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s5112is/xml/BILLS-117s5112is.xml |
117-s-5113 | II 117th CONGRESS 2d Session S. 5113 IN THE SENATE OF THE UNITED STATES November 16, 2022 Ms. Hirono introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To make a technical amendment to the Violence Against Women Act of 1994, and for other purposes.
1. Short title This Act may be cited as the VAWA Technical Amendment Act of 2022 . 2. Grants to combat violent crimes (a) Amendment Section 2001(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10441(d) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by inserting or Native Hawaiian after Indian ; (B) in subparagarph (B), by inserting or Native Hawaiian after Indian ; (C) in subparagraph (C)— (i) by inserting or Native Hawaiian communities after tribal communities ; and (ii) by inserting or Native Hawaiian after Indian ; and (D) in subparagraph (D)— (i) by inserting or Native Hawaiian communities after Indian tribes ; and (ii) by inserting or Native Hawaiian after against Indian ; (2) in paragraph (2)— (A) in subparagraph (A)(iii), by inserting or Native Hawaiian communities after Indian tribes ; and (B) in subparagraph (B), by inserting or Native Hawaiian communities after Indian tribes ; and (3) by adding at the end the following: (6) Native Hawaiian defined In this subsection, the term Native Hawaiian has the meaning given that term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 ). . (b) Technical and conforming amendment Section 40002(a)(42) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a)(42) ) is amended— (1) in subparagraph (A)— (A) by inserting , Native Hawaiian organizations, or the Native Hawaiian community after Indian service providers ; (B) by inserting , organizations, or communities after member providers ; and (C) by inserting or Native Hawaiian after designed to assist Indian ; and (2) in subparagraph (B)— (A) in clause (i), by inserting , organizations, or communities after member service providers ; and (B) in clause (ii), by inserting or Native Hawaiian communities after tribal communities . | https://www.govinfo.gov/content/pkg/BILLS-117s5113is/xml/BILLS-117s5113is.xml |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.